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§ 1801. —  Definitions.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 25USC1801]

 
                            TITLE 25--INDIANS
 
    CHAPTER 20--TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE
 
Sec. 1801. Definitions

    (a) For purposes of this chapter, the term--
        (1) ``Indian'' means a person who is a member of an Indian 
    tribe;
        (2) ``Indian tribe'' means any Indian tribe, band, nation, or 
    other organized group or community, including any Alaskan Native 
    village or regional or village corporation as defined in or 
    established pursuant to the Alaskan Native Claims Settlement Act [43 
    U.S.C. 1601 et seq.], which is recognized as eligible for the 
    special programs and services provided by the United States to 
    Indians because of their status as Indians;
        (3) ``Secretary'', unless otherwise designated, means the 
    Secretary of the Interior;
        (4) ``tribally controlled college or university'' means an 
    institution of higher education which is formally controlled, or has 
    been formally sanctioned, or chartered, by the governing body of an 
    Indian tribe or tribes, except that no more than one such 
    institution shall be recognized with respect to any such tribe;
        (5) ``institution of higher education'' means an institution of 
    higher education as defined by section 1001 \1\ of title 20, except 
    that clause (2) of such section shall not be applicable and the 
    reference to Secretary in clause (5)(A) \2\ of such section shall be 
    deemed to refer to the Secretary of the Interior;
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    \1\ So in original. Probably should be section ``1001(a)''.
    \2\ So in original. Probably should be ``(5)''.
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        (6) ``national Indian organization'' means an organization which 
    the Secretary finds is nationally based, represents a substantial 
    Indian constituency, and has expertise in the field of Indian 
    education;
        (7) ``Indian student count'' means a number equal to the total 
    number of Indian students enrolled in each tribally controlled 
    college or university, determined in a manner consistent with 
    subsection (b) of this section on the basis of the quotient of the 
    sum of the credit hours of all Indian students so enrolled, divided 
    by twelve; and
        (8) ``satisfactory progress toward a degree or certificate'' has 
    the meaning given to such term by the institution at which the 
    student is enrolled.

    (b) The following conditions shall apply for the purpose of 
determining the Indian student count pursuant to paragraph (7) of 
subsection (a) of this section:
        (1) Such number shall be calculated on the basis of the 
    registrations of Indian students as in effect at the conclusion of 
    the third week of each academic term.
        (2) Credits earned in classes offered during a summer term shall 
    be counted toward the computation of the Indian student count in the 
    succeeding fall term.
        (3) Credits earned by any student who has not obtained a high 
    school degree or its equivalent shall be counted toward the 
    computation of the Indian student count if the institution at which 
    the student is in attendance has established criteria for the 
    admission of such student on the basis of the student's ability to 
    benefit from the education or training offered. The institution 
    shall be presumed to have established such criteria if the admission 
    procedures for such studies include counseling or testing that 
    measures the student's aptitude to successfully complete the course 
    in which the student has enrolled. No credits earned by such student 
    for purposes of obtaining a high school degree or its equivalent 
    shall be counted toward the computation of the Indian student count.
        (4) Indian students earning credits in any continuing education 
    program of a tribally controlled college or university shall be 
    included in determining the sum of all credit hours.
        (5) Credits earned in a continuing education program shall be 
    converted to a credit-hour basis in accordance with the tribally 
    controlled college or university's system for providing credit for 
    participation in such program.
        (6) No credit hours earned by an Indian student who is not 
    making satisfactory progress toward a degree or certificate shall be 
    taken into account.

(Pub. L. 95-471, Sec. 2, formerly Sec. 1, Oct. 17, 1978, 92 Stat. 1325; 
renumbered Sec. 2 and amended Pub. L. 98-192, Sec. 1, Dec. 1, 1983, 97 
Stat. 1335; Pub. L. 99-428, Sec. 3, Sept. 30, 1986, 100 Stat. 982; Pub. 
L. 105-244, title I, Sec. 102(a)(8)(B), title IX, Sec. 901(b)(5), (9), 
Oct. 7, 1998, 112 Stat. 1619, 1828.)

