---
kind: "range"
citation: "20 U.S.C. §§ 1059c–1059g"
title: "20"
from: "1059c"
to: "1059g"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/20/1059c..1059g"
---

# §1059c. American Indian tribally controlled colleges and universities

- (a) **Program authorized—** The [Secretary](/usc/20/1003.md?p=17) shall provide grants and related assistance to Tribal Colleges and Universities to enable such institutions to improve and expand their capacity to serve [Indian](#b-1) students.
- (b) **Definitions—** In this section:
  - (1) **Indian—** The term “Indian” has the meaning given the term in [section 2](/usc/20/2.md) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 [[25 U.S.C. 1801](/usc/25/1801.md)].
  - (2) **Indian tribe—** The term “Indian tribe” has the meaning given the term in [section 2](/usc/20/2.md) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 [[25 U.S.C. 1801](/usc/25/1801.md)].
  - (3) **Tribal College or University—** The term “Tribal College or University” means an institution that—
    - (A) qualifies for funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ([25 U.S.C. 1801](/usc/25/1801.md) et seq.) or the Navajo Community College Act ([25 U.S.C. 640a](/usc/25/640a.md) note);[^1] or
    - (B) is cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ([7 U.S.C. 301](/usc/7/301.md) note).
  - (4) **Institution of higher education—** The term “[institution of higher education](/usc/20/1001.md?p=a)” means an [institution of higher education](/usc/20/1001.md?p=a) as defined in [section 1001(a) of this title](/usc/20/1001.md?p=a), except that [paragraph (2)](/usc/20/1001.md?p=a-2) of such section shall not apply.
- (c) **Authorized activities—**
  - (1) **In general—** Grants awarded under this section shall be used by Tribal Colleges or Universities to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve [Indian](#b-1) students.
  - (2) **Examples of authorized activities—** The activities described in [paragraph (1)](#c-1) may include—
    - (A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;
    - (B) construction, maintenance, renovation, and improvement in classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services, and the acquisition of real property adjacent to the campus of the institution on which to construct such facilities;
    - (C) support of faculty exchanges, faculty development, and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction or in tribal governance or tribal public policy;
    - (D) academic instruction in disciplines in which [Indians](#b-1) are underrepresented and instruction in tribal governance or tribal public policy;
    - (E) purchase of library books, periodicals, and other educational materials, including telecommunications program material;
    - (F) tutoring, counseling, and student service programs designed to improve academic success;
    - (G) education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ families;
    - (H) [funds](/usc/20/4702.md?p=3) management, administrative management, and acquisition of equipment for use in strengthening [funds](/usc/20/4702.md?p=3) management;
    - (I) joint use of facilities, such as laboratories and libraries;
    - (J) establishing or improving a development office to strengthen or improve contributions from alumni and the private sector;
    - (K) establishing or enhancing a program of teacher education designed to qualify students to teach in [elementary schools](/usc/20/1003.md?p=9) or [secondary schools](/usc/20/1003.md?p=16), with a particular emphasis on teaching [Indian](#b-1) children and youth, that shall include, as part of such program, preparation for teacher certification;
    - (L) establishing community outreach programs that encourage [Indian](#b-1) [elementary school](/usc/20/1003.md?p=9) and [secondary school](/usc/20/1003.md?p=16) students to develop the academic skills and the interest to pursue postsecondary education;
    - (M) developing or improving facilities for Internet use or other [distance education](/usc/20/1003.md?p=7-A) technologies; and
    - (N) other activities proposed in the application submitted pursuant to [subsection (d)](#d) that—
      - (i) contribute to carrying out the activities described in [subparagraphs (A) through (M)](#c-2-A..c-2-M); and
      - (ii) are approved by the [Secretary](/usc/20/1003.md?p=17) as part of the review and acceptance of such application.
  - (3) **Endowment fund—**
    - (A) **In general—** A [Tribal College or University](#b-3) may use not more than 20 percent of the grant [funds](/usc/20/4702.md?p=3) provided under this section to establish or increase an [endowment fund](/usc/20/1058.md?p=c) at the institution.
    - (B) **Matching requirement—** In order to be eligible to use grant [funds](/usc/20/4702.md?p=3) in accordance with [subparagraph (A)](#c-3-A), the [Tribal College or University](#b-3) shall provide matching [funds](/usc/20/4702.md?p=3), in an amount equal to the Federal [funds](/usc/20/4702.md?p=3) used in accordance with [subparagraph (A)](#c-3-A), for the establishment or increase of the [endowment fund](/usc/20/1058.md?p=c).
