Public Law 95-471 Tribally Controlled Colleges Assistance Act of 1978

PUBLIC LAW 95-471-OCT. 17, 1978

92 STAT. 1325

Public Law 95-471

95th Congress
An Act
To provide for grants to tribally controlled community colleges, and for other
purposes.

Oct. 17, 1978
IS. 1215]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may Tribally
be cited as the "Tribally Controlled Community College Assistance Controlled
Community
Act of 1978".

College
Assistance Act of
(1) "Indian" means a person who is a member of an Indian 1978.
tribe and is eligible to receive services from the Secretary of the 25 USC 1801
note.
Interior;
25 USC 1801.
or
nation,
band,
tribe,
Indian
any
(2) "Indian tribe" means
other organized group or community, including any Alaskan
Native village or regional or village corporation as defined in or
established pursuant to the Alaskan Native Claims Settlement
Act, which is recognized as eligible for the special programs and
services provided by the United States to Indians because of their
status as Indians;
(3) "Secretary", unless otherwise designated, means the Secretary of the Interior;
(4) "tribally controlled community college" means an institution of higher education which is formally controlled, or has been
formally sanctioned, or chartered, by the governing 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 1201 (a) of the Higher Education Act of 1965, except that clause (2) of such section shall not 20 USC 1141.
be applicable;
(6) "national Indian organization" means an organization
which the Secretary finds is nationally based, represents a substantial Indian constituency, and has expertise in the field of
Indian education: and
(7) "full-time equivalent Indian student" means 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 divided by twelve) in each tribally controlled community college, calculated on the basis of registrations as in effect
at the conclusion of the sixth week of an academic term.
DEFINITIONS

TITLE I-TRIBALLY CONTROLLED COMMUNITY
COLLEGES
PURPOSE

SEC. 101. It is the purpose of this title to provide grants for the
operation and improvement of tribally controlled community colleges
to insure continued and expanded educational opportunities for Indian
students.

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25 USC 1802.

92 STAT. 1326

PUBLIC LAW 95-471-OCT. 17, 1978
GRANTS

25 USc 1803.

AUTHORIZED

SEC. 102. (a) The Secretary is authorized to make grants pursuant
to this title to tribally controlled community colleges to aid in the postsecondary education of Indian students.
(b) Grants made pursuant to this title shall go into the general
operating funds of the institution to defray the expense of activities
related to education programs for Indian students. Funds provided
pursuant to this title shall not be used in connection with religious
worship or sectarian instruction.
ELIGIBLE GRANT

RECIPIENTS

25 USC 1804.

SEC. 103. To be eligible for assistance under this title, a tribally controlled community college must be one which(1) is governed by a board of directors or board of trustees a
majority of which are Indians;
(2) demonstrates adherence to stated goals, a philosophy, or a
plan of operation which is directed to meet the needs of Indians;
and
(3) if in operation for more than one year, has students a
majority of whom are Indians.

25 USC 1805.

SEC. 104. The Secretary shall provide, upon request, technical assistance to tribally controlled community colleges either directly or
through contract. In the awarding of contracts for technical assistance,
preference shall be given to an organization designated by the tribally
controlled community college to be assisted. No authority to enter into
contracts provided by this section shall be effective except to the extent
authorized in advance by appropriations Acts.

TECHNICAL

ASSISTANCE

FEASIBILITY

Agreement.
25 USC 1806.

Feasibility
study.

CONTRACTS

STUDIES

Src. 105. (a) The Secretary is authorized to enter into an agreement
with the Assistant Secretary of Education of the Department of
Health, Education, and Welfare to assist the Bureau of Indian Affairs
in developing plans, procedures, and criteria for conducting the feasibility studies required by this section. Such agreement shall provide
for continuing technical assistance in the conduct of such studies.
(b) The Secretary, within thirty days after a request by any Indian
tribe, shall initiate a feasibility study to determine whether there is
justification to encourage and maintain a tribally controlled community college, 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.
(c) 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 the date of enactment of this Act for such fiscal year;
or

(2) not more than 10 per centum of the funds appropriated to
carry out section 106 for such fiscal year.

