25 U.s.c. 1810

§ 1809

TITLE 25—INDIANS

Page 624

gress on needs of tribally controlled community colleges.

or private funds of the college or university be
used in a project or for a specific purpose.

EFFECTIVE DATE OF 1998 AMENDMENT

(Pub. L. 95–471, title I, § 109, formerly § 108, Oct.
17, 1978, 92 Stat. 1328; renumbered § 109 and
amended Pub. L. 98–192, §§ 4(a)(1), 8, Dec. 1, 1983,
97 Stat. 1336, 1337; Pub. L. 99–428, § 5, Sept. 30,
1986, 100 Stat. 983; Pub. L. 100–297, title V,
§ 5403(a), Apr. 28, 1988, 102 Stat. 416; Pub. L.
105–244, title IX, § 901(b)(5), (6), (8), (10), (12), (e),
Oct. 7, 1998, 112 Stat. 1828, 1829.)

Amendment 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 AMENDMENT
For 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.

§ 1809. Effect on other programs
(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., 42
U.S.C. 2751 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) 1 Assistance deemed to be basic educational
opportunity grant
For the purposes of sections 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)],2 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) 1 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
1 So

in original. Two subsecs. (c) have been enacted.
References in Text note below.

2 See

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, and part C (§ 2751 et seq.) of
subchapter I of chapter 34 of Title 42, The Public Health
and Welfare. Sections 312 and 322 of the Act, which were
classified to sections 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 sections 312 and 322 which are classified to
sections 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, referred to in subsec. (b)(3), is Pub. L. 93–638,
Jan. 4, 1975, 88 Stat. 2203, which is classified principally
to subchapter II (§ 450 et seq.) of chapter 14 of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 450 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).
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment 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 AMENDMENT
For 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.

§ 1810. Authorization of appropriations
(a)(1) There is authorized to be appropriated,
for the purpose of carrying out section 1805 of

Page 625

TITLE 25—INDIANS

this title, $3,200,000 for fiscal year 2009 and such
sums as may be necessary for each of the five
succeeding fiscal years.
(2) There is authorized to be appropriated for
the purpose of carrying out section 1807 of this
title, such sums as may be necessary for fiscal
year 2009 and such sums as may be necessary for
each of the five succeeding fiscal years.
(3) There is authorized to be appropriated for
the purpose of carrying out sections 1812(b) and
1813 of this title, such sums as may be necessary
for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal
years.
(4) Funds appropriated pursuant to the authorizations under this section for the fiscal year
2009 and for each of the five succeeding fiscal
years shall be transferred by the Secretary of
the Treasury through the most expeditious
method available, with each of the tribally controlled colleges or universities being designated
as its own certifying agency.
(b)(1) For the purpose of affording adequate
notice of funding available under this chapter,
amounts appropriated in an appropriation Act
for any fiscal year to carry out this chapter
shall become available for obligation on July 1
of that fiscal year and shall remain available
until September 30 of the succeeding fiscal year.
(2) In order to effect a transition to the forward funding method of timing appropriation
action described in paragraph (1), there are authorized to be appropriated, in an appropriation
Act or Acts for the same fiscal year, two separate appropriations to carry out this chapter,
the first of which shall not be subject to paragraph (1).
(Pub. L. 95–471, title I, § 110, formerly § 109, Oct.
17, 1978, 92 Stat. 1328; renumbered § 110 and
amended Pub. L. 98–192, §§ 4(a)(1), 9, Dec. 1, 1983,
97 Stat. 1336, 1337; Pub. L. 99–428, § 2(a), Sept. 30,
1986, 100 Stat. 982; Pub. L. 101–477, § 1(b), Oct. 30,
1990, 104 Stat. 1152; Pub. L. 102–325, title XIII,
§ 1301(a), July 23, 1992, 106 Stat. 797; Pub. L.
105–244, title IX, § 901(a)(2)(A), (b)(11), Oct. 7, 1998,
112 Stat. 1827, 1828; Pub. L. 110–315, title IX,
§ 941(g), Aug. 14, 2008, 122 Stat. 3462.)
AMENDMENTS
2008—Subsec. (a)(1). Pub. L. 110–315, § 941(g)(1), (2),
substituted ‘‘2009’’ for ‘‘1999’’ and ‘‘five succeeding’’ for
‘‘4 succeeding’’.
Subsec. (a)(2). Pub. L. 110–315, § 941(g)(1)–(3), substituted ‘‘such sums as may be necessary’’ for
‘‘$40,000,000’’, ‘‘2009’’ for ‘‘1999’’, and ‘‘five succeeding’’
for ‘‘4 succeeding’’.
Subsec. (a)(3). Pub. L. 110–315, § 941(g)(1), (2), (4), substituted ‘‘such sums as may be necessary’’ for
‘‘$10,000,000’’, ‘‘2009’’ for ‘‘1999’’, and ‘‘five succeeding’’
for ‘‘4 succeeding’’.
Subsec. (a)(4). Pub. L. 110–315, § 941(g)(1), (5), substituted ‘‘2009’’ for ‘‘1999’’ and ‘‘five succeeding’’ for
‘‘succeeding 4’’.
1998—Subsec. (a)(1). Pub. L. 105–244, § 901(a)(2)(A)(i),
substituted ‘‘1999’’ for ‘‘1993’’.
Subsec. (a)(2). Pub. L. 105–244, § 901(a)(2)(A)(ii), substituted ‘‘$40,000,000 for fiscal year 1999’’ for ‘‘$30,000,000
for fiscal year 1993’’.
Subsec. (a)(3). Pub. L. 105–244, § 901(a)(2)(A)(iii), substituted ‘‘1999’’ for ‘‘1993’’.
Subsec. (a)(4). Pub. L. 105–244, § 901(a)(2)(A)(iv), (b)(11),
substituted ‘‘1999’’ for ‘‘1993’’ and ‘‘tribally controlled
colleges or universities’’ for ‘‘Tribally Controlled Community Colleges’’.