    - (C) **Comparability—** The provisions of part C regarding the establishment or increase of an [endowment fund](/usc/20/1058.md?p=c), that the [Secretary](/usc/20/1003.md?p=17) determines are not inconsistent with this paragraph, shall apply to [funds](/usc/20/4702.md?p=3) used under [subparagraph (A)](#c-3-A).
- (d) **Application, plan, and allocation—**
  - (1) **Institutional eligibility—** To be eligible to receive assistance under this section, a [Tribal College or University](#b-3) shall be an [eligible institution](/usc/20/1058.md?p=b) under [section 1058(b) of this title](/usc/20/1058.md?p=b).
  - (2) **Application—**
    - (A) **In general—** A [Tribal College or University](#b-3) desiring to receive assistance under this section shall submit an application to the [Secretary](/usc/20/1003.md?p=17) at such time, in such manner, and containing such information as the [Secretary](/usc/20/1003.md?p=17) may reasonably require.
    - (B) **Streamlined process—** The [Secretary](/usc/20/1003.md?p=17) shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section.
  - (3) **Awards and allocations to institutions—**
    - (A) **Construction grants—**
      - (i) **In general—** Of the amount appropriated to carry out this section for any fiscal year, the [Secretary](/usc/20/1003.md?p=17) may reserve 30 percent for the purpose of awarding one-year grants of not less than $1,000,000 to address construction, maintenance, and renovation needs at [eligible institutions](/usc/20/1058.md?p=b).
      - (ii) **Preference—** In providing grants under [clause (i)](#d-3-A-i) for any fiscal year, the [Secretary](/usc/20/1003.md?p=17) shall give preference to [eligible institutions](/usc/20/1058.md?p=b) that have not received an award under this section for a previous fiscal year.
    - (B) **Allotment of remaining funds—**
      - (i) **In general—** Except as provided in [clause (ii)](#d-3-B-ii), the [Secretary](/usc/20/1003.md?p=17) shall distribute the remaining [funds](/usc/20/4702.md?p=3) appropriated for any fiscal year to each [eligible institution](/usc/20/1058.md?p=b) as follows:
        - (I) 60 percent of the remaining appropriated [funds](/usc/20/4702.md?p=3) shall be distributed among the eligible Tribal Colleges and Universities on a pro rata basis, based on the respective [Indian](#b-1) student counts (as defined in [section 2(a)](/usc/20/2.md) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ([25 U.S.C. 1801(a)](/usc/25/1801.md?p=a))[^2] of the Tribal Colleges and Universities.
        - (II) The remaining 40 percent shall be distributed in equal shares to the eligible Tribal Colleges and Universities.
      - (ii) **Minimum grant—** The amount distributed to a [Tribal College or University](#b-3) under [clause (i)](#d-3-B-i) shall not be less than $500,000.
  - (4) **Special rules—**
    - (A) **Concurrent funding—** No [Tribal College or University](#b-3) that receives [funds](/usc/20/4702.md?p=3) under this section shall concurrently receive [funds](/usc/20/4702.md?p=3) under any other provision of this part, part B, or part A of subchapter V.
    - (B) **Exemption—** [Section 1059(d) of this title](/usc/20/1059.md?p=d) shall not apply to institutions that are eligible to receive [funds](/usc/20/4702.md?p=3) under this section.

# §1059d. Alaska Native and Native Hawaiian-serving institutions

- (a) **Program authorized—** The [Secretary](/usc/20/1003.md?p=17) shall provide grants and related assistance to [Alaska Native-serving institutions](#b-2) and [Native Hawaiian-serving institutions](#b-4) to enable such institutions to improve and expand their capacity to serve [Alaska Natives](#b-1) and [Native Hawaiians](#b-3).
- (b) **Definitions—** For the purpose of this section—
  - (1) the term “Alaska Native” has the meaning given the term in [section 7546 of this title](/usc/20/7546.md);
  - (2) the term “Alaska Native-serving institution” means an [institution of higher education](/usc/20/1001.md?p=a) that—
    - (A) is an [eligible institution](/usc/20/1058.md?p=b) under [section 1058(b) of this title](/usc/20/1058.md?p=b); and
    - (B) at the time of application, has an enrollment of undergraduate students that is at least 20 percent [Alaska Native](#b-1) students;
  - (3) the term “Native Hawaiian” has the meaning given the term in [section 7517 of this title](/usc/20/7517.md); and
  - (4) the term “Native Hawaiian-serving institution” means an [institution of higher education](/usc/20/1001.md?p=a) which—
    - (A) is an [eligible institution](/usc/20/1058.md?p=b) under [section 1058(b) of this title](/usc/20/1058.md?p=b); and
    - (B) at the time of application, has an enrollment of undergraduate students that is at least 10 percent [Native Hawaiian](#b-3) students.
