
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC1801]

 
                            TITLE 25--INDIANS
 
    CHAPTER 20--TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE
 
Sec. 1801. Definitions

    (a) For purposes of this chapter, the term--
        (1) ``Indian'' means a person who is a member of an Indian 
    tribe;
        (2) ``Indian tribe'' means any Indian tribe, band, nation, or 
    other organized group or community, including any Alaskan Native 
    village or regional or village corporation as defined in or 
    established pursuant to the Alaskan Native Claims Settlement Act [43 
    U.S.C. 1601 et seq.], which is recognized as eligible for the 
    special programs and services provided by the United States to 
    Indians because of their status as Indians;
        (3) ``Secretary'', unless otherwise designated, means the 
    Secretary of the Interior;
        (4) ``tribally controlled college or university'' means an 
    institution of higher education which is formally controlled, or has 
    been formally sanctioned, or chartered, by the governing body of an 
    Indian tribe or tribes, except that no more than one such 
    institution shall be recognized with respect to any such tribe;
        (5) ``institution of higher education'' means an institution of 
    higher education as defined by section 1001 \1\ of title 20, except 
    that clause (2) of such section shall not be applicable and the 
    reference to Secretary in clause (5)(A) \2\ of such section shall be 
    deemed to refer to the Secretary of the Interior;
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    \1\ So in original. Probably should be section ``1001(a)''.
    \2\ So in original. Probably should be ``(5)''.
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        (6) ``national Indian organization'' means an organization which 
    the Secretary finds is nationally based, represents a substantial 
    Indian constituency, and has expertise in the field of Indian 
    education;
        (7) ``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
        (8) ``satisfactory progress toward a degree or certificate'' has 
    the meaning given to such term by the institution at which the 
    student is enrolled.

    (b) The following conditions shall apply for the purpose of 
determining the Indian student count pursuant to paragraph (7) of 
subsection (a) of this section:
        (1) Such number shall be calculated on the basis of the 
    registrations of Indian students as in effect at the conclusion of 
    the third week of each academic term.
        (2) Credits earned in classes offered during a summer term shall 
    be counted toward the computation of the Indian student count in the 
    succeeding fall term.
        (3) Credits earned by any student who has not obtained a high 
    school degree or its equivalent shall be counted toward the 
    computation of the Indian student count if the institution at which 
    the student is in attendance has established criteria for the 
    admission of such student on the basis of the student's ability to 
    benefit from the education or training offered. The institution 
    shall be presumed to have established such criteria if the admission 
    procedures for such studies include counseling or testing that 
    measures the student's aptitude to successfully complete the course 
    in which the student has enrolled. No credits earned by such student 
    for purposes of obtaining a high school degree or its equivalent 
    shall be counted toward the computation of the Indian student count.
        (4) Indian students earning credits in any continuing education 
    program of a tribally controlled college or university shall be 
    included in determining the sum of all credit hours.
        (5) Credits earned in a continuing education program shall be 
    converted to a credit-hour basis in accordance with the tribally 
    controlled college or university's system for providing credit for 
    participation in such program.
        (6) No credit hours earned by an Indian student who is not 
    making satisfactory progress toward a degree or certificate shall be 
    taken into account.

(Pub. L. 95-471, Sec. 2, formerly Sec. 1, Oct. 17, 1978, 92 Stat. 1325; 
renumbered Sec. 2 and amended Pub. L. 98-192, Sec. 1, Dec. 1, 1983, 97 
Stat. 1335; Pub. L. 99-428, Sec. 3, Sept. 30, 1986, 100 Stat. 982; Pub. 
L. 105-244, title I, Sec. 102(a)(8)(B), title IX, Sec. 901(b)(5), (9), 
Oct. 7, 1998, 112 Stat. 1619, 1828.)

                       References in Text

    This chapter, referred to in subsec. (a), was in the original ``this 
Act'', meaning Pub. L. 95-471, Oct. 17, 1978, 92 Stat. 1325, as amended, 
known as the Tribally Controlled College or University Assistance Act of 
1978, which enacted this chapter and section 640c-1 of this title, 
amended section 640c of this title, and enacted provisions set out as 
notes under sections 640a, 640c-1, and 1801 of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
below and Tables.
    The Alaskan Native Claims Settlement Act, referred to in subsec. 
(a)(2), probably means the Alaska Native Claims Settlement Act, Pub. L. 
92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified 
generally to chapter 33 (Sec. 1601 et seq.) of Title 43, Public Lands. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 1601 of Title 43 and Tables.


                               Amendments

    1998--Subsec. (a)(4). Pub. L. 105-244, Sec. 901(b)(5), substituted 
``college or university'' for ``community college''.
    Subsec. (a)(5). Pub. L. 105-244, Sec. 102(a)(8)(B), substituted 
``section 1001'' for ``section 1141(a)''.
    Subsec. (a)(7). Pub. L. 105-244, Sec. 901(b)(5), substituted 
``college or university'' for ``community college''.
    Subsec. (b)(4). Pub. L. 105-244, Sec. 901(b)(5), substituted 
``college or university'' for ``community college''.
    Subsec. (b)(5). Pub. L. 105-244, Sec. 901(b)(9), substituted 
``college or university's'' for ``community college's''.
    1986--Subsec. (a)(8). Pub. L. 99-428, Sec. 3(a), added par. (8).
    Subsec. (b)(3) to (6). Pub. L. 99-428, Sec. 3(b), added par. (3), 
redesignated former pars. (3) to (5) as (4) to (6), respectively, and in 
par. (6) struck out ``, in accordance with the standards and practices 
of the appropriate accrediting agency or the institution at which the 
student is in attendance,'' after ``certificate''.
    1983--Subsec. (a). Pub. L. 98-192, Sec. 1(1), designated existing 
provisions as subsec. (a) and inserted introductory provision preceding 
par. (1).
    Subsec. (a)(1). Pub. L. 98-192, Sec. 1(2), struck out ``and is 
eligible to receive services from the Secretary of the Interior'' after 
``Indian tribe''.
    Subsec. (a)(5). Pub. L. 98-192, Sec. 1(3), inserted ``and the 
reference to Secretary in clause (5)(A) of such section shall be deemed 
to refer to the Secretary of the Interior''.
    Subsec. (a)(7). Pub. L. 98-192, Sec. 1(4), substituted provision 
defining ``Indian student count'' to mean a number equal to the total 
number of Indian students enrolled in each tribally controlled community 
college, determined as consistent with subsec. (b) of this section on 
the basis of the quotient of the sum of the credit hours of all Indians 
so enrolled, divided by twelve for provision defining ``full-time 
equivalent Indian student'' to mean the number of Indians enrolled full-
time and the full-time equivalent of the number of Indians enrolled 
part-time, determined on the basis of the quotient of the sum of the 
credit hours of all part-time students divided by twelve, calculated on 
the basis of registrations as in effect at the conclusion of the sixth 
week of an academic term.
    Subsec. (b). Pub. L. 98-192, Sec. 1(4), added subsec. (b).


                    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.


                      Short Title of 1990 Amendment

    Section 401 of title IV of Pub. L. 95-471, as added by Pub. L. 101-
392, title III, Sec. 312, Sept. 25, 1990, 104 Stat. 804, provided that: 
``This title [enacting subchapter III of this chapter] may be cited as 
the `Tribal Economic Development and Technology Related Education 
Assistance Act of 1990'.''


                      Short Title of 1986 Amendment

    Section 1 of Pub. L. 99-428 provided that: ``This Act [amending this 
section and sections 640c-1, 1808 to 1810, 1812, 1813, and 1836 of this 
title] may be cited as the `Tribally Controlled Community College 
Assistance Amendments of 1986'.''


                               Short Title

    Pub. L. 95-471, Sec. 1, Oct. 17, 1978, 92 Stat. 1325, as amended by 
Pub. L. 105-244, title IX, Sec. 901(b)(1), Oct. 7, 1998, 112 Stat. 1827, 
provided: ``That this Act [enacting this chapter and section 640c-1 of 
this title, amending section 640c of this title, and enacting provisions 
set out as notes under sections 640a and 640c-1 of this title] may be 
cited as the `Tribally Controlled College or University Assistance Act 
of 1978'.''


                    Additional Conforming Amendments

    Pub. L. 105-244, title IX, Sec. 901(c), Oct. 7, 1998, 112 Stat. 
1828, provided that:
    ``(1) Recommended legislation.--The Secretary of Education shall 
prepare and submit to Congress recommended legislation containing 
technical and conforming amendments to reflect the changes made by 
subsection (b) [see Tables for classification].
    ``(2) Submission to congress.--Not later than 6 months after the 
effective date of this title [see section 3 of Pub. L. 105-244, set out 
as an Effective Date of 1998 Amendment note under section 1001 of Title 
20, Education], the Secretary of Education shall submit the recommended 
legislation referred to under paragraph (1).''


 References to Tribally Controlled Community College Assistance Act of 
                                  1978

    Pub. L. 105-244, title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 
1828, provided that: ``Any reference to a section or other provision of 
the Tribally Controlled Community College Assistance Act of 1978 shall 
be deemed to be a reference to the Tribally Controlled College or 
University Assistance Act of 1978.''

          Ex. Ord. No. 13021. Tribal Colleges and Universities

    Ex. Ord. No. 13021, Oct. 19, 1996, 61 F.R. 54929, as amended by Ex. 
Ord. No. 13104, Oct. 19, 1998, 63 F.R. 56535, provided:
    By the authority vested in me as President by the Constitution and 
laws of the United States of America, in reaffirmation of the special 
relationship of the Federal Government to American Indians and Alaska 
Natives, and, for the purposes of helping to: (a) ensure that tribal 
colleges and universities are more fully recognized as accredited 
institutions, have access to the opportunities afforded other 
institutions, and have Federal resources committed to them on a 
continuing basis; (b) establish a mechanism that will increase 
accessibility of Federal resources for tribal colleges and universities 
in tribal communities; (c) promote access to high-quality educational 
opportunity for economically disadvantaged students; (d) promote the 
preservation and the revitalization of American Indian and Alaska Native 
languages and cultural traditions; (e) explore innovative approaches to 
better link tribal colleges with early childhood, elementary, and 
secondary education programs; and (f) support the National Education 
Goals (20 U.S.C. 5812), it is hereby ordered as follows:
    Section 1. Definition of Tribal Colleges and Universities. Tribal 
colleges and universities (``tribal colleges'') are those institutions 
cited in section 532 of the Equity in Educational Land-Grant Status Act 
of 1994 (7 U.S.C. 301 note), any other institution that qualifies for 
funding under the Tribally Controlled Community College Assistance Act 
of 1978 [now Tribally Controlled College or University Assistance Act of 
1978], (25 U.S.C. 1801 et seq.), and Navajo Community College, 
authorized in the Navajo Community College Assistance Act of 1978, 
Public Law 95-471, title II (25 U.S.C. 640a note).
    Sec. 2. Board of Advisors. (a) Establishment. There shall be 
established in the Department of Education a Presidential advisory 
committee entitled the President's Board of Advisors on Tribal Colleges 
and Universities (``Board''). Notwithstanding the provisions of any 
other Executive order, the responsibilities of the President under the 
Federal Advisory Committee Act, as amended (5 U.S.C. App.), with respect 
to the Board, shall be performed by the Secretary of Education 
(``Secretary''), in accordance with the guidelines and procedures 
established by the Administrator of General Services.
    (b) Composition. The Board shall consist of not more than 15 Members 
who shall be appointed by the President. The Board shall include 
representatives of tribal colleges. The Board may also include 
representatives of the higher, early childhood, elementary, and 
secondary education communities; tribal officials; health, business, and 
financial institutions; private foundations; and such other persons as 
the President deems appropriate. Members of the Board will serve terms 
of 2 years and may be reappointed to additional terms. A Member may 
continue to serve until his or her successor is appointed. In the event 
a Member fails to serve a full term, an individual appointed to replace 
that Member will serve the remainder of that term. All terms will expire 
upon the termination of the Board.
    (c) Role of Board. The Board shall provide advice regarding the 
progress made by Federal agencies toward fulfilling the purposes and 
objectives of this order. The Board shall also provide recommendations 
to the President and the Secretary at least annually on ways tribal 
colleges can:
    (1) utilize long-term development, endowment building, and master 
planning to strengthen institutional viability;
    (2) utilize the Federal and private sector to improve financial 
management and security, obtain private sector funding support, and 
expand and complement Federal education initiatives;
    (3) develop institutional capacity through the use of new and 
emerging technologies offered by both the Federal and private sectors;
    (4) enhance physical infrastructure to facilitate more efficient 
operation and effective recruitment and retention of students and 
faculty; and
    (5) help achieve National Education Goals and meet other high 
standards of education accomplishment.
    (d) Scheduled Meetings. The Board shall meet at least annually to 
provide advice and consultation on tribal colleges and relevant Federal 
and private sector activities, and to transmit reports and present 
recommendations.
    Sec. 3. Office of White House Initiative. There shall be established 
in the Department of Education the White House Initiative on Tribal 
Colleges and Universities (``Initiative''). The Initiative shall be 
authorized to: (a) provide the staff support for the Board;
    (b) assist the Secretary in the role of liaison between the 
executive branch and tribal colleges;
    (c) serve the Secretary in carrying out the Secretary's 
responsibilities under this order; and
    (d) utilize the services, personnel, information, and facilities of 
other Federal, State, tribal, and local agencies with their consent, and 
with or without reimbursement, consistent with applicable law. To the 
extent permitted by law and regulations, each Federal agency shall 
cooperate in providing resources, including personnel detailed to the 
Initiative, to meet the objectives of the order.
    Sec. 4. Department and Agency Participation. Each participating 
executive department and agency (hereinafter collectively referred to as 
``agency''), as determined by the Secretary, shall appoint a senior 
official, who is a full-time officer of the Federal Government and who 
is responsible for management or program administration, to serve as 
liaison to the White House Initiative. The official shall report 
directly to the agency head, or agency representative, on agency 
activity under this order and serve as liaison to the White House 
Initiative. To the extent permitted by law and regulation, each agency 
shall provide appropriate information in readily available formats 
requested by the White House Initiative staff pursuant to this order.
    Sec. 5. Five-Year Federal Plan. (a) Content. Each agency shall, in 
collaboration with tribal colleges, develop and document a Five-Year 
Plan of the agency's efforts to fulfill the purpose of this order. These 
Five-Year Plans shall include annual performance indicators and 
appropriate measurable objectives for the agency. The plans shall 
address among other relevant issues:
    (1) barriers impeding the access of tribal colleges to funding 
opportunities and to participation in Federal programs, and ways to 
eliminate the barriers;
    (2) technical assistance and information that will be made available 
to tribal colleges regarding the program activities of the agency and 
the preparation of applications or proposals for grants, cooperative 
agreements, or contracts; and
    (3) an annual goal for agency funds to be awarded to tribally 
controlled colleges and universities in:
    (A) grants, cooperative agreements, contracts, and procurement;
    (B) related excess property-type acquisitions under various 
authorities such as section 923 of the Federal Agriculture Improvement 
and Reform Act of 1996 (7 U.S.C. 2206a) and the Federal Property and 
Administrative Services Act of 1949, chapter 288, 63 Stat. 377 (codified 
as described at 40 U.S.C. 471 note); and
    (C) the transfer of excess and surplus Federal computer equipment 
under Executive Order 12999 [40 U.S.C. 484 note].

In developing the Five-Year Plans required by this order, agencies shall 
strive to include tribal colleges in all aspects and activities related 
to the attainment of the participation goals described in Executive 
Order 12928, ``Promoting Procurement with Small Businesses Owned and 
Controlled by Socially and Economically Disadvantaged Individuals, 
Historically Black Colleges and Universities, and Minority 
Institutions'' [15 U.S.C. 631 note]. The Plans may also emphasize access 
to high-quality educational opportunity for economically disadvantaged 
Indian students; the preservation and revitalization of American Indian 
and Alaska Native languages and cultural traditions; innovative 
approaches to better link tribal colleges with early childhood, 
elementary, and secondary education programs; and the National Education 
Goals.
    (b) Submission. Each agency shall submit its Five-Year Plan to the 
White House Initiative Office. In consultation with the Board, the White 
House Initiative Office shall then review these Five-Year Plans and 
develop an integrated Five-Year Plan for Assistance to Tribal Colleges, 
which the Secretary shall review and submit to the President. The Five-
Year Plan for Assistance to Tribal Colleges may be revised within the 5-
year period.
    (c) Annual Performance Reports. Each agency shall submit to the 
White House Initiative Office an Annual Performance Report that shall 
measure each agency's performance against the objectives set forth in 
its Five-Year Plan. In consultation with the Board, the White House 
Initiative Office shall review and combine Annual Performance Reports 
into one annual report, which shall be submitted to the Secretary for 
review, in consultation with the Office of Management and Budget.
    Sec. 6. Private Sector. In cooperation with the Board, the White 
House Initiative Office shall encourage the private sector to assist 
tribal colleges through increased use of such strategies as: (a) 
matching funds to support increased endowments;
    (b) developing expertise and more effective ways to manage finance, 
improve information systems, build facilities, and improve course 
offerings; and
    (c) increasing resources for and training of faculty.
    Sec. 7. Termination. The Board shall terminate on September 30, 
1999, unless the Board is renewed by the President prior to that date.
    Sec. 8. Administration. (a) Compensation. Members of the Board shall 
serve without compensation, but shall be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by law for 
persons serving intermittently in Government service (5 U.S.C. 5701-
5707).
    (b) Funding. The Board and the Initiative shall be funded by the 
Department of Education.
    (c) Administrative Support. The Department of Education shall 
provide appropriate administrative services and staff support for the 
Board and the Initiative. With the consent of the Department of 
Education, other agencies participating in the Initiative shall provide 
administrative support to the White House Initiative Office consistent 
with statutory authority and shall make use of section 112 of title 3, 
United States Code, to detail agency employees to the extent permitted 
by law. The Board and the White House Initiative Office shall have a 
core staff and shall be supported at appropriate levels.
                                                     William J. Clinton.

 Extension of Term of President's Board of Advisors on Tribal Colleges 
                            and Universities

    Term of President's Board of Advisors on Tribal Colleges and 
Universities extended until Sept. 30, 2001, by Ex. Ord. No. 13138, Sept. 
30, 1999, 64 F.R. 53879, set out as a note under section 14 of the 
Federal Advisory Committee Act in the Appendix to Title 5, Government 
Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in sections 1616f, 1616h, 1665j, 1808, 
3210 of this title; title 20 sections 80q-8, 1059c, 1068a, 1085, 1131-1, 
2302, 2327.
