25 U.S.C. § 1801 — Definitions

Page 371 TITLE 25—INDIANS § 1801 1 So in original. Probably should be section ‘‘1001(a)’’. 2 So in original. Probably should be ‘‘(5)’’. § 1780m. Omitted Editorial Notes CODIFICATION Section, Pub. L. 109–286, § 15, Sept. 27, 2006, 120 Stat. 1229, which provided for rule of construction and judi- cial review of the Settlement and Los Alamos Agree- ments, was omitted from the Code as being of special and not general application. § 1780n. Omitted Editorial Notes CODIFICATION Section, Pub. L. 109–286, § 16, Sept. 27, 2006, 120 Stat. 1229, which provided that this subchapter would take effect on Sept. 27, 2006, was omitted from the Code as being of special and not general application. § 1780o. Omitted Editorial Notes CODIFICATION Section, Pub. L. 109–286, § 17, Sept. 27, 2006, 120 Stat. 1229, which expressed intent of Congress that most land conveyances and adjustments be completed by 180 days after Sept. 27, 2006, was omitted from the Code as being of special and not general application. § 1780p. Omitted Editorial Notes CODIFICATION Section, Pub. L. 109–286, § 18, Sept. 27, 2006, 120 Stat. 1230, which authorized appropriations, was omitted from the Code as being of special and not general appli- cation. CHAPTER 20—TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES ASSISTANCE Sec. 1801. Definitions. SUBCHAPTER I—TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT PROGRAM 1802. Purpose. 1803. Grants authorized. 1804. Eligible grant recipients. 1804a. Planning grants. 1805. Technical assistance contracts. 1806. Eligibility studies. 1807. Grants to tribally controlled colleges or uni- versities. 1808. Amount of grants. 1809. Effect on other programs. 1810. Authorization of appropriations. 1811. Grant adjustments. 1812. Report on facilities. 1813. Construction of new facilities. 1814. Miscellaneous provisions. 1815. Rules and regulations. SUBCHAPTER II—TRIBALLY CONTROLLED COL- LEGE OR UNIVERSITY ENDOWMENT PROGRAM 1831. Purpose. 1832. Establishment of program; program agree- ments. 1833. Use of funds. 1834. Compliance with matching requirement. 1835. Allocation of funds. 1836. Authorization of appropriations. SUBCHAPTER III—TRIBAL ECONOMIC DEVELOPMENT 1851. Grants authorized. Sec. 1852. Authorization of appropriations. SUBCHAPTER IV—TRIBALLY CONTROLLED POST- SECONDARY CAREER AND TECHNICAL INSTITU- TIONS 1861. Definition of tribally controlled postsec- ondary career and technical institution. 1862. Tribally controlled postsecondary career and technical institutions program. 1863. Applicability of other laws. 1864. Authorization of appropriations. § 1801. Definitions (a) For purposes of this chapter, the term— (1) ‘‘Indian’’ means a person who is a mem- ber of an Indian tribe; (2) ‘‘Indian tribe’’ means any Indian tribe, band, nation, or other organized group or com- munity, including any Alaskan Native village or regional or village corporation as defined in or established pursuant to the Alaskan Native Claims Settlement Act [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as In- dians; (3) ‘‘Secretary’’, unless otherwise des- ignated, means the Secretary of the Interior; (4) ‘‘tribally controlled college or univer- sity’’ means an institution of higher education which is formally controlled, or has been for- mally sanctioned, or chartered, by the gov- erning body of an Indian tribe or tribes, except that no more than one such institution shall be recognized with respect to any such tribe; (5) ‘‘institution of higher education’’ means an institution of higher education as defined by section 1001 1 of title 20, except that clause (2) of such section shall not be applicable and the reference to Secretary in clause (5)(A) 2 of such section shall be deemed to refer to the Secretary of the Interior; (6) ‘‘national Indian organization’’ means an organization which the Secretary finds is na- tionally based, represents a substantial Indian constituency, and has expertise in the fields of tribally controlled colleges and universities and Indian higher education; (7) ‘‘Indian student’’ means a student who is— (A) a member of an Indian tribe; or (B) a biological child of a member of an In- dian tribe, living or deceased; (8) ‘‘Indian student count’’ means a number equal to the total number of Indian students enrolled in each tribally controlled college or university, determined