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PUBLIC LAW 95-471-OCT. 17, 1978

92 STAT. 1327

GRANTS TO TRIBALLY CONTROLLED COMMUNITY COLLEGES

SEC. 106. (a) Grants shall be made under this title only in response 25 USC 1807.
to applications by tribally controlled community colleges. Such -applications shall be submitted at such time, in such manner, and will
contain or be accompanied by such information as the Secretary may
reasonably require pursuant to regulations. The Secretary shall not
consider any grant application unless a feasibility study has been conducted under section 105 and it has been found that the applying
community college will service a reasonable student population.
(b) The Secretary shall consult with the Assistant Secretary of
Education of the Department of Health, Education, and Welfare to
determine the reasonable number of students required to support a
tribally controlled community college. Consideration shall be given
to such factors as tribal and cultural differences, isolation, the presence of alternate education sources, and proposed curriculum.
(c) Priority in grants shall be given to institutions which are operating on the date of enactment of this Act and which have a history
of service to the Indian people. In the first year for which funds are
appropriated to carry out this section, the number of grants shall be
limited to not less than eight nor more than fifteen.
(d) In making grants pursuant to this section, the Secretary shall,
to the extent practicable. consult with national Indian organizations
and with tribal governments chartering the institutions being
considered.
(e) The Secretary shall report to Congress on January 15 of each Report to
year the current status of tribally controlled community colleges and Congress.
his recommendations for needed action.
AMOUNT

OF GRANTS

SEC. 107. (a) Except as provided in section 110, the Secretary shall, 25 USc 1808.
for each academic year, grant to each tribally controlled community
college having an application approved by him, an amount equal to
$4,000 for each full-time equivalent Indian student in attendance
at such college during such academic year, as determined by the Secretary in accordance with such regulations as he may prescribe, except
that no grant shall exceed the total annual cost of the education program provided by such college.
(b) The Secretary shall make payments, pursuant to grants under
this title, in advance installments of not less than 40 per centum of the
funds available for allotment, based on anticipated or actual numbers
of full-time equivalent Indian students or such other factors as determined by the Secretary. Adjustments for overpayments and underpayments shall be applied to the remainder of such funds and such
remainder shall be delivered no later than July 1 of each year.
(c) (1) Each institution receiving payments under this title shall
annually provide to the Secretary an accurate and detailed accounting
of its operating and maintenance expenses and such other information
concerning costs as the Secretary may request.
(2) The Secretary shall, in consultation with the National Center for
Education Statistics, establish a data collection system for the purpose
of obtaining accurate information with respect to the needs and costs
of operation and maintenance of tribally controlled community colleges. The Secretary shall report annually to the Congress on such Report to
needs.
Congress.

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92 STAT. 1328

PUBLIC LAW 95-471-OCT. 17, 1978
EFFECT ON OTHER

PROGRAMS

25 USc 1809.

SEC. 108. Except as specifically provided in this title, eligibility for

20 USC 1001
note.

assistance under this title shall not, by itself, preclude the eligibility of
any tribally controlled college to receive Federal financial assistance
under any program authorized under the Higher Education Act of
1965 or any other applicable program for the benefit of institutions of
higher education, community colleges, or postsecondary educational
institutions.
APPROPRIATIONS

25 USC 1810.

SEC. 109. (a) (1) There are authorized to be appropriated, for carrying out section 106, $25,000,000 for each of the fiscal years beginning
October 1, 1979, and October 1, 1980, and $30,000.000 for the fiscal year
beginning October 1, 1981.
(2) There are authorized to be appropriated $3,200,000 for each of
such three fiscal years, for the provision of technical assistance pursuant to section 104.
(b) Unless otherwise provided in appropriations Acts, funds appropriated pursuant to this section shall remain available until expended.
(c) Nothing in this title shall be deemed to authorize appropriations
for the fiscal year beginning October 1,1978.
GRANT

