§ 1808. — Amount of grants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1808]
TITLE 25--INDIANS
CHAPTER 20--TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE
SUBCHAPTER I--TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT PROGRAM
Sec. 1808. Amount of grants
(a) Formula
Except as provided in section 1811 of this title, the Secretary
shall, subject to appropriations, grant for each academic year to each
tribally controlled college or university having an application approved
by him an amount equal to the product of--
(1) the Indian student count at such college or university
during the academic year preceding the academic year for which such
funds are being made available, as determined by the Secretary in
accordance with section 1801(a)(7) of this title; and
(2) $6,000,
except that no grant shall exceed the total cost of the education
program provided by such college or university.
(b) Advance installment payments; adjustments; methods of payment;
interest or investment income; types of investments
(1) The Secretary shall make payments, pursuant to grants under this
chapter, of not less than 95 percent of the funds available for
allotment by October 15 or no later than 14 days after appropriations
become available, with a payment equal to the remainder of any grant to
which a grantee is entitled to be made no later than January 1 of each
fiscal year.
(2) Notwithstanding any other provision of law, the Secretary shall
not, in disbursing funds provided under this subchapter, use any method
of payment which was not used during fiscal year 1987 in the
disbursement of funds provided under this subchapter.
(3)(A) Notwithstanding any provision of law other than subparagraph
(B), any interest or investment income that accrues on any funds
provided under this subchapter after such funds are paid to the tribally
controlled college or university and before such funds are expended for
the purpose for which such funds were provided under this subchapter
shall be the property of the tribally controlled college or university
and shall not be taken into account by any officer or employee of the
Federal Government in determining whether to provide assistance, or the
amount of assistance, to the tribally controlled college or university
under any provision of Federal law.
(B) All interest or investment income described in subparagraph (A)
shall be expended by the tribally controlled college or university by no
later than the close of the fiscal year succeeding the fiscal year in
which such interest or investment income accrues.
(4) Funds provided under this subchapter may only be invested by the
tribally controlled college or university in obligations of the United
States or in obligations or securities that are guaranteed or insured by
the United States.
(c) Accounting by recipient institutions; data collection system
(1) Each institution receiving payments under this subchapter shall
annually provide to the Secretary an accurate and detailed accounting of
its operating and maintenance expenses and such other information
concerning costs as the Secretary may request.
(2) The Secretary shall, in consultation with the National Center
for Education Statistics, establish a data collection system for the
purpose of obtaining accurate information with respect to the needs and
costs of operation and maintenance of tribally controlled colleges or
universities.
(d) Construction of section
Nothing in this section shall be construed as interfering with, or
suspending the obligation of the Bureau for, the implementation of all
legislative provisions enacted prior to April 28, 1988, specifically
including those of Public Law 98-192.
(Pub. L. 95-471, title I, Sec. 108, formerly Sec. 107, Oct. 17, 1978, 92
Stat. 1327; Pub. L. 97-375, title I, Sec. 108(c), Dec. 21, 1982, 96
Stat. 1820; renumbered Sec. 108 and amended Pub. L. 98-192,
Secs. 4(a)(1), 7, Dec. 1, 1983, 97 Stat. 1336, 1337; Pub. L. 99-428,
Sec. 4, Sept. 30, 1986, 100 Stat. 983; Pub. L. 100-297, title V,
Sec. 5402(a), Apr. 28, 1988, 102 Stat. 415; Pub. L. 100-427, Sec. 24,
Sept. 9, 1988, 102 Stat. 1613; Pub. L. 101-477, Sec. 1(a), Oct. 30,
1990, 104 Stat. 1152; Pub. L. 105-244, title IX, Sec. 901(a)(1), (b)(5)-
(7), Oct. 7, 1998, 112 Stat. 1827, 1828.)
References in Text
Public Law 98-192, referred to in subsec. (d), is Pub. L. 98-192,
Dec. 1, 1983, 97 Stat. 1335, which enacted sections 1804a and 1831 to
1836 of this title, amended sections 640c-1, 1801 to 1803, and 1805 to
1813 of this title, and enacted provisions set out as a note under
section 1815 of this title. For complete classification of Pub. L. 98-
192 to the Code, see Tables.
Amendments
1998--Subsec. (a). Pub. L. 105-244, Sec. 901(a)(1), (b)(5), (7),
substituted ``controlled college or university'' for ``controlled
community college'' in introductory provisions, ``such college or
university'' for ``such college'' in par. (1) and concluding provisions,
and ``$6,000'' for ``$5,820'' in par. (2).
Subsec. (b)(3), (4). Pub. L. 105-244, Sec. 901(b)(5), substituted
``college or university'' for ``community college'' wherever appearing.
Subsec. (c)(2). Pub. L. 105-244, Sec. 901(b)(6), substituted
``colleges or universities'' for ``community colleges''.
1990--Subsec. (a)(1). Pub. L. 101-477, Sec. 1(a)(1), amended par.
(1) generally. Prior to amendment, par. (1) read as follows: ``the
Indian student count at such college during such academic year, as
determined by the Secretary in accordance with section 1801(a)(7) of
this title; and''.
Subsec. (b)(1). Pub. L. 101-477, Sec. 1(a)(2), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``The Secretary
shall make payments, pursuant to grants under this subchapter, 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.''
Subsecs. (c), (d). Pub. L. 101-477, Sec. 1(a)(3), redesignated
subsec. (c), relating to construction of section, as (d).
1988--Subsec. (b). Pub. L. 100-297 designated existing provisions as
par. (1) and added pars. (2) to (4).
Subsec. (c). Pub. L. 100-427 added subsec. (c) relating to
construction of section.
1986--Subsec. (a)(2). Pub. L. 99-428 amended par. (2) generally.
Prior to amendment, par. (2) read as follows:
``(A) $4,000 for fiscal year 1984,
``(B) $5,025 for fiscal year 1985,
``(C) $5,415 for fiscal year 1986, and
``(D) $5,820 for fiscal year 1987,''.
1983--Subsec. (a). Pub. L. 98-192 amended subsec. (a) generally,
substituting provision establishing a formula premised on Indian student
count at each tribally controlled community college on which funding is
to be based for provision which directing the Secretary to grant an
amount equal to $4,000 for each full-time equivalent Indian student in
attendance during the academic year to each tribally controlled
community college having an application approved by the Secretary.
1982--Subsec. (c)(2). Pub. L. 97-375 struck out provision directing
Secretary to report annually to Congress on needs of tribally controlled
community colleges.
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 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.
Section Referred to in Other Sections
This section is referred to in sections 1805, 1809, 1811 of this
title.
