Home > 106th Congressional Bills > H.R. 4461 (eas) [Engrossed Amendment Senate] ...H.R. 4461 (eas) [Engrossed Amendment Senate] ...
108th CONGRESS
2d Session
H. R. 4460
To fulfill the United States Government's trust responsibility to serve
the educational needs of the Navajo people.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2004
Mr. Renzi (for himself, Mr. Udall of New Mexico, and Mr. Matheson)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
_______________________________________________________________________
A BILL
To fulfill the United States Government's trust responsibility to serve
the educational needs of the Navajo people.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Navajo Nation Higher Education Act
of 2004''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds as follows:
(1) The Treaty of 1868 between the United States of America
and the Navajo Tribe of Indians provides for the education of
the citizens of the Navajo Nation.
(2) The Navajo Nation created and chartered the Navajo
Community College by Resolution CN-95-68 as a wholly owned
educational entity of the Navajo Nation.
(3) In 1971, Congress enacted the Navajo Community College
Act (Public Law 92-189; 25 U.S.C. 640a et seq.).
(4) The Navajo Nation officially changed the name of the
Navajo Community College to Dine College by Resolution CAP-35-
97.
(5) The purpose of Dine College is to provide educational
opportunities to the Navajo people and others in areas
important to the economic and social development of the Navajo
Nation.
(6) The mission of Dine College is to apply the principles
of Sa'ah Naaghai Bik'eh Hozhoon (Dine Philosophy) to advance
quality student learning through training of the mind and
heart--
(A) through Nitsahakees (Thinking), Nahata
(Planning), Iina (Living), and Sihasin (Assurance);
(B) in study of the Dine language, history,
philosophy, and culture;
(C) in preparation for further studies and
employment in a multicultural and technological world;
and
(D) in fostering social responsibility, community
service, and scholarly research that contribute to the
social, economic, and cultural well-being of the Navajo
Nation.
(7) The United States has a trust and treaty responsibility
to the Navajo Nation to provide for the educational
opportunities for Navajo people.
(8) Significant portions of the College's infrastructure
are dilapidated and pose a serious health and safety risk to
students, employees and the public.
(9) The purposes and intent of this Act are consistent with
Executive Order 13270 on tribal colleges and universities and
fulfill the United States Government's trust responsibility to
serve the educational needs of the Navajo people.
(10) The purposes and intent of this Act are consisted with
the Executive Order relating to American Indian and Alaska
Native education issued on April 30, 2004, and fulfills the
United States Government's responsibility to serve the
education needs of the Navajo people.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Nation.--The term ``Nation'' means the Navajo Nation.
(3) College.--The term ``College'' means Dine College.
(4) Operations and maintenance.--The term ``operation and
maintenance'' means all cost and expenses associated with the
customary daily operation of the College and necessary
maintenance costs.
(5) Infrastructure.--The term ``infrastructure'' means
College buildings, water and sewer facilities, roads,
foundation, information technology, and telecommunications,
including classrooms and external matters such as walkways.
(6) Renovations and repairs.--The term ``renovations and
repairs'' means modernization and improvements to the
infrastructure.
SEC. 4. REAUTHORIZATION OF DINE COLLEGE.
Congress authorizes the Dine College to receive all Federal funding
and resources under this Act and other laws for its operation,
improvement, and growth, including (but not limited to) the following:
(1) to provide programs of higher education for citizens of
the Nation and others;
(2) to provide vocational and technical education for
citizens of the Nation and others;
(3) to preserve and protect the Navajo language,
philosophy, and culture for citizens of the Nation and others;
(4) to provide Navajo communities and people with
employment and training opportunities;
(5) to provide economic development and community outreach
for Navajo communities and people; and
(6) to provide a safe learning, working, and living
environment for students, employees, and the public.
SEC. 5. FACILITIES AND CAPITAL PROJECTS.
The College is authorized to expend money received pursuant to
section 7(c) to undertake all renovations and repairs to the College's
infrastructure, as identified by a strategic plan approved by the
College, and submitted to the Secretary.
SEC. 6. STATUS OF FUNDS.
Funds provided under this Act to the College may be treated as non-
Federal, private funds of the College for purposes of any provision of
Federal law which requires that non-Federal or private funds of the
College be used in a project for a specific purpose.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are hereby authorized to be appropriated to
the College, for each fiscal year, such amounts as are necessary to pay
for the operation and maintenance of the College.
(b) Budget Placement.--The Secretary shall fund the operation and
maintenance of the College separately from tribal colleges and
universities recognized and funded by the Tribally Controlled College
or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
(c) Facilities and Capital Projects.--In addition to amounts
appropriated under subsection (a), there are authorized to be
appropriated to carry out section 5, $15,000,000 for fiscal year 2005
and each of the 4 succeeding fiscal years. Such amounts maybe funded
through any one or more of the following agencies:
(1) the Department of Interior;
(2) the Department of Education;
(3) the Department of Heath and Human Services;
(4) the Department of Housing and Urban Development;
(5) the Department of Commerce;
(6) the Environmental Protection Agency;
(7) the Department of Veterans Affairs;
(8) the Department of Agriculture;
(9) the Department of Homeland Security;
(10) the Department of Defense;
(11) the Department of Labor; and
(12) the Department of Transportation.
SEC. 8. SURVEY, STUDY, AND REPORT.
(a) Information to Congress.--The Secretary shall conduct a
detailed survey and study of all capital projects and facility needs of
the College, and shall report the results of such survey and study to
Congress not later than October 31, 2009. Such report shall included
any recommendations or views submitted by the College and the Nation,
and shall include detailed recommendations by the Secretary.
(b) Administrative Expenses.--Funds to carry out this section may
be drawn from general administrative appropriations to the Secretary.
SEC. 9. SUPERSESSION OF NAVAJO COMMUNITY COLLEGE ACT.
This Act supersedes the Navajo Community College Act (Public Law
92-189; 25 U.S.C. 640a et seq.), and such Act is repealed.
SEC. 10. CONTINUING ELIGIBILITY FOR OTHER FEDERAL FUNDS.
Except as explicitly provided for in other Federal law, nothing in
this Act shall preclude the eligibility of the College to received
Federal funding and resources under any program authorized under the
Higher Education Act of 1965, the Equity in Educational Land Grant
Status Act (Title V, Part C, of P.L. 103-382; 7 U.S.C. 301 note), or
any other applicable program for the benefit of institutions of higher
education, community colleges, or postsecondary educational
institutions.
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