Page:United States Statutes at Large Volume 97.djvu/1372

 97 STAT. 1340 PUBLIC LAW 98-192—DEC. 1, 1983 25 USC 1813. section 742(2) of the Higher Education Act of 1965 (20 U.S.C. 1132e-l(2)(B)).". SEC. 12. Section 113 of the Act (as redesignated by section 4(a)(l) of this Act) is amended to read as follows: Grants. Ante, p. 1339. Ante, pp. 1336, 1337. Accreditation. Waiver. Waiver. CONSTRUCTION OF NEW FACILITIES "SEC. 113. (a) With respect to any tribally controlled community college for which the report of the Administrator of General Serv- ices under section 112(a) of this Act identifies a need for new construction, the Secretary shall, subject to appropriations and on the basis of an application submitted in accordance with such requirements as the Secretary may prescribe by regulation, provide grants for such construction in accordance with this section. "(b) In order to be eligible for a grant under this section, a tribally controlled community college— "(1) must be a current recipient of grants under section 105 or 107, and "(2) must be accredited by a nationally recognized accrediting agency listed by the Secretary of Education pursuant to the last sentence of section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)), except that such requirement may be waived if the Secretary determines that there is a reasonable expecta- tion that such college will be fully accredited within eighteen months. In any case where such a waiver is granted, grants under this section shall be available only for planning and development of proposals for construction. "(c)(1) Except as provided in paragraph (2), grants for construction under this section shall not exceed 80 per centum of the cost of such construction, except that no tribally controlled community college shall be required to expend more than $400,000 in fulfillment of the remaining 20 per centum. For the purpose of providing its required portion of the cost of such construction, a tribally controlled commu- nity college may usc funds provided under the Act of November 2, 1921 (25 U.S.C. 13), popularly referred to as the Snyder Act. "(2) The Secretary may waive, in whole or in part, the require- ments of paragraph (1) in the case of any tribally controlled commu- nity college which demonstrates that neither such college nor the tribal government with which it is affiliated have sufficient re- sources to comply with such requirements. The Secretary shall base a decision on whether to grant such a waiver solely on the basis of the following factors: (A) tribal population; (B) potential student population; (C) the rate of unemployment among tribal members; (D) tribal financial resources; and (E) other factors alleged by the college to have a bearing on the availability of resources for compliance with the requirements of paragraph (1) and which may include the educational attainment of tribal members. "(d) If, within twenty years after completion of construction of a facility which has been constructed in whole or in part with a grant made available under this section— "(1) the facility ceases to be used by the applicant in a public or nonprofit capacity as an academic facility, unless the Secre- tary determines that there is good cause for releasing the institution from this obligation, and "(2) the tribe with which the applicant is affiliated fails to usc the facility for a public purpose approved by the tribal govern-

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