§ 1811. — Grant adjustments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1811]
TITLE 25--INDIANS
CHAPTER 20--TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE
SUBCHAPTER I--TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT PROGRAM
Sec. 1811. Grant adjustments
(a) Formula for allocation
(1) If the sums appropriated for any fiscal year pursuant to section
1810(a)(2) of this title for grants under section 1807 of this title are
not sufficient to pay in full the total amount which approved applicants
are eligible to receive under such section for such fiscal year--
(A) the Secretary shall first allocate to each such applicant
which received funds under section 1807 of this title for the
preceding fiscal year an amount equal to 95 percent of the payment
received by such applicant under section 1808 of this title;
(B) the Secretary shall next allocate to applicants who did not
receive funds under such section for the preceding fiscal year an
amount equal to 100 per centum of the product of--
(i) the per capita payment for the preceding fiscal year;
and
(ii) the applicant's projected Indian student count for the
academic year for which payment is being made;
in the order in which such applicants have qualified for assistance
in accordance with such section so that no amount shall be allocated
to a later qualified applicant until each earlier qualified
applicant is allocated an amount equal to such product; and
(C) if additional funds remain after making the allocations
required by subparagraphs (A) and (B), the Secretary shall allocate
such funds by--
(i) ratably increasing the amounts of the grants determined
under subparagraph (A) until such grants are equal to 100 per
centum of the product described in such subparagraph; and
(ii) then ratably increasing the amounts of both (I) the
grants determined under subparagraph (A), as increased under
clause (i) of this subparagraph, and (II) the grants determined
under subparagraph (B).
(2) For purposes of paragraph (1) of this subsection, the term ``per
capita payment'' for any fiscal year shall be determined by dividing the
amount available for grants to tribally controlled colleges or
universities under section 1807 of this title for such fiscal year by
the sum of the Indian student counts of such colleges or universities
for such fiscal year. The Secretary shall, on the basis of the most
satisfactory data available, compute the Indian student count for any
fiscal year for which such count was not used for the purpose of making
allocations under this subchapter.
(b) Ratable reduction or increase in funds available for existing
schools; excess funds; definition
(1) If the sums appropriated for any fiscal year for grants under
section 1807 of this title are not sufficient to pay in full the total
amount of the grants determined pursuant to subsection (a)(1)(A) of this
section, the amount which applicants described in such subsection are
eligible to receive under section 1807 of this title for such fiscal
year shall be ratably reduced.
(2) If any additional funds become available for making payments
under section 1807 of this title for any fiscal year to which subsection
(a) of this section or paragraph (1) of this subsection applies, such
additional amounts shall be allocated by first increasing grants reduced
under paragraph (1) of this subsection on the same basis as they were
reduced and by then allocating the remainder in accordance with
subsection (a) of this section. Sums appropriated in excess of the
amount necessary to pay in full the total amounts for which applicants
are eligible under section 1807 of this title shall be allocated by
ratably increasing such total amounts.
(3) References in this subsection and subsection (a) of this section
to section 1807 of this title shall, with respect to fiscal year 1983,
be deemed to refer to section 1806 of this title as in effect at the
beginning of such fiscal year.
(c) Reallocation of funds
In any fiscal year in which the amounts for which grant recipients
are eligible to receive have been reduced under the first sentence of
subsection (a) of this section, and in which additional funds have not
been made available to pay in full the total of such amounts under the
second sentence of such subsection, each grantee shall report to the
Secretary any unused portion of received funds ninety days prior to the
grant expiration date. The amounts so reported by any grant recipient
shall be made available for reallocation to eligible grantees on a basis
proportionate to the amount which is unfunded as a result of the ratable
reduction, but no grant recipient shall receive, as a result of such
reallocation, more than the amount provided for under section 1807(a) of
this title.
(Pub. L. 95-471, title I, Sec. 111, formerly Sec. 110, Oct. 17, 1978, 92
Stat. 1328; renumbered Sec. 111 and amended Pub. L. 98-192,
Secs. 4(a)(1), (b)(3), 10, Dec. 1, 1983, 97 Stat. 1336, 1338; Pub. L.
101-477, Sec. 1(c), Oct. 30, 1990, 104 Stat. 1152; Pub. L. 105-244,
title IX, Sec. 901(b)(6), (8), Oct. 7, 1998, 112 Stat. 1828.)
Amendments
1998--Subsec. (a)(2). Pub. L. 105-244 substituted ``controlled
colleges or universities'' for ``controlled community colleges'' and
``such colleges or universities'' for ``such colleges''.
1990--Subsec. (a)(1)(A). Pub. L. 101-477, Sec. 1(c)(1), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows:
``the Secretary shall first allocate to each such applicant which
received funds under section 1807 of this title for the preceding fiscal
year an amount equal to 95 per centum of the product of--
``(i) the per capita payment for the preceding fiscal year; and
``(ii) such applicant's Indian student count for the current
fiscal year;''.
Subsec. (a)(1)(B)(ii). Pub. L. 101-477, Sec. 1(c)(2), amended cl.
(ii) generally. Prior to amendment, cl. (ii) read as follows: ``the
applicant's Indian student count for the current fiscal year;''.
1983--Subsec. (a). Pub. L. 98-192, Sec. 10, amended subsec. (a)
generally, substituting provision establishing a formula to be used to
determine funding between existing and newly eligible schools when funds
appropriated are not sufficient to pay in full the total amount which
approved applicants are eligible to receive under section 1807 of this
title for provision that if funds were insufficient to pay in full the
total amounts which approved grant applicants were eligible to receive,
the available funds would be ratably decreased and if funds later became
available or there were excess funds, such funds would be ratably
increased.
Subsecs. (b), (c). Pub. L. 98-192, Sec. 10, added subsec. (b) and
redesignated former subsec. (b) as (c).
Pub. L. 98-192, Sec. 4(b)(3), 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 section 1808 of this title.
