I 111th CONGRESS 2d Session H. R. 5974 IN THE HOUSE OF REPRESENTATIVES July 29, 2010 Mr. Salazar (for himself, Mr. Luján, Ms. Markey of Colorado, Mr. Polis of Colorado, Mr. Coffman of Colorado, and Mr. Perlmutter) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To direct the Secretary of Education to pay to Fort Lewis College in the State of Colorado an amount equal to the tuition charges for Indian students who are not residents of the State of Colorado.

1.

Purpose

It is the purpose of this Act to ensure that Federal funding is provided to support and sustain the longstanding Federal mandate requiring Fort Lewis College in the State of Colorado to waive tuition charges for each Indian student it admits to an undergraduate program, including the waiver of tuition charges for Indian students who are not residents of the State of Colorado.

2.

Findings

The Congress finds that— (1)Fort Lewis College in the State of Colorado is a signature school for Indian students from throughout the Nation and graduates more Indian students than any other institution of higher education; (2)in 2009 Fort Lewis College awarded science, technology, engineering, and math degrees to 95 Indian students, which is equal to 13.5 percent of the total number of degrees awarded to Indian students in the Nation in 2009 and more than the number of degrees awarded by any other institution of higher education awarded in 2009; (3)Fort Lewis College currently provides federally mandated tuition-free education to approximately 750 Indian students from 122 different Indian tribes and 30 States, representing about 21 percent of the overall student population at this Native American-Serving Non-Tribal College; (4)this Federal mandate to provide tuition-free education to Indian students was first placed upon the State of Colorado in the Act of April 4, 1910 (Session II, Chapter 140), as a condition of the transfer of the land, buildings, and fixtures comprising the then federally operated Fort Lewis School; (5)the amount of funds expended by the State of Colorado to meet the waiver of tuition obligations under the Act of April 4, 1910 (Session II, Chapter 140), for all Indian students, both out-of-State and in-State, far exceeds the value of the land, buildings, and fixtures it holds for the benefit of Fort Lewis College; (6)while the present value of the land, buildings, and fixtures conveyed in 1910 is approximately $19,000,000, the State of Colorado has expended, just counting the past 25 years, over $110,000,000 to meet the costs of the tuition waivers for Native American Indian students from 44 different States; and (7)the federally mandated tuition waiver program for Indian students at Fort Lewis College is now at risk of being reduced by severe budget constraints being experienced by the State of Colorado, thereby jeopardizing the education of many talented Indian students in present and future classes from around the Nation.

3.

State relief from Federal Mandate

(a)

Amount of payment

(1)

In general

Subject to paragraph (2), for fiscal year 2011 and each succeeding fiscal year, the Secretary of Education shall pay to Fort Lewis College in the State of Colorado an amount equal to the charges for tuition for all Indian students who are not residents of the State of Colorado and who are enrolled in Fort Lewis College for the academic year ending before the beginning of such fiscal year. (2)

Limitation

The amount paid to Fort Lewis College for each fiscal year under paragraph (1) may not exceed an amount equal to the charges for tuition for all Indian students who were not residents of the State of Colorado and who were enrolled in Fort Lewis College for academic year 2009–2010. (b)

Treatment of payment

Any amounts received under this section shall be treated as a reimbursement from the State of Colorado to Fort Lewis College for complying with the requirement of the Act of April 4, 1910 (Session II, Chapter 140), to admit Indian students free of charge of tuition. (c)

Rule of construction

Nothing in this Act shall be construed to relieve the State of Colorado from reimbursing, for purposes of complying with the requirements of the Act of April 4, 1910 (Session II, Chapter 140), Fort Lewis College for each academic year— (1)with respect to Indian students who are not residents of the State of Colorado and who are enrolled in Fort Lewis College, any amount of charges for tuition for such students that exceeds the amount received under this section for such academic year; and (2)with respect to Indian students who are residents of the State of Colorado and who are enrolled in Fort Lewis College, an amount equal to the charges for tuition for such students for such academic year. (d)

Definition

In this section, the term Indian students refers to the term Indian pupils in the Act of April 4, 1910 (Session II, Chapter 140). (e)

Funding

There are authorized to be appropriated, and there are appropriated (in addition to any other amounts appropriated to carry out this section and out of any money in the Treasury not otherwise appropriated), such sums as may be necessary to carry out this section.