§ 1812. — Report on facilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1812]
TITLE 25--INDIANS
CHAPTER 20--TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE
SUBCHAPTER I--TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT PROGRAM
Sec. 1812. Report on facilities
(a) Study on condition of currently existing facilities; submission of
report; contents
The Secretary shall provide for the conduct of a study of facilities
available for use by tribally controlled colleges or universities. Such
study shall consider the condition of currently existing Bureau of
Indian Affairs facilities which are vacant or underutilized and shall
consider available alternatives for renovation, alteration, repair, and
reconstruction of such facilities (including renovation, alteration,
repair, and reconstruction necessary to bring such facilities into
compliance with local building codes). Such study shall also identify
the need for new construction. A report on the results of such study
shall be submitted to the Congress not later than eighteen months after
September 30, 1986. Such report shall also include an identification of
property--
(1) on which structurally sound buildings suitable for use as
educational facilities are located, and
(2) which is available for use by tribally controlled colleges
or universities under section 523 of title 40 and section 443a of
this title.
(b) Renovation program
The Secretary, in consultation with the Bureau of Indian Affairs,
shall initiate a program to conduct necessary renovations, alterations,
repairs, and reconstruction identified pursuant to subsection (a) of
this section.
(c) Determination and prioritization of construction and renovation
needs
(1) The Secretary shall enter into a contract with an organization
described in paragraph (2) to establish and provide on an annual basis
criteria for the determination and prioritization in a consistent and
equitable manner of the facilities construction and renovation needs of
colleges or universities that receive funding under this chapter or the
Navajo Community College Act [25 U.S.C. 640a et seq.].
(2) An organization described in this section is any organization
that--
(A) is eligible to receive a contract under the Indian Self-
Determination and Education Assistance Act [25 U.S.C. 450 et seq.];
and
(B) has demonstrated expertise in areas and issues dealing with
tribally controlled colleges or universities.
(3) The Secretary shall include the priority list established
pursuant to this subsection in the budget submitted annually to the
Congress.
(d) ``Reconstruction'' defined
For the purposes of this section, the term ``reconstruction'' has
the meaning provided in the first sentence of subparagraph (B) of
section 1132e-1(2) \1\ of title 20.
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\1\ See References in Text note below.
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(Pub. L. 95-471, title I, Sec. 112, formerly Sec. 111, Oct. 17, 1978, 92
Stat. 1328; renumbered Sec. 112 and amended Pub. L. 98-192,
Secs. 4(a)(1), 11, Dec. 1, 1983, 97 Stat. 1336, 1339; Pub. L. 99-428,
Sec. 6(a), Sept. 30, 1986, 100 Stat. 983; Pub. L. 101-392, title III,
Sec. 313, Sept. 25, 1990, 104 Stat. 805; Pub. L. 105-244, title IX,
Sec. 901(b)(6), (13), Oct. 7, 1998, 112 Stat. 1828.)
References in Text
The Navajo Community College Act, referred to in subsec. (c)(1), is
Pub. L. 92-189, Dec. 15, 1971, 85 Stat. 646, as amended, which is
classified to section 640a et seq. of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 640a of this title and Tables.
The Indian Self-Determination and Education Assistance Act, referred
to in subsec. (c)(2)(A), 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.
Section 1132e-1 of title 20, referred to in subsec. (d), was omitted
in the general revision of subchapter VII (Sec. 1132a et seq.) of
chapter 28 of Title 20, Education, by Pub. L. 99-498, title VII,
Sec. 701, Oct. 17, 1986, 100 Stat. 1520. See section 1132i-1 of Title
20.
Codification
``Section 523 of title 40'' substituted in subsec. (a)(2) for
``section 202(a)(2) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 483(a)(2))'' on authority of Pub. L. 107-217,
Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which
enacted Title 40, Public Buildings, Property, and Works.
Amendments
1998--Subsec. (a). Pub. L. 105-244, Sec. 901(b)(6), substituted
``colleges or universities'' for ``community colleges'' in introductory
provisions and par. (2).
Subsec. (c)(1). Pub. L. 105-244, Sec. 901(b)(13), substituted
``colleges or universities'' for ``colleges''.
Subsec. (c)(2)(B). Pub. L. 105-244, Sec. 901(b)(6), substituted
``colleges or universities'' for ``community colleges''.
1990--Subsecs. (c), (d). Pub. L. 101-392 added subsec. (c) and
redesignated former subsec. (c) as (d).
1986--Subsec. (a). Pub. L. 99-428, Sec. 6(a), substituted
``Secretary'' for ``Administrator of General Services'' and ``September
30, 1986'' for ``December 1, 1983''.
Subsec. (b). Pub. L. 99-428, Sec. 6(a)(1), substituted ``Secretary''
for ``Administrator of General Services''.
1983--Pub. L. 98-192 amended section generally, substituting
provision requiring a study on the condition of currently existing
facilities, submission of a report on the study, contents of the report,
establishment of a renovation program, and defining term
``reconstruction'' for provision which required the Secretary of the
Interior, not later than ninety days after Oct. 17, 1978, to prepare and
submit a report to the Congress containing a survey of existing and
planned physical facilities 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 1990 Amendment
Amendment by Pub. L. 101-392 effective July 1, 1991, see section
702(a) of Pub. L. 101-392, set out as an Effective Date note under
section 3423a of Title 20, Education.
Section Referred to in Other Sections
This section is referred to in sections 1810, 1813 of this title.