- (c) **Authorized activities—**
  - (1) **Types of activities authorized—** Grants awarded under this section shall be used by [Alaska Native-serving institutions](#b-2) and [Native Hawaiian-serving institutions](#b-4) to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve [Alaska Natives](#b-1) or [Native Hawaiians](#b-3).
  - (2) **Examples of authorized activities—** Such programs may include—
    - (A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;
    - (B) renovation and improvement in classroom, library, laboratory, and other instructional facilities;
    - (C) support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction;
    - (D) curriculum development and academic instruction;
    - (E) purchase of library books, periodicals, microfilm, and other educational materials;
    - (F) [funds](/usc/20/4702.md?p=3) and administrative management, and acquisition of equipment for use in strengthening [funds](/usc/20/4702.md?p=3) management;
    - (G) joint use of facilities such as laboratories and libraries;
    - (H) academic tutoring and counseling programs and student support services; and
    - (I) education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ families.
- (d) **Application process—**
  - (1) **Institutional eligibility—** Each [Alaska Native-serving institution](#b-2) and [Native Hawaiian-serving institution](#b-4) desiring to receive assistance under this section shall submit to the [Secretary](/usc/20/1003.md?p=17) such enrollment data as may be necessary to demonstrate that the institution is an [Alaska Native-serving institution](#b-2) or a [Native Hawaiian-serving institution](#b-4) as defined in [subsection (b)](#b), along with such other information and data as the [Secretary](/usc/20/1003.md?p=17) may by regulation require.
  - (2) **Applications—** Any institution which is determined by the [Secretary](/usc/20/1003.md?p=17) to be an [Alaska Native-serving institution](#b-2) or a [Native Hawaiian-serving institution](#b-4) may submit an application for assistance under this section to the [Secretary](/usc/20/1003.md?p=17). The [Secretary](/usc/20/1003.md?p=17) shall, to the extent possible, prescribe a simplified and streamlined format for such applications that takes into account the limited number of institutions that are eligible for assistance under this section. Such application shall include—
    - (A) a 5-year plan for improving the assistance provided by the [Alaska Native-serving institution](#b-2) or the [Native Hawaiian-serving institution](#b-4) to [Alaska Native](#b-1) or [Native Hawaiian](#b-3) students; and
    - (B) such other information and assurance as the [Secretary](/usc/20/1003.md?p=17) may require.
  - (3) **Special rules—**
    - (A) **Eligibility—** No Alaskan Native-serving institution or [Native Hawaiian-serving institution](#b-4) that receives [funds](/usc/20/4702.md?p=3) under this section shall concurrently receive [funds](/usc/20/4702.md?p=3) under other provisions of this part or part B.
    - (B) **Exemption—** [Section 1059(d) of this title](/usc/20/1059.md?p=d) shall not apply to institutions that are eligible to receive [funds](/usc/20/4702.md?p=3) under this section.
    - (C) **Distribution—** In awarding grants under this section, the [Secretary](/usc/20/1003.md?p=17) shall, to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all [eligible institutions](/usc/20/1058.md?p=b).

# §1059e. Predominantly Black Institutions

- (a) **Purpose—** It is the purpose of this section to assist [Predominantly Black Institutions](#b-6) in expanding educational opportunity through a program of Federal assistance.
