In general
Guidance
section 1059c of this titlesection 1087tt of this titleThe Secretary shall develop guidance, in consultation with Tribal Colleges and Universities (as defined in ) and the State higher education agency in Alaska and Maine, to implement the determination under subsection (a) without adding additional questions to the FAFSA, including through the use of the authority under .
Pub. L. 89–329, title IV, § 479CPub. L. 100–50, § 14(27)101 Stat. 353Pub. L. 102–325, title IV, § 471(a)106 Stat. 606Pub. L. 111–39, title IV, § 406(a)(5)123 Stat. 1949Pub. L. 116–260, div. FF, title VII, § 702(k)134 Stat. 3160(, as added , , ; amended , , ; , , ; , , .)
Editorial Notes
References in Text
Public Law 98–64Pub. L. 98–6497 Stat. 365section 117 of Title 25, referred to in subsec. (a)(1), is , , , commonly known as the Per Capita Act, which enacted sections 117a to 117c of Title 25, Indians, and repealed . For complete classification of this Act to the Code, see Tables.
Pub. L. 93–13487 Stat. 466section 1401(c) of Title 25The Indian Tribal Judgment Funds Use or Distribution Act, referred to in subsec. (a)(1), is , , , which is classified generally to chapter 16 (§ 1401 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see and Tables.
Pub. L. 92–20385 Stat. 688section 1601 of Title 43The Alaska Native Claims Settlement Act, referred to in subsec. (a)(2), is , , , which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 96–42094 Stat. 1785The Maine Indian Claims Settlement Act of 1980, referred to in subsec. (a)(2), is , , , which was classified generally to subchapter II (§ 1721 et seq.) of chapter 19 of Title 25, Indians, and was omitted from the Code as being of special and not general application.
Amendments
Pub. L. 116–2602020— amended section generally. Prior to amendment, text read as follows: “In determining family contributions for Native American students, computations performed pursuant to this part shall exclude—
Public Law 98–6425 U.S.C. 117a97 Stat. 36525 U.S.C. 1401“(1) any income and assets of $2,000 or less per individual payment received by the student (and spouse) and student’s parents under ( et seq.; ) (commonly known as the ‘Per Capita Act’) or the Indian Tribal Judgment Funds Use or Distribution Act ( et seq.); and
43 U.S.C. 160125 U.S.C. 1721“(2) any income received by the student (and spouse) and student’s parents under the Alaska Native Claims Settlement Act ( et seq.) or the Maine Indian Claims Settlement Act of 1980 ( et seq.).”
Pub. L. 111–39, § 406(a)(5)(A)Public Law 98–6425 U.S.C. 117a97 Stat. 36525 U.S.C. 14012009—Par. (1). , substituted “under ( et seq.; ) (commonly known as the ‘Per Capita Act’) or the Indian Tribal Judgment Funds Use or Distribution Act ( et seq.); and” for “under the Per Capita Act or the Distribution of Judgment Funds Act; and”.
Pub. L. 111–39, § 406(a)(5)(B)43 U.S.C. 160125 U.S.C. 1721Par. (2). , substituted “Alaska” for “Alaskan” and inserted “( et seq.)” after “Native Claims Settlement Act” and “of 1980 ( et seq.)” after “Maine Indian Claims Settlement Act”.
Pub. L. 102–3251992— amended section generally, reenacting provisions without change.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Pub. L. 116–260section 701(b) of Pub. L. 116–260section 1001 of this titleAmendment by effective , except as otherwise expressly provided, and applicable with respect to award year 2024–2025 and each subsequent award year, as determined under this chapter, see , set out as a note under .
Effective Date of 2009 Amendment
Pub. L. 111–39Pub. L. 110–315section 3 of Pub. L. 111–39section 1001 of this titleAmendment by effective as if enacted on the date of enactment of (), see , set out as a note under .
Effective Date of 1992 Amendment
Pub. L. 102–325section 471(b) of Pub. L. 102–325section 1087kk of this titleAmendment by applicable with respect to determinations of need under this part for award years beginning on or after , see , set out as a note under .
Effective Date
Pub. L. 99–498section 27 of Pub. L. 100–50section 1001 of this titleSection effective as if enacted as part of the Higher Education Amendments of 1986, , see , set out as an Effective Date of 1987 Amendment note under .