§1059c — Title 20 Education | U.S. Code

Summary

Provides grants and help to Tribal Colleges and Universities so they can get better at serving Indian students. It names a few terms: "Indian" and "Indian tribe" as defined in the Tribally Controlled Colleges and Universities Assistance Act of 1978; "Tribal College or University" as a school that qualifies under that Act or the Navajo Community College Act or is listed in the Equity in Educational Land-Grant Status Act; and "institution of higher education" as the usual legal definition with one small exception. Grants can pay for many things to improve campus capacity, including lab and telecom equipment, building or fixing classrooms and libraries, faculty development and exchanges, classes in fields where Indians are underrepresented and in tribal governance, library and learning materials, tutoring and counseling, financial literacy programs, funds and administrative management, shared facilities, development offices, teacher-prep programs for teaching Indian children, outreach to K–12 students, and distance education — plus other approved activities related to these. A school may use up to 20% of its grant to start or grow an endowment if it matches those federal dollars dollar-for-dollar. To get money, a Tribal College must be eligible under section 1058(b) and send a simplified application to the Secretary. Each year the Secretary may keep up to 30% of the money for one-year grants of at least $1,000,000 aimed at construction and repairs, giving preference to schools that haven’t gotten a prior award. The rest is split so 60% is shared based on Indian student counts and 40% is split equally, and no school gets less than $500,000. Schools receiving these funds cannot also get money under certain other parts of the law, and section 1059(d) does not apply to them.

Title 20, §1059c

Education — Source: USLM XML via OLRC

(a)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)In this section:

(1)The term “Indian” has the meaning given the term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 [25 U.S.C. 1801].

(2)The term “Indian tribe” has the meaning given the term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 [25 U.S.C. 1801].

(3)The term “Tribal College or University” means an institution that—

(A)qualifies for funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College Act (25 U.S.C. 640a note); 11 See References in Text note below. 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)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)(1)Grants awarded under this section shall be used by Tribal Colleges or Universities to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Indian students.

(2)The activities described in paragraph (1) may include—

(A)purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;

(B)construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications 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 assist in attaining advanced degrees in the faculty’s field of instruction or in tribal governance or tribal public policy;

(D)academic instruction in disciplines in which Indians are underrepresented and instruction in tribal governance or tribal public policy;

(E)purchase of library books, periodicals, and other educational materials, including telecommunications program material;

(F)tutoring, counseling, and student service programs designed to improve academic success;

(G)education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ families;

(H)funds management, administrative management, and acquisition of equipment for use in strengthening funds management;

(I)joint use of facilities, such as laboratories and libraries;

(J)establishing or improving a development office to strengthen or improve contributions from alumni and the private sector;

(K)establishing or enhancing a program of teacher education designed to qualify students to teach in elementary schools or secondary schools, with a particular emphasis on teaching Indian children and youth, that shall include, as part of such program, preparation for teacher certification;

(L)establishing community outreach programs that encourage Indian elementary school and secondary school students to develop 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 application submitted pursuant to subsection (d) that—

(i)contribute to carrying out the activities described in subparagraphs (A) through (M); and

(ii)are approved by the Secretary as part of the review and acceptance of such application.

(3)(A)A Tribal College or University may use not more than 20 percent of the grant funds provided under this section to establish or increase an endowment fund at the institution.

(B)In order to be eligible to use grant funds in accordance with subparagraph (A), the Tribal College or University shall provide matching 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)The provisions of part C regarding the establishment 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)(1)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)(A)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 reasonably require.

(B)The Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section.

(3)(A)(i)Of the amount appropriated to carry out this section for any fiscal year, the Secretary may reserve 30 percent for the purpose of awarding one-year grants of not less than $1,000,000 to address construction, maintenance, and renovation needs at eligible institutions.

(ii)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 section for a previous fiscal year.

(B)(i)Except as provided in clause (ii), the Secretary shall distribute the remaining funds appropriated for any fiscal year to each eligible institution as follows:

(I)60 percent of the remaining appropriated funds shall be distributed among the eligible Tribal Colleges and Universities on a pro rata basis, based on the respective Indian student counts (as defined in section 2(a) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801(a)) 22 So in original. Probably should be followed by a third closing parenthesis. of the Tribal Colleges and Universities.

(II)The remaining 40 percent shall be distributed in equal shares to the eligible Tribal Colleges and Universities.

(ii)The amount distributed to a Tribal College or University under clause (i) shall not be less than $500,000.

(4)(A)No Tribal College or University that receives funds under this section shall concurrently receive funds under any other provision of this part, part B, or part A of subchapter V.

(B)section 1059(d) of this title shall not apply to institutions that are eligible to receive funds under this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Tribally Controlled Colleges and Universities Assistance Act of 1978, referred to in subsec. (b)(3)(A), is Pub. L. 95–471, Oct. 17, 1978, 92 Stat. 1325, which is classified 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), substituted “Tribal” for “Indian Tribal”. Subsec. (b)(1), (2). Pub. L. 111–39, § 301(1)(B)(i), (ii), substituted “the Tribally Controlled Colleges and Universities Assistance Act of 1978” for “the Tribally Controlled College or University Assistance Act of 1978”. Subsec. (b)(3)(A). Pub. L. 111–39, § 301(1)(B)(iii), substituted “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 University’ has the meaning give the term ‘tribally controlled college or university’ in section 1801 of title 25, and includes an institution listed in the Equity in Educational 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, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase 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 subpars. (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 “subparagraphs (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 limited number of institutions that are eligible for assistance 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 Tribal 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 subchapter.” 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 assistance to Hispanic-serving institutions to enable such institutions to improve and expand their capacity to serve Hispanic and other low-income students. 1993—Subsec. (c). Pub. L. 103–208 substituted “(2) Examples of authorized activities.—Such programs may include—” for “Such programs may include—”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2009 AmendmentAmendment 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, provided 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 AmendmentAmendment 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 this title.

Effective Date

of 1993 AmendmentAmendment 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.

§1059c American Indian tribally controlled colleges and universities

Summary

Title 20, §1059c

Notes & Related Subsidiaries

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References in Text

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