- (b) **Definitions—** In this section:
  - (1) **Eligible institution—** The term “eligible institution” means an [institution of higher education](/usc/20/1001.md?p=a) that—
    - (A) has an enrollment of needy undergraduate students;
    - (B) has an average educational and general expenditure that is low, per full-time equivalent undergraduate student, in comparison with the average educational and general expenditure per full-time equivalent undergraduate student of institutions that offer similar instruction, except that the [Secretary](/usc/20/1003.md?p=17) may apply the waiver requirements described in [section 1068a(b) of this title](/usc/20/1068a.md?p=b) to this subparagraph in the same manner as the [Secretary](/usc/20/1003.md?p=17) applies the waiver requirements to [section 1058(b)(1)(B) of this title](/usc/20/1058.md?p=b-1-B);
    - (C) has an enrollment of undergraduate students that is not less than 40 percent Black American students;
    - (D) is legally authorized to provide, and provides, within the [State](#b-7) an educational program for which the [institution of higher education](/usc/20/1001.md?p=a) awards a baccalaureate degree or, in the case of a [junior or community college](/usc/20/1058.md?p=f), an associate’s degree;
    - (E) is accredited by a nationally recognized accrediting agency or association determined by the [Secretary](/usc/20/1003.md?p=17) to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation; and
    - (F) is not receiving assistance under—
      - (i) part B;
      - (ii) part A of subchapter V; or
      - (iii) an annual authorization of appropriations under the Act of March 2, 1867 (14 Stat. 438; [20 U.S.C. 123](/usc/20/123.md)).
  - (2) **Enrollment of needy students—** The term “enrollment of needy students” means the enrollment at an [eligible institution](#b-1) with respect to which not less than 50 percent of the undergraduate students enrolled in an academic program leading to a degree—
    - (A) in the second fiscal year preceding the fiscal year for which the determination is made, were Federal [Pell Grant recipients](/usc/20/1061.md?p=3) for such year;
    - (B) come from families that receive benefits under a [means-tested Federal benefit program](#b-5);
    - (C) attended a public or [nonprofit](/usc/20/1003.md?p=13) private [secondary school](/usc/20/1003.md?p=16) that—
      - (i) is in the [school](/usc/20/5802.md?p=a-11) district of a [local educational agency](/usc/20/1003.md?p=11) that was eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6311](/usc/20/6311.md) et seq.] for any year during which the student attended such [secondary school](/usc/20/1003.md?p=16); and
      - (ii) for the purpose of this paragraph and for such year of attendance, was determined by the [Secretary](/usc/20/1003.md?p=17) (pursuant to regulations and after consultation with the [State educational agency](/usc/20/1003.md?p=20) of the [State](#b-7) in which the [school](/usc/20/5802.md?p=a-11) is located) to be a [school](/usc/20/5802.md?p=a-11) in which the enrollment of children meeting a measure of poverty under section 1113(a)(5) of such Act [[20 U.S.C. 6313(a)(5)](/usc/20/6313.md?p=a-5)] exceeds 30 percent of the total enrollment of such [school](/usc/20/5802.md?p=a-11); or
    - (D) are [first-generation college students](#b-3) and a majority of such [first-generation college students](#b-3) are [low-income individuals](/usc/20/1058.md?p=g).
  - (3) **First-generation college student—** The term “first-generation college student” has the meaning given the term in [section 1070a–11(h) of this title](/usc/20/1070a–11.md?p=h).
  - (4) **Low-income individual—** The term “[low-income individual](/usc/20/1058.md?p=g)” has the meaning given such term in [section 1070a–11(h) of this title](/usc/20/1070a–11.md?p=h).
  - (5) **Means-tested Federal benefit program—** The term “means-tested Federal benefit program” means a program of the Federal Government, other than a program under subchapter IV, in which eligibility for the program’s benefits, or the amount of such benefits, are determined on the basis of income or resources of the individual or family seeking the benefit.
  - (6) **Predominantly Black Institution—** The term “Predominantly Black Institution” means an [institution of higher education](/usc/20/1001.md?p=a), as defined in [section 1001(a) of this title](/usc/20/1001.md?p=a)—
    - (A) that is an [eligible institution](#b-1) with not less than 1,000 undergraduate students;
    - (B) at which not less than 50 percent of the undergraduate students enrolled at the [eligible institution](#b-1) are [low-income individuals](/usc/20/1058.md?p=g) or [first-generation college students](#b-3); and
    - (C) at which not less than 50 percent of the undergraduate students are enrolled in an educational program leading to a bachelor’s or associate’s degree that the [eligible institution](#b-1) is licensed to award by the [State](#b-7) in which the [eligible institution](#b-1) is located.
  - (7) **State—** The term “State” means each of the 50 States and the District of Columbia.
- (c) **Grant authority—**
  - (1) **In general—** The [Secretary](/usc/20/1003.md?p=17) is authorized to award grants, from allotments under [subsection (e)](#e), to [Predominantly Black Institutions](#b-6) to enable the [Predominantly Black Institutions](#b-6) to carry out the authorized activities described in [subsection (d)](#d).
