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Title 25, IndiansRelease 119-110

§1809 Effect on Other Programs

Title 25 › CHAPTER 20 — TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES ASSISTANCE › SUBCHAPTER I — TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT PROGRAM › § 1809

Last updated Sep 23, 2026|Official source

Summary

Getting money under this law does not by itself stop a tribally controlled college or university from getting other federal higher education funds, including programs under the Higher Education Act of 1965 or other college aid programs. Grants the colleges get here will not be cut because they also get Bureau of Indian Affairs funds, and they cannot be denied BIA funds because they receive these grants. If a tribe sets aside part of its tribal funds for a college, that college may not be refused a contract to manage that money under the Indian Self‑Determination and Education Assistance Act, nor refused proper contract support to run it, except as that Act allows. A student who gets a postsecondary student grant from the Bureau of Indian Affairs is treated as having received a basic educational opportunity grant under the Higher Education Act of 1965. Money given to a tribally controlled college under this law can be counted as the college’s non‑Federal or private funds when another federal law requires using non‑Federal or private funds.

Full Legal Text

Title 25, §1809

Indians, Source: USLM XML via OLRC

(a)Eligibility for assistance
Except as specifically provided in this subchapter, eligibility for assistance under this subchapter shall not, by itself, preclude the eligibility of any tribally controlled college or university to receive Federal financial assistance under any program authorized under the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] or any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions.
(b)Allocations from Bureau of Indian Affairs
(1)The amount of any grant for which tribally controlled colleges or universities are eligible under section 1808 of this title shall not be altered because of funds allocated to any such colleges or universities from funds appropriated under section 13 of this title.
(2)No tribally controlled college or university shall be denied funds appropriated under section 13 of this title because of the funds it receives under this chapter.
(3)No tribally controlled college or university for which a tribe has designated a portion of the funds appropriated for the tribe from funds appropriated under section 13 of this title may be denied a contract for such portion under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) (except as provided in that Act), or denied appropriate contract support to administer such portion of the appropriated funds.
(c)Assistance deemed to be basic educational opportunity grant
For the purposes of section 312(2)(A)(i) and 322(a)(2)(A)(i) of the Higher Education Act of 1965 [20 U.S.C. 1058(2)(A)(i), 1061(a)(2)(A)(i)], any Indian student who receives a student assistance grant from the Bureau of Indian Affairs for postsecondary education shall be deemed to have received such assistance under subpart 1 of part A of title IV of such Act [20 U.S.C. 1070a et seq.].
(c)2 Treatment of funds under certain Federal laws
Notwithstanding any other provision of law, funds provided under this subchapter to the tribally controlled college or university may be treated as non-Federal, private funds of the college or university for purposes of any provision of Federal law which requires that non-Federal or private funds of the college or university be used in a project or for a specific purpose.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Higher Education Act of 1965, referred to in subsecs. (a) and (c), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of Title 20, Education. section 312 and 322 of the Act, which were classified to section 1058 and 1061, respectively, of Title 20, were omitted in the general revision of title III of the Higher Education Act of 1965 by Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1290, which enacted new section 312 and 322 which are classified to section 1058 and 1061, respectively, of Title 20. Subpart 1 of part A of title IV of the Higher Education Act of 1965 is classified generally to subpart 1 (§ 1070a et seq.) of part A of subchapter IV of chapter 28 of Title 20. For complete classification of the Higher Education Act of 1965 to the Code, see

Short Title

note set out under section 1001 of Title 20 and Tables. The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (b)(3), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 5301 of this title and Tables.

Amendments

1998—Subsec. (a). Pub. L. 105–244, § 901(b)(10), inserted “or university” after “tribally controlled college”. Subsec. (b)(1). Pub. L. 105–244, § 901(b)(6), (8), substituted “controlled colleges or universities” for “controlled community colleges” and “such colleges or universities” for “such colleges”. Subsec. (b)(2), (3). Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college”. Subsec. (c). Pub. L. 105–244, § 901(e), redesignated subsec. (d), relating to treatment of funds under certain Federal laws, as (c). Subsec. (d). Pub. L. 105–244, § 901(e), redesignated subsec. (d), relating to treatment of funds under certain Federal laws, as (c). Pub. L. 105–244, § 901(b)(5), (12), substituted “controlled college or university” for “controlled community college” and substituted “the college or university” for “the college” in two places. 1988—Subsec. (d). Pub. L. 100–297 added subsec. (d). 1986—Subsec. (b)(3). Pub. L. 99–428 added par. (3). 1983—Pub. L. 98–192, § 8, designated existing provision as subsec. (a) and added subsecs. (b) and (c).

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.

Effective Date

of 1988 AmendmentFor

Effective Date

and applicability of amendment by Pub. L. 100–297, see section 6303 of Pub. L. 100–297, set out as a note under section 1071 of Title 20, Education.

Reference

Citations & Metadata

Citation

25 U.S.C. § 1809

Title 25, Indians

Last Updated

Sep 23, 2026

Release point: 119-110