25 U.S.C. § 1809
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.
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)], 3 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.].
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.
1 See References in Text note below.
2 So in original. Two subsecs. (c) have been enacted.
3 See References in Text note below.
25 U.S.C. § 1809
EDITORIAL NOTES
REFERENCES IN TEXTThe 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. 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 (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.
AMENDMENTS1998-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. 100-297set out as a note under section 1071 of Title 20, Education.
- 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;