25 USC 1811.

AUTHORIZED

ADJUSTMENTS

SEC. 110. (a) If the sums appropriated for any fiscal year for grants
under this title are not sufficient to pay in full the total amounts which
approved grant applicants are eligible to receive under this title for
that fiscal year, the amounts which such applicants are eligible to
receive under this title for such fiscal year shall be ratably reduced. In
case additional funds become availabie for making such payments for
the same fiscal year, such reduced amounts shall be increased on the
same basis as they were reduced. Sums appropriated in excess of the
amount necessary to pay in full such total eligible amounts shall be
allocated by ratably increasing such total eligible amounts.
(b) In any fiscal year in which the amounts for which grant recipients are eligible to receive have been reduced under the first sentence
of subsection (a) of this section, and in which additional funds have not
been made available to pay in full the total of such amounts under the
second sentence of such subsection, each grantee shall report to the
Secretary any unused portion of received funds ninety days prior to
the grant expiration date. The amounts so reported by any grant recipient shall be made available for reallocation to eligible grantees on a
basis proportionate to the amount which is unfunded as a result of
the ratable reduction, but no grant recipient shall receive, as a result
of such reallocation, more than the amount provided for under section
106(a) of this title.
REPORT ON CURRENT

Report to
Congress.

25 USC 1812.

FACILITIES

SEC. 111. The Secretary shall, not later than ninety days after the
date of enactment of this Act, prepare and submit a report to the

Congress containing a survey of existing and planned physical facilities of tribally controlled community colleges, including in his report
a survey of Bureau of Indian Affairs existing and planned facilities
which may be used for tribally controlled community colleges without
disruption of current Bureau programs.

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PUBLIC LAW 95-471-OCT. 17, 1978
STUDY

92 STAT. 1329

OF FACILITIES NEEDb

SEc. 112. The Secretary shall conduct a detailed survey and study of 25 USC 1813.
the academic facilities needs of tribally controlled community colleges
and shall report to the Congress not later than November 1, 1979, the
results of such survey and study. Such report shall include any recommendtations or views submitted by the governing body of any such
college and by the governing body of the tribe, and shall include
detailed recommendations by the Secretary ab to the number, type, and
cost of academic facilities which are required, ranking each such
reAluired facility by relative need.
MISCELIINEOUS

PROVISIONS

SEC. 113. (a) The Navajo Tribe shall not be eligible to participate
under the provisions of this title.
(b)(1) The Secretary shall not provide any funds to any institution which denies admission to any Indian student because such individual is not a member of a specific Indian tribe, or which denies
admission to any Indian student because such individual is a member
of a specific tribe.
(2) The Secretary shall take steps to recover any unexpended and
unobligated funds provided under this title held by an institution
determined to be in violation of paragraph (1).

25 USC 1814.

RULES AND REGULATIONS

SEC. 114. (a) Within four months from the date of enactment of
this Act, the Secretary shall, to the extent practicable, consult with
national Indian organizations to consider and formulate appropriate
rules and regulations for the conduct of the grant program established
by this title.
(b) Within six months from the date of enactment of this Act,
the Secretary shall publish proposed rules and regulations in the
Federal Register for the purpose of receiving comments from interested parties.
(c) Within ten months from the date of enactment of this Act,
the Secretary shall promulgate rules and regulations for the conduct
of the grant program established by this title.
(d) Funds to carry out the purposes of this section may be drawn
from general administrative appropriations to the Secretary made
after the date of enactment of this Act.

25 USC 1815.

TITLE II-NAVAJO COMMUNITY COLLEGE

Navajo
Community
College
Assistance
Act of 1978.
25 USC 640a
note.

SnORT TITLE

SEC. 201. This title may be cited as the "Navajo Community College
Assistance Act of 1978".
CONGRESSIONAL

Publication in
Federal Register.

FINDINGS

SEC. 202. The Congress after careful study and deliberation, finds
that(1) the Navajo Tribe constitutes the largest American Indian
tribe in the United States;

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25 USC 640a
note.

