      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER III--INSTITUTIONAL AID
 
                   Part A--Strengthening Institutions
 
Sec. 1059d. Alaska Native and Native Hawaiian-serving 
        institutions
        

(a) Program authorized

    The Secretary shall provide grants and related assistance to Alaska 
Native-serving institutions and Native Hawaiian-serving institutions to 
enable such institutions to improve and expand their capacity to serve 
Alaska Natives and Native Hawaiians.

(b) Definitions

    For the purpose of this section--
        (1) the term ``Alaska Native'' has the meaning given the term in 
    section 7938 of this title;
        (2) the term ``Alaska Native-serving institution'' means an 
    institution of higher education that--
            (A) is an eligible institution under section 1058(b) of this 
        title; and
            (B) at the time of application, has an enrollment of 
        undergraduate students that is at least 20 percent Alaska Native 
        students;

        (3) the term ``Native Hawaiian'' has the meaning given the term 
    in section 7912 of this title; and
        (4) the term ``Native Hawaiian-serving institution'' means an 
    institution of higher education which--
            (A) is an eligible institution under section 1058(b) of this 
        title; and
            (B) at the time of application, has an enrollment of 
        undergraduate students that is at least 10 percent Native 
        Hawaiian students.

(c) Authorized activities

                 (1) Types of activities authorized

        Grants awarded under this section shall be used by Alaska 
    Native-serving institutions and Native Hawaiian-serving institutions 
    to assist such institutions to plan, develop, undertake, and carry 
    out activities to improve and expand such institutions' capacity to 
    serve Alaska Natives or Native Hawaiians.

                (2) Examples of authorized activities

        Such programs may include--
            (A) purchase, rental, or lease of scientific or laboratory 
        equipment for educational purposes, including instructional and 
        research purposes;
            (B) renovation and improvement in classroom, library, 
        laboratory, and other instructional facilities;
            (C) support of faculty exchanges, and faculty development 
        and faculty fellowships to assist in attaining advanced degrees 
        in the faculty's field of instruction;
            (D) curriculum development and academic instruction;
            (E) purchase of library books, periodicals, microfilm, and 
        other educational materials;
            (F) funds and administrative management, and acquisition of 
        equipment for use in strengthening funds management;
            (G) joint use of facilities such as laboratories and 
        libraries; and
            (H) academic tutoring and counseling programs and student 
        support services.

(d) Application process

                    (1) Institutional eligibility

        Each Alaska Native-serving institution and Native Hawaiian-
    serving institution desiring to receive assistance under this 
    section shall submit to the Secretary such enrollment data as may be 
    necessary to demonstrate that the institution is an Alaska Native-
    serving institution or a Native Hawaiian-serving institution as 
    defined in subsection (b) of this section, along with such other 
    information and data as the Secretary may by regulation require.

                          (2) Applications

        Any institution which is determined by the Secretary to be an 
    Alaska Native-serving institution or a Native Hawaiian-serving 
    institution may submit an application for assistance under this 
    section to the Secretary. 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. 
    Such application shall include--
            (A) a 5-year plan for improving the assistance provided by 
        the Alaska Native-serving institution or the Native Hawaiian-
        serving institution to Alaska Native or Native Hawaiian 
        students; and
            (B) such other information and assurance as the Secretary 
        may require.

                          (3) Special rules

        (A) Eligibility

            No Alaskan Native-serving institution or Native Hawaiian-
        serving institution 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. 317, as added Pub. L. 105-244, title 
III, Sec. 303(f), Oct. 7, 1998, 112 Stat. 1641; amended Pub. L. 106-211, 
Sec. 1(a), (b)(2), May 26, 2000, 114 Stat. 330.)


                               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)(2), added par. (3).
    Subsec. (e). Pub. L. 106-211, Sec. 1(b)(2), struck out heading and 
text of subsec. (e). Text read as follows: ``For the purposes of this 
section, no Alaska Native-serving institution or Native Hawaiian-serving 
institution which is eligible for and receives funds under this section 
may concurrently receive other funds under this part or part B of this 
subchapter.''


                             Effective Date

    Section effective Oct. 1, 1998, except as otherwise provided in Pub. 
L. 105-244, see section 3 of Pub. L. 105-244, set out as an Effective 
Date of 1998 Amendment note under section 1001 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1068h, 1085 of this title.
