
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: 25USC1806]

 
                            TITLE 25--INDIANS
 
    CHAPTER 20--TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE
 
SUBCHAPTER I--TRIBALLY CONTROLLED COLLEGES OR UNIVERSITIES GRANT PROGRAM
 
Sec. 1806. Eligibility studies


(a) Development of plans, procedures, and criteria

    The Secretary is authorized to enter into an agreement with the 
Secretary of Education to assist the Bureau of Indian Affairs in 
developing plans, procedures, and criteria for conducting the 
eligibility studies required by this section. Such agreement shall 
provide for continuing technical assistance in the conduct of such 
studies.

(b) Initiation by Secretary; grant applications and budgets

    The Secretary, within thirty days after a request by any Indian 
tribe, shall initiate a \1\ eligibility study to determine whether there 
is justification to encourage and maintain a tribally controlled college 
or university, and, upon a positive determination, shall aid in the 
preparation of grant applications and related budgets which will insure 
successful operation of such an institution. Such a positive 
determination shall be effective for the fiscal year succeeding the 
fiscal year in which such determination is made.
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    \1\ So in original. Probably should be ``an''.
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(c) Source of appropriations

    Funds to carry out the purposes of this section for any fiscal year 
may be drawn from either--
        (1) general administrative appropriations to the Secretary made 
    after October 17, 1978 for such fiscal year; or
        (2) not more than 5 per centum of the funds appropriated to 
    carry out section 1807 of this title for such fiscal year.

(Pub. L. 95-471, title I, Sec. 106, formerly Sec. 105, Oct. 17, 1978, 92 
Stat. 1326; renumbered Sec. 106 and amended Pub. L. 98-192, 
Secs. 4(a)(1), (b)(1), 6(a), Dec. 1, 1983, 97 Stat. 1336, 1337; Pub. L. 
105-244, title IX, Sec. 901(b)(5), Oct. 7, 1998, 112 Stat. 1828.)


                               Amendments

    1998--Subsec. (b). Pub. L. 105-244 substituted ``college or 
university'' for ``community college''.
    1983--Subsec. (a). Pub. L. 98-192, Sec. 6(a)(2), (3), substituted 
``eligibility'' for ``feasibility'' and ``Secretary of Education'' for 
``Assistant Secretary of Education of the Department of Health, 
Education, and Welfare''.
    Subsec. (b). Pub. L. 98-192, Sec. 6(a)(2), (4), inserted provision 
that such positive determination be effective for fiscal year succeeding 
fiscal year in which such determination is made, and substituted 
``eligibility'' for ``feasibility''.
    Subsec. (c)(2). Pub. L. 98-192, Secs. 4(b)(1), 6(a)(5), substituted 
``5 per centum'' for ``10 per centum'' and made a technical amendment to 
reference to section 1807 of this title to reflect renumbering of that 
section.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1807, 1811 of this title.