                       References in Text

    This chapter, referred to in subsec. (a), was in the original ``this 
Act'', meaning Pub. L. 95-471, Oct. 17, 1978, 92 Stat. 1325, as amended, 
known as the Tribally Controlled College or University Assistance Act of 
1978, which enacted this chapter and section 640c-1 of this title, 
amended section 640c of this title, and enacted provisions set out as 
notes under sections 640a, 640c-1, and 1801 of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
below and Tables.
    The Alaskan Native Claims Settlement Act, referred to in subsec. 
(a)(2), probably means the Alaska Native Claims Settlement Act, Pub. L. 
92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified 
generally to chapter 33 (Sec. 1601 et seq.) of Title 43, Public Lands. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 1601 of Title 43 and Tables.


                               Amendments

    1998--Subsec. (a)(4). Pub. L. 105-244, Sec. 901(b)(5), substituted 
``college or university'' for ``community college''.
    Subsec. (a)(5). Pub. L. 105-244, Sec. 102(a)(8)(B), substituted 
``section 1001'' for ``section 1141(a)''.
    Subsec. (a)(7). Pub. L. 105-244, Sec. 901(b)(5), substituted 
``college or university'' for ``community college''.
    Subsec. (b)(4). Pub. L. 105-244, Sec. 901(b)(5), substituted 
``college or university'' for ``community college''.
    Subsec. (b)(5). Pub. L. 105-244, Sec. 901(b)(9), substituted 
``college or university's'' for ``community college's''.
    1986--Subsec. (a)(8). Pub. L. 99-428, Sec. 3(a), added par. (8).
    Subsec. (b)(3) to (6). Pub. L. 99-428, Sec. 3(b), added par. (3), 
redesignated former pars. (3) to (5) as (4) to (6), respectively, and in 
par. (6) struck out ``, in accordance with the standards and practices 
of the appropriate accrediting agency or the institution at which the 
student is in attendance,'' after ``certificate''.
    1983--Subsec. (a). Pub. L. 98-192, Sec. 1(1), designated existing 
provisions as subsec. (a) and inserted introductory provision preceding 
par. (1).
    Subsec. (a)(1). Pub. L. 98-192, Sec. 1(2), struck out ``and is 
eligible to receive services from the Secretary of the Interior'' after 
``Indian tribe''.
    Subsec. (a)(5). Pub. L. 98-192, Sec. 1(3), inserted ``and the 
reference to Secretary in clause (5)(A) of such section shall be deemed 
to refer to the Secretary of the Interior''.
    Subsec. (a)(7). Pub. L. 98-192, Sec. 1(4), substituted provision 
defining ``Indian student count'' to mean a number equal to the total 
number of Indian students enrolled in each tribally controlled community 
college, determined as consistent with subsec. (b) of this section on 
the basis of the quotient of the sum of the credit hours of all Indians 
so enrolled, divided by twelve for provision defining ``full-time 
equivalent Indian student'' to mean the number of Indians enrolled full-
time and the full-time equivalent of the number of Indians enrolled 
part-time, determined on the basis of the quotient of the sum of the 
credit hours of all part-time students divided by twelve, calculated on 
the basis of registrations as in effect at the conclusion of the sixth 
week of an academic term.
    Subsec. (b). Pub. L. 98-192, Sec. 1(4), added subsec. (b).


                    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.


                      Short Title of 1990 Amendment

    Section 401 of title IV of Pub. L. 95-471, as added by Pub. L. 101-
392, title III, Sec. 312, Sept. 25, 1990, 104 Stat. 804, provided that: 
``This title [enacting subchapter III of this chapter] may be cited as 
the `Tribal Economic Development and Technology Related Education 
Assistance Act of 1990'.''


                      Short Title of 1986 Amendment

    Section 1 of Pub. L. 99-428 provided that: ``This Act [amending this 
section and sections 640c-1, 1808 to 1810, 1812, 1813, and 1836 of this 
title] may be cited as the `Tribally Controlled Community College 
Assistance Amendments of 1986'.''


