Notes on 25 U.S.C. § 1801 : US Code - Notes

Search Notes on 25 U.S.C. § 1801 : US Code - Notes

(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."
EXECUTIVE ORDER NO. 13021
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, which established
the President's Board of Advisors on Tribal Colleges and
Universities and the White House Initiative on Tribal Colleges and
Universities in the Department of Education and required a Five-
Year Federal Plan regarding tribal colleges and universities, was
revoked by Ex. Ord. No. 13270, Sec. 10, July 3, 2002, 67 F.R.
45291, set out below.
EX. ORD. NO. 13270. TRIBAL COLLEGES AND UNIVERSITIES
Ex. Ord. No. 13270, July 3, 2002, 67 F.R. 45288, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, it is hereby ordered
as follows:
Section 1. Policy. There is a unique relationship between the
United States and Indian tribes, and a special relationship between
the United States and Alaska Native entities. It is the policy of
the Federal Government that this Nation's commitment to educational
excellence and opportunity must extend as well to the tribal
colleges and universities (tribal colleges) that serve Indian
tribes and Alaska Native entities. The President's Board of
Advisors on Tribal Colleges and Universities (the "Board") and the
White House Initiative on Tribal Colleges and Universities (WHITCU)
established by this order shall ensure that this national policy
regarding tribal colleges is carried out with direct accountability
at the highest levels of the Federal Government.
Tribal colleges are both integral and essential to their
communities. Often they are the only postsecondary institutions
within some of our Nation's poorest rural areas. They fulfill a
vital role: in maintaining and preserving irreplaceable languages
and cultural traditions; in offering a high-quality college
education to younger students; and in providing job training and
other career-building programs to adults and senior citizens.
Tribal colleges provide crucial services in communities that
continue to suffer high rates of unemployment and the resulting
social and economic distress.
The Federal Government's commitment to tribal colleges is
reaffirmed and the private sector can and should contribute to the
colleges' educational and cultural missions.
Finally, postsecondary institutions can play a vital role in
promoting excellence in early childhood, elementary, and secondary
education. The Federal Government will therefore work to implement
the innovations and reforms of the No Child Left Behind Act of 2001
(Public Law 107-110) [see Short Title of 2002 Amendment note set
out under 20 U.S.C. 6301] in partnership with tribal colleges and
their American Indian and Alaska Native communities.
Sec. 2. Definition of 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 Dine College, authorized in the Navajo
Community College Assistance Act of 1978, Public Law 95-471, title
II (25 U.S.C. 640a note).
Sec. 3. 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 (the "Board").
(b) Membership. The Board shall consist of not more than 15
members who shall be appointed by the President, one of whom shall
be designated by the President as Chair. The Board shall include
representatives of tribal colleges and 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.
(c) Functions. The Board shall provide advice regarding the
progress made by Federal agencies toward fulfilling the purposes
and objectives of this order. The Board also shall provide
recommendations to the President, through the Secretary of
Education (Secretary), on ways the Federal Government can help
tribal colleges:
(1) use long-term development, endowment building, and planning
to strengthen institutional viability;
(2) 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 implement the No Child Left Behind Act of 2001 [see
Short Title of 2002 Amendment note set out under 20 U.S.C. 6301]
and meet other high standards of educational achievement.
(d) Meetings. The Board shall meet at least annually, at the
request of the Secretary, to provide advice and consultation on
tribal colleges and relevant Federal and private-sector activities,
and to transmit reports and present recommendations.
Sec. 4. White House Initiative on Tribal Colleges and
Universities. There shall be established in the Department of
Education, Office of the Secretary, the White House Initiative on
Tribal Colleges and Universities (WHITCU). The WHITCU shall:
(a) provide the staff support for the Board;
(b) assist the Secretary in the role of liaison between the
executive branch and tribal colleges; and
(c) serve the Secretary in carrying out the Secretary's
responsibilities under this order.
Sec. 5. Department and Agency Participation. Each participating
executive department and agency (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. The official shall report
directly to the agency head, or to the agency head's designee, on
agency activity under this order and serve as liaison to the
WHITCU. To the extent permitted by law and regulation, each agency
shall provide appropriate information as requested by the WHITCU
staff pursuant to this order.
