§ 1806. — Eligibility studies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1806]
TITLE 25--INDIANS
CHAPTER 20--TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE
SUBCHAPTER I--TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT PROGRAM
Sec. 1806. Eligibility studies
(a) Development of plans, procedures, and criteria
The Secretary is authorized to enter into an agreement with the
Secretary of Education to assist the Bureau of Indian Affairs in
developing plans, procedures, and criteria for conducting the
eligibility studies required by this section. Such agreement shall
provide for continuing technical assistance in the conduct of such
studies.
(b) Initiation by Secretary; grant applications and budgets
The Secretary, within thirty days after a request by any Indian
tribe, shall initiate a \1\ eligibility study to determine whether there
is justification to encourage and maintain a tribally controlled college
or university, and, upon a positive determination, shall aid in the
preparation of grant applications and related budgets which will insure
successful operation of such an institution. Such a positive
determination shall be effective for the fiscal year succeeding the
fiscal year in which such determination is made.
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\1\ So in original. Probably should be ``an''.
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(c) Source of appropriations
Funds to carry out the purposes of this section for any fiscal year
may be drawn from either--
(1) general administrative appropriations to the Secretary made
after October 17, 1978 for such fiscal year; or
(2) not more than 5 per centum of the funds appropriated to
carry out section 1807 of this title for such fiscal year.
(Pub. L. 95-471, title I, Sec. 106, formerly Sec. 105, Oct. 17, 1978, 92
Stat. 1326; renumbered Sec. 106 and amended Pub. L. 98-192,
Secs. 4(a)(1), (b)(1), 6(a), Dec. 1, 1983, 97 Stat. 1336, 1337; Pub. L.
105-244, title IX, Sec. 901(b)(5), Oct. 7, 1998, 112 Stat. 1828.)
Amendments
1998--Subsec. (b). Pub. L. 105-244 substituted ``college or
university'' for ``community college''.
1983--Subsec. (a). Pub. L. 98-192, Sec. 6(a)(2), (3), substituted
``eligibility'' for ``feasibility'' and ``Secretary of Education'' for
``Assistant Secretary of Education of the Department of Health,
Education, and Welfare''.
Subsec. (b). Pub. L. 98-192, Sec. 6(a)(2), (4), inserted provision
that such positive determination be effective for fiscal year succeeding
fiscal year in which such determination is made, and substituted
``eligibility'' for ``feasibility''.
Subsec. (c)(2). Pub. L. 98-192, Secs. 4(b)(1), 6(a)(5), substituted
``5 per centum'' for ``10 per centum'' and made a technical amendment to
reference to section 1807 of this title to reflect renumbering of that
section.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244,
set out as a note under section 1001 of Title 20, Education.
Section Referred to in Other Sections
This section is referred to in sections 1807, 1811 of this title.
