§ 640c–1. Authorization of appropriations

(a) Construction grants

(1) For the purpose of making construction grants under sections 640a to 640c–3 of this title, there are authorized to be appropriated such sums as are necessary for fiscal years 2009 through 2014.

(2) Sums appropriated pursuant to this subsection for construction shall, unless otherwise provided in appropriations Acts, remain available until expended.

(3) Sums described in paragraph (2) shall be used to provide grants for construction activities, including the construction of buildings, water and sewer facilities, roads, information technology and telecommunications infrastructure, classrooms, and external structures (such as walkways).

(b) Diné College grants

(1) There are authorized to be appropriated for grants to Diné College such sums as are necessary for fiscal years 2009 through 2014 to pay the cost of—

(A) the maintenance and operation of the College, including—

(i) basic, special, developmental, vocational, technical, and special handicapped education costs;

(ii) annual capital expenditures, including equipment needs, minor capital improvements and remodeling projects, physical plant maintenance and operation costs, and exceptions and supplemental need account; and

(iii) summer and special interest programs;

(B) major capital improvements, including internal capital outlay funds and capital improvement projects;

(C) mandatory payments, including payments due on bonds, loans, notes, or lease purchases;

(D) supplemental student services, including student housing, food service, and the provision of access to books and services; and

(E) improving and expanding the College, including by providing, for the Navajo people and others in the community of the College—

(i) higher education programs;

(ii) career and technical education;

(iii) activities relating to the preservation and protection of the Navajo language, philosophy, and culture;

(iv) employment and training opportunities;

(v) economic development and community outreach; and

(vi) a safe learning, working, and living environment.

(2) The Secretary shall make payments, pursuant to grants under this subsection, in advance installments of not less than 40 per centum of the funds available for allotment, based on anticipated or actual numbers of full-time equivalent Indian students or such other factors as determined by the Secretary. Adjustments for overpayments and underpayments shall be applied to the remainder of such funds and such remainder shall be delivered no later than July 1 of each year.

(c) Funding requirements

The Secretary of the Interior is authorized and directed to establish by rule procedures to insure that all funds appropriated under sections 640a to 640c–3 of this title are properly identified for grants to Diné College and that such funds are not commingled with appropriations historically expended by the Bureau of Indian Affairs for programs and projects normally provided on the Navajo Reservation for Navajo beneficiaries.

(Pub. L. 92–189, § 5, as added Pub. L. 95–471, title II, § 203(a), Oct. 17, 1978, 92 Stat. 1330; amended Pub. L. 96–374, title XIII, § 1351(a), (b), Oct. 3, 1980, 94 Stat. 1501; Pub. L. 98–192, § 14, Dec. 1, 1983, 97 Stat. 1343; Pub. L. 99–428, § 7, Sept. 30, 1986, 100 Stat. 983; Pub. L. 100–297, title V, § 5401, Apr. 28, 1988, 102 Stat. 414; Pub. L. 101–477, § 2(a), Oct. 30, 1990, 104 Stat. 1153; Pub. L. 102–325, title XIII, § 1301(d), July 23, 1992, 106 Stat. 797; Pub. L. 105–244, title IX, § 902, Oct. 7, 1998, 112 Stat. 1829; Pub. L. 110–315, title IX, § 946(d), Aug. 14, 2008, 122 Stat. 3468.)

Codification

Codification

Section was not enacted as part of act Apr. 19, 1950, ch. 92, 64 Stat. 44, which comprises this subchapter.

Amendments

Amendments

2008—Subsec. (a)(1). Pub. L. 110–315, § 946(d)(1)(A), substituted “such sums as are necessary for fiscal years 2009 through 2014” for “$2,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years”.

Subsec. (a)(3). Pub. L. 110–315, § 946(d)(1)(B), added par. (3).

Subsec. (b)(1). Pub. L. 110–315, § 946(d)(2)(A), in introductory provisions, substituted “Diné College” for “the Navajo Community College” and “such sums as are necessary for fiscal years 2009 through 2014 to pay the cost of—” for “, for each fiscal year, an amount necessary to pay expenses incurred for—”.

Subsec. (b)(1)(A). Pub. L. 110–315, § 946(d)(2)(B), substituted “College” for “college” in introductory provisions, semicolons for commas at end of cls. (i) and (iii), and “; and” for “, and” at end of cl. (ii).

Subsec. (b)(1)(B). Pub. L. 110–315, § 946(d)(2)(C), substituted semicolon for comma at end.

Subsec. (b)(1)(E). Pub. L. 110–315, § 946(d)(2)(D)–(F), added subpar. (E).

Subsec. (c). Pub. L. 110–315, § 946(d)(3), substituted “Diné College” for “the Navajo Community College”.

1998—Subsec. (a)(1). Pub. L. 105–244 substituted “1999” for “1993”.

1992—Subsec. (a)(1). Pub. L. 102–325 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “For the purpose of making construction grants under sections 640a to 640c–3 of this title, there are hereby authorized to be appropriated such sums as may be necessary for each of the fiscal years 1990, 1991, and 1992.”

1990—Subsec. (a)(1). Pub. L. 101–477 substituted “1990, 1991, and 1992” for “1987, 1988, 1989, and 1990”.

1988—Subsec. (b)(1). Pub. L. 100–297 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “There is further authorized to be appropriated for grants to the Navajo Community College, for each fiscal year beginning on or after October 1, 1979, an amount equal to the amount necessary for operation and maintenance of the college, including, but not limited to, administrative, academic, and operations and maintenance costs.”

1986—Subsec. (a)(1). Pub. L. 99–428, § 7(1), substituted “each of the fiscal years 1987, 1988, 1989, and 1990” for “the fiscal year beginning October 1, 1984, and for the three succeeding fiscal years”.

Subsec. (b)(1). Pub. L. 99–428, § 7(2), substituted “for each fiscal year” for “for any fiscal year”.

1983—Subsec. (a)(1). Pub. L. 98–192 substituted “October 1, 1984” for “October 1, 1979”.

1980—Subsec. (a)(1). Pub. L. 96–374, § 1351(a), substituted “three succeeding fiscal years” for “two succeeding fiscal years”.

Subsec. (b)(1). Pub. L. 96–374, § 1351(b), added par. (1). Former par. (1), which authorized an appropriation for the Navajo Community College of $4,000 for each full-time equivalent student which the Secretary estimated would be in attendance during the year, was struck out.

Subsec. (b)(2), (3). Pub. L. 96–374, § 1351(b), redesignated par. (3) as (2). Former par. (2), which placed an upper limit on grants under this subsection, was struck out.

Effective Date Of Amendment

Effective Date of 1998 Amendment

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.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–325 effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as a note under section 1001 of Title 20, Education.

Effective Date of 1988 Amendment

For effective date and applicability of amendment by Pub. L. 100–297, see section 6303 of Pub. L. 100–297, set out as a note under section 1071 of Title 20, Education.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–374 effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96–374, set out as a note under section 1001 of Title 20, Education.

Miscellaneous

Fiscal Year Beginning October 1, 1978

Pub. L. 95–471, title II, § 203(b), Oct. 17, 1978, 92 Stat. 1331, provided that nothing in title II of Pub. L. 95–471, the Navajo Community College Assistance Act of 1978, shall be deemed to authorize appropriations for the fiscal year beginning Oct. 1, 1978.

Definitions

Definitions

The definitions in section 1801 of this title apply to this section.