                               Short Title

    Pub. L. 95-471, Sec. 1, Oct. 17, 1978, 92 Stat. 1325, as amended by 
Pub. L. 105-244, title IX, Sec. 901(b)(1), Oct. 7, 1998, 112 Stat. 1827, 
provided: ``That this Act [enacting this chapter and section 640c-1 of 
this title, amending section 640c of this title, and enacting provisions 
set out as notes under sections 640a and 640c-1 of this title] may be 
cited as the `Tribally Controlled College or University Assistance Act 
of 1978'.''


                    Additional Conforming Amendments

    Pub. L. 105-244, title IX, Sec. 901(c), Oct. 7, 1998, 112 Stat. 
1828, provided that:
    ``(1) Recommended legislation.--The Secretary of Education shall 
prepare and submit to Congress recommended legislation containing 
technical and conforming amendments to reflect the changes made by 
subsection (b) [see Tables for classification].
    ``(2) Submission to congress.--Not later than 6 months after the 
effective date of this title [see section 3 of Pub. L. 105-244, set out 
as an Effective Date of 1998 Amendment note under section 1001 of Title 
20, Education], the Secretary of Education shall submit the recommended 
legislation referred to under paragraph (1).''


 References to Tribally Controlled Community College Assistance Act of 
                                  1978

    Pub. L. 105-244, title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 
1828, provided that: ``Any reference to a section or other provision of 
the Tribally Controlled Community College Assistance Act of 1978 shall 
be deemed to be a reference to the Tribally Controlled College or 
University Assistance Act of 1978.''

                        Executive Order No. 13021

    Ex. Ord. No. 13021, Oct. 19, 1996, 61 F.R. 54929, as amended by Ex. 
Ord. No. 13104, Oct. 19, 1998, 63 F.R. 56535, which established the 
President's Board of Advisors on Tribal Colleges and Universities and 
the White House Initiative on Tribal Colleges and Universities in the 
Department of Education and required a Five-Year Federal Plan regarding 
tribal colleges and universities, was revoked by Ex. Ord. No. 13270, 
Sec. 10, July 3, 2002, 67 F.R. 45291, set out below.

          Ex. Ord. No. 13270. Tribal Colleges and Universities

    Ex. Ord. No. 13270, July 3, 2002, 67 F.R. 45288, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, it is hereby ordered as 
follows:
    Section 1. Policy. There is a unique relationship between the United 
States and Indian tribes, and a special relationship between the United 
States and Alaska Native entities. It is the policy of the Federal 
Government that this Nation's commitment to educational excellence and 
opportunity must extend as well to the tribal colleges and universities 
(tribal colleges) that serve Indian tribes and Alaska Native entities. 
The President's Board of Advisors on Tribal Colleges and Universities 
(the ``Board'') and the White House Initiative on Tribal Colleges and 
Universities (WHITCU) established by this order shall ensure that this 
national policy regarding tribal colleges is carried out with direct 
accountability at the highest levels of the Federal Government.
    Tribal colleges are both integral and essential to their 
communities. Often they are the only postsecondary institutions within 
some of our Nation's poorest rural areas. They fulfill a vital role: in 
maintaining and preserving irreplaceable languages and cultural 
traditions; in offering a high-quality college education to younger 
students; and in providing job training and other career-building 
programs to adults and senior citizens. Tribal colleges provide crucial 
services in communities that continue to suffer high rates of 
unemployment and the resulting social and economic distress.
    The Federal Government's commitment to tribal colleges is reaffirmed 
and the private sector can and should contribute to the colleges' 
educational and cultural missions.
    Finally, postsecondary institutions can play a vital role in 
promoting excellence in early childhood, elementary, and secondary 
education. The Federal Government will therefore work to implement the 
innovations and reforms of the No Child Left Behind Act of 2001 (Public 
Law 107-110) [see Short Title of 2002 Amendment note set out under 20 
U.S.C. 6301] in partnership with tribal colleges and their American 
Indian and Alaska Native communities.
    Sec. 2. Definition of Tribal Colleges and Universities. Tribal 
colleges are those institutions cited in section 532 of the Equity in 
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note), any other 
institution that qualifies for funding under the Tribally Controlled 
Community College Assistance Act of 1978 [now Tribally Controlled 
College or University Assistance Act of 1978] (25 U.S.C. 1801 et seq.), 
and Dine College, authorized in the Navajo Community College Assistance 
Act of 1978, Public Law 95-471, title II (25 U.S.C. 640a note).
    Sec. 3. Board of Advisors. (a) Establishment. There shall be 
established in the Department of Education a Presidential advisory 
committee entitled the President's Board of Advisors on Tribal Colleges 
and Universities (the ``Board'').
    (b) Membership. The Board shall consist of not more than 15 members 
who shall be appointed by the President, one of whom shall be designated 
by the President as Chair. The Board shall include representatives of 
tribal colleges and may also include representatives of the higher, 
early childhood, elementary, and secondary education communities; tribal 
officials; health, business, and financial institutions; private 
foundations; and such other persons as the President deems appropriate.
    (c) Functions. The Board shall provide advice regarding the progress 
made by Federal agencies toward fulfilling the purposes and objectives 
of this order. The Board also shall provide recommendations to the 
President, through the Secretary of Education (Secretary), on ways the 
Federal Government can help tribal colleges:
        (1) use long-term development, endowment building, and planning 
    to strengthen institutional viability;
        (2) improve financial management and security, obtain private-
    sector funding support, and expand and complement Federal education 
    initiatives;
        (3) develop institutional capacity through the use of new and 
    emerging technologies offered by both the Federal and private 
    sectors;
        (4) enhance physical infrastructure to facilitate more efficient 
    operation and effective recruitment and retention of students and 
    faculty; and
        (5) help implement the No Child Left Behind Act of 2001 [see 
    Short Title of 2002 Amendment note set out under 20 U.S.C. 6301] and 
    meet other high standards of educational achievement.
    (d) Meetings. The Board shall meet at least annually, at the request 
of the Secretary, to provide advice and consultation on tribal colleges 
and relevant Federal and private-sector activities, and to transmit 
reports and present recommendations.
    Sec. 4. White House Initiative on Tribal Colleges and Universities. 
There shall be established in the Department of Education, Office of the 
Secretary, the White House Initiative on Tribal Colleges and 
Universities (WHITCU). The WHITCU shall:
    (a) provide the staff support for the Board;
    (b) assist the Secretary in the role of liaison between the 
executive branch and tribal colleges; and
    (c) serve the Secretary in carrying out the Secretary's 
responsibilities under this order.
    Sec. 5. Department and Agency Participation. Each participating 
executive department and agency (agency), as determined by the 
Secretary, shall appoint a senior official who is a full-time officer of 
the Federal Government and who is responsible for management or program 
administration. The official shall report directly to the agency head, 
or to the agency head's designee, on agency activity under this order 
and serve as liaison to the WHITCU. To the extent permitted by law and 
regulation, each agency shall provide appropriate information as 
requested by the WHITCU staff pursuant to this order.
    Sec. 6. Three-Year Federal Plan. (a) Content. Each agency identified 
by the Secretary shall develop and implement a Three-Year Plan of the 
agency's efforts to fulfill the purposes of this order. These Three-Year 
Plans shall include annual performance indicators and appropriate 
measurable objectives for the agency. Among other relevant issues, the 
plans shall address how the agency intends to increase the capacity of 
tribal colleges to compete effectively for any available grants, 
contracts, cooperative agreements, and any other Federal resources, and 
to encourage tribal colleges to participate in Federal programs. The 
plans also may emphasize access to high-quality educational 
opportunities for economically disadvantaged Indian students, consistent 
with requirements of the No Child Left Behind Act of 2001 [see Short 
Title of 2002 Amendment note set out under 20 U.S.C. 6301]; the 
preservation and revitalization of tribal languages and cultural 
traditions; and innovative approaches to better link tribal colleges 
with early childhood, elementary, and secondary education programs. The 
agency's performance indicators and objectives should be clearly 
reflected in the agency's annual budget submission to the Office of 
Management and Budget. To facilitate the attainment of these performance 
indicators and objectives, the head of each agency identified by the 
Secretary, shall provide, as appropriate, technical assistance and 
information to tribal colleges regarding the program activities of the 
agency and the preparation of applications or proposals for grants, 
contracts, or cooperative agreements.
    (b) Submission. Each agency shall submit its Three-Year Plan to the 
WHITCU. In consultation with the Board, the WHITCU shall then review 
these Three-Year Plans and develop an integrated Three-Year Plan for 
Assistance to Tribal Colleges, which the Secretary shall review and 
submit to the President. Agencies may revise their Three-Year Plans 
within the three-year period.
    (c) Annual Performance Reports. Each agency shall submit to the 
WHITCU an Annual Performance Report that measures the agency's 
performance against the objectives set forth in its Three-Year Plan. In 
consultation with the Board, the WHITCU shall review and combine Annual 
Performance Reports into one annual report, which shall be submitted to 
the Secretary for review, in consultation with the Office of Management 
and Budget.
    Sec. 7. Private Sector. In cooperation with the Board, the WHITCU 
shall encourage the private sector to assist tribal colleges through 
increased use of such strategies as:
    (a) matching funds to support increased endowments;
    (b) developing expertise and more effective ways to manage finances, 
improve information systems, build facilities, and improve course 
offerings; and
    (c) increasing resources for and training of faculty.
    Sec. 8. Termination. The Board shall terminate 2 years after the 
date of this order unless the Board is renewed by the President prior to 
the end of that 2-year period.
    Sec. 9. Administration. (a) Compensation. Members of the Board shall 
serve without compensation, but shall be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by law for 
persons serving intermittently in Government service (5 U.S.C. 5701-
5707).
    (b) Funding. The Board and the WHITCU shall be funded by the 
Department of Education.
    (c) Administrative Support. The Department of Education shall 
provide appropriate administrative services and staff support for the 
Board and the WHITCU. With the consent of the Department of Education, 
other agencies participating in the WHITCU shall provide administrative 
support (including detailees) to the WHITCU consistent with statutory 
authority. The Board and the WHITCU each shall have a staff and shall be 
supported at appropriate levels commensurate with that of similar White 
House Initiative Offices.
    (d) General Provisions. Insofar as the Federal Advisory Committee 
Act, as amended (5 U.S.C. App.) (the ``Act''), may apply to the 
administration of any portion of this order, any functions of the 
President under the Act, except that of reporting to the Congress, shall 
be performed by the Secretary of Education in accordance with the 
guidelines issued by the Administrator of General Services.
    Sec. 10. Revocation. Executive Order 13021 of October 19, 1996, as 
amended, is revoked.
                                                         George W. Bush.

 Extension of Term of President's Board of Advisors on Tribal Colleges 
                            and Universities

    Term of President's Board of Advisors on Tribal Colleges and 
Universities extended until Sept. 30, 2001, by Ex. Ord. No. 13138, Sept. 
30, 1999, 64 F.R. 53879, formerly set out as a note under section 14 of 
the Federal Advisory Committee Act in the Appendix to Title 5, 
Government Organization and Employees.
    Term of President's Board of Advisors on Tribal Colleges and 
Universities extended until Sept. 30, 2003, by Ex. Ord. No. 13225, Sept. 
28, 2001, 66 F.R. 50291, set out as a note under section 14 of the 
Federal Advisory Committee Act in the Appendix to Title 5, Government 
Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in sections 1616f, 1616h, 1665j, 1808, 
3210 of this title; title 20 sections 80q-8, 1059c, 1068a, 1085, 1131-1, 
2302, 2327.



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