20 U.S.C. § 1059c — American Indian tribally controlled col-

Page 278 TITLE 20—EDUCATION § 1059 Pub. L. 99–498, see section 27 of Pub. L. 100–50, set out as a note under section 1001 of this title. § 1059. Duration of grant (a) Award period The Secretary may award a grant to an eligi- ble institution under this part for 5 years. (b) Limitations In awarding grants under this part the Sec- retary shall give priority to applicants who are not already receiving a grant under this part, except that for the purpose of this subsection a grant under subsection (c) and a grant under section 1068c(a)(1) of this title shall not be con- sidered a grant under this part. (c) Planning grants Notwithstanding subsection (a), the Secretary may award a grant to an eligible institution under this part for a period of one year for the purpose of preparation of plans and applications for a grant under this part. (d) Wait-out-period Each eligible institution that received a grant under this part for a 5-year period shall not be eligible to receive an additional grant under this part until 2 years after the date on which the 5- year grant period terminates. (Pub. L. 89–329, title III, § 313, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1294; amended Pub. L. 102–325, title III, § 302(c), July 23, 1992, 106 Stat. 472; Pub. L. 103–208, § 2(a)(6), Dec. 20, 1993, 107 Stat. 2457; Pub. L. 105–244, title III, §§ 301(c)(3), 303(c), Oct. 7, 1998, 112 Stat. 1637, 1639.) Editorial Notes PRIOR PROVISIONS A prior section 1059, Pub. L. 89–329, title III, § 313, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1392, provided for duration of grants under this part, prior to the general revision of this subchapter by Pub. L. 99–498. AMENDMENTS 1998—Subsec. (b). Pub. L. 105–244, § 303(c)(1), inserted ‘‘subsection (c) and a grant under’’ after ‘‘this sub- section a grant under’’. Pub. L. 105–244, § 301(c)(3), substituted ‘‘section 1068c(a)(1)’’ for ‘‘section 1069(a)(1)’’. Subsec. (d). Pub. L. 105–244, § 303(c)(2), added subsec. (d). 1993—Subsec. (b). Pub. L. 103–208 inserted before pe- riod at end ‘‘, except that for the purpose of this sub- section a grant under section 1069(a)(1) of this title shall not be considered a grant under this part’’. 1992—Subsecs. (a), (b). Pub. L. 102–325 amended sub- secs. (a) and (b) generally, substituting present provi- sions for provisions which related: in subsec. (a), to the awarding of grants for not to exceed 3, 4, or 5 years; and in subsec. (b), to waiting periods for awarding of subse- quent grants. Statutory Notes and Related Subsidiaries 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 sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–325 effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as a note under section 1001 of this title. § 1059a. Applications Each eligible institution desiring to receive assistance under this part shall submit an appli- cation in accordance with the requirements of section 1068 of this title. (Pub. L. 89–329, title III, § 314, as added Pub. L. 105–244, title III, § 303(d), Oct. 7, 1998, 112 Stat. 1639.) Editorial Notes PRIOR PROVISIONS A prior section 1059a, Pub. L. 89–329, title III, § 314, as added Pub. L. 100–50, § 2(b), June 3, 1987, 101 Stat. 336, re- lated to application review process, prior to repeal by Pub. L. 105–244, § 3, title III, § 303(d), Oct. 7, 1998, 112 Stat. 1585, 1639, effective Oct. 1, 1998. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1998, except as otherwise pro- vided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title. § 1059b. Goals for financial management and aca- demic program (a) Goals Any application for a grant under this part shall describe measurable goals for the institu- tion’s financial management and academic pro- grams, and include a plan of how the applicant intends to achieve those goals. (b) Continuation requirements Any continuation application shall dem- onstrate the progress made toward achievement of the goals described pursuant to subsection (a). (Pub. L. 89–329, title III, § 315, as added Pub. L. 102–325, title III, § 302(d)(1), July 23, 1992, 106 Stat. 472.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as an Effective Date of 1992 Amendment note under section 1001 of this title. § 1059c. American Indian tribally controlled col- leges and universities (a) Program authorized The Secretary shall provide grants and related assistance to Tribal Colleges and Universities to enable such institutions to improve and expand their capacity to serve Indian students. (b) Definitions In this section: (1) Indian The term ‘‘Indian’’ has the meaning given the term in section 2 of the Tribally Con- Page 279 TITLE 20—EDUCATION § 1059c 1 See References in Text note below. trolled Colleges and Universities Assistance Act of 1978 [25 U.S.C. 1801]. (2) Indian tribe The term ‘‘Indian tribe’’ has the meaning given the term in section 2 of the Tribally Controlled Colleges and Universities Assist- ance Act of 1978 [25 U.S.C. 