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§ 640c-1. —  Authorization of appropriations.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 25USC640c-1]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
         SUBCHAPTER XXI--NAVAJO AND HOPI TRIBES: REHABILITATION
 
Sec. 640c-1. Authorization of appropriations


(a) Construction grants

    (1) For the purpose of making construction grants under sections 
640a to 640c-3 of this title, there are authorized to be appropriated 
$2,000,000 for fiscal year 1999 and such sums as may be necessary for 
each of the 4 succeeding fiscal years.
    (2) Sums appropriated pursuant to this subsection for construction 
shall, unless otherwise provided in appropriations Acts, remain 
available until expended.

(b) Navajo Community College grants

    (1) There are authorized to be appropriated for grants to the Navajo 
Community College, for each fiscal year, an amount necessary to pay 
expenses incurred for--
        (A) the maintenance and operation of the college, including--
            (i) basic, special, developmental, vocational, technical, 
        and special handicapped education costs,
            (ii) annual capital expenditures, including equipment needs, 
        minor capital improvements and remodeling projects, physical 
        plant maintenance and operation costs, and exceptions and 
        supplemental need account, and
            (iii) summer and special interest programs,

        (B) major capital improvements, including internal capital 
    outlay funds and capital improvement projects,
        (C) mandatory payments, including payments due on bonds, loans, 
    notes, or lease purchases, and
        (D) supplemental student services, including student housing, 
    food service, and the provision of access to books and services.

    (2) The Secretary shall make payments, pursuant to grants under this 
subsection, in advance installments of not less than 40 per centum of 
the funds available for allotment, based on anticipated or actual 
numbers of full-time equivalent Indian students or such other factors as 
determined by the Secretary. Adjustments for overpayments and 
underpayments shall be applied to the remainder of such funds and such 
remainder shall be delivered no later than July 1 of each year.

(c) Funding requirements

    The Secretary of the Interior is authorized and directed to 
establish by rule procedures to insure that all funds appropriated under 
sections 640a to 640c-3 of this title are properly identified for grants 
to the Navajo Community College and that such funds are not commingled 
with appropriations historically expended by the Bureau of Indian 
Affairs for programs and projects normally provided on the Navajo 
Reservation for Navajo beneficiaries.

(Pub. L. 92-189, Sec. 5, as added Pub. L. 95-471, title II, Sec. 203(a), 
Oct. 17, 1978, 92 Stat. 1330; amended Pub. L. 96-374, title XIII, 
Sec. 1351(a), (b), Oct. 3, 1980, 94 Stat. 1501; Pub. L. 98-192, Sec. 14, 
Dec. 1, 1983, 97 Stat. 1343; Pub. L. 99-428, Sec. 7, Sept. 30, 1986, 100 
Stat. 983; Pub. L. 100-297, title V, Sec. 5401, Apr. 28, 1988, 102 Stat. 
414; Pub. L. 101-477, Sec. 2(a), Oct. 30, 1990, 104 Stat. 1153; Pub. L. 
102-325, title XIII, Sec. 1301(d), July 23, 1992, 106 Stat. 797; Pub. L. 
105-244, title IX, Sec. 902, Oct. 7, 1998, 112 Stat. 1829.)

                          Codification

    Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64 
Stat. 44, which comprises this subchapter.


                               Amendments

    1998--Subsec. (a)(1). Pub. L. 105-244 substituted ``1999'' for 
``1993''.
    1992--Subsec. (a)(1). Pub. L. 102-325 amended par. (1) generally. 
Prior to amendment, par. (1) read as follows: ``For the purpose of 
making construction grants under sections 640a to 640c-3 of this title, 
there are hereby authorized to be appropriated such sums as may be 
necessary for each of the fiscal years 1990, 1991, and 1992.''
    1990--Subsec. (a)(1). Pub. L. 101-477 substituted ``1990, 1991, and 
1992'' for ``1987, 1988, 1989, and 1990''.
    1988--Subsec. (b)(1). Pub. L. 100-297 amended par. (1) generally. 
Prior to amendment, par. (1) read as follows: ``There is further 
authorized to be appropriated for grants to the Navajo Community 
College, for each fiscal year beginning on or after October 1, 1979, an 
amount equal to the amount necessary for operation and maintenance of 
the college, including, but not limited to, administrative, academic, 
and operations and maintenance costs.''
    1986--Subsec. (a)(1). Pub. L. 99-428, Sec. 7(1), substituted ``each 
of the fiscal years 1987, 1988, 1989, and 1990'' for ``the fiscal year 
beginning October 1, 1984, and for the three succeeding fiscal years''.
    Subsec. (b)(1). Pub. L. 99-428, Sec. 7(2), substituted ``for each 
fiscal year'' for ``for any fiscal year''.
    1983--Subsec. (a)(1). Pub. L. 98-192 substituted ``October 1, 1984'' 
for ``October 1, 1979''.
    1980--Subsec. (a)(1). Pub. L. 96-374, Sec. 1351(a), substituted 
``three succeeding fiscal years'' for ``two succeeding fiscal years''.
    Subsec. (b)(1). Pub. L. 96-374, Sec. 1351(b), added par. (1). Former 
par. (1), which authorized an appropriation for the Navajo Community 
College of $4,000 for each full-time equivalent student which the 
Secretary estimated would be in attendance during the year, was struck 
out.
    Subsec. (b)(2), (3). Pub. L. 96-374, Sec. 1351(b), redesignated par. 
(3) as (2). Former par. (2), which placed an upper limit on grants under 
this subsection, was struck out.


                    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.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2 
of Pub. L. 102-325, set out as a note under section 1001 of Title 20, 
Education.


                    Effective Date of 1988 Amendment

    For effective date and applicability of amendment by Pub. L. 100-
297, see section 6303 of Pub. L. 100-297, set out as a note under 
section 1071 of Title 20, Education.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-374 effective Oct. 1, 1980, see section 
1393(a) of Pub. L. 96-374, set out as a note under section 1001 of Title 
20, Education.


                  Fiscal Year Beginning October 1, 1978

    Section 203(b) of Pub. L. 95-471 provided that nothing in title II 
of Pub. L. 95-471, the Navajo Community College Assistance Act of 1978, 
shall be deemed to authorize appropriations for the fiscal year 
beginning Oct. 1, 1978.


                               Definitions

    The definitions in section 1801 of this title apply to this section.

                  Section Referred to in Other Sections

    This section is referred to in sections 13d-2, 640a, 640c-2, 640c-3, 
1812, 1851 of this title; title 20 sections 1085, 2327, 3489.



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