[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6568 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 6568

To fulfill the United States Government's trust responsibility to serve 
the higher education needs of the Navajo people and to clarify, unify, 
             and modernize prior Dine College legislation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2022

Mr. O'Halleran introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To fulfill the United States Government's trust responsibility to serve 
the higher education needs of the Navajo people and to clarify, unify, 
             and modernize prior Dine College legislation.

    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 ``Dine College Act of 2022''.

SEC. 2. 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 the Dine College by Resolution CAP-
        35-97.
            (5) The purpose of the 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 educational philosophy of the Dine College is to 
        apply principles of Sa'ah Naaghai Bik'eh Hozhoon (Dine 
        Philosophy) to advance quality student learning through 
        training of the mind and heart.
            (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 Dine College's 
        infrastructure are dilapidated and pose a serious health and 
        safety risk to students, employees, and the public.
            (9) This Act is consistent with Executive Order 13592 (76 
        Fed. Reg. 76603, relating to improving American Indian and 
        Alaska Native educational opportunities and strengthening 
        tribal colleges and universities) and fulfills the United 
        States Government's trust responsibility to serve the 
        educational needs of the Navajo people.

SEC. 3. PURPOSE.

    The purpose of this Act is to ensure that the Navajo Nation and 
Navajo people--
            (1) exercise their right to self-determination, 
        particularly in matters relating to their internal and local 
        affairs;
            (2) maintain and strengthen their distinct institutions of 
        higher education through the teaching of the Navajo language, 
        culture, traditions, and history; and
            (3) improve their economic and social conditions through 
        higher education and postsecondary vocational training.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Indian Affairs and the 
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Natural Resources, the 
                Committee on Education and Labor, and the Committee on 
                Appropriations of the House of Representatives.
            (2) College.--The term ``College'' means the Dine College.
            (3) Operation and maintenance.--The term ``operation and 
        maintenance'' means all costs and expenses associated with the 
        customary daily operation of the Dine College and necessary 
        maintenance costs.
            (4) Infrastructure.--The term ``infrastructure'' means the 
        Dine College buildings, water and sewer facilities, roads, 
        foundation, information technology, and telecommunications, 
        including classrooms and external matters such as walkways.
            (5) Renovations and repairs.--The term ``renovations and 
        repairs'' means modernization and improvements to the 
        infrastructure.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 5. AUTHORIZATION OF THE 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--
            (1) to provide programs of higher education for citizens of 
        the Navajo Nation and others;
            (2) to provide vocational and technical education for 
        citizens of the Navajo Nation and others;
            (3) to preserve and protect the Navajo language, 
        philosophy, and culture for citizens of the Navajo 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. 6. CAPITAL PROJECTS AND FACILITY NEEDS.

    From amounts made available under section 8(c), the Dine College 
may undertake any renovations and repairs to the infrastructure of the 
College that are identified in the report under section 9.

SEC. 7. STATUS OF FUNDS.

    Funds provided under this Act to the Dine 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. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are hereby authorized to be appropriated to 
the Dine College, for each fiscal year, such sums as may be necessary 
to pay for the operation and maintenance of the College.
    (b) Budget Placement.--The Secretary shall fund the operation and 
maintenance of the Dine College separately from tribal colleges and 
universities recognized and funded by the Tribally Controlled Colleges 
and Universities 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 $7,500,000, for each fiscal year, to carry out section 6.

SEC. 9. REPORT; INVENTORY; FINAL FORMULA; ADMINISTRATIVE EXPENSES.

    (a) Report.--Not later than 90 days after the date of enactment of 
this Act--
            (1) the Director of the Bureau of Indian Affairs, acting 
        through the Regional Director of the Navajo Regional Office 
        shall locate and provide to the Secretary a copy of the report, 
        dated February 2019, on the detailed survey and deferred 
        maintenance study of all capital projects and facility needs of 
        the Dine College that was authorized under section 4 of the 
        Navajo Community College Act (25 U.S.C. 640c), as amended by 
        Navajo Community College Assistance Act of 1978 (Public Law 95-
        471; 25 U.S.C. 640a note), and contracted for by the Bureau of 
        Indian Affairs Navajo Regional Office; and
            (2) the Secretary shall--
                    (A) provide to the appropriate committees of 
                Congress the report described in paragraph (1) and an 
                addendum to such report that includes recommendations 
                by the Secretary, and any recommendations or views 
                submitted by the College and the Navajo Nation 
                regarding the capital projects and facility needs of 
                the College; or
                    (B) in the case that the report described in 
                paragraph (1) is not provided to the Secretary as 
                required by this subsection--
                            (i) provide to the appropriate committees 
                        of Congress recommendations of the Secretary, 
                        and any recommendations or views submitted by 
                        the College and the Navajo Nation regarding the 
                        capital projects and facility needs of the 
                        College; and
                            (ii) take such steps as may be necessary to 
                        ensure that such report is located and provided 
                        to the Secretary.
    (b) Inventory.--Not later than January 31, 2022, an inventory 
prepared by the Dine College identifying repairs, alterations, and 
renovations to facilities required to meet health and safety standards 
and other factors shall be submitted to the Secretary. The inventory 
shall address the facility needs and outstanding capital projects, 
including any backlog of such needs and projects, from 1978 through the 
date of such inventory. The Secretary shall use the inventory as 
baseline data to inform the report required under subsection (a).
    (c) Final Formula.--Not later than October 30, 2022, a final 
formula for ongoing operations and maintenance of the Dine College 
shall be--
            (1) determined by the Bureau of Indian Affairs, utilizing 
        input from and consultation with the Navajo Nation and the 
        College, the report and addendum provided under subsection (a), 
        and the inventory required under subsection (b); and
            (2) provided to the appropriate committees of Congress, the 
        College, and the Navajo Nation.
    (d) Administrative Expenses.--Funds to carry out this section may 
be drawn from general administrative appropriations to the Secretary.

SEC. 10. SUPERSESSION OF NAVAJO COMMUNITY COLLEGE ACT.

    This Act supersedes--
            (1) the Navajo Community College Act (Public Law 92-189; 25 
        U.S.C. 640a et seq.);
            (2) the Navajo Community College Assistance Act of 1978 
        (Public Law 95-471, 92 Stat. 1325, 1329); and
            (3) the Navajo Nation Higher Education Act of 2010 (Public 
        Law 110-315, 122 Stat. 3468).

SEC. 11. 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 Dine College to receive 
Federal funding and resources