1801]. (3) Tribal College or University The term ‘‘Tribal College or University’’ means an institution that— (A) qualifies for funding under the Tribally Controlled Colleges and Universities Assist- ance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College Act (25 U.S.C. 640a note); 1 or (B) is cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note). (4) Institution of higher education The term ‘‘institution of higher education’’ means an institution of higher education as defined in section 1001(a) of this title, except that paragraph (2) of such section shall not apply. (c) Authorized activities (1) In general Grants awarded under this section shall be used by Tribal Colleges or Universities to as- sist such institutions to plan, develop, under- take, and carry out activities to improve and expand such institutions’ capacity to serve In- dian students. (2) Examples of authorized activities The activities described in paragraph (1) may include— (A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and re- search purposes; (B) construction, maintenance, renova- tion, and improvement in classrooms, librar- ies, laboratories, and other instructional fa- cilities, including purchase or rental of tele- communications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities; (C) support of faculty exchanges, faculty development, and faculty fellowships to as- sist in attaining advanced degrees in the fac- ulty’s field of instruction or in tribal gov- ernance or tribal public policy; (D) academic instruction in disciplines in which Indians are underrepresented and in- struction in tribal governance or tribal pub- lic policy; (E) purchase of library books, periodicals, and other educational materials, including telecommunications program material; (F) tutoring, counseling, and student serv- ice programs designed to improve academic success; (G) education or counseling services de- signed to improve the financial literacy and economic literacy of students or the stu- dents’ families; (H) funds management, administrative management, and acquisition of equipment for use in strengthening funds management; (I) joint use of facilities, such as labora- tories and libraries; (J) establishing or improving a develop- ment office to strengthen or improve con- tributions from alumni and the private sec- tor; (K) establishing or enhancing a program of teacher education designed to qualify stu- dents to teach in elementary schools or sec- ondary schools, with a particular emphasis on teaching Indian children and youth, that shall include, as part of such program, prep- aration for teacher certification; (L) establishing community outreach pro- grams that encourage Indian elementary school and secondary school students to de- velop the academic skills and the interest to pursue postsecondary education; (M) developing or improving facilities for Internet use or other distance education technologies; and (N) other activities proposed in the appli- cation submitted pursuant to subsection (d) that— (i) contribute to carrying out the activi- ties described in subparagraphs (A) through (M); and (ii) are approved by the Secretary as part of the review and acceptance of such application. (3) Endowment fund (A) In general A Tribal College or University may use not more than 20 percent of the grant funds pro- vided under this section to establish or in- crease an endowment fund at the institu- tion. (B) Matching requirement In order to be eligible to use grant funds in accordance with subparagraph (A), the Trib- al College or University shall provide match- ing funds, in an amount equal to the Federal funds used in accordance with subparagraph (A), for the establishment or increase of the endowment fund. (C) Comparability The provisions of part C regarding the es- tablishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this paragraph, shall apply to funds used under subparagraph (A). (d) Application, plan, and allocation (1) Institutional eligibility To be eligible to receive assistance under this section, a Tribal College or University shall be an eligible institution under section 1058(b) of this title. (2) Application (A) In general A Tribal College or University desiring to receive assistance under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may rea- sonably require. Page 280 TITLE 20—EDUCATION § 1059c 2 So in original. Probably should be followed by a third closing parenthesis. (B) Streamlined process The Secretary shall establish application requirements in such a manner as to sim- plify and streamline the process for applying for grants under this section. (3) Awards and allocations to institutions (A) Construction grants (i) In general Of the amount appropriated to carry out this section for any fiscal year, the Sec- retary may reserve 30 percent for the pur- pose of awarding one-year grants of not less than $1,000,000 to address construction, maintenance, and renovation needs at eli- gible institutions. (ii) Preference In