25 U.S.C. § 1808
Except as provided in paragraph (2) and section 1811 of this title, the Secretary shall, subject to appropriations, grant for each academic year to each tribally controlled college or university having an application approved by the Secretary an amount equal to the product obtained by multiplying-
The amount of a grant under paragraph (1) shall not exceed an amount equal to the total cost of the education program provided by the applicable tribally controlled college or university.
Nothing in this section shall be construed as interfering with, or suspending the obligation of the Bureau for, the implementation of all legislative provisions enacted prior to April 28, 1988, specifically including those of Public Law 98-192.
25 U.S.C. § 1808
EDITORIAL NOTES
REFERENCES IN TEXT Public Law 98-192 referred to in subsec. (d), is Pub. L. 98-192, Dec. 1, 1983, 97 Stat. 1335, which enacted sections 1804a and 1831 to 1836 of this title, amended former section 640c-1 and sections 1801 to 1803 and 1805 to 1813 of this title, and enacted provisions set out as a note under section 1815 of this title. For complete classification of Pub. L. 98-192 to the Code, see Tables.
AMENDMENTS2008-Subsec. (a). Pub. L. 110-315 inserted subsec. (a) and par. (1) headings, designated introductory provisions and pars. (1) and (2) as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), in introductory provisions, substituted "Except as provided in paragraph (2) and section 1811 of this title," for "Except as provided in section 1811 of this title,", "approved by the Secretary" for "approved by him", and "product obtained by multiplying" for "product of", in subpar. (A), substituted "section 1801(a)(8) of this title" for "section 1801(a)(7) of this title", in subpar. (B), substituted "$8,000, as adjusted annually for inflation." for "$6,000,", added par. (2), and struck out former concluding provisions which read as follows: "except that no grant shall exceed the total cost of the education program provided by such college or university."1998-Subsec. (a). Pub. L. 105-244, §901(a)(1), (b) (5), (7), substituted "controlled college or university" for "controlled community college" in introductory provisions, "such college or university" for "such college" in par. (1) and concluding provisions, and "$6,000" for "$5,820" in par. (2).Subsec. (b)(3), (4). Pub. L. 105-244, §901(b)(5), substituted "college or university" for "community college" wherever appearing.Subsec. (c)(2). Pub. L. 105-244, §901(b)(6), substituted "colleges or universities" for "community colleges".1990-Subsec. (a)(1). Pub. L. 101-477, §1(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "the Indian student count at such college during such academic year, as determined by the Secretary in accordance with section 1801(a)(7) of this title; and".Subsec. (b)(1). Pub. L. 101-477, §1(a)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The Secretary shall make payments, pursuant to grants under this subchapter, 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."Subsecs. (c), (d). Pub. L. 101-477, §1(a)(3), redesignated subsec. (c), relating to construction of section, as (d).1988-Subsec. (b). Pub. L. 100-297 designated existing provisions as par. (1) and added pars. (2) to (4).Subsec. (c). Pub. L. 100-427 added subsec. (c) relating to construction of section.1986-Subsec. (a)(2). Pub. L. 99-428 amended par. (2) generally. Prior to amendment, par. (2) read as follows:"(A) $4,000 for fiscal year 1984,"(B) $5,025 for fiscal year 1985,"(C) $5,415 for fiscal year 1986, and"(D) $5,820 for fiscal year 1987,".1983-Subsec. (a). Pub. L. 98-192 amended subsec. (a) generally, substituting provision establishing a formula premised on Indian student count at each tribally controlled community college on which funding is to be based for provision which directing the Secretary to grant an amount equal to $4,000 for each full-time equivalent Indian student in attendance during the academic year to each tribally controlled community college having an application approved by the Secretary.1982-Subsec. (c)(2). Pub. L. 97-375 struck out provision directing Secretary to report annually to Congress on needs of tribally controlled community colleges.
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. 100-297set out as a note under section 1071 of Title 20, Education.
- Indian student count
- "Indian student count" means a number equal to the total number of Indian students enrolled in each tribally controlled college or university, determined in a manner consistent with subsection (b) of this section on the basis of the quotient of the sum of the credit hours of all Indian students so enrolled, divided by twelve; and
- Indian student
- "Indian student" means a student who is-(A) a member of an Indian tribe; or(B) a biological child of a member of an Indian tribe, living or deceased;
- Indian
- "Indian" means a person who is a member of an Indian tribe;