25 U.S.C. § 1813: Construction of new facilities

Summary

Provides grants to tribally controlled colleges and universities that the Secretary’s report says need new construction, if money is available and the school applies under the rules the Secretary sets. To get a grant, a school must already receive certain other federal grants and must be accredited, unless the Secretary expects full accreditation within 18 months—in that case the school can get money only for planning and proposals. Grants normally cover up to 80% of construction costs, and the school’s required 20% share cannot force the school to spend more than $400,000; the school may use funds under section 13 for its share. The Secretary can waive the cost-share rules if the school and its tribe truly lack resources, deciding only on factors like tribal population, likely student numbers, tribal unemployment, tribal finances, and other claimed relevant points (including educational attainment). If a grant-funded building stops being used as a public or nonprofit academic facility within 20 years and the tribe does not use it for an approved public purpose, ownership goes to the United States and the school can recover from the United States the same share of the building’s current value as its original non-section-13 contribution bore to the original cost. Grant funds may not be used for religious worship, sectarian activities, or a divinity school. Definitions: “construction” also means reconstruction or renovation; “academic facilities” means the facilities described in section 1132e–1(1) of title 20.

Title 25, §1813

Indians, Source: USLM XML via OLRC

(a)Grants

With respect to any tribally controlled college or university for which the report of the Secretary under section 1812(a) of this title identifies a need for new construction, the Secretary shall, subject to appropriations and on the basis of an application submitted in accordance with such requirements as the Secretary may prescribe by regulation, provide grants for such construction in accordance with this section.

(b)Eligibility requirements

In order to be eligible for a grant under this section, a tribally controlled college or university—

(1)must be a current recipient of grants under section 1805 or 1807 of this title, and

(2)must be accredited by a nationally recognized accrediting agency listed by the Secretary of Education pursuant to the last sentence of section 1001 of title 20, except that such requirement may be waived if the Secretary determines that there is a reasonable expectation that such college or university will be fully accredited within eighteen months. In any case where such a waiver is granted, grants under this section shall be available only for planning and development of proposals for construction.

(c)Maximum amount of grant; waiver of restriction

(1)Except as provided in paragraph (2), grants for construction under this section shall not exceed 80 per centum of the cost of such construction, except that no tribally controlled college or university shall be required to expend more than $400,000 in fulfillment of the remaining 20 per centum. For the purpose of providing its required portion of the cost of such construction, a tribally controlled college or university may use funds provided under section 13 of this title.

(2)The Secretary may waive, in whole or in part, the requirements of paragraph (1) in the case of any tribally controlled college or university which demonstrates that neither such college or university nor the tribal government with which it is affiliated have sufficient resources to comply with such requirements. The Secretary shall base a decision on whether to grant such a waiver solely on the basis of the following factors: (A) tribal population; (B) potential student population; (C) the rate of unemployment among tribal members; (D) tribal financial resources; and (E) other factors alleged by the college or university to have a bearing on the availability of resources for compliance with the requirements of paragraph (1) and which may include the educational attainment of tribal members.

(d)Failure to use facility in approved manner; title to vest in United States; settlement

If, within twenty years after completion of construction of a facility which has been constructed in whole or in part with a grant made available under this section— (1)

(2)the tribe with which the applicant is affiliated fails to use the facility for a public purpose approved by the tribal government in furtherance of the general welfare of the community served by the tribal government,

title to the facility shall vest in the United States and the applicant (or such tribe if such tribe is the successor in title to the facility) shall be entitled to recover from the United States an amount which bears the same ratio to the present value of the facility as the amount of the applicant’s contribution (excluding any funds provided under section 13 of this title) bore to the original cost of the facility. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is located.

(e)Religious use

No construction assisted with funds under this section shall be used for religious worship or a sectarian activity or for a school or department of divinity.

(f)“Construction” and “academic facilities” defined

For the purposes of this section

(1)

(2)the term “academic facilities” has the meaning provided such term under section 1132e–1(1) 1 of title 20.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 1132e–1 of title 20, referred to in subsec. (f), was omitted in the general revision of subchapter VII (§ 1132a et seq.) of chapter 28 of Title 20, Education, by Pub. L. 99–498, title VII, § 701, Oct. 17, 1986, 100 Stat. 1520.

Amendments

1998—Subsec. (a). Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college”. Subsec. (b). Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college” in introductory provisions. Subsec. (b)(2). Pub. L. 105–244, §§ 102(a)(8)(C), 901(b)(7), substituted “section 1001” for “section 1141(a)” and “such college or university” for “such college”. Subsec. (c)(1). Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college” in two places. Subsec. (c)(2). Pub. L. 105–244, § 901(b)(5), (7), (12), in introductory provisions, substituted “controlled college or university” for “controlled community college” and “such college or university” for “such college” and, in subpar. (E), substituted “the college or university” for “the college”. 1986—Subsec. (a). Pub. L. 99–428 substituted “Secretary under” for “Administrator of General Services under”. 1983—Pub. L. 98–192 amended section generally, substituting provision authorizing grants for

Construction

of new facilities, establishing eligibility requirements for grants, maximum amounts of grants, waiver of amount restriction, results of failure to use facilities in an approved manner, and prohibition of religious use of such facilities, and defining “

Construction

” and “academic facilities” for provision requiring Secretary of the Interior to conduct a detailed survey and study of academic facilities needs of tribally controlled community colleges and report to Congress not later than Nov. 1, 1979, the results of such survey and study.

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.

§1813 Construction of New Facilities

Summary

Title 25, §1813

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Construction

Construction

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata