1. (a) Submission of applications; necessity of eligibility study Grants shall be made under this subchapter only in response to applications by tribally controlled colleges or universities. Such applications shall be submitted at such time, in such manner, and will contain or be accompanied by such information as the Secretary may reasonably require pursuant to regulations. Such application shall include a description of recordkeeping procedures for the expenditure of funds received under this chapter which will allow the Secretary to audit and monitor programs conducted with such funds. The Secretary shall not consider any grant application unless a ¹ eligibility study has been conducted under section 1806 of this title and it has been found that the applying college or university will service a reasonable student population.
2. (b) Determination of support; factors considered The Secretary shall consult with the Secretary of Education to determine the reasonable number of students required to support a tribally controlled college or university. Consideration shall be given to such factors as tribal and cultural differences, isolation, the presence of alternate education sources, and proposed curriculum.
3. (c) Priority and number of grants Priority in grants shall be given to institutions which are operating on October 17, 1978, and which have a history of service to the Indian people. In the first year for which funds are appropriated to carry out this section, the number of grants shall be limited to not less than eight nor more than fifteen.
4. (d) Consultation with national Indian organizations and tribal governments In making grants pursuant to this section, the Secretary shall, to the extent practicable, consult with national Indian organizations and with tribal governments chartering the institutions being considered.

(Pub. L. 95–471, title I, § 107, formerly § 106, Oct. 17, 1978, 92 Stat. 1327; Pub. L. 97–375, title I, § 108(c), Dec. 21, 1982, 96 Stat. 1820; renumbered § 107 and amended Pub. L. 98–192, §§ 3(b), 4(a)(1), (b)(2), 6(b), Dec. 1, 1983, 97 Stat. 1336, 1337; Pub. L. 105–244, title IX, § 901(b)(4)–(6), Oct. 7, 1998, 112 Stat. 1828.)

Editorial Notes

Amendments

1998—Pub. L. 105–244, § 901(b)(4), substituted “colleges or universities” for “community colleges” in section catchline.

Subsec. (a). Pub. L. 105–244, § 901(b)(5), (6), substituted “colleges or universities” for “community colleges” and “college or university” for “community college”.

Subsec. (b). Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college”.

1983—Subsec. (a). Pub. L. 98–192, § 6(b)(1), substituted “eligibility” for “feasibility”.

Pub. L. 98–192, § 4(b)(2), made a technical amendment to reference to section 1806 of this title to reflect renumbering of that section.

Pub. L. 98–192, § 3(b), inserted provision that such application include a description of the recordkeeping procedures for expenditure of funds as will allow Secretary to audit and monitor programs conducted with such funds.

Subsec. (b). Pub. L. 98–192, § 6(b)(2), substituted “Secretary of Education” for “Assistant Secretary of Education of the Department of Health, Education, and Welfare”.

1982—Subsec. (e). Pub. L. 97–375 struck out subsec. (e) which directed the Secretary to report to Congress on Jan. 15 of each year the current status of tribally controlled community colleges and his recommendations for needed action.

Statutory Notes and Related Subsidiaries

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.

¹ So in original. Probably should be “an”.