S. 1215 (95th): Tribally Controlled Community College Assistance Act
PUBLIC LAW 95-471—OCT. 17, 1978 92 STAT. 1325 Public Law 95-471 95th Congress An Act To provide for grants to tribally controlled community colleges, and for other Oct. 17, 1978 purposes. [S. 1215] Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assemhled, That this Act may Tribally be cited as the "Tribally Controlled Community College Assistance Controlled Act of 1978". Community DEFINITIONS College Assistance Act of (1) "Indian" means a person who is a member of an Indian 1978. tribe and is eligible to receive services from the Secretary of the 25 u s e 1801 note. Interior; 25 u s e 1801. (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, 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 Secre- tary of the Interior; (4) "tribally controlled community college" means an institu- tion 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 insti- tution shall be recognized with respect to any such tribe; (5) "institution of higher education" means an institution of higher education as defined by section 1201 (a) of the Higher Edu- cation Act of 1965, except that clause (2) of such section shall not 20 USC 1141 be applicable ; (6) "national Indian organization" means an organization which the Secretary finds is nationally based, represents a sub- stantial Indian constituency, and has expertise in the field of Indian education; and (7) "full-time equivalent Indian student" means 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) in each tribally controlled commu- nity college, calculated on the basis of registrations as in effect at the conclusion of the sixth week of an academic term. T I T L E I—TRIBALLY CONTROLLED COMMUNITY COLLEGES PURPOSE SEC. 101. It is the purpose of this title to provide grants for the 25 USC 1802. operation and improvement of tribally controlled community colleges to insure continued and expanded educational opportunities for Indian students.
92 STAT. 1326 PUBLIC LAW 95-471—OCT. 17, 1978 OKANTKS AUTUOIUZP:D 25 use 1803. SEC. 102. (a) The Secretaiy is authoiized to make grants pursuant to this title to tribally controlled community colleges to aid in the post- secondary education of Indian students. (b) Grants made pursuant to this title shall go into the general operating funds of the institution to defray the expense of activities related to education programs for Indian students. Funds provided pursuant to this title shall not be used in connection with religious worship or sectarian instruction. ELIGIBLE ORANT RECIPIENTS f 25 use 1804. SEC. 103. To be eligible for assistance under this title, a tribally con- trolled community college must be one which— (1) is govei-ned by a board of directors or board of trustees a majority of which are Indians; .tea J (2) demonstrates adherence to stated goals, a philosophy, or a plan of operation which is directed to meet the needs of Indians; and (3) if in operation for more than one year, has students a majority of whom are Indians. TECHNICAL ASSISTANCE CONTRACTS 25 use 1805. SEC. 104. The Secretary shall provide, upon request, technical assist- ance to tribally controlled community colleges either directly or through contract. In the awarding of contracts for technical assistance, preference shall be given to an organization designated by the tribally controlled community college to be assisted. No authority to enter into contracts provided by this section shall be effective except to the extent authorized in advance by appropriations Acts. ,. ... FEASIBILITY STUDIES Agreement. SEC. 105. (a) The Secr-etary is authorized to enter into an agreement 25 use 1806. with the Assistant Secretary of Education of the Department of Health, Education, and Welfare to assist the Bureau of Indian Affairs in developing plans, procedures, and criteria for conducting the feasi- bility studies required by this section. Such agreement shall provide for continuing technical assistance in the conduct of such studies. Feasibility (b) The Secretary, within thirty days after a request by any Indian study, tribe, shall initiate a feasibility study to determine whether there is justification to encourage and maintain a tribally controlled commu- nity college, and, upon a positive determination, shall aid in the prepa- ration of grant applications and related budgets which will insure successful operation of such an institution. (c) 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 the date of enactment of this Act for such fiscal year; or (2) not more than 10 per centum of the funds appropriated to .SOBi i:; i €•• > carry out section 106 for such fiscal year.
PUBLIC LAW 95-471—OCT. 17, 1978 92 STAT. 1327 GRANTS TO TRIBAI.LY CONTROLLED COMMUNITY COLLEGES SEC. 106. (a) Grants shall be made under this title only in response 25 USC 1807. to applications by tribally controlled community colleges. Such appli- cations 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. The Secretary shall not consider any grant application unless a feasibility study has been con- ducted under section 105 and it has been found that the applying community college will service a reasonable student population. (b) The Secretary shall consult with the Assistant Secretary of Education of the Department of Health, Education, and Welfare to ' determine the reasonable number of students required to support a tribally controlled community college. Consideration shall be given to such factors as tribal and cultural differences, isolation, the pres- ence of alternate education sources, and proposed curriculum. (c) Priority in grants shall be given to institutions which are oper- ating on the date of enactment of this Act 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. (d) 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. (e) The Secretary shall report to Congress on January 15 of each Report to year the current status of tribally controlled community colleges and Congress, his recommendations for needed action. AMOUNT OF GRANTS SEC. 107. (a) Except as provided in section 110, the Secretary shall, 25 USC 1808. for each academic year, grant to each tribally controlled community college having an application approved by him, an amount equal to $4,000 for each full-time equivalent Indian student in attendance at such college during such academic year, as determined by the Secre- tary in accordance with such regulations as he may prescribe, except that no grant shall exceed the total annual cost of the education pro- gram provided by such college. (b) The Secretary shall make payments, pursuant to grants under this title, in advance installments of not less than 40 per centum of the funds available for allotment, based on anticipated or actual numbers of full-time equivalent Indian students or such other factors as deter- mined by the Secretary. Adjustments for overpayments and under- paynients shall be applied to the remainder of such funds and such remainder shall be delivered no later than July 1 of each year. (c) (1) Each institution receiving payments under this title shall annually provide to the Secretary an accurate and detailed accounting of its operating and maintenance expenses and such other information concerning costs as the Secretary may request. (2) The Secretary shall, in consultation with the National Center for Education Statistics, establish a data collection system for the purpose of obtaining accurate information with respect to the needs and costs of operation and maintenance of tribally controlled community col- leges. The Secretary shall report annually to the Congress on such Report to needs. Congress.
