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foundation that is exempt from taxation and is maintained for
(A) any Federal capital contributions made from funds appropriated under section 306;
(B) a capital contribution by such college or university in an amount (or of a value) equal to half of the amount of each Federal capital contribution; and
(C) any earnings of the funds so deposited; (3) provides that such funds will be deposited in such a manner as to insure the accumulation of interest thereon at a rate not less than that generally available for similar funds deposited at the banking or savings institution for the same period or periods of time;
(4) provides that, if at any time such college or university withdraws any capital contribution made by that college or university, an amount of Federal capital contribution equal to twice the amount of (or value of) such withdrawal shall be withdrawn and returned to the Secretary for reallocation to other colleges or universities;
(5) provides that no part of the net earnings of such trust fund will inure to the benefit of any private person; and
(6) includes such other provisions as may be necessary to protect the financial interest of the United States and promote the purpose of this title and as are agreed to by the Secretary and the college or university, including a description of recordkeeping procedures for the expenditure of accumulated interest which will allow the Secretary to audit and monitor programs and activities conducted with such interest.
USE OF FUNDS SEC. 303. [25 U.S.C. 1833] Interest deposited, pursuant to section 302(b)(2)(C), in the trust fund of any tribally controlled college or university may be periodically withdrawn and used, at the discretion of such college or university, to defray any expenses associated with the operation of such college or university, including expense of operations and maintenance, administration, academic and support personnel, community and student services programs, and technical assistance.
COMPLIANCE WITH MATCHING REQUIREMENT SEC. 304. [25 U.S.C. 1834] For the purpose of complying with the contribution requirement of section 302(b)(2)(B), a tribally controlled college or university may use funds which are available from any private or tribal source. Any real or personal property received by a tribally controlled college or university as a donation or gift on or after the date of the enactment of this sentence may, to the extent of its fair market value as determined by the Secretary, be used by such college or university as its contribution pursuant to section 302(b)(2)(B), or as part of such contribution, as the case may be. In any case in which any such real or personal property so used is thereafter sold or otherwise disposed of by such college or university, the proceeds therefrom shall be deposited pursuant to section 302(b)(2)(B) but shall not again be considered for Federal capital contribution purposes.
ALLOCATION OF FUNDS SEC. 305. [25 U.S.C. 1835] (a) From the amount appropriated pursuant to section 306, the Secretary shall allocate to each tribally controlled college or university which is eligible for an endowment grant under this title an amount for a Federal capital contribution equal to twice the value of the property or the amount which such college or university demonstrates has been placed within the control of, or irrevocably committed to the use of, the college or university and is available for deposit as a capital contribution of that college or university in accordance with section 302(b)(2)(B), except that the maximum amount which may be so allocated to any such college or university for any fiscal year shall not exceed $750,000.
(b) If for any fiscal year the amount appropriated pursuant to section 306 is not sufficient to allocate to each tribally controlled college or university an amount equal to twice the value of the property or the amount demonstrated by such college or university pursuant to subsection (a), then the amount of the allocation to each such college or university shall be ratably reduced.
AUTHORIZATION OF APPROPRIATIONS SEC. 306. [25 U.S.C. 1836] (a) There are authorized to be appropriated to carry out the provisions of this title, $10,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years.
(b) Any funds appropriated pursuant to subsection (a) are authorized to remain available until expended.
TITLE IV-TRIBAL ECONOMIC DEVELOPMENT SEC. 401. (25 U.S.C. 1801 note] SHORT TITLE.
This title may be cited as the "Tribal Economic Development and Technology Related Education Assistance Act of 1990". SEC. 402. [25 U.S.C. 1851) GRANTS AUTHORIZED. (a) GENERAL AUTHORITY.—The Secretary is authorized, subject to the availability of appropriations, to make grants to tribally controlled colleges or universities which receive grants under either this Act or the Navajo Community College Act for the establishment and support of tribal economic development and education institutes. Each program conducted with assistance under a grant under this subsection shall include at least the following activities:
(1) Determination of the economic development needs and potential of the Indian tribes involved in the program, including agriculture and natural resource needs.
(2) Development of consistent courses of instruction to prepare postsecondary students, tribal officials and others to meet the needs defined under paragraph (1). The development of such courses may be coordinated with secondary institutions to the extent practicable.
(3) The conduct of vocational courses, including administrative expenses and student support services.
(4) Technical assistance and training to Federal, tribal and community officials and business managers and planners deemed necessary by the institution to enable full implementation of, and benefits to be derived from, the program developed under paragraph (1).
