[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4806 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4806

     To provide land-grant status for certain Indian colleges and 
                             institutions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 1994

  Mr. Williams (for himself, Mr. Pomeroy, Ms. English of Arizona, Mr. 
   Oberstar, Mr. Johnson of South Dakota, Mr. Stupak, Mr. Skeen, Mr. 
 Richardson, Mr. Swift, Mr. Kildee, Mrs. Meyers of Kansas, Mr. Flake, 
    Mr. Hilliard, Mr. Fazio, Mr. Schiff, Mr. Scott, Mr. Minge, Mr. 
  Martinez, Mr. Dellums, and Mr. Gutierrez) introduced the following 
 bill; which was referred jointly to the Committees on Agriculture and 
                          Education and Labor

_______________________________________________________________________

                                 A BILL


 
     To provide land-grant status for certain Indian colleges and 
                             institutions.

    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 ``Equity in Educational Land-Grant 
Status Act of 1994''.

SEC. 2. DEFINITION.

    As used in this Act, the term ``1994 Institutions'' means any one 
of the following colleges:
            (1) Bay Mills Community College.
            (2) Blackfeet Community College.
            (3) Cheyenne River Community College.
            (4) D-Q University.
            (5) Dullknife Memorial College.
            (6) Fond Du Lac Community College.
            (7) Fort Belknap Community College.
            (8) Fort Berthold Community College.
            (9) Fort Peck Community College.
            (10) LacCourte Orielles Ojibwa Community College.
            (11) Little Big Horn Community College.
            (12) Little Hoop Community College.
            (13) Nebraska Indian Community College.
            (14) Northwest Indian College.
            (15) Oglala Lakota College.
            (16) Salish Kootenai College.
            (17) Sinte Gleska University.
            (18) Sisseton Wahpeton Community College.
            (19) Standing Rock College.
            (20) Stonechild Community College.
            (21) Turtle Mountain Community College.
            (22) Navajo Community College.
            (23) United Tribes Technical College.
            (24) Southwest Indian Polytechnic Institute.
            (25) Institute of American Indian and Alaska Native Culture 
        and Arts Development.
            (26) Crownpoint Institute of Technology.
            (27) Haskell Indian Junior College.
            (28) Leech Lake Tribal College.
            (29) College of the Menominee Nation.

SEC. 3. LAND-GRANT STATUS FOR 1994 INSTITUTIONS.

    (a) In General.--1994 Institutions shall be considered land-grant 
colleges established for the benefit of agriculture and the mechanic 
arts in accordance with the provisions of the Act of July 2, 1862 (12 
Stat. 503; 7 U.S.C. 301-305, 307, and 308) except that this section 
shall not apply to the Act of May 8, 1914 (38 Stat. 372, Chapter 79; 7 
U.S.C. 341 et seq.) or the Act of March 2, 1887 (24 Stat. 440, Chapter 
314; 7 U.S.C. 361a et seq.).
    (b) Authorization of Appropriations.--In lieu of extending to 1994 
Institutions, the provisions of the Act of July 2, 1862 (12 Stat. 503, 
chapter 130; 7 U.S.C. 301 et seq.), there is authorized to be 
appropriated $23,000,000 to establish an endowment pursuant to 
subsection (c) for 1994 Institutions. Amounts appropriated pursuant to 
this section shall be held and considered to have been granted to 1994 
Institutions to establish an Endowment.
    (c) Endowment.--
            (1) In general.--In accordance with this section, the 
        Secretary of the Treasury shall establish a 1994 Institutions 
        Endowment Fund (referred to in this subsection as the 
        ``endowment fund''). The Secretary may enter into such 
        agreements as are necessary to carry out this section.
            (2) Deposit to the endowment fund.--The Secretary shall 
        deposit in the endowment fund any--
                    (A) amounts made available by appropriations 
                pursuant to subsection (c) (referred to in this 
                subsection as the ``endowment fund corpus''); and
                    (B) interest earned on the endowment fund corpus.
            (3) Investments.--The Secretary shall invest the endowment 
        fund corpus and income in interest-bearing obligations of the 
        United States.
            (4) Withdrawals and expenditures.--The Secretary may not 
        make a withdrawal or expenditure from the endowment fund 
        corpus. On the termination of each fiscal year, the Secretary 
        shall withdraw the amount of income from the endowment fund for 
        the fiscal year, and after making adjustments for the cost of 
        administering the endowment fund, distribute the adjusted 
        income as follows:
                    (A) 60 percent of the adjusted income shall be 
                distributed among the 1994 Institutions on a pro rata 
                basis. The proportionate share of the adjusted income 
                received by a 1994 Institution under this subparagraph 
                shall be based on the Indian student count (as defined 
                in section 390(3) of the Carl D. Perkins Vocational 
                Education Act (20 U.S.C. 2397h(3) or as defined in 
                section 2(a)(7) of the Tribally Controlled Community 
                College Assistance Act (25 U.S.C. 1801)) for each 
                Institution for the fiscal year.
                    (B) 40 percent of the adjusted income shall be 
                distributed in equal shares to the 1994 Institutions.