  - (2) **Priority—** In awarding grants under this section the [Secretary](/usc/20/1003.md?p=17) shall give priority to [Predominantly Black Institutions](#b-6) with large numbers or percentages of students described in subsections[^1] (b)(1)(A) or (b)(1)(C). The level of priority given to [Predominantly Black Institutions](#b-6) with large numbers or percentages of students described in [subsection (b)(1)(A)](#b-1-A) shall be twice the level of priority given to [Predominantly Black Institutions](#b-6) with large numbers or percentages of students described in [subsection (b)(1)(C)](#b-1-C).
- (d) **Authorized activities—**
  - (1) **Required activities—** Grant [funds](/usc/20/4702.md?p=3) provided under this section shall be used—
    - (A) to assist the [Predominantly Black Institution](#b-6) to plan, develop, undertake, and implement programs to enhance the institution’s capacity to serve more low- and middle-income Black American students;
    - (B) to expand higher education opportunities for students eligible to participate in programs under subchapter IV by encouraging college preparation and student persistence in [secondary school](/usc/20/1003.md?p=16) and postsecondary education; and
    - (C) to strengthen the financial ability of the [Predominantly Black Institution](#b-6) to serve the academic needs of the students described in subparagraphs [(A)](#d-1-A) and [(B)](#d-1-B).
  - (2) **Additional activities—** Grant [funds](/usc/20/4702.md?p=3) provided under this section shall be used for one or more of the following activities:
    - (A) The activities described in paragraphs (1) through (12) of [section 1057(c) of this title](/usc/20/1057.md?p=c).
    - (B) Academic instruction in disciplines in which Black Americans are underrepresented.
    - (C) Establishing or enhancing a program of teacher education designed to qualify students to teach in a public [elementary school](/usc/20/1003.md?p=9) or [secondary school](/usc/20/1003.md?p=16) in the [State](#b-7) that shall include, as part of such program, preparation for teacher certification or licensure.
    - (D) Establishing community outreach programs that will encourage [elementary school](/usc/20/1003.md?p=9) and [secondary school](/usc/20/1003.md?p=16) students to develop the academic skills and the interest to pursue postsecondary education.
    - (E) Other activities proposed in the application submitted pursuant to [subsection (f)](#f) that—
      - (i) contribute to carrying out the purpose of this section; and
      - (ii) are approved by the [Secretary](/usc/20/1003.md?p=17) as part of the review and approval of an application submitted under [subsection (f)](#f).
  - (3) **Endowment fund—**
    - (A) **In general—** A [Predominantly Black Institution](#b-6) may use not more than 20 percent of the grant [funds](/usc/20/4702.md?p=3) provided under this section to establish or increase an [endowment fund](/usc/20/1058.md?p=c) at the institution.
    - (B) **Matching requirement—** In order to be eligible to use grant [funds](/usc/20/4702.md?p=3) in accordance with [subparagraph (A)](#d-3-A), a [Predominantly Black Institution](#b-6) shall provide matching [funds](/usc/20/4702.md?p=3) from non-Federal sources, in an amount equal to or greater than the Federal [funds](/usc/20/4702.md?p=3) used in accordance with [subparagraph (A)](#d-3-A), for the establishment or increase of the [endowment fund](/usc/20/1058.md?p=c).
    - (C) **Comparability—** The provisions of part C, regarding the establishment or increase of an [endowment fund](/usc/20/1058.md?p=c), that the [Secretary](/usc/20/1003.md?p=17) determines are not inconsistent with this subsection, shall apply to [funds](/usc/20/4702.md?p=3) used under [subparagraph (A)](#d-3-A).
  - (4) **Limitation—** Not more than 50 percent of the grant [funds](/usc/20/4702.md?p=3) provided to a [Predominantly Black Institution](#b-6) under this section may be available for the purpose of constructing or maintaining a classroom, library, laboratory, or other instructional facility.
- (e) **Allotments to Predominantly Black Institutions—**
  - (1) **Federal Pell Grant basis—** From the amounts appropriated to carry out this section for any fiscal year, the [Secretary](/usc/20/1003.md?p=17) shall allot to each [Predominantly Black Institution](#b-6) having an application approved under [subsection (f)](#f) a sum that bears the same ratio to one-half of that amount as the number of Federal [Pell Grant recipients](/usc/20/1061.md?p=3) in attendance at such institution at the end of the academic year preceding the beginning of that fiscal year, bears to the total number of Federal [Pell Grant recipients](/usc/20/1061.md?p=3) at all such institutions at the end of such academic year.
