---
kind: "section"
citation: "25 U.S.C. § 1862"
title: "25"
title_heading: "Indians"
number: "1862"
heading: "Tribally controlled postsecondary career and technical institutions program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/1862"
units:
  - "Chapter 20 — Tribally Controlled Colleges and Universities Assistance"
  - "Subchapter IV — Tribally Controlled Postsecondary Career and Technical Institutions"
---

# §1862. Tribally controlled postsecondary career and technical institutions program

- (a) **In general—** Subject to the availability of appropriations, for fiscal year 2009 and each fiscal year thereafter, the [Secretary](/usc/25/5130.md?p=1) shall—
  - (1) subject to [subsection (b)](#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](/usc/25/1801.md?p=a-7) at the tribally controlled postsecondary career and technical institutions.
- (b) **Selection of certain institutions—**
  - (1) **Requirement—** For each fiscal year during which the [Secretary](/usc/25/5130.md?p=1) determines that a tribally controlled postsecondary career and technical institution described in [paragraph (2)](#b-2) meets the definition referred to in [section 1861 of this title](/usc/25/1861.md), the [Secretary](/usc/25/5130.md?p=1) shall select that tribally controlled postsecondary career and technical institution under [subsection (a)(1)](#a-1) to receive funding under this section.
  - (2) **Institutions—** The two tribally controlled postsecondary career and technical institutions referred to in [paragraph (1)](#b-1) are—
    - (A) the United Tribes Technical College; and
    - (B) the Navajo Technical College.
- (c) **Method of payment—** For each applicable fiscal year, the [Secretary](/usc/25/5130.md?p=1) shall provide funding under this section to each tribally controlled postsecondary career and technical institution selected for the fiscal year under [subsection (a)(1)](#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](/usc/25/1864.md), the [Secretary](/usc/25/5130.md?p=1) shall distribute to each tribally controlled postsecondary career and technical institution selected for the fiscal year under [subsection (a)(1)](#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](/usc/25/1864.md) exceeds the sum of the amounts required to be distributed under [paragraph (1)](#d-1) to the tribally controlled postsecondary career and technical institutions selected for the fiscal year under [subsection (a)(1)](#a-1), the [Secretary](/usc/25/5130.md?p=1) 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](/usc/25/1801.md?p=a-8) (as defined in [section 2327(h) of title 20](/usc/20/2327.md?p=h)) of such institutions for the prior academic year; and
    - (B) multiplying the quotient described in [subparagraph (A)](#d-2-A) by the [Indian student count](/usc/25/1801.md?p=a-8) 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.)