92 STAT. 1328 PUBLIC LAW 95-471—OCT. 17, 1978 • •! ^ i EFFECT ON OTHER PROGRAMS ' 25 use 1809. SEC. 108. Except as specifically provided in this title, eligibility for assistance under this title shall not, by itself, preclude the eligibility of any tribally controlled college to receive Federal financial assistance 20 use 1001 under any program authorized under- the Higher Pxlucation Act of note. 1965 or any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions. APPROPRIATIONS AUTHORIZED • ' ;' ' 25 use 1810. SEC. 109. (a) (1) There are authorized to be appropriated, for carry- ing out section 106, $25,000,000 for each of the fiscal years beginning October 1,1979, and October 1,1980, and $30,000,000 for the fiscal year beginning October 1, 1981. (2) There are authorized to be appropriated $3,200,000 for each of such three fiscal years, for the provision of technical assistance pur- suant to section 104. (b) Unless otherwise provided in appropriations Acts, frmds appro- priated pursuant to this section shall remain available until expended. (c) Nothing in this title shall be deemed to authordze appropriations for the fiscal year beginning October-1,1978. GRANT ADJUSTMENTS 25 use 1811. SEC. 110. (a) If the sums appropriated for any fiscal year for grants > .j:=f under this title are not sufficient to pay in full the total amouirts which approved grant applicants are eligible to receive under this title for that fiscal year, the amounts which such applicarrts are eligible to receive under this title for such fiscal year shall be ratably reduced. In case additional funds become available for making such payments for « i i i .'! the same fiscal year, such reduced amounts shall be increased on the same basis as they were reduced. Sums appropriated in excess of the amount necessary to pay in full such total eligible amounts shall be allocated by ratably increasing such total eligible amounts. (b) In any fiscal year in which the amounts for which grant recipi- ents are eligible to receive have been r-educed irnder the first sentence of subsection (a) of this section, and in which additional funds have not been made available to pay in full the total of such amounts uirder the second sentence of such subsection, each grantee shall report to the Secretary any unused portion of received funds ninety days prior to the grant expiration date. The amounts so reported b^ any grant recip- ient shall be made available for reallocation to eligible grantees on a basis proportionate to the amount which is unfunded as a result of the ratable reduction, but no grant recipient shall receive, as a result of such reallocation, more than the amount provided for under section 106(a) of this title. r?EP()RT ON CURRENT FACILITIES Report to SEC 111. The Secretary shall, not later than ninety days after the eongress. date of enactment of this Act, prepare and submit a report to the 25 use 1812. Congress containing a survey of existing and planned physical facil- ities of tribally controlled community colleges, including in his report a survey of Bureau of Indian Affairs existing and planned facilities ,.;,,> which may be used for tribally controlled community colleges without disruption of current Bureau programs.