  - (2) **Graduates basis—** From the amounts appropriated to carry out this section for any fiscal year, the [Secretary](/usc/20/1003.md?p=17) shall allot to each [Predominantly Black Institution](#b-6) having an application approved under [subsection (f)](#f) a sum that bears the same ratio to one-fourth of that amount as the number of graduates for such academic year at such institution, bears to the total number of graduates for such academic year at all such institutions.
  - (3) **Graduates seeking a higher degree basis—** From the amounts appropriated to carry out this section for any fiscal year, the [Secretary](/usc/20/1003.md?p=17) shall allot to each [Predominantly Black Institution](#b-6) having an application approved under [subsection (f)](#f) a sum that bears the same ratio to one-fourth of that amount as the percentage of graduates from such institution who are admitted to and in attendance at, not later than two years after graduation with an associate’s degree or a baccalaureate degree, a baccalaureate degree-granting institution or a graduate or professional [school](/usc/20/5802.md?p=a-11) in a degree program in disciplines in which Black American students are underrepresented, bears to the percentage of such graduates for all such institutions.
  - (4) **Minimum allotment—**
    - (A) **In general—** Notwithstanding paragraphs [(1)](#e-1), [(2)](#e-2), and [(3)](#e-3), the amount allotted to each [Predominantly Black Institution](#b-6) under this section may not be less than $250,000.
    - (B) **Insufficient amount—** If the amounts appropriated to carry out this section for a fiscal year are not sufficient to pay the minimum allotment provided under [subparagraph (A)](#e-4-A) for the fiscal year, then the amount of such minimum allotment shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allotment shall be increased on the same basis as the allotment was reduced until the amount allotted equals the minimum allotment required under [subparagraph (A)](#e-4-A).
  - (5) **Reallotment—** The amount of a [Predominantly Black Institution](#b-6)’s allotment under paragraph [(1)](#e-1), [(2)](#e-2), [(3)](#e-3), or [(4)](#e-4) for any fiscal year that the [Secretary](/usc/20/1003.md?p=17) determines will not be needed for such institution for the period for which such allotment is available, shall be available for reallotment to other [Predominantly Black Institutions](#b-6) in proportion to the original allotments to such other institutions under this section for such fiscal year. The [Secretary](/usc/20/1003.md?p=17) shall reallot such amounts from time to time, on such date and during such period as the [Secretary](/usc/20/1003.md?p=17) determines appropriate.
- (f) **Applications—** Each [Predominantly Black Institution](#b-6) desiring a grant under this section shall submit an application to the [Secretary](/usc/20/1003.md?p=17) at such time, in such manner, and containing or accompanied by such information as the [Secretary](/usc/20/1003.md?p=17) may reasonably require.
- (g) **Application review process—** [Section 1068b of this title](/usc/20/1068b.md) shall not apply to applications under this section.
- (h) **Duration and carryover—** Any grant [funds](/usc/20/4702.md?p=3) paid to a [Predominantly Black Institution](#b-6) under this section that are not expended or used for the purposes for which the [funds](/usc/20/4702.md?p=3) were paid within ten years following the date on which the grant was awarded, shall be repaid to the Treasury.
- (i) **Special rule on eligibility—** No [Predominantly Black Institution](#b-6) that receives [funds](/usc/20/4702.md?p=3) under this section shall concurrently receive [funds](/usc/20/4702.md?p=3) under any other provision of this part, part B, or part A of subchapter V.

# §1059f. Native American-serving, nontribal institutions

- (a) **Program authorized—** The [Secretary](/usc/20/1003.md?p=17) shall provide grants and related assistance to [Native American-serving, nontribal institutions](#b-2) to enable such institutions to improve and expand their capacity to serve [Native Americans](#b-1) and [low-income individuals](/usc/20/1058.md?p=g).
- (b) **Definitions—** In this section:
  - (1) **Native American—** The term “Native American” means an individual who is of a tribe, people, or culture that is indigenous to the United States.
