« PreviousContinue »
site planning and architectural design and planning, new construction, materials and equipment procurement, renovation, alteration, repair, and other building and expansion costs of the Institute.
(2) The President of the Institute shall provide for the deposit into the capital endowment fund of a capital contribution by the Institute in an amount equal to the amount of each Federal contribution and any earnings on amounts in the capital endowment fund.
(3) Funds deposited by the Institute as a match for Federal contributions under paragraph (5) shall remain in the capital endowment fund for a period of not less than two years. If at any time the Institute withdraws any capital contribution to the capital endowment fund before the funds have been deposited for this two-year period, an equal amount of the Federal contribution shall be withdrawn from the capital endowment fund and returned to the Treasury as miscellaneous receipts. At the end of the two-year period, the entire principal and interest of the funds deposited for this period, including the Federal matching portion, shall accrue, without reservation, to the Institute and may be withdrawn, in whole or in part, to defray expenses associated with capital acquisition and improvement of the Institute referred to in paragraph (1).
(4) For the purpose of complying with the contribution requirement of paragraph (2), the Institute may use funds which are available from any private, non-Federal governmental, or tribal source.
(5) Subject to paragraph (3), amounts appropriated under section 1531(a) for use under this subsection shall be paid by the Secretary of the Treasury to the Institute as a Federal capital contribution equal to the amount which the Institute demonstrates has been placed within the control of, or irrevocably committed to the use of, the Institute and is available for deposit as a capital contribution of the Institute in accordance with this subsection.
(6) For the purpose of complying with the contribution requirement in this subsection, the Institute may use funds or in-kind contributions of real or personal property. For the purposes of this paragraph, all contributions, in-kind and real estate, which are held by the Institute beginning on November 29, 1990, and which were received after June 2, 1988, but which have not been included in their entirety in computations under this section shall be eligible for matching Federal funds appropriated in any year.
(c) GENERAL ADMINISTRATIVE PROVISIONS.—
(1) Funds in the trust funds described in subsections (a) and (b) shall be invested under the same conditions and limitations as funds are invested under section 331(c)(2) of the Higher Education Act of 1965 and the regulations implementing such section (as such regulations were in effect at the time the funds are invested).
(2)1 No part of the net earnings of the trust funds established under this section shall inure to the benefit of any private person. (3) Any amounts deposited in a trust fund authorized under subsection (a) may be used to secure loans procured for the purposes of constructing or improving Institute facilities. (4) The President of the Institute shall provide for such other provisions governing the trust funds established under this section as may be necessary to protect the financial interest of the United States and to promote the purpose of this title as agreed to by the Secretary of the Treasury and the Board or its designee, including recordkeeping procedures for the investment of funds received under the trust fund established under subsection (b) and such other recordkeeping procedures for the expenditure of accumulated interest for the trust fund under subsection (a) as will allow the Secretary of the Treasury to audit and monitor acitvities under this section.
SEC. 1519. [20 U.S.C. 4426] PROVISION OF FACILITIES.
(a) PLAN.-The Board shall prepare a master plan on the short- and long-term facilities needs of the Institute. The master plan shall include evaluation of all facets of existing Institute programs, including support activities and programs and facilities. The master plan shall include impact projections for the Institute's move to a new campus site. This master plan shall evaluate development and construction requirements (based on a growth plan approved by the Board), including (but not limited to) items such as infrastructure and site analysis, development of a phased plan with architectural and engineering studies, cost projections, landscaping, and related studies which cover all facets of the Institute's programs and planned functions.
(b) DEADLINE FOR TRANSMITTAL.-The plan required by this subsection shall be transmitted to Congress no later than 18 months after the date of enactment of this provision. Such plan shall include a prioritization of needs, as determined by the Board.
PART B-NATIVE HAWAIIANS AND ALASKA NATIVES
SEC. 1521. [20 U.S.C. 4441] PROGRAM FOR NATIVE HAWAIIAN AND ALASKA NATIVE CULTURE AND ARTS DEVELOPMENT.
(a) IN GENERAL.-The Secretary of the Interior is authorized to make grants for the purpose of supporting programs for Native Hawaiian or Alaska Native culture and arts development to any private, nonprofit organization or institution which
(1) primarily serves and represents Native Hawaiians or Alaska Natives, and
(2) has been recognized by the Governor of the State of Hawaii or the Governor of the State of Alaska, as appropriate, for the purpose of making such organization or institution eligible to receive such grants.
(b) PURPOSE OF GRANTS.-Grants made under subsection (a) shall, to the extent deemed possible by the Secretary and the recipient of the grant, be used—
1Indentation so in law.
(1) to provide scholarly study of, and instruction in, Native Hawaiian or Alaska Native art and culture,
(2) to establish programs which culminate in the awarding of degrees in the various fields of Native Hawaiian or Alaska Native art and culture, or
(3) to establish centers and programs with respect to Native Hawaiian or Alaska Native art and culture that are similar in purpose to the centers and programs described in subsections (b) and (c) of section 1510.
