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

submitted 18 years ago by Pub. L. 95-471 to r/title-25-INDIANS · 436 words · no verdicts yet

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Subject to appropriations, from fiscal year 2009 onward the Secretary selects two tribally controlled postsecondary career and technical institutions and funds their programs for Indian students. The section names the institutions and sets lump-sum and minimum/excess distribution rules.

(a) General rule. If money is available, for fiscal year 2009 and every later fiscal year the Secretary must, subject to subsection (b), select two tribally controlled postsecondary career and technical institutions for assistance and fund their postsecondary career and technical programs for Indian students, including institutional support costs. (b) Required selections. (1) For each year in which the Secretary decides that an institution in paragraph (2) meets the definition referred to in section 1861, the Secretary must select it under subsection (a)(1). (2) The two institutions are (A) United Tribes Technical College and (B) Navajo Technical College. (c) Payment. For each applicable year, the Secretary must pay each selected institution’s funding in one lump sum for that year. (d) Distribution. (1) In fiscal year 2009 and later, from section 1864 money, each selected institution receives the greater of its total appropriation for fiscal year 2006 or its total appropriation for fiscal year 2008. (2) If money available exceeds the sum of those amounts, the Secretary distributes the excess according to prior-year Indian student counts: first divide the excess by the institutions’ combined count, then multiply that result by each institution’s count. “Indian student count” is defined in section 2327(h) of title 20, not here.

the actual law source: uscode.house.gov ↗public domain

(a) In general

Subject 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) Requirement

For 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) Institutions

The 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.

For 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 general

For 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 amounts

If, 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.

Source credit: (Pub. L. 95–471, title V, § 502, as added Pub. L. 110–315, title IX, § 941(j)(1), Aug. 14, 2008, 122 Stat. 3463.)

history & why it existsrecord from the source credit

2008Enacted · Pub. L. 95-471 · 122 Stat. 3463

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-471 on 2008-08-14.

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