SEC. 4. APPROPRIATIONS.

    (a) Authorization of Appropriations.--
            (1) In general.--For each fiscal year, there are authorized 
        to be appropriated to the Department of the Treasury an amount 
        equal to--
                    (A) $50,000; multiplied by
                    (B) the number of 1994 Institutions.
            (2) Payments.--For each fiscal year, the Secretary of the 
        Treasury shall pay to the treasurer of each 1994 Institution an 
        amount equal to--
                    (A) the total amount made available by 
                appropriations pursuant to paragraph (1); divided by
                    (B) the number of 1994 Institutions.
            (3) Use of funds; requirements.--The amounts authorized to 
        be appropriated under this subsection shall be used in the same 
        manner as is prescribed for colleges under the Act of August 
        30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 322 et seq.), 
        and, except as otherwise provided in this subsection, the 
        requirements of such Act shall apply to 1994 Institutions.
    (b) Authorization of Appropriations for Cooperative Agreements.--
Section 3 of the Act of May 8, 1914 (38 Stat. 373, chapter 79; 7 U.S.C. 
343) is amended--
            (1) in subsection (b), by adding at the end the following 
        new paragraph:
            ``(3) There is authorized to be appropriated for the fiscal 
        year ending June 30, 1995, and for each fiscal year thereafter, 
        for payment on behalf of the 1994 Institutions, $5,000,000 for 
        the purposes set forth in section 2. Such sums shall be in 
        addition to the sums appropriated for the several States and 
        Puerto Rico, the Virgin Islands, and Guam under the provisions 
        of this section. Such sums shall be distributed on the basis of 
        a competitive applications process to be developed and 
        implemented by the Secretary and paid by the Secretary to State 
        institutions established in accordance with the provisions of 
        the Act of July 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 
        301 et seq.) (other than 1994 Institutions) and administered by 
        such institutions through cooperative agreements with 1994 
        Institutions in their States in accordance with regulations to 
        be adopted by the Secretary.'';
            (2) by redesignating subsection (f) as subsection (g); and
            (3) by inserting after subsection (e) the following new 
        subsection:
    ``(f) There shall be no matching requirement for funds made 
available pursuant to subsection (b)(3).''.

SEC. 5. INSTITUTIONAL CAPACITY BUILDING GRANTS.

    (a) Definitions.--As used in this section:
            (1) Federal share.--The term ``Federal share'' means, with 
        respect to a grant awarded under subsection (b), the share of 
        the grant that is provided from Federal funds.
            (2) Non-federal share.--The term ``non-Federal share'' 
        means, with respect to a grant awarded under subsection (b) the 
        matching funds paid with funds other than funds referred to in 
        paragraph (2), as determined by the Secretary.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) In General.--
            (1) Institutional capacity building grants.--For each of 
        fiscal years 1995 through 1999, the Secretary shall make 
        institutional capacity building grants to assist 1994 
        Institutions with constructing, acquiring, and remodeling 
        buildings, laboratories, and other capital facilities 
        (including fixtures and equipment) necessary to conduct 
        research more effectively in agriculture and sciences.
            (2) Requirements for grants.--The Secretary shall make 
        grants under this section--
                    (A) on the basis of a competitive application 
                process under which appropriate officials of 1994 
                Institutions may submit applications to the Secretary 
                in such form and manner as the Secretary may prescribe; 
                and
                    (B) in such manner as to ensure geographic 
                diversity with respect to the 1994 Institutions that 
                are the subject of the grants.
            (3) Demonstration of need.--The Secretary shall require, as 
        part of an application for a grant under this subsection, a 
        demonstration of need. The Secretary may only award a grant 
        under this subsection to an applicant that demonstrates a 
        failure to obtain funding for a project after making a 
        reasonable effort to otherwise obtain the funding.
            (4) Payment of non-federal share.--A grant awarded under 
        this subsection shall be made on the condition that the 
        recipient of the grant pay a non-Federal share in an amount 
        specified by the Secretary.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Agriculture to carry out this 
section, $1,700,000 for each of fiscal years 1995 through 1999.
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