92 STAT. 1330

PUBLIC LAW 95-471-OCT. 17, 1978
(2) the Navajo Tribe has, through its duly constituted tribal
council and representatives, established a community college
within the boundaries of the reservation;
(3) the population of the Navajo Tribe and the best area of
the Navajo reservation requires that the Navajo Community
College expand to better serve the needs of such population: and
(4) the Congress has already recognized the need for this

institution by the passage of the Navajo Community (ollege Act.
AIENDMENT

SEC. 203. (a) The Navajo Community College Act (25 U.S.C. 640c)
is amended by striking out section 4 and inserting in lieu thereof the
following:
ihSTUDY OF FACILITIES NEEDS

Report to
Congress.
25 USC 640c.

"SEC. 4. (a) The Secretary shall conduct a detailed survey and study
of the academic facilities needs of the Navajo Community 'ollege, and

shall report to the Congress not later than August 1, 1979, the result,
of such survey and studv. Such report shall include any recommendations or views submitted by the governing body of such College and
by the governing body of the Navajo tribe, and shall include detailed
recommendations by the Secretary as to the number, type. and cost of
academic facilities which are required, ranking each such required
facility by relative need.
"(b) Funds to carry out the purposes of this section may be drawn

from general administrative appropriations to the Secretary made
after the date of enactment of the Tribally Controlled Community
College Assistance Act of 1978.
".AUTHORIZATION

25 USC 640c-1.

OF APPROPRIATIONS

"SEc. 5. (a) (1) For the purpose of making construction grants under
this Act, there are hereby authorized to be appropriated such sums as
may be necessary for the fiscal year beginning October 1. 1979. and
for the two succeeding fiscal years.
"(2) Sums appropriated pursuant to this subsection for construction shall, unless otherwise provided in appropriations Acts, remain
available until expended.
"(b) (1) There is further authorized to be appropriated for grants
to the Navajo Community College, for any fiscal year beginning on or
after October 1, 1979, for operation and maintenance of the college,

an amount equal to $4,000 for each full-time equivalent Indian student
(determined in accordance with section 2 (7) of the Tribally Controlled
Community College Assistance Act of 1978) which the Secretarv of
the Interior estimates will be in attendance at such college during
such year.

"(2) No grant under this subsection shall exceed"(A) $4,000 for each such full-time equivalent Indian student
in actual attendance at such college; or
"(B) the total annual cost of the education program provided
by such college,
whichever is less.
"(3) The Secretary shall make payments, pursuant to grants under
this subsection, in advance installments of not less than 40 per centum
of the funds available for allotment, based on anticipated or actual
numbers of full-time equivalent Indian students or such other fac-

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PUBLIC LAW 95-471-OCr. 17, 1978

92 STAT. 1331

tors as determined by the Secretary. Adjustments for overpayments
and underpayments shall be applied to the remainder of such funds
and such remainder shall be delivered no later than July I of each year.
"(c) The Secretary of the Interior is authorized and directed to
establish by rule procedures to insure that all funds appropriated under
this Act are properly identified for grants to the Navajo Community
College and that such funds are not commingled with appropriations
historically expended by the Bureau of Indian Affairs for programs
and projects normally provided on the Navajo Reservation for Navajo
beneficiaries.".
(b) Nothing in this title or in the amendment made by this title 25 USc 640c-1
shall be deemed to authorize appropriations for the fiscal year begin- note.
ning October 1, 1978.
Approved October 17, 1978.

LEGISLATIVE HISTORY:
HOUSE REPORT No. 95-1558 accompanying H.R. 9158 (Comm. on Education and
Labor).
SENATE REPORT No. 95-582 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Nov. 4, considered and passed Senate.
Vol. 124 (1978): Sept. 26, H.R. 9158 considered and passed House; passage
vacated and S. 1215, amended, passed in lieu.
Oct. 3, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 14, No. 42 (1978): Oct. 17, Presidential statement.

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