Sec. 6. Three-Year Federal Plan. (a) Content. Each agency
identified by the Secretary shall develop and implement a Three-
Year Plan of the agency's efforts to fulfill the purposes of this
order. These Three-Year Plans shall include annual performance
indicators and appropriate measurable objectives for the agency.
Among other relevant issues, the plans shall address how the agency
intends to increase the capacity of tribal colleges to compete
effectively for any available grants, contracts, cooperative
agreements, and any other Federal resources, and to encourage
tribal colleges to participate in Federal programs. The plans also
may emphasize access to high-quality educational opportunities for
economically disadvantaged Indian students, consistent with
requirements of the No Child Left Behind Act of 2001 [see Short
Title of 2002 Amendment note set out under 20 U.S.C. 6301]; the
preservation and revitalization of tribal languages and cultural
traditions; and innovative approaches to better link tribal
colleges with early childhood, elementary, and secondary education
programs. The agency's performance indicators and objectives should
be clearly reflected in the agency's annual budget submission to
the Office of Management and Budget. To facilitate the attainment
of these performance indicators and objectives, the head of each
agency identified by the Secretary, shall provide, as appropriate,
technical assistance and information to tribal colleges regarding
the program activities of the agency and the preparation of
applications or proposals for grants, contracts, or cooperative
agreements.
(b) Submission. Each agency shall submit its Three-Year Plan to
the WHITCU. In consultation with the Board, the WHITCU shall then
review these Three-Year Plans and develop an integrated Three-Year
Plan for Assistance to Tribal Colleges, which the Secretary shall
review and submit to the President. Agencies may revise their Three-
Year Plans within the three-year period.
(c) Annual Performance Reports. Each agency shall submit to the
WHITCU an Annual Performance Report that measures the agency's
performance against the objectives set forth in its Three-Year
Plan. In consultation with the Board, the WHITCU 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. 7. Private Sector. In cooperation with the Board, the WHITCU
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
finances, improve information systems, build facilities, and
improve course offerings; and
(c) increasing resources for and training of faculty.
Sec. 8. Termination. The Board shall terminate 2 years after the
date of this order unless the Board is renewed by the President
prior to the end of that 2-year period.
Sec. 9. 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 WHITCU 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 WHITCU. With the consent of the Department of
Education, other agencies participating in the WHITCU shall provide
administrative support (including detailees) to the WHITCU
consistent with statutory authority. The Board and the WHITCU each
shall have a staff and shall be supported at appropriate levels
commensurate with that of similar White House Initiative Offices.
(d) General Provisions. Insofar as the Federal Advisory Committee
Act, as amended (5 U.S.C. App.) (the "Act"), may apply to the
administration of any portion of this order, any functions of the
President under the Act, except that of reporting to the Congress,
shall be performed by the Secretary of Education in accordance with
the guidelines issued by the Administrator of General Services.
Sec. 10. Revocation. Executive Order 13021 of October 19, 1996,
as amended, is revoked.
George W. Bush.
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, formerly set out as a note under
section 14 of the Federal Advisory Committee Act in the Appendix to
Title 5, Government Organization and Employees.
Term of President's Board of Advisors on Tribal Colleges and
Universities extended until Sept. 30, 2003, by Ex. Ord. No. 13225,
Sept. 28, 2001, 66 F.R. 50291, formerly set out as a note under
section 14 of the Federal Advisory Committee Act in the Appendix to
Title 5.
Term of President's Board of Advisors on Tribal Colleges and
Universities extended until Sept. 30, 2005, by Ex. Ord. No. 13316,
Sept. 17, 2003, 68 F.R. 55255, formerly set out as a note under
section 14 of the Federal Advisory Committee Act in the Appendix to
Title 5.
Term of President's Board of Advisors on Tribal Colleges and
Universities extended until Sept. 30, 2007, by Ex. Ord. No. 13385,
Sept. 29, 2005, 70 F.R. 57989, set out as a note under section 14
of the Federal Advisory Committee Act in the Appendix to Title 5.
(!1) So in original. Probably should be section "1001(a)".
(!2) So in original. Probably should be "(5)".