# § 1809. Effect on other programs
**(a)** **Eligibility for assistance** 20 U.S.C. 1001
Except as specifically provided in this subchapter, eligibility for assistance under this subchapter shall not, by itself, preclude the eligibility of any tribally controlled college or university to receive Federal financial assistance under any program authorized under the Higher Education Act of 1965 [ et seq.] or any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions.
**(b)** **Allocations from Bureau of Indian Affairs**
**(1)** The amount of any grant for which tribally controlled colleges or universities are eligible under section 1808 of this title shall not be altered because of funds allocated to any such colleges or universities from funds appropriated under section 13 of this title.
**(2)** No tribally controlled college or university shall be denied funds appropriated under section 13 of this title because of the funds it receives under this chapter.
**1** No tribally controlled college or university for which a tribe has designated a portion of the funds appropriated for the tribe from funds appropriated under section 13 of this title may be denied a contract for such portion under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) [^1] (except as provided in that Act), or denied appropriate contract support to administer such portion of the appropriated funds.
See References in Text note below.
**3** **2 Assistance deemed to be basic educational opportunity grant** 20 U.S.C. 1058(2)(A)(i)[^3]20 U.S.C. 1070a
For the purposes of sections 312(2)(A)(i) and 322(a)(2)(A)(i) of the Higher Education Act of 1965 [, 1061(a)(2)(A)(i)], any Indian student who receives a student assistance grant from the Bureau of Indian Affairs for postsecondary education shall be deemed to have received such assistance under subpart 1 of part A of title IV of such Act [ et seq.].
So in original. Two subsecs. (c) have been enacted.
See References in Text note below.
**(c)** **2 Treatment of funds under certain Federal laws** Notwithstanding any other provision of law, funds provided under this subchapter to the tribally controlled college or university may be treated as non-Federal, private funds of the college or university for purposes of any provision of Federal law which requires that non-Federal or private funds of the college or university be used in a project or for a specific purpose.
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**Source Credit**: (Pub. L. 95–471, title I, § 109, formerly § 108, Oct. 17, 1978, 92 Stat. 1328; renumbered § 109 and amended Pub. L. 98–192, §§ 4(a)(1), 8, Dec. 1, 1983, 97 Stat. 1336, 1337; Pub. L. 99–428, § 5, Sept. 30, 1986, 100 Stat. 983; Pub. L. 100–297, title V, § 5403(a), Apr. 28, 1988, 102 Stat. 416; Pub. L. 105–244, title IX, § 901(b)(5), (6), (8), (10), (12), (e), Oct. 7, 1998, 112 Stat. 1828, 1829.)
## Editorial Notes
### References in Text
The Higher Education Act of 1965, referred to in subsecs. (a) and (c), is , , , which is classified generally to chapter 28 (§ 1001 et seq.) of Title 20, Education. Sections 312 and 322 of the Act, which were classified to sections 1058 and 1061, respectively, of Title 20, were omitted in the general revision of title III of the Higher Education Act of 1965 by , , , which enacted new sections 312 and 322 which are classified to sections 1058 and 1061, respectively, of Title 20. Subpart 1 of part A of title IV of the Higher Education Act of 1965 is classified generally to subpart 1 (§ 1070a et seq.) of part A of subchapter IV of chapter 28 of Title 20. For complete classification of the Higher Education Act of 1965 to the Code, see Short Title note set out under and Tables.
The Indian Self-Determination and Education Assistance Act ( et seq.), referred to in subsec. (b)(3), is , , , which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
### Amendments
1998—Subsec. (a). , inserted “or university” after “tribally controlled college”.
Subsec. (b)(1). , (8), substituted “controlled colleges or universities” for “controlled community colleges” and “such colleges or universities” for “such colleges”.
Subsec. (b)(2), (3). , substituted “college or university” for “community college”.
Subsec. (c). , redesignated subsec. (d), relating to treatment of funds under certain Federal laws, as (c).
Subsec. (d). , redesignated subsec. (d), relating to treatment of funds under certain Federal laws, as (c).
, (12), substituted “controlled college or university” for “controlled community college” and substituted “the college or university” for “the college” in two places.
1988—Subsec. (d). added subsec. (d).
1986—Subsec. (b)(3). added par. (3).
1983—, designated existing provision as subsec. (a) and added subsecs. (b) and (c).
## Statutory Notes and Related Subsidiaries
### Effective Date of 1998 Amendment
Amendment by effective , except as otherwise provided in , see , set out as a note under , Education.
### Effective Date of 1988 Amendment
For effective date and applicability of amendment by , see , set out as a note under , Education.