(c) MANAGEMENT OF GRANTS.
(1) Any organization or institution which is the recipient of a grant made under subsection (a) shall establish a governing board to manage and control the program with respect to which such grant is made.
(2) For any grants made with respect to Native Hawaiian art and culture, the members of the governing board which is required to be established under paragraph (1) shall—
(A) be Native Hawaiians or individuals widely recognized in the field of Native Hawaiian art and culture,
(B) include a representative of the Office of Hawaiian Affairs of the State of Hawaii,
(C) include the president of the University of Hawaii, (D) include the president of the Bishop Museum, and (E) serve for a fixed term of office.
(3) For any grants made with respect to Alaska Native art and culture, the members of the governing board which is required to be established under paragraph (1) shall—
(A) include Alaska Natives and individuals widely recognized in the field of Alaska Native art and culture,
(B) represent the Eskimo, Indian and Aleut cultures of Alaska, and
(C) serve for a fixed term.
SEC. 1522. [20 U.S.C. 4442] ADMINISTRATIVE PROVISIONS.
(a) PAYMENTS.-The Secretary may award grants under this part in installments, in advance, or by way of reimbursement and may make necessary adjustments in payments of grants on account of overpayments or underpayments.
(b) RECOVERY OF OVERPAYMENTS.
(1) If the Secretary or a court of competent jurisdiction finds that
(A) any person
(I) made, or has caused to be made by another, a false statement or representation of a material fact knowing it to be false, or
(II) knowingly failed, or caused another to fail, to disclose a material fact; and
(ii) as a result of such action, has received any funds under this part which such person would not have otherwise received, or
(B) any person misappropriates any funds paid by the Secretary under this part,
such person shall be liable to repay the amount of such funds to the United States. Any such finding by the Secretary may be made only after an opportunity for a fair hearing.
(2) Any amount repaid under this subsection shall be returned to the general fund of the Treasury of the United States.
(1) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for such person or for any other person any payment of funds provided under this part, or
(2) misappropriates any funds provided under this part, shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
PART C-AUTHORIZATION OF APPROPRIATIONS
SEC. 1531. [20 U.S.C. 4451] AUTHORIZATION OF APPROPRIATIONS. (a) PART A.
(1) There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the provisions of part A.
(2) Funds appropriated under the authority of paragraph (1) shall remain available without fiscal year limitation.
(3) Except as provided for amounts subject to section 1518(d), amounts appropriated under the authority of this subsection for fiscal year 1989, and for each succeeding fiscal year, shall be paid to the Institute at the later of
(A) the beginning of the fiscal year, or
(B) upon enactment of such appropriation.
(4) Funds appropriated under this subsection for the fiscal year 1992 and for each succeeding fiscal year shall be transferred by the Secretary of the Treasury through the most expeditious method available with the Institute being designated as its own certifying agency.
(5) Funds are authorized to be appropriated for programs for more than one fiscal year. For the purpose of affording adequate notice of funding available under this Act, amounts appropriated in an appropriations Act for any fiscal year to carry out this Act may, subject to the appropriation, become available for obligations on July 1 of that fiscal year.
(b) PART B.-There are authorized to be appropriated for the purpose of carrying out the provisions of part B of this title
(1) for fiscal year 1987, $1,000,000, and
(2) for each succeeding fiscal year, such sums as may be necessary to carry out such provisions.
PART A-GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER EDUCATION
SEC. 410. [20 U.S.C. 1070a note] EFFECTIVE DATES FOR AMENDMENTS TO PART A.
(a) IN GENERAL.-The changes made in part A of title IV of the Act by the amendments made by this part shall take effect on the date of enactment of this Act, except
(1) as otherwise provided in such part A;
(2) that the changes made in section 411, relating to Pell Grants, shall apply to the awarding of Pell Grants for periods of enrollment beginning on or after July 1, 1993; and
(3) that the changes in section 413C(a)(2), relating to the Federal share for the supplemental educational opportunity grant program, shall apply to funds provided for such program for the award years beginning on or after July 1, 1993.
SEC. 432. [20 U.S.C. 1078 note] EFFECTIVE DATES FOR AMENDMENTS TO PART B.
(a) IN GENERAL.-The changes made in part B of title IV of the Act by the amendments made by this part shall take effect on the date of enactment of this Act, except
(1) as otherwise provided in such part B;
(2) that the changes made in sections 425(a), 428(b)(1)(A), 428(b)(1)(B), 428A(b), 428B(b), relating to annual and aggregate loan limits, shall apply with respect to loans for which the first disbursement is made on or after July 1, 1993, except that
(A) the changes made in section 425(a)(1)(A)(i) and 428(b)(1)(A)(i) shall apply with respect to loans for which the first disbursement is made on or after October 1, 1992; and