[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4460 Introduced in House (IH)]






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.
                                 <all>