PUBLIC LAW 95-471—OCT. 17, 1978 92 STAT. 1329 HTUDY o r r A C l L I T l E S NEEDS SEC. 112. The Secretary shall conduct a detailed survey and study of 25 USC 1813. the academic facilities needs of tribally controlled community colleges and shall report to the Congress not later than November 1, 1979, the results of such survey and study. Such report shall include any recom- mendations or views submitted by the governing body of any such cx)llege and by the goveniing body of the tribe, and shall include detailed recommendations by the Secretaiy as to the number, type, and cost of academic facilities wliich are requii-ed, ranking each such rexjuired facility by relative need. M : I 8 C E L U \ N E O U S PKOVISIOXS SEC. 113. (a) The Navajo Tribe shall not be eligible to participate 25 USC 1814. under the provisions of this title. (b) (1) The Secretary shall not provide any funds to any institu- tion which denies admission to any Indian student because such indi- vidual is not a member of a specific Indian tribe, or which denies admission to any Indian student because such individual is a member of a specific tribe. (2) The Secretary shall take steps to recover any unexpended and unobligated funds provided under this title held by an institution determined to be in violation of paragraph (1). RUIZES AND REGULATIONS SEC. 114. (a) Within four months from the date of enactment of 25 USC 1815. this Act, the Secretary shall, to the extent practicable, consult with national Indian organizations to consider and formulate appropriate rules and regulations for the conduct of the grant program established by this title. (b) Within six months from the date of enactment of this Act, Publication in the Secretary shall publish proposed rules and regulations in the Federal Register. Federal Register for the pui-pose of receiving comments from inter- ested parties. (c) Within ten months from the date of enactment of this Act, the Secretary shall promulgate rules and regulations for the conduct of the grant program established by this title. (d) Funds to carry out the purposes of this section may be drawn from general administrative appropriations to the Secretary made after the date of enactment of this Act. T I T L E II—NAVAJO COMMUNITY COLLEGE Navajo Community ' SHORTTiaLE ); ! College Assistance SEC. 201. This title may be cited as the "Navajo Community College Act of 1978. t^^KZAVr^ ssistance Act of 1978'( -^ ^ 25 USC 640a note. CONGRESSIONAL FINDINGS SEC. 202. The Congress after careful study and deliberation, finds 25 USC 640a that— note. (1) the Navajo Tribe constitutes the largest American Indian tribe in the United States:
92 STAT. 1330 PUBLIC LAW 95-471—OCT. 17, 1978 (2) the Navajo Tribe has, through its duly constituted tribal . f^. _,,, _ council and representatives, established a community college '^' ' ' ' within the boundaries of the reservation; (3) the population of the Xavajo Tribe and the best area of the Navajo reservation requires that the Navajo Community College expand to better serve the needs of such population: and (4) the Congress has already recognized the need for this institution by the passage of the Navajo Community College Act. AMEXDMEXT • - " i • ^ • -' •'.</> SEC. 203. (a) The Navajo Community College Act (25 U.S.C. 640c) is amended by striking out section 4 and inserting in lieu thereof the following: ''STUDY OF FACILITIES NEEDS Report to " S E C . 4. (a) The Secretary shall conduct a detailed survey and study Congress. of ^j^g academic facilities needs of the Navajo Community College, and 25 u s e 640c. shall report to the Congress not later than August 1. 1979, the results of such survey and study. Such report shall include any recommenda- tions or views submitted by the governing body of such College and by the governing body of the Navajo tribe, and shall include detailed recommendations by the Secretary as to the number, type, and cost of academic facilities which are required, ranking each such required facility by relative need. " ( b ) F u n d s to carry out the purposes of this section may be drawn from general administrative appropriations to the Secretary made :;; ' i-'i after the date of enactment of the Tribally Controlled Community College Assistance Act of 1978. '• ' "AUTHORIZATION OF APPROPRIATIONS ' ' '; 25 u s e 640c-l. " S E C . 5. ( a ) ( 1 ) F o r the purpose of making construction grants under this Act, there are hereby authorized to be appropriated such sums as may be necessary for the fiscal 3'ear beginning October 1, 1979. and for the two succeeding fiscal years. " ( 2 ) Sums appropriated pursuant to this subsection for construc- tion shall, unless otherwise provided in appropriations Acts, remain available until expended. " ( b ) (1) There is further authorized to be appropriated for grants to the Navajo Community College, for any fiscal year beginning on or after October 1, 1979, for operation and maintenance of the college, an amount equal to $4,000 for each full-time equivalent I n d i a n student (determined in accordance with section 2(7) of the Tribally Controlled Community College Assistance Act of 1978) which the Secretary of the Interior estimates will be in attendance at such college during such year. " (2) No g r a n t under this subsection shall exceed— " ( A ) $4,000 for each such full-time equivalent Indian student in actual attendance at such college; or "CB) the total annual cost of the education program provided by such college, " ' ' ~ whichever is less. " ( 3 ) The Secretary shall make payments, pursuant to grants under this subsection, in advance installments of not less than 40 per centum of the funds available for allotment, based on anticipated or actual numbers of full-time equivalent I n d i a n students or such other fac-
PUBLIC LAW 95-471—OCT. 17, 1978 92 STAT. 1331 tors as determined by the Secretary. Adjustments for overpayments and underpayments shall be applied to the remainder of such funds and such remainder shall be delivered no later than July 1 of each year. "(c) The Secretary of the Interior is authorized and directed to establish by rule procedures to insure that all funds appropriated under " this Act are properly identified for grants to the Navajo Community College and that such funds are not commingled with appropriations historically expended by the Bureau of Indian Affairs for programs and projects normally provided on the Navajo Reservation for Navajo beneficiaries.". (b) Nothing in this title or in the amendment made by this title 25 USC 640c-l shall be deemed to authorize appropriations for the fiscal year begin- note, ning October 1,1978. Approved October 17, 1978. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1558 accompanying H.R. 9158 (Comm. on Education and Labor). SENATE REPORT No. 95-582 (Comm. on Indian Affairs). CONGRESSIONAL RECORD: VoL 123 (1977): Nov. 4, considered and passed Senate. Vol 124 (1978): Sept. 26, H.R. 9158 considered and passed House; passage vacated and S. 1215, amended, passed in lieu. Oct. 3, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: • Vol. 14, No. 42 (1978): Oct. 17, Presidential statement.