in a manner consistent with subsection (b) of this section on the basis of the quotient of the sum of the credit hours of all Indian students so enrolled, divided by twelve; and (9) ‘‘satisfactory progress toward a degree or certificate’’ has the meaning given to such term by the institution at which the student is enrolled. (b) The following conditions shall apply for the purpose of determining the Indian student count pursuant to subsection (a)(8): Page 372 TITLE 25—INDIANS § 1801 (1) Such number shall be calculated on the basis of the registrations of Indian students as in effect at the conclusion of the third week of each academic term. (2) Credits earned in classes offered during a summer term shall be counted toward the computation of the Indian student count in the succeeding fall term. (3) Credits earned by any student who has not obtained a high school degree or its equiv- alent shall be counted toward the computation of the Indian student count if the institution at which the student is in attendance has es- tablished criteria for the admission of such student on the basis of the student’s ability to benefit from the education or training offered. The institution shall be presumed to have es- tablished such criteria if the admission proce- dures for such studies include counseling or testing that measures the student’s aptitude to successfully complete the course in which the student has enrolled. No credits earned by such student for purposes of obtaining a high school degree or its equivalent shall be count- ed toward the computation of the Indian stu- dent count. (4) Indian students earning credits in any continuing education program of a tribally controlled college or university shall be in- cluded in determining the sum of all credit hours. (5) Eligible credits earned in a continuing education program— (A) shall be determined as one credit for every ten contact hours in the case of an in- stitution on a quarter system, or 15 contact hours in the case of an institution on a se- mester system, of participation in an orga- nized continuing education experience under responsible sponsorship, capable direction, and qualified instruction, as described in the criteria established by the International As- sociation for Continuing Education and Training; and (B) shall be limited to ten percent of the Indian student count of a tribally controlled college or university. (Pub. L. 95–471, § 2, formerly § 1, Oct. 17, 1978, 92 Stat. 1325; renumbered § 2 and amended Pub. L. 98–192, § 1, Dec. 1, 1983, 97 Stat. 1335; Pub. L. 99–428, § 3, Sept. 30, 1986, 100 Stat. 982; Pub. L. 105–244, title I, § 102(a)(8)(B), title IX, § 901(b)(5), (9), Oct. 7, 1998, 112 Stat. 1619, 1828; Pub. L. 110–315, title IX, § 941(a)–(c), Aug. 14, 2008, 122 Stat. 3460, 3461.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 95–471, Oct. 17, 1978, 92 Stat. 1325, known as the Tribally Controlled Colleges and Universities Assistance Act of 1978, which enacted this chapter and former section 640c–1 of this title, amended former section 640c of this title, and en- acted provisions set out as notes under this section and former sections 640a and 640c–1 of this title. For com- plete classification of this Act to the Code, see Short Title note set out below and Tables. The Alaskan Native Claims Settlement Act, referred to in subsec. (a)(2), probably means the Alaska Native Claims Settlement Act, Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. AMENDMENTS 2008—Subsec. (a)(6). Pub. L. 110–315, § 941(a), sub- stituted ‘‘in the fields of tribally controlled colleges and universities and Indian higher education’’ for ‘‘in the field of Indian education’’. Subsec. (a)(7) to (9). Pub. L. 110–315, § 941(b), added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively. Subsec. (b). Pub. L. 110–315, § 941(c)(1), substituted ‘‘subsection (a)(8)’’ for ‘‘paragraph (7) of subsection (a)’’ in introductory provisions. Subsec. (b)(5). Pub. L. 110–315, § 941(c)(2), added par. (5) and struck out former par. (5) which read as follows: ‘‘Credits earned in a continuing education program shall be converted to a credit-hour basis in accordance with the tribally controlled college or university’s sys- tem for providing credit for participation in such pro- gram.’’ Subsec. (b)(6). Pub. L. 110–315, § 941(c)(3), struck out par. (6) which read as follows: ‘‘No credit hours earned by an Indian student who is not making satisfactory progress toward a degree or certificate shall be taken into account.’’ 1998—Subsec. (a)(4). Pub. L. 105–244, § 901(b)(5), sub- stituted ‘‘college or university’’ for ‘‘community col- lege’’. Subsec. (a)(5). Pub. L. 105–244, § 102(a)(8)(B), sub- stituted ‘‘section 1001’’ for ‘‘section 1141(a)’’. Subsec. (a)(7). Pub. L. 105–244, § 901(b)(5), substituted ‘‘college or university’’ for ‘‘community college’’. Subsec. (b)(4). Pub. L. 105–244, § 901(b)(5), substituted ‘‘college or university’’ for ‘‘community college’’. Subsec. (b)(5). Pub. L. 105–244, § 901(b)(9), substituted ‘‘college or university’s’’ for ‘‘community college’s’’. 1986—Subsec. (a)(8). Pub. L. 99–428, § 3(a), added par. (8). Subsec. (b)(3) to (6). Pub. L. 99–428, § 3(b), added par. (3), redesignated former pars. (3) to (5) as (4) to (6), re- spectively, and in par. (6) struck out ‘‘, in accordance with the standards and practices of the appropriate ac- crediting agency or the institution at which the stu- dent is in attendance,’’ after ‘‘certificate’’. 1983—Subsec. (a). Pub. L. 98–192, § 1(1), designated ex- isting provisions as subsec. (a) and inserted introduc- tory provision preceding par. (1). Subsec. (a)(1). Pub. L. 98–192, § 1(2), struck out ‘‘and is eligible to receive services from the Secretary of the Interior’’ after ‘‘Indian tribe’’. Subsec. (a)(5). Pub. L. 98–192, § 1(3), inserted ‘‘and the reference to Secretary in clause (5)(A) of such section shall be deemed to refer to the Secretary of the Inte- rior’’. Subsec. (a)(7). Pub. L. 98–192, § 1(4), substituted provi- sion defining ‘‘Indian student count’’ to mean a number equal to the total number of Indian students enrolled in each tribally controlled community college, deter- mined as consistent with subsec. (b) of this section on the basis of the quotient of the sum of the credit hours of all Indians so enrolled, divided by twelve for provi- sion defining ‘‘full-time equivalent Indian student’’ to mean the number of Indians enrolled full-time and the full-time equivalent of the number of Indians enrolled part-time, determined on the basis of the quotient of the sum of the credit hours of all part-time students di- vided by twelve, calculated on the basis of registrations as in effect at the conclusion of the sixth week of an academic term. Subsec. (b). Pub. L. 98–192, § 1(4), added subsec. (b). 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- Page 373 TITLE 25—INDIANS § 1803 tion 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education. SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–428, § 1, Sept. 30, 1986, 100 Stat. 982, provided that: ‘‘This Act [amending this section and sections 640c–1, 1808 to 1810, 1812, 1813, and 1836 of this title] may be cited as the ‘Tribally Controlled Community College Assistance Amendments of 1986’.’’ SHORT TITLE Pub. L. 95–471, § 1, Oct. 17, 1978, 92 Stat. 1325, as amended by Pub. L. 105–244, title IX, § 901(b)(1), Oct. 7, 1998, 112 Stat. 1827; Pub. L. 110–315, title IX, § 941(k)(1), Aug. 14, 2008, 122 Stat. 3465, provided that: ‘‘This Act [enacting this chapter and section 640c–1 of this title, amending section 640c of this title, and enacting provi- sions set out as notes under sections 640a and 640c–1 of this title] may be cited as the ‘Tribally Controlled Col- leges and Universities Assistance Act of 1978’.’’ Pub. L. 95–471, title IV, § 401, as added by Pub. L. 101–392, title III, § 312, Sept. 25, 1990, 104 Stat. 804, pro- vided that: ‘‘This title [enacting subchapter III of this chapter] may be cited as the ‘Tribal Economic Develop- ment and Technology Related Education Assistance Act of 1990’.’’ ADDITIONAL CONFORMING AMENDMENTS Pub. L. 105–244, title IX, § 901(c), Oct. 7, 1998, 112 Stat. 1828, provided that: ‘‘(1) RECOMMENDED LEGISLATION.—The Secretary of Education shall prepare and submit to Congress rec- ommended legislation containing technical and con- forming amendments to reflect the changes made by subsection (b) [see Tables for classification]. ‘‘(2) SUBMISSION TO CONGRESS.—Not later than 6 months after the effective date of this title [see section 3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment note under section 1001 of Title 20, Edu- cation], the Secretary of Education shall submit the recommended legislation referred to under paragraph (1).’’ REFERENCES TO TRIBALLY CONTROLLED COMMUNITY COLLEGE ASSISTANCE ACT OF 1978 Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828, provided that: ‘‘Any reference to a section or other provision of the Tribally Controlled Community College Assistance Act of 1978 shall be deemed to be a reference to the Tribally Controlled College or Univer- sity Assistance Act of 1978 [now Tribally Controlled Colleges and Universities Assistance Act of 1978].’’ Executive Documents EXECUTIVE ORDER NO. 13021 Ex. Ord. No. 13021, Oct. 19, 1996, 61 F.R. 54929, as amended by Ex. Ord. No. 13104, Oct. 19, 1998, 63 F.R. 56535, which established the President’s Board of Advi- sors on Tribal Colleges and Universities and the White House Initiative on Tribal Colleges and Universities in the Department of Education and required a Five-Year Federal Plan regarding tribal colleges and universities, was revoked by Ex. Ord. No. 13270, § 10, July 3, 2002, 67 F.R. 45291, formerly set out below. EXECUTIVE ORDER NO. 13270 Ex. Ord. No. 13270, July 3, 2002, 67 F.R. 45288, which es- tablished the President’s Board of Advisors on Tribal Colleges and Universities and the White House Initia- tive on Tribal Colleges and Universities and required agencies to develop and submit plans for making cer- tain improvements in tribal colleges and universities, was revoked by Ex. Ord. No. 13592, § 5(c), Dec. 2, 2011, 76 F.R. 76607, formerly set out as a note under section 7401 of Title 20, Education. EXTENSION OF TERM OF PRESIDENT’S BOARD OF ADVISORS ON TRIBAL COLLEGES AND UNIVERSITIES Ex. Ord. No. 13585, § 1(n), Sept. 30, 2011, 76 F.R. 62281, which extended term of President’s Board of Advisors on Tribal Colleges and Universities until Sept. 30, 2013, was revoked by Ex. Ord. No. 13592, § 5(c), Dec. 2, 2011, 76 F.R. 76607, formerly set out as a note under section 7401 of Title 20, Education. Previous extensions of term of President’s Board of Advisors on Tribal Colleges and Universities were con- tained in the following prior Executive Orders: Ex. Ord. No. 13511, Sept. 29, 2009, 74 F.R. 50909, ex- tended term until Sept. 30, 2011. Ex. Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175, ex- tended term until Sept. 30, 2009. Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, ex- tended term until Sept. 30, 2007. Ex. Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255, ex- tended term until Sept. 30, 2005. Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291, ex- tended term until Sept. 30, 2003. Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, ex- tended term until Sept. 30, 2001. SUBCHAPTER I—TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT PROGRAM § 1802. Purpose It is the purpose of this subchapter to provide grants for the operation and improvement of tribally controlled colleges or universities to in- sure continued and expanded educational oppor- tunities for Indian students, and to allow for the improvement and expansion of the physical re- sources of such institutions. (Pub. L. 95–471, title I, § 101, Oct. 17, 1978, 92 Stat. 1325; Pub. L. 98–192, § 2, Dec. 1, 1983, 97 Stat. 1336; Pub. L. 105–244, title IX, § 901(b)(6), Oct. 7, 1998, 112 Stat. 1828.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–244 substituted ‘‘colleges or univer- sities’’ for ‘‘community colleges’’. 1983—Pub. L. 98–192 inserted ‘‘, and to allow for the improvement and expansion of the physical resources of such institutions’’. 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 Title 20, Education. § 1803. Grants authorized (a) Purposes The Secretary shall, subject to appropriations, make grants pursuant to this subchapter to trib- ally controlled colleges or universities to aid in the post-secondary education of Indian students. (b) Deposit of funds; limitations on uses Grants made pursuant to this subchapter shall go into the general operating funds of the insti- tution to defray, at the determination of the tribally controlled college or university, expend- itures for academic, educational, and adminis- trative purposes and for the operation and main- tenance of the college or university. Funds pro- vided pursuant to this subchapter shall not be used in connection with religious worship or sec- tarian instruction. (Pub. L. 95–471, title I, § 102, Oct. 17, 1978, 92 Stat. 1326; Pub. L. 98–192, § 3(a), Dec. 1, 1983, 97 Stat.