USC Subchapter IV

USC Subchapter IV
in effect

25 U.S.C. § 1861 Definition of tribally controlled postsecondary career and technical institution

In this subchapter, the term “tribally controlled postsecondary career and technical institution” has the meaning given the term in section 2302 of title 20.

25 U.S.C. § 1862 Tribally controlled postsecondary career and technical institutions program

(a) In generalSubject to the availability of appropriations, for fiscal year 2009 and each fiscal year thereafter, the Secretary shall—(1) subject to subsection (b), select two tribally controlled postsecondary career and technical institutions to receive assistance under this subchapter; and (2) provide funding to the selected tribally controlled postsecondary career and technical institutions to pay the costs (including institutional support costs) of operating postsecondary career and technical education programs for Indian students at the tribally controlled postsecondary career and technical institutions. (b) Selection of certain institutions(1) RequirementFor each fiscal year during which the Secretary determines that a tribally controlled postsecondary career and technical institution described in paragraph (2) meets the definition referred to in section 1861 of this title, the Secretary shall select that tribally controlled postsecondary career and technical institution under subsection (a)(1) to receive funding under this section. (2) InstitutionsThe two tribally controlled postsecondary career and technical institutions referred to in paragraph (1) are—(A) the United Tribes Technical College; and (B) the Navajo Technical College. (c) Method of paymentFor each applicable fiscal year, the Secretary shall provide funding under this section to each tribally controlled postsecondary career and technical institution selected for the fiscal year under subsection (a)(1) in a lump sum payment for the fiscal year. (d) Distribution(1) In generalFor fiscal year 2009 and each fiscal year thereafter, of amounts made available pursuant to section 1864 of this title, the Secretary shall distribute to each tribally controlled postsecondary career and technical institution selected for the fiscal year under subsection (a)(1) an amount equal to the greater of—(A) the total amount appropriated for the tribally controlled postsecondary career and technical institution for fiscal year 2006; or (B) the total amount appropriated for the tribally controlled postsecondary career and technical institution for fiscal year 2008. (2) Excess amountsIf, for any fiscal year, the amount made available pursuant to section 1864 of this title exceeds the sum of the amounts required to be distributed under paragraph (1) to the tribally controlled postsecondary career and technical institutions selected for the fiscal year under subsection (a)(1), the Secretary shall distribute to each tribally controlled postsecondary career and technical institution selected for that fiscal year a portion of the excess amount, to be determined by—(A) dividing the excess amount by the aggregate Indian student count (as defined in section 2327(h) of title 20) of such institutions for the prior academic year; and (B) multiplying the quotient described in subparagraph (A) by the Indian student count of each such institution for the prior academic year.

25 U.S.C. § 1863 Applicability of other laws

(a) In generalParagraphs (4) and (8) of subsection (a), and subsection (b), of section 1801 of this title, sections 1805, 1808, 1811, 1812 and 1813 of this title, subchapters II and III of this chapter, and title II 11 See References in Text note below. shall not apply to this subchapter. (b) Indian self-determination and education assistanceFunds made available pursuant to this subchapter shall be subject to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).1 (c) Election to receiveA tribally controlled postsecondary career and technical institution selected for a fiscal year under section 1862(b) of this title may elect to receive funds pursuant to section 1862 of this title in accordance with an agreement between the tribally controlled postsecondary career and technical institution and the Secretary under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)1 if the agreement is in existence on August 14, 2008. (d) Other assistanceEligibility for, or receipt of, assistance under this subchapter shall not preclude the eligibility of a tribally controlled postsecondary career and technical institution to receive Federal financial assistance under—(1) any program under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); (2) any program under the Carl D. Perkins Career and Technical Education Act of 2006 [20 U.S.C. 2301 et seq.]; or (3) any other applicable program under which a benefit is provided for—(A) institutions of higher education; (B) community colleges; or (C) postsecondary educational institutions.

25 U.S.C. § 1864 Authorization of appropriations

There are authorized to be appropriated such sums as are necessary for fiscal year 2009 and each fiscal year thereafter to carry out this subchapter.

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