§ 1813. — Construction of new 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: 25USC1813]
TITLE 25--INDIANS
CHAPTER 20--TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE
SUBCHAPTER I--TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT PROGRAM
Sec. 1813. Construction of new facilities
(a) Grants
With respect to any tribally controlled college or university for
which the report of the Secretary under section 1812(a) of this title
identifies a need for new construction, the Secretary shall, subject to
appropriations and on the basis of an application submitted in
accordance with such requirements as the Secretary may prescribe by
regulation, provide grants for such construction in accordance with this
section.
(b) Eligibility requirements
In order to be eligible for a grant under this section, a tribally
controlled college or university--
(1) must be a current recipient of grants under section 1805 or
1807 of this title, and
(2) must be accredited by a nationally recognized accrediting
agency listed by the Secretary of Education pursuant to the last
sentence of section 1001 of title 20, except that such requirement
may be waived if the Secretary determines that there is a reasonable
expectation that such college or university will be fully accredited
within eighteen months. In any case where such a waiver is granted,
grants under this section shall be available only for planning and
development of proposals for construction.
(c) Maximum amount of grant; waiver of restriction
(1) Except as provided in paragraph (2), grants for construction
under this section shall not exceed 80 per centum of the cost of such
construction, except that no tribally controlled college or university
shall be required to expend more than $400,000 in fulfillment of the
remaining 20 per centum. For the purpose of providing its required
portion of the cost of such construction, a tribally controlled college
or university may use funds provided under section 13 of this title.
(2) The Secretary may waive, in whole or in part, the requirements
of paragraph (1) in the case of any tribally controlled college or
university which demonstrates that neither such college or university
nor the tribal government with which it is affiliated have sufficient
resources to comply with such requirements. The Secretary shall base a
decision on whether to grant such a waiver solely on the basis of the
following factors: (A) tribal population; (B) potential student
population; (C) the rate of unemployment among tribal members; (D)
tribal financial resources; and (E) other factors alleged by the college
or university to have a bearing on the availability of resources for
compliance with the requirements of paragraph (1) and which may include
the educational attainment of tribal members.
(d) Failure to use facility in approved manner; title to vest in United
States; settlement
If, within twenty years after completion of construction of a
facility which has been constructed in whole or in part with a grant
made available under this section--
(1) the facility ceases to be used by the applicant in a public
or nonprofit capacity as an academic facility, unless the Secretary
determines that there is good cause for releasing the institution
from this obligation, and
(2) the tribe with which the applicant is affiliated fails to
use the facility for a public purpose approved by the tribal
government in furtherance of the general welfare of the community
served by the tribal government,
title to the facility shall vest in the United States and the applicant
(or such tribe if such tribe is the successor in title to the facility)
shall be entitled to recover from the United States an amount which
bears the same ratio to the present value of the facility as the amount
of the applicant's contribution (excluding any funds provided under
section 13 of this title) bore to the original cost of the facility.
Such value shall be determined by agreement of the parties or by action
brought in the United States district court for the district in which
such facility is located.
(e) Religious use
No construction assisted with funds under this section shall be used
for religious worship or a sectarian activity or for a school or
department of divinity.
(f) ``Construction'' and ``academic facilities'' defined
For the purposes of this section--
(1) the term ``construction'' includes reconstruction or
renovation (as such terms are defined in the first sentence of
subparagraph (B) of section 1132e-1(2) \1\ of title 20); and
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\1\ See References in Text note below.
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(2) the term ``academic facilities'' has the meaning provided
such term under section 1132e-1(1) \1\ of title 20.
(Pub. L. 95-471, title I, Sec. 113, formerly Sec. 112, Oct. 17, 1978, 92
Stat. 1329; renumbered Sec. 113 and amended Pub. L. 98-192,
Secs. 4(a)(1), 12, Dec. 1, 1983, 97 Stat. 1336, 1340; Pub. L. 99-428,
Sec. 6(b), Sept. 30, 1986, 100 Stat. 983; Pub. L. 105-244, title I,
Sec. 102(a)(8)(C), title IX, Sec. 901(b)(5), (7), (12), Oct. 7, 1998,
112 Stat. 1619, 1828.)
References in Text
Section 1132e-1 of title 20, referred to in subsec. (f), 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.
Amendments
1998--Subsec. (a). Pub. L. 105-244, Sec. 901(b)(5), substituted
``college or university'' for ``community college''.
Subsec. (b). Pub. L. 105-244, Sec. 901(b)(5), substituted ``college
or university'' for ``community college'' in introductory provisions.
Subsec. (b)(2). Pub. L. 105-244, Secs. 102(a)(8)(C), 901(b)(7),
substituted ``section 1001'' for ``section 1141(a)'' and ``such college
or university'' for ``such college''.
Subsec. (c)(1). Pub. L. 105-244, Sec. 901(b)(5), substituted
``college or university'' for ``community college'' in two places.
Subsec. (c)(2). Pub. L. 105-244, Sec. 901(b)(5), (7), (12), in
introductory provisions, substituted ``controlled college or
university'' for ``controlled community college'' and ``such college or
university'' for ``such college'' and, in subpar. (E), substituted ``the
college or university'' for ``the college''.
1986--Subsec. (a). Pub. L. 99-428 substituted ``Secretary under''
for ``Administrator of General Services under''.
1983--Pub. L. 98-192 amended section generally, substituting
provision authorizing grants for construction of new facilities,
establishing eligibility requirements for grants, maximum amounts of
grants, waiver of amount restriction, results of failure to use
facilities in an approved manner, and prohibition of religious use of
such facilities, and defining ``construction'' and ``academic
facilities'' for provision requiring Secretary of the Interior to
conduct a detailed survey and study of academic facilities needs of
tribally controlled community colleges and report to Congress not later
than Nov. 1, 1979, the results of such survey and study.
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.
Section Referred to in Other Sections
This section is referred to in section 1810 of this title.
