25 U.S.C. § 1813 | Construction of new facilities

(a)

Grants

section 1812(a) of this titleWith respect to any tribally controlled college or university for which the report of the Secretary under identifies a need for new construction, the Secretary shall, subject to appropriations and on the basis of an application submitted in accordance with such requirements as the Secretary may prescribe by regulation, provide grants for such construction in accordance with this section.

(b)

Eligibility requirements

In order to be eligible for a grant under this section, a tribally controlled college or university—

(1)

must be a current recipient of grants under section 1805 or 1807 of this title, and

(2)

section 1001 of title 20 must be accredited by a nationally recognized accrediting agency listed by the Secretary of Education pursuant to the last sentence of , except that such requirement may be waived if the Secretary determines that there is a reasonable expectation that such college or university will be fully accredited within eighteen months. In any case where such a waiver is granted, grants under this section shall be available only for planning and development of proposals for construction.

(c)

Maximum amount of grant; waiver of restriction

(1)

section 13 of this title Except as provided in paragraph (2), grants for construction under this section shall not exceed 80 per centum of the cost of such construction, except that no tribally controlled college or university shall be required to expend more than $400,000 in fulfillment of the remaining 20 per centum. For the purpose of providing its required portion of the cost of such construction, a tribally controlled college or university may use funds provided under .

(2)

The Secretary may waive, in whole or in part, the requirements of paragraph (1) in the case of any tribally controlled college or university which demonstrates that neither such college or university nor the tribal government with which it is affiliated have sufficient resources to comply with such requirements. The Secretary shall base a decision on whether to grant such a waiver solely on the basis of the following factors: (A) tribal population; (B) potential student population; (C) the rate of unemployment among tribal members; (D) tribal financial resources; and (E) other factors alleged by the college or university to have a bearing on the availability of resources for compliance with the requirements of paragraph (1) and which may include the educational attainment of tribal members.

(d)

Failure to use facility in approved manner; title to vest in United States; settlement

If, within twenty years after completion of construction of a facility which has been constructed in whole or in part with a grant made available under this section—

(1)

the facility ceases to be used by the applicant in a public or nonprofit capacity as an academic facility, unless the Secretary determines that there is good cause for releasing the institution from this obligation, and

(2)

the tribe with which the applicant is affiliated fails to use the facility for a public purpose approved by the tribal government in furtherance of the general welfare of the community served by the tribal government,

section 13 of this titletitle to the facility shall vest in the United States and the applicant (or such tribe if such tribe is the successor in title to the facility) shall be entitled to recover from the United States an amount which bears the same ratio to the present value of the facility as the amount of the applicant’s contribution (excluding any funds provided under ) bore to the original cost of the facility. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is located.

(e)

Religious use

No construction assisted with funds under this section shall be used for religious worship or a sectarian activity or for a school or department of divinity.

(f)

“Construction” and “academic facilities” defined

For the purposes of this section—

(1)

1 See References in Text note below.

the term “construction” includes reconstruction or renovation (as such terms are defined in the first sentence of subparagraph (B) of section 1132e–1(2)  of title 20); and

(2)

¹ the term “academic facilities” has the meaning provided such term under section 1132e–1(1)  of title 20.

Pub. L. 95–471, title I, § 113Oct. 17, 197892 Stat. 1329 Pub. L. 98–192Dec. 1, 198397 Stat. 1336 Pub. L. 99–428, § 6(b)Sept. 30, 1986100 Stat. 983 Pub. L. 105–244, title I, § 102(a)(8)(C)Oct. 7, 1998112 Stat. 1619(, formerly § 112, , ; renumbered § 113 and amended , §§ 4(a)(1), 12, , , 1340; , , ; , title IX, § 901(b)(5), (7), (12), , , 1828.)

Editorial Notes

References in Text

Section 1132e–1 of title 20 Pub. L. 99–498, title VII, § 701Oct. 17, 1986100 Stat. 1520, referred to in subsec. (f), was omitted in the general revision of subchapter VII (§ 1132a et seq.) of chapter 28 of Title 20, Education, by , , .

Amendments

Pub. L. 105–244, § 901(b)(5)1998—Subsec. (a). , substituted “college or university” for “community college”.

Pub. L. 105–244, § 901(b)(5)Subsec. (b). , substituted “college or university” for “community college” in introductory provisions.

Pub. L. 105–244Subsec. (b)(2). , §§ 102(a)(8)(C), 901(b)(7), substituted “section 1001” for “section 1141(a)” and “such college or university” for “such college”.

Pub. L. 105–244, § 901(b)(5)Subsec. (c)(1). , substituted “college or university” for “community college” in two places.

Pub. L. 105–244, § 901(b)(5)Subsec. (c)(2). , (7), (12), in introductory provisions, substituted “controlled college or university” for “controlled community college” and “such college or university” for “such college” and, in subpar. (E), substituted “the college or university” for “the college”.

Pub. L. 99–4281986—Subsec. (a). substituted “Secretary under” for “Administrator of General Services under”.

Pub. L. 98–192Nov. 1, 19791983— amended section generally, substituting provision authorizing grants for construction of new facilities, establishing eligibility requirements for grants, maximum amounts of grants, waiver of amount restriction, results of failure to use facilities in an approved manner, and prohibition of religious use of such facilities, and defining “construction” and “academic facilities” for provision requiring Secretary of the Interior to conduct a detailed survey and study of academic facilities needs of tribally controlled community colleges and report to Congress not later than , the results of such survey and study.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Pub. L. 105–244Oct. 1, 1998Pub. L. 105–244 section 3 of Pub. L. 105–244 section 1001 of Title 20Amendment by effective , except as otherwise provided in , see , set out as a note under , Education.