§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.

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

Editorial Notes

Amendments

1998-Subsec. (b). Pub. L. 105–244 substituted "college or university" for "community college".

1983-Subsec. (a). Pub. L. 98–192, §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, §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, §§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.

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".