§ 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.