providing grants under clause (i) for any fiscal year, the Secretary shall give preference to eligible institutions that have not received an award under this sec- tion for a previous fiscal year. (B) Allotment of remaining funds (i) In general Except as provided in clause (ii), the Sec- retary shall distribute the remaining funds appropriated for any fiscal year to each el- igible institution as follows: (I) 60 percent of the remaining appro- priated funds shall be distributed among the eligible Tribal Colleges and Univer- sities on a pro rata basis, based on the respective Indian student counts (as de- fined in section 2(a) of the Tribally Con- trolled Colleges and Universities Assist- ance Act of 1978 (25 U.S.C. 1801(a)) 2 of the Tribal Colleges and Universities. (II) The remaining 40 percent shall be distributed in equal shares to the eligi- ble Tribal Colleges and Universities. (ii) Minimum grant The amount distributed to a Tribal Col- lege or University under clause (i) shall not be less than $500,000. (4) Special rules (A) Concurrent funding No Tribal College or University that re- ceives funds under this section shall concur- rently receive funds under any other provi- sion of this part, part B, or part A of sub- chapter V. (B) Exemption Section 1059(d) of this title shall not apply to institutions that are eligible to receive funds under this section. (Pub. L. 89–329, title III, § 316, as added Pub. L. 102–325, title III, § 302(d)(1), July 23, 1992, 106 Stat. 473; amended Pub. L. 103–208, § 2(a)(7), Dec. 20, 1993, 107 Stat. 2457; Pub. L. 105–244, title III, § 303(e), Oct. 7, 1998, 112 Stat. 1639; Pub. L. 106–211, § 1(a), (b)(1), May 26, 2000, 114 Stat. 330; Pub. L. 110–315, title III, § 303, Aug. 14, 2008, 122 Stat. 3167; Pub. L. 111–39, title III, § 301(1), July 1, 2009, 123 Stat. 1936.) Editorial Notes REFERENCES IN TEXT The Tribally Controlled Colleges and Universities As- sistance Act of 1978, referred to in subsec. (b)(3)(A), is Pub. L. 95–471, Oct. 17, 1978, 92 Stat. 1325, which is clas- sified principally to chapter 20 (§ 1801 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 25 and Tables. The Navajo Community College Act, referred to in subsec. (b)(3)(A), is Pub. L. 92–189, Dec. 15, 1971, 85 Stat. 646, which was classified to section 640a et seq. of Title 25, Indians, and was omitted from the Code as being of special and not general application. Section 532 of the Equity in Educational Land-Grant Status Act of 1994, referred to in subsec. (b)(3)(B), is section 532 of Pub. L. 103–382, which is set out in a note under section 301 of Title 7, Agriculture. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–39, § 301(1)(A), sub- stituted ‘‘Tribal’’ for ‘‘Indian Tribal’’. Subsec. (b)(1), (2). Pub. L. 111–39, § 301(1)(B)(i), (ii), substituted ‘‘the Tribally Controlled Colleges and Uni- versities Assistance Act of 1978’’ for ‘‘the Tribally Con- trolled College or University Assistance Act of 1978’’. Subsec. (b)(3)(A). Pub. L. 111–39, § 301(1)(B)(iii), sub- stituted ‘‘the Navajo Community College Act’’ for ‘‘the Navajo Community College Assistance Act of 1978’’. 2008—Subsec. (b)(3). Pub. L. 110–315, § 303(1), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘The term ‘Tribal College or Uni- versity’ has the meaning give the term ‘tribally con- trolled college or university’ in section 1801 of title 25, and includes an institution listed in the Equity in Edu- cational Land Grant Status Act of 1994. Subsec. (c)(2)(B). Pub. L. 110–315, § 303(2)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: ‘‘construction, maintenance, renova- tion, and improvement in classrooms, libraries, labora- tories, and other instructional facilities, including pur- chase or rental of telecommunications technology equipment or services;’’. Subsec. (c)(2)(C). Pub. L. 110–315, § 303(2)(B), inserted ‘‘or in tribal governance or tribal public policy’’ before semicolon at end. Subsec. (c)(2)(D). Pub. L. 110–315, § 303(2)(C), inserted ‘‘and instruction in tribal governance or tribal public policy’’ before semicolon at end. Subsec. (c)(2)(G) to (N). Pub. L. 110–315, § 303(2)(D)–(H), added subpars. (G) and (M), redesignated former sub- pars. (G), (H), (I), (J), (K), and (L) as subpars. (H), (I), (J), (K), (L), and (N), respectively, and in subpar. (N)(i) substituted ‘‘subparagraphs (A) through (M)’’ for ‘‘sub- paragraphs (A) through (K)’’. Subsec. (d). Pub. L. 110–315, § 303(3), added subsec. (d) and struck out former subsec. (d) which related to the application process for assistance under this section. 2000—Subsec. (d)(2). Pub. L. 106–211, § 1(a), inserted after first sentence ‘‘The Secretary shall, to the extent possible, prescribe a simplified and streamlined format for such applications that takes into account the lim- ited number of institutions that are eligible for assist- ance under this section.’’ Subsec. (d)(3). Pub. L. 106–211, § 1(b)(1), added par. (3) and struck out heading and text of former par. (3). Text read as follows: ‘‘For the purposes of this part, no Trib- al College or University that is eligible for and receives funds under this section may concurrently receive other funds under this part or part B of this sub- chapter.’’ 1998—Pub. L. 105–244 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (e) authorizing grants and related assist- ance to Hispanic-serving institutions to enable such in- stitutions to improve and expand their capacity to serve Hispanic and other low-income students. 1993—Subsec. (c). Pub. L. 103–208 substituted ‘‘(2) EX- AMPLES OF AUTHORIZED ACTIVITIES.—Such programs may include—’’ for ‘‘Such programs may include—’’. Page 281 TITLE 20—EDUCATION § 1059d Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–211, § 1(c), May 26, 2000, 114 Stat. 331, pro- vided that: ‘‘The amendments made by this Act [amending this section and section 1059d of this title] shall be effective on the date of the enactment of this Act [May 26, 2000].’’ 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 sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title. EFFECTIVE DATE Section effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as an Effective Date of 1992 Amendment note under section 1001 of this title. § 1059d. Alaska Native and Native Hawaiian-serv- ing institutions (a) Program authorized The Secretary shall provide grants and related assistance to Alaska Native-serving institutions and Native Hawaiian-serving institutions to en- able such institutions to improve and expand their capacity to serve Alaska Natives and Na- tive Hawaiians. (b) Definitions For the purpose of this section— (1) the term ‘‘Alaska Native’’ has the mean- ing given the term in section 7546 of this title; (2) the term ‘‘Alaska Native-serving institu- tion’’ means an institution of higher edu- cation that— (A) is an eligible institution under section 1058(b) of this title; and (B) at the time of application, has an en- rollment of undergraduate students that is at least 20 percent Alaska Native students; (3) the term ‘‘Native Hawaiian’’ has the meaning given the term in section 7517 of this title; and (4) the term ‘‘Native Hawaiian-serving insti- tution’’ means an institution of higher edu- cation which— (A) is an eligible institution under section 1058(b) of this title; and (B) at the time of application, has an en- rollment of undergraduate students that is at least 10 percent Native Hawaiian stu- dents. (c) Authorized activities (1) Types of activities authorized Grants awarded under this section shall be used by Alaska Native-serving institutions and Native Hawaiian-serving institutions to assist such institutions to plan, develop, un- dertake, and carry out activities to improve and expand such institutions’ capacity to serve Alaska Natives or Native Hawaiians. (2) Examples of authorized activities Such programs may include— (A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and re- search purposes; (B) renovation and improvement in class- room, library, laboratory, and other instruc- tional facilities; (C) support of faculty exchanges, and fac- ulty development and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction; (D) curriculum development and academic instruction; (E) purchase of library books, periodicals, microfilm, and other educational materials; (F) funds and administrative management, and acquisition of equipment for use in strengthening funds management; (G) joint use of facilities such as labora- tories and libraries; (H) academic tutoring and counseling pro- grams and student support services; and (I) education or counseling services de- signed to improve the financial literacy and economic literacy of students or the stu- dents’ families. (d) Application process (1) Institutional eligibility Each Alaska Native-serving institution and Native Hawaiian-serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is an Alaska Native-serving insti- tution or a Native Hawaiian-serving institu- tion as defined in subsection (b), along with such other information and data as the Sec- retary may by regulation require. (2) Applications Any institution which is determined by the Secretary to be an Alaska Native-serving in- stitution or a Native Hawaiian-serving insti- tution may submit an application for assist- ance under this section to the Secretary. The Secretary shall, to the extent possible, pre- scribe a simplified and streamlined format for such applications that takes into account the limited number of institutions that are eligi- ble for assistance under this section. Such ap- plication shall include— (A) a 5-year plan for improving the assist- ance provided by the Alaska Native-serving institution or the Native Hawaiian-serving institution to Alaska Native or Native Ha- waiian students; and (B) such other information and assurance as the Secretary may require. (3) Special rules (A) Eligibility No Alaskan Native-serving institution or Native Hawaiian-serving institution that re- ceives funds under this section shall concur-