§ 1809. — Effect on other programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1809]
TITLE 25--INDIANS
CHAPTER 20--TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE
SUBCHAPTER I--TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT PROGRAM
Sec. 1809. Effect on other programs
(a) Eligibility for assistance
Except as specifically provided in this subchapter, eligibility for
assistance under this subchapter shall not, by itself, preclude the
eligibility of any tribally controlled college or university to receive
Federal financial assistance under any program authorized under the
Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] or any other
applicable program for the benefit of institutions of higher education,
community colleges, or postsecondary educational institutions.
(b) Allocations from Bureau of Indian Affairs
(1) The amount of any grant for which tribally controlled colleges
or universities are eligible under section 1808 of this title shall not
be altered because of funds allocated to any such colleges or
universities from funds appropriated under section 13 of this title.
(2) No tribally controlled college or university shall be denied
funds appropriated under section 13 of this title because of the funds
it receives under this chapter.
(3) No tribally controlled college or university for which a tribe
has designated a portion of the funds appropriated for the tribe from
funds appropriated under section 13 of this title may be denied a
contract for such portion under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) (except as provided in
that Act), or denied appropriate contract support to administer such
portion of the appropriated funds.
(c) \1\ Assistance deemed to be basic educational opportunity grant
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\1\ So in original. Two subsecs. (c) have been enacted.
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For the purposes of sections 312(2)(A)(i) and 322(a)(2)(A)(i) of the
Higher Education Act of 1965 [20 U.S.C. 1058(2)(A)(i),
1061(a)(2)(A)(i)],\2\ any Indian student who receives a student
assistance grant from the Bureau of Indian Affairs for postsecondary
education shall be deemed to have received such assistance under subpart
1 of part A of title IV of such Act [20 U.S.C. 1070a].
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\2\ See References in Text note below.
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(c) \1\ Treatment of funds under certain Federal laws
Notwithstanding any other provision of law, funds provided under
this subchapter to the tribally controlled college or university may be
treated as non-Federal, private funds of the college or university for
purposes of any provision of Federal law which requires that non-Federal
or private funds of the college or university be used in a project or
for a specific purpose.
(Pub. L. 95-471, title I, Sec. 109, formerly Sec. 108, Oct. 17, 1978, 92
Stat. 1328; renumbered Sec. 109 and amended Pub. L. 98-192,
Secs. 4(a)(1), 8, Dec. 1, 1983, 97 Stat. 1336, 1337; Pub. L. 99-428,
Sec. 5, Sept. 30, 1986, 100 Stat. 983; Pub. L. 100-297, title V,
Sec. 5403(a), Apr. 28, 1988, 102 Stat. 416; Pub. L. 105-244, title IX,
Sec. 901(b)(5), (6), (8), (10), (12), (e), Oct. 7, 1998, 112 Stat. 1828,
1829.)
References in Text
The Higher Education Act of 1965, referred to in subsecs. (a) and
(c), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which
is classified principally to chapter 28 (Sec. 1001 et seq.) of Title 20,
Education. Sections 312 and 322 of the Higher Education Act of 1965,
which were classified to sections 1058 and 1061, respectively, of Title
20, were omitted in the general revision of title III of the Higher
Education Act of 1965 by Pub. L. 99-498, title III, Sec. 301(a), Oct.
17, 1986, 100 Stat. 1290, which enacted new sections 312 and 322 which
are classified to sections 1058 and 1061, respectively, of Title 20.
Subpart 1 of part A of title IV of the Higher Education Act of 1965 is
classified generally to subpart 1 (Sec. 1070a et seq.) of part A of
subchapter IV of chapter 28 of Title 20. For complete classification of
this Act to the Code, see Short Title note set out under section 1001 of
Title 20 and Tables.
The Indian Self-Determination and Education Assistance Act, referred
to in subsec. (b)(3), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as
amended, which is classified principally to subchapter II (Sec. 450 et
seq.) of chapter 14 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 450 of this
title and Tables.
Amendments
1998--Subsec. (a). Pub. L. 105-244, Sec. 901(b)(10), inserted ``or
university'' after ``tribally controlled college''.
Subsec. (b)(1). Pub. L. 105-244, Sec. 901(b)(6), (8), substituted
``controlled colleges or universities'' for ``controlled community
colleges'' and ``such colleges or universities'' for ``such colleges''.
Subsec. (b)(2), (3). Pub. L. 105-244, Sec. 901(b)(5), substituted
``college or university'' for ``community college''.
Subsec. (c). Pub. L. 105-244, Sec. 901(e), redesignated subsec. (d),
relating to treatment of funds under certain Federal laws, as (c).
Subsec. (d). Pub. L. 105-244, Sec. 901(e), redesignated subsec. (d),
relating to treatment of funds under certain Federal laws, as (c).
Pub. L. 105-244, Sec. 901(b)(5), (12), substituted ``controlled
college or university'' for ``controlled community college'' and
substituted ``the college or university'' for ``the college'' in two
places.
1988--Subsec. (d). Pub. L. 100-297 added subsec. (d).
1986--Subsec. (b)(3). Pub. L. 99-428 added par. (3).
1983--Pub. L. 98-192, Sec. 8, designated existing provision as
subsec. (a) and added subsecs. (b) and (c).
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.