(5) Clearinghouse activities encouraging the coordination of, and providing a point for the coordination of, all vocational activities (and academically related training) serving all students of the Indian tribe involved in the grant.
(6) The evaluation of such grants and their effect on the needs developed under paragraph (1) and tribal economic selfsufficiency.
(b) AMOUNT AND DURATION.--The grants shall be of such amount and duration as to afford the greatest opportunity for success and the generation of relevant data.
(c) APPLICATIONS.—Institutions which receive funds under other titles of this Act or the Navajo Community College Act may apply for grants under this title either individually or as consortia. Each applicant shall act in cooperation with an Indian tribe or tribes in developing and implementing a grant under this part. SEC. 403. [25 U.S.C. 1852) AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under this title, $2,000,000 for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years.
Higher Education Amendments of 1992
TITLE XIII—INDLAN HIGHER
PART A-TRIBALLY CONTROLLED COMMUNITY
SEC. 1301. REAUTHORIZATION OF THE TRIBALLY CONTROLLED COM
MUNITY COLLEGES ACT. (a) GENERAL AUTHORIZATION.-Section 110(a) of the Tribally Controlled Community College Assistance Act of 1978 (hereafter in this section referred to as the “Act”) (25 U.S.C. 1810(a)) is amended to read as follows:
[Text as amended printed earlier in this volume.)
(b) ENDOWMENT GRANTS.-Section 306(a) of the Act (25 U.S.C. 1836(a)) is amended to read as follows:
[Text as amended printed earlier in this volume.]
(c) ECONOMIC DEVELOPMENT.-Section 403 of the Act (25 U.S.C. 1852) is amended to read as follows:
[Text as amended printed earlier in this volume.)
(d) NAVAJO COMMUNITY COLLEGES.—Section 5(a)(1) of the Navajo Community College Act of 1978 (25 U.S.C. 640c-1(a)(1)) is amended to read as follows:
[Text as amended printed earlier in this volume.)
PART B_HIGHER EDUCATION TRIBAL GRANT
SEC. 1311. (25 U.S.C. 3301) SHORT TITLE.
This part may be cited as the “Higher Education Tribal Grant Authorization Act”.
SEC. 1312. [25 U.S.C. 3302) FINDINGS.
(1) there are increasing numbers of Indian students qualifying for postsecondary education, and there are increasing numbers desiring to go to postsecondary institutions;
(2) the needs of these students far outpace the resources available currently;
(3) Indian tribes have shown an increasing interest in administering programs serving these individuals and making decisions on these programs reflecting their determinations of the tribal and human needs;
(4) the contracting process under the Indian Self-Determination and Education Assistance Act has provided a mechanism for the majority of the tribes to assume control over this program from the Bureau of Indian Affairs;
(5) however, inherent limitations in the contracting philosophy and mechanism, coupled with cumbersome administrative procedures developed by the Bureau of Indian Affairs have effectively limited the efficiency and effectiveness of these programs;
(6) the provision of these services in the most effective and efficient form possible is necessary for tribes, the country, and the individuals to be served; and
(7) these services are part of the Federal Government's continuing trust responsibility to provide education services to
American Indian and Alaska Natives.
(a) IN GENERAL.—The Secretary shall, from the amounts appropriated for the purpose of supporting higher education grants for Indian students under the authority of the Act of November 2, 1921, popularly known as the Snyder Act (25 U.S.C. 13), make grants to Indian tribes in accordance with the requirements of this part to permit those tribes to provide financial assistance to individual Indian students for the cost of attendance at institutions of higher education.
(b) LIMITATION ON SECRETARY'S AUTHORITY.—The Secretary shall not place any restrictions on the use of funds provided to an Indian tribe under this part that is not expressly authorized by this part.
(c) EFFECT ON FEDERAL RESPONSIBILITIES.—The provisions of this part shall not affect any trust responsibilities of the Federal Government.
(d) No TERMINATION FOR ADMINISTRATIVE CONVENIENCE.— Grants provided under this part may not be terminated, modified, suspended, or reduced only for the convenience of the administering agency SEC. 1314. (25 U.S.C. 3304) QUALIFICATION FOR GRANTS TO TRIBES.
(a) CONTRACTING TRIBES.—Any Indian tribe that obtains funds for educational purposes similar to those authorized in this part pursuant to contract under the Indian Self-Determination and Education Assistance Act may qualify for a grant under this part by submitting to the Secretary a notice of intent to administer a student assistance program under section 1313. Such notice shall be