PUBLIC LAW 98-192—DEC. 1, 1983 97 STAT. 1341 ment in furtherance of the general welfare of the community served by the tribal government, title to the facility shall vest in the United States and the applicant (or such tribe if such tribe is the successor in title to the facility) shall be entitled to recover from the United States an amount which bears the same ratio to the present value of the facility as the amount of the applicant's contribution (excluding any funds pro- vided under the Act of November 2, 1921 (25 U.S.C. 13)) bore to the original cost of the facility. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is located. "(e) No construction assisted with funds under this section shall be used for religious worship or a sectarian activity or for a school or department of divinity. "(f) For the purposes of this section— "(1) the term 'construction' includes reconstruction or renova- tion (as such terms are defined in the first sentence of subpara- graph (B) of section 742(2) of the Higher Education Act of 1965 (20 U.S.C. 1132e-l(2)(B))); and "(2) the term 'academic facilities' has the meaning provided such term under section 742(1) of the Higher Education Act of 1965 (20 U.S.C. 1132e-l(l)). ". SEC. 13. The Act is further amended by adding at the end thereof the following new title: Religious activities. Definitions. "TITLE III—TRIBALLY CONTROLLED COMMUNITY COLLEGE ENDOWMENT PROGRAM PURPOSE "SEC. 301. It is the purpose of this title to provide grants for the encouragement of endowment funds for the operation and improve- ment of tribally controlled community colleges. 25 USC 1831. ESTABLISHMENT OF PROGRAM; PROGRAM AGREEMENTS "SEC. 302. (a) From the amount appropriated pursuant to section 306, the Secretary shall establish a program of making endowment grants to tribally controlled community colleges which are current recipients of assistance under section 107 of this Act or under section 3 of the Navajo Community College Act. No such college shall be ineligible for such a grant for a fiscal year by reason of the receipt of such a grant for a preceding fiscal year, but no such college shall be eligible for such a grant for a fiscal year if such college has been awarded a grant under section 333 of the Higher Education Act of 1965 for such fiscal year. "(h) No grant for the establishment of an endowment fund by a tribally controlled community college shall be made unless such college enters into an agreement with the Secretary which— "(1) provides for the establishment and maintenance of a trust fund at a federally insured banking or savings institution; "(2) provides for the deposit in such trust fund of— "(A) any Federal capital contributions made from funds appropriated under section 306; "(B) a capital contribution by such college in an amount equal to the amount of each Federal capital contribution; and 25 USC 1832. Ante, p. 1387. 25 USC 640b. Ante, p. 708.
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