  - (2) **Native American-serving, nontribal institution—** The term “Native American-serving, nontribal institution” means an [institution of higher education](/usc/20/1001.md?p=a), as defined in [section 1001(a) of this title](/usc/20/1001.md?p=a), that, at the time of application—
    - (A) is an [eligible institution](/usc/20/1058.md?p=b) under [section 1058(b) of this title](/usc/20/1058.md?p=b);
    - (B) has an enrollment of undergraduate students that is not less than 10 percent [Native American](#b-1) students; and
    - (C) is not a Tribal College or University (as defined in [section 1059c of this title](/usc/20/1059c.md)).
- (c) **Authorized activities—**
  - (1) **Types of activities authorized—** Grants awarded under this section shall be used by [Native American-serving, nontribal institutions](#b-2) to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve [Native Americans](#b-1) and [low-income individuals](/usc/20/1058.md?p=g).
  - (2) **Examples of authorized activities—** Such programs may include—
    - (A) the purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;
    - (B) renovation and improvement in classroom, library, laboratory, and other instructional facilities;
    - (C) support of faculty exchanges, and faculty development and faculty fellowships to assist faculty in attaining advanced degrees in the faculty’s field of instruction;
    - (D) curriculum development and academic instruction;
    - (E) the purchase of library books, periodicals, microfilm, and other educational materials;
    - (F) [funds](/usc/20/4702.md?p=3) and administrative management, and acquisition of equipment for use in strengthening [funds](/usc/20/4702.md?p=3) management;
    - (G) the joint use of facilities such as laboratories and libraries;
    - (H) academic tutoring and counseling programs and student support services; and
    - (I) education or counseling services designed to improve the financial and economic literacy of students or the students’ families.
- (d) **Application process—**
  - (1) **Institutional eligibility—** A [Native American-serving, nontribal institution](#b-2) desiring to receive assistance under this section shall submit to the [Secretary](/usc/20/1003.md?p=17) such enrollment data as may be necessary to demonstrate that the institution is a [Native American-serving, nontribal institution](#b-2), along with such other information and data as the [Secretary](/usc/20/1003.md?p=17) may reasonably require.
  - (2) **Applications—**
    - (A) **Authority to submit applications—** Any institution that is determined by the [Secretary](/usc/20/1003.md?p=17) to be a [Native American-serving, nontribal institution](#b-2) may submit an application for assistance under this section to the [Secretary](/usc/20/1003.md?p=17).
    - (B) **Simplified and streamlined format—** The [Secretary](/usc/20/1003.md?p=17) shall, to the extent possible, continue to prescribe a simplified and streamlined format for applications under this section that takes into account the limited number of institutions that are eligible for assistance under this section.
    - (C) **Content—** An application submitted under [subparagraph (A)](#d-2-A) shall include—
      - (i) a five-year plan for improving the assistance provided by the [Native American-serving, nontribal institution](#b-2) to [Native Americans](#b-1) and [low-income individuals](/usc/20/1058.md?p=g); and
      - (ii) such other information and assurances as the [Secretary](/usc/20/1003.md?p=17) may reasonably require.
  - (3) **Special rules—**
    - (A) **Eligibility—** No [Native American-serving, nontribal institution](#b-2) that receives [funds](/usc/20/4702.md?p=3) under this section shall concurrently receive [funds](/usc/20/4702.md?p=3) under any other provision of this part, part B, or part A of subchapter V.
    - (B) **Exemption—** [Section 1059(d) of this title](/usc/20/1059.md?p=d) shall not apply to institutions that are eligible to receive [funds](/usc/20/4702.md?p=3) under this section.
    - (C) **Distribution—** In awarding grants under this section, the [Secretary](/usc/20/1003.md?p=17) shall, to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all [eligible institutions](/usc/20/1058.md?p=b).
    - (D) **Minimum grant amount—** The minimum amount of a grant under this section shall be $200,000.

# §1059g. Asian American and Native American Pacific Islander-serving institutions

- (a) **Program authorized—** The [Secretary](/usc/20/1003.md?p=17) shall provide grants and related assistance to [Asian American and Native American Pacific Islander-serving institutions](#b-2) to enable such institutions to improve and expand their capacity to serve [Asian Americans](#b-1) and [Native American Pacific Islanders](#b-3) and [low-income individuals](/usc/20/1058.md?p=g).
- (b) **Definitions—** In this section:
  - (1) **Asian American—** The term “Asian American” has the meaning given the term “Asian” in the Office of Management and Budget’s Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity as published on October 30, 1997 (62 Fed. Reg. 58789).
