25 U.S.C. § 1806: Eligibility studies

Summary

The Secretary must start an eligibility study within 30 days after any Indian tribe asks. The study will decide if there is reason to support and keep a tribally controlled college or university. If the study is positive, the Secretary must help prepare grant applications and budgets so the school can run successfully. That positive finding applies to the fiscal year following the fiscal year when the finding was made. The Secretary can make an agreement with the Secretary of Education to help the Bureau of Indian Affairs create the plans, steps, and rules for these studies and to give ongoing technical help. Money for this work can come from the Secretary’s general administrative appropriations made after October 17, 1978 for that fiscal year, or from up to 5% of the funds provided under section 1807 for that fiscal year.

Title 25, §1806

Indians, Source: USLM XML via OLRC

(a)Development of plans, procedures, and criteria

The Secretary is authorized to enter into an agreement with the Secretary of Education to assist the Bureau of Indian Affairs in developing plans, procedures, and criteria for conducting the eligibility studies required by this section. Such agreement shall provide for continuing technical assistance in the conduct of such studies.

(b)Initiation by Secretary; grant applications and budgets

The Secretary, within thirty days after a request by any Indian tribe, shall initiate a eligibility study to determine whether there is justification to encourage and maintain a tribally controlled college or university, and, upon a positive determination, shall aid in the preparation of grant applications and related budgets which will insure successful operation of such an institution. Such a positive determination shall be effective for the fiscal year succeeding the fiscal year in which such determination is made.

(c)Source of appropriations

Funds to carry out the purposes of this section for any fiscal year may be drawn from either—

(1)general administrative appropriations to the Secretary made after October 17, 1978 for such fiscal year; or

(2)not more than 5 per centum of the funds appropriated to carry out section 1807 of this title for such fiscal year.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Subsec. (b). Pub. L. 105–244 substituted “college or university” for “community college”. 1983—Subsec. (a). Pub. L. 98–192, § 6(a)(2), (3), substituted “eligibility” for “feasibility” and “Secretary of Education” for “Assistant Secretary of Education of the Department of Health, Education, and Welfare”. Subsec. (b). Pub. L. 98–192, § 6(a)(2), (4), inserted provision that such positive determination be effective for fiscal year succeeding fiscal year in which such determination is made, and substituted “eligibility” for “feasibility”. Subsec. (c)(2). Pub. L. 98–192, §§ 4(b)(1), 6(a)(5), substituted “5 per centum” for “10 per centum” and made a technical amendment to reference to section 1807 of this title to reflect renumbering of that section.

Statutory Notes and Related Subsidiaries

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 Title 20, Education.

§1806 Eligibility Studies