This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 95–471, Oct. 17, 1978, 92 Stat. 1325, known as the Tribally Controlled Colleges and Universities Assistance Act of 1978, which enacted this chapter and former section 640c–1 of this title, amended former section 640c of this title, and enacted provisions set out as notes under this section and former sections 640a and 640c–1 of this title. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

The Alaskan Native Claims Settlement Act, referred to in subsec. (a)(2), probably means the Alaska Native Claims Settlement Act, Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, 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 section 1601 of Title 43 and Tables.

2008—Subsec. (a)(6). Pub. L. 110–315, § 941(a), substituted “in the fields of tribally controlled colleges and universities and Indian higher education” for “in the field of Indian education”.

Subsec. (a)(7) to (9). Pub. L. 110–315, § 941(b), added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively.

Subsec. (b). Pub. L. 110–315, § 941(c)(1), substituted “subsection (a)(8)” for “paragraph (7) of subsection (a)” in introductory provisions.

Subsec. (b)(5). Pub. L. 110–315, § 941(c)(2), added par. (5) and struck out former par. (5) which read as follows: “Credits earned in a continuing education program shall be converted to a credit-hour basis in accordance with the tribally controlled college or university’s system for providing credit for participation in such program.”

Subsec. (b)(6). Pub. L. 110–315, § 941(c)(3), struck out par. (6) which read as follows: “No credit hours earned by an Indian student who is not making satisfactory progress toward a degree or certificate shall be taken into account.”

1998—Subsec. (a)(4). Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college”.

Subsec. (a)(5). Pub. L. 105–244, § 102(a)(8)(B), substituted “section 1001” for “section 1141(a)”.

Subsec. (a)(7). Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college”.

Subsec. (b)(4). Pub. L. 105–244, § 901(b)(5), substituted “college or university” for “community college”.

Subsec. (b)(5). Pub. L. 105–244, § 901(b)(9), substituted “college or university’s” for “community college’s”.

1986—Subsec. (a)(8). Pub. L. 99–428, § 3(a), added par. (8).

Subsec. (b)(3) to (6). Pub. L. 99–428, § 3(b), added par. (3), redesignated former pars. (3) to (5) as (4) to (6), respectively, and in par. (6) struck out “, in accordance with the standards and practices of the appropriate accrediting agency or the institution at which the student is in attendance,” after “certificate”.

1983—Subsec. (a). Pub. L. 98–192, § 1(1), designated existing provisions as subsec. (a) and inserted introductory provision preceding par. (1).

Subsec. (a)(1). Pub. L. 98–192, § 1(2), struck out “and is eligible to receive services from the Secretary of the Interior” after “Indian tribe”.

Subsec. (a)(5). Pub. L. 98–192, § 1(3), inserted “and the reference to Secretary in clause (5)(A) of such section shall be deemed to refer to the Secretary of the Interior”.

Subsec. (a)(7). Pub. L. 98–192, § 1(4), substituted provision defining “Indian student count” to mean a number equal to the total number of Indian students enrolled in each tribally controlled community college, determined as consistent with subsec. (b) of this section on the basis of the quotient of the sum of the credit hours of all Indians so enrolled, divided by twelve for provision defining “full-time equivalent Indian student” to mean the number of Indians enrolled full-time and the full-time equivalent of the number of Indians enrolled part-time, determined on the basis of the quotient of the sum of the credit hours of all part-time students divided by twelve, calculated on the basis of registrations as in effect at the conclusion of the sixth week of an academic term.

Subsec. (b). Pub. L. 98–192, § 1(4), added subsec. (b).

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

Pub. L. 99–428, § 1, Sept. 30, 1986, 100 Stat. 982, provided that: “This Act [amending this section and sections 640c–1, 1808 to 1810, 1812, 1813, and 1836 of this title] may be cited as the ‘Tribally Controlled Community College Assistance Amendments of 1986’.”

Pub. L. 95–471, § 1, Oct. 17, 1978, 92 Stat. 1325, as amended by Pub. L. 105–244, title IX, § 901(b)(1), Oct. 7, 1998, 112 Stat. 1827; Pub. L. 110–315, title IX, § 941(k)(1), Aug. 14, 2008, 122 Stat. 3465, provided that: “This Act [enacting this chapter and section 640c–1 of this title, amending section 640c of this title, and enacting provisions set out as notes under sections 640a and 640c–1 of this title] may be cited as the ‘Tribally Controlled Colleges and Universities Assistance Act of 1978’.”

Pub. L. 95–471, title IV, § 401, as added by Pub. L. 101–392, title III, § 312, Sept. 25, 1990, 104 Stat. 804, provided that: “This title [enacting subchapter III of this chapter] may be cited as the ‘Tribal Economic Development and Technology Related Education Assistance Act of 1990’.”

Pub. L. 105–244, title IX, § 901(c), Oct. 7, 1998, 112 Stat. 1828, provided that:

Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828, provided that: “Any reference to a section or other provision of the Tribally Controlled Community College Assistance Act of 1978 shall be deemed to be a reference to the Tribally Controlled College or University Assistance Act of 1978 [now Tribally Controlled Colleges and Universities Assistance Act of 1978].”

Ex. Ord. No. 13021, Oct. 19, 1996, 61 F.R. 54929, as amended by Ex. Ord. No. 13104, Oct. 19, 1998, 63 F.R. 56535, which established the President’s Board of Advisors on Tribal Colleges and Universities and the White House Initiative on Tribal Colleges and Universities in the Department of Education and required a Five-Year Federal Plan regarding tribal colleges and universities, was revoked by Ex. Ord. No. 13270, § 10, July 3, 2002, 67 F.R. 45291, formerly set out below.

Ex. Ord. No. 13270, July 3, 2002, 67 F.R. 45288, which established the President’s Board of Advisors on Tribal Colleges and Universities and the White House Initiative on Tribal Colleges and Universities and required agencies to develop and submit plans for making certain improvements in tribal colleges and universities, was revoked by Ex. Ord. No. 13592, § 5(c), Dec. 2, 2011, 76 F.R. 76607, formerly set out as a note under section 7401 of Title 20, Education.

Ex. Ord. No. 13585, § 1(n), Sept. 30, 2011, 76 F.R. 62281, which extended term of President’s Board of Advisors on Tribal Colleges and Universities until Sept. 30, 2013, was revoked by Ex. Ord. No. 13592, § 5(c), Dec. 2, 2011, 76 F.R. 76607, formerly set out as a note under section 7401 of Title 20, Education.

Previous extensions of term of President’s Board of Advisors on Tribal Colleges and Universities were contained in the following prior Executive Orders:

Ex. Ord. No. 13511, Sept. 29, 2009, 74 F.R. 50909, extended term until Sept. 30, 2011.

Ex. Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175, extended term until Sept. 30, 2009.

Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, extended term until Sept. 30, 2007.

Ex. Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255, extended term until Sept. 30, 2005.

Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291, extended term until Sept. 30, 2003.

Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, extended term until Sept. 30, 2001.