  - (2) **Asian American and Native American Pacific Islander-serving institution—** The term “Asian American and Native American Pacific Islander-serving institution” means an [institution of higher education](/usc/20/1001.md?p=a) that—
    - (A) is an [eligible institution](/usc/20/1058.md?p=b) under [section 1058(b) of this title](/usc/20/1058.md?p=b); and
    - (B) at the time of application, has an enrollment of undergraduate students that is not less than 10 percent students who are [Asian American](#b-1) or [Native American Pacific Islander](#b-3).
  - (3) **Native American Pacific Islander—** The term “Native American Pacific Islander” means any descendant of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States.
- (c) **Authorized activities—**
  - (1) **Types of activities authorized—** Grants awarded under this section shall be used by [Asian American and Native American Pacific Islander-serving institutions](#b-2) to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve [Asian Americans](#b-1) and [Native American Pacific Islanders](#b-3) and [low-income individuals](/usc/20/1058.md?p=g).
  - (2) **Examples of authorized activities—** Such programs may include—
    - (A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;
    - (B) renovation and improvement in classroom, library, laboratory, and other instructional facilities;
    - (C) support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty’s field of instruction;
    - (D) curriculum development and academic instruction;
    - (E) purchase of library books, periodicals, microfilm, and other educational materials;
    - (F) [funds](/usc/20/4702.md?p=3) and administrative management, and acquisition of equipment for use in strengthening [funds](/usc/20/4702.md?p=3) management;
    - (G) joint use of facilities such as laboratories and libraries;
    - (H) academic tutoring and counseling programs and student support services;
    - (I) establishing community outreach programs that will encourage [elementary school](/usc/20/1003.md?p=9) and [secondary school](/usc/20/1003.md?p=16) students to develop the academic skills and the interest to pursue postsecondary education;
    - (J) establishing or improving an [endowment fund](/usc/20/1058.md?p=c);
    - (K) academic instruction in disciplines in which [Asian Americans](#b-1) and [Native American Pacific Islanders](#b-3) are underrepresented;
    - (L) conducting research and data collection for [Asian American](#b-1) and [Native American Pacific Islander](#b-3) populations and subpopulations;
    - (M) establishing partnerships with community-based organizations serving [Asian Americans](#b-1) and [Native American Pacific Islanders](#b-3); and
    - (N) education or counseling services designed to improve the financial and economic literacy of students or the students’ families.
- (d) **Application process—**
  - (1) **Institutional eligibility—** Each [Asian American and Native American Pacific Islander-serving institution](#b-2) desiring to receive assistance under this section shall submit to the [Secretary](/usc/20/1003.md?p=17) such enrollment data as may be necessary to demonstrate that the institution is an [Asian American and Native American Pacific Islander-serving institution](#b-2) as defined in [subsection (b)](#b), along with such other information and data as the [Secretary](/usc/20/1003.md?p=17) may reasonably require.
  - (2) **Applications—** Any institution that is determined by the [Secretary](/usc/20/1003.md?p=17) to be an [Asian American and Native American Pacific Islander-serving institution](#b-2) may submit an application for assistance under this section to the [Secretary](/usc/20/1003.md?p=17). Such application shall include—
    - (A) a five-year plan for improving the assistance provided by the [Asian American and Native American Pacific Islander-serving institution](#b-2) to [Asian American](#b-1) and [Native American Pacific Islander](#b-3) students and [low-income individuals](/usc/20/1058.md?p=g); and
    - (B) such other information and assurances as the [Secretary](/usc/20/1003.md?p=17) may reasonably require.
  - (3) **Special rules—**
    - (A) **Eligibility—** No [Asian American and Native American Pacific Islander-serving institution](#b-2) that receives [funds](/usc/20/4702.md?p=3) under this section shall concurrently receive [funds](/usc/20/4702.md?p=3) under any other provision of this part, part B, or subchapter V.
    - (B) **Exemption—** [Section 1059(d) of this title](/usc/20/1059.md?p=d) shall not apply to institutions that are eligible to receive [funds](/usc/20/4702.md?p=3) under this section.
    - (C) **Distribution—** In awarding grants under this section, the [Secretary](/usc/20/1003.md?p=17) shall—
      - (i) to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all [eligible institutions](/usc/20/1058.md?p=b); and
      - (ii) give priority consideration to institutions for which not less than 10 percent of such institution’s [Asian American](#b-1) and [Native American Pacific Islander](#b-3) students are [low-income individuals](/usc/20/1058.md?p=g).