 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER III--INSTITUTIONAL AID
 
                   Part A--Strengthening Institutions
 
Sec. 1059c. American Indian tribally controlled colleges and 
        universities
        

(a) Program authorized

    The Secretary shall provide grants and related assistance to Indian 
Tribal Colleges and Universities to enable such institutions to improve 
and expand their capacity to serve Indian students.

(b) Definitions

    In this section:

                             (1) Indian

        The term ``Indian'' has the meaning given the term in section 
    1801 of title 25.

                          (2) Indian tribe

        The term ``Indian tribe'' has the meaning given the term in 
    section 1801 of title 25.

                  (3) Tribal College or University

        The term ``Tribal College or University'' has the meaning give 
    the term ``tribally controlled college or university'' in section 
    1801 of title 25, and includes an institution listed in the Equity 
    in Educational Land Grant Status Act of 1994.

                 (4) Institution of higher education

        The term ``institution of higher education'' means an 
    institution of higher education as defined in section 1001(a) of 
    this title, except that paragraph (2) of such section shall not 
    apply.

(c) Authorized activities

                           (1) In general

        Grants awarded under this section shall be used by Tribal 
    Colleges or Universities to assist such institutions to plan, 
    develop, undertake, and carry out activities to improve and expand 
    such institutions' capacity to serve Indian students.

                (2) Examples of authorized activities

        The activities described in paragraph (1) may include--
            (A) purchase, rental, or lease of scientific or laboratory 
        equipment for educational purposes, including instructional and 
        research purposes;
            (B) construction, maintenance, renovation, and improvement 
        in classrooms, libraries, laboratories, and other instructional 
        facilities, including purchase or rental of telecommunications 
        technology equipment or services;
            (C) support of faculty exchanges, faculty development, and 
        faculty fellowships to assist in attaining advanced degrees in 
        the faculty's field of instruction;
            (D) academic instruction in disciplines in which Indians are 
        underrepresented;
            (E) purchase of library books, periodicals, and other 
        educational materials, including telecommunications program 
        material;
            (F) tutoring, counseling, and student service programs 
        designed to improve academic success;
            (G) funds management, administrative management, and 
        acquisition of equipment for use in strengthening funds 
        management;
            (H) joint use of facilities, such as laboratories and 
        libraries;
            (I) establishing or improving a development office to 
        strengthen or improve contributions from alumni and the private 
        sector;
            (J) establishing or enhancing a program of teacher education 
        designed to qualify students to teach in elementary schools or 
        secondary schools, with a particular emphasis on teaching Indian 
        children and youth, that shall include, as part of such program, 
        preparation for teacher certification;
            (K) establishing community outreach programs that encourage 
        Indian elementary school and secondary school students to 
        develop the academic skills and the interest to pursue 
        postsecondary education; and
            (L) other activities proposed in the application submitted 
        pursuant to subsection (d) of this section that--
                (i) contribute to carrying out the activities described 
            in subparagraphs (A) through (K); and
                (ii) are approved by the Secretary as part of the review 
            and acceptance of such application.

                         (3) Endowment fund

        (A) In general

            A Tribal College or University may use not more than 20 
        percent of the grant funds provided under this section to 
        establish or increase an endowment fund at the institution.

        (B) Matching requirement

            In order to be eligible to use grant funds in accordance 
        with subparagraph (A), the Tribal College or University shall 
        provide matching funds, in an amount equal to the Federal funds 
        used in accordance with subparagraph (A), for the establishment 
        or increase of the endowment fund.

        (C) Comparability

            The provisions of part C of this subchapter regarding the 
        establishment or increase of an endowment fund, that the 
        Secretary determines are not inconsistent with this paragraph, 
        shall apply to funds used under subparagraph (A).

(d) Application process

                    (1) Institutional eligibility

        To be eligible to receive assistance under this section, a 
    Tribal College or University shall be an eligible institution under 
    section 1058(b) of this title.

                           (2) Application

        Any Tribal College or University desiring to receive assistance 
    under this section shall submit an application to the Secretary at 
    such time, and in such manner, as the Secretary may by regulation 
    reasonably require. The Secretary shall, to the extent possible, 
    prescribe a simplified and streamlined format for such applications 
    that takes into account the limited number of institutions that are 
    eligible for assistance under this section. Each such application 
    shall include--
            (A) a 5-year plan for improving the assistance provided by 
        the Tribal College or University to Indian students, increasing 
        the rates at which Indian secondary school students enroll in 
        higher education, and increasing overall postsecondary retention 
        rates for Indian students; and
            (B) such enrollment data and other information and 
        assurances as the Secretary may require to demonstrate 
        compliance with paragraph (1).

                          (3) Special rules

        (A) Eligibility

            No Tribal College or University that receives funds under 
        this section shall concurrently receive funds under other 
        provisions of this part or part B of this subchapter.

        (B) Exemption

            Section 1059(d) of this title shall not apply to 
        institutions that are eligible to receive funds under this 
        section.

        (C) Distribution

            In awarding grants under this section, the Secretary shall, 
        to the extent possible and consistent with the competitive 
        process under which such grants are awarded, ensure maximum and 
        equitable distribution among all eligible institutions.

(Pub. L. 89-329, title III, Sec. 316, as added Pub. L. 102-325, title 
III, Sec. 302(d)(1), July 23, 1992, 106 Stat. 473; amended Pub. L. 103-
208, Sec. 2(a)(7), Dec. 20, 1993, 107 Stat. 2457; Pub. L. 105-244, title 
III, Sec. 303(e), Oct. 7, 1998, 112 Stat. 1639; Pub. L. 106-211, 
Sec. 1(a), (b)(1), May 26, 2000, 114 Stat. 330.)

                       References in Text

    The Equity in Educational Land Grant Status Act of 1994, referred to 
in subsec. (b)(3), means the Equity in Educational Land-Grant Status Act 
of 1994, Pub. L. 103-382, title V, part C, Oct. 20, 1994, 108 Stat. 
4048, as amended, which is set out as a note under section 301 of Title 
7, Agriculture.


                               Amendments

    2000--Subsec. (d)(2). Pub. L. 106-211, Sec. 1(a), inserted after 
first sentence ``The Secretary shall, to the extent possible, prescribe 
a simplified and streamlined format for such applications that takes 
into account the limited number of institutions that are eligible for 
assistance under this section.''
    Subsec. (d)(3). Pub. L. 106-211, Sec. 1(b)(1), added par. (3) and 
struck out heading and text of former par. (3). Text read as follows: 
``For the purposes of this part, no Tribal College or University that is 
eligible for and receives funds under this section may concurrently 
receive other funds under this part or part B of this subchapter.''
    1998--Pub. L. 105-244 amended section catchline and text generally. 
Prior to amendment, text consisted of subsecs. (a) to (e) authorizing 
grants and related assistance to Hispanic-serving institutions to enable 
such institutions to improve and expand their capacity to serve Hispanic 
and other low-income students.
    1993--Subsec. (c). Pub. L. 103-208 substituted ``(2) Examples of 
authorized activities.--Such programs may include--'' for ``Such 
programs may include--''.


                    Effective Date of 2000 Amendment

    Pub. L. 106-211, Sec. 1(c), May 26, 2000, 114 Stat. 331, provided 
that: ``The amendments made by this Act [amending this section and 
section 1059d of this title] shall be effective on the date of the 
enactment of this Act [May 26, 2000].''


                    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 this title.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-208 effective as if included in the Higher 
Education Amendments of 1992, Pub. L. 102-325, except as otherwise 
provided, see section 5(a) of Pub. L. 103-208, set out as a note under 
section 1051 of this title.


                             Effective Date

    Section effective Oct. 1, 1992, see section 2 of Pub. L. 102-325, 
set out as an Effective Date of 1992 Amendment note under section 1001 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1068, 1068h of this title; 
title 7 sections 2206a, 3103; title 10 section 2323.