§ 1811

1992—Subsec. (a). Pub. L. 102–325 amended subsec. (a)
generally, in pars. (1) to (3) substituting provisions authorizing appropriations for fiscal years 1993 to 1997 for
provisions authorizing appropriations for fiscal years
1990 to 1992 and adding par. (4).
1990—Subsec. (a)(1). Pub. L. 101–477, § 1(b)(1), substituted ‘‘1990 and 1991, and for fiscal year 1992, such
sums as may be necessary’’ for ‘‘1987, 1988, 1989, and
1990’’.
Subsec. (a)(2). Pub. L. 101–477, § 1(b)(2), substituted
‘‘1990 and 1991, and for fiscal year 1992, such sums as
may be necessary’’ for ‘‘1987, 1988, 1989, and 1990’’.
Subsec. (a)(3). Pub. L. 101–477, § 1(b)(3), substituted
‘‘1990, 1991, and 1992’’ for ‘‘1987, 1988, 1989, and 1990’’.
1986—Subsec. (a)(1). Pub. L. 99–428, § 2(a)(1), substituted ‘‘1987, 1988, 1989, and 1990’’ for ‘‘1985, 1986, and
1987’’.
Subsec. (a)(2), (3). Pub. L. 99–428, § 2(a)(2), substituted
‘‘the fiscal years 1987, 1988, 1989, and 1990’’ for ‘‘such fiscal years’’.
1983—Subsec. (a). Pub. L. 98–192, § 9, amended subsec.
(a) generally, substituting provision authorizing appropriations for fiscal years 1985, 1986, and 1987 of $3,200,000
for carrying out section 1805 of this title, $30,000,000 for
carrying out section 1807 of this title, and appropriations as necessary for carrying out sections 1812(b) and
1813 of this title for provision authorizing appropriations for carrying out section 1807 of this title of
$25,000,000 for each of the fiscal years beginning Oct. 1,
1979 and Oct. 1, 1980, and $30,000,000 for the fiscal year
beginning Oct. 1, 1981, and $3,200,000 for each of such fiscal years for the provision of technical assistance pursuant to section 1805 of this title.
Subsec. (b). Pub. L. 98–192, § 9, amended subsec. (b)
generally, substituting provision relating to affording
adequate notice of funding available under this chapter
and directing two separate appropriations in order to
effect a transition to the forward funding method of
timing appropriation action for provision directing
that, unless otherwise provided, funds appropriated
under this section remain available until expended.
Subsec. (c). Pub. L. 98–192, § 9, struck out subsec. (c)
which provided that nothing in this chapter be deemed
to authorize appropriations for fiscal year beginning
Oct. 1, 1978.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment 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 1992 AMENDMENT
Amendment by Pub. L. 102–325 effective Oct. 1, 1992,
see section 2 of Pub. L. 102–325, set out as a note under
section 1001 of Title 20, Education.

§ 1811. Grant adjustments
(a) Formula for allocation
(1) If the sums appropriated for any fiscal year
pursuant to section 1810(a)(2) of this title for
grants under section 1807 of this title are not
sufficient to pay in full the total amount which
approved applicants are eligible to receive under
such section for such fiscal year—
(A) the Secretary shall first allocate to each
such applicant which received funds under section 1807 of this title for the preceding fiscal
year an amount equal to 95 percent of the payment received by such applicant under section
1808 of this title;
(B) the Secretary shall next allocate to applicants who did not receive funds under such
section for the preceding fiscal year an
amount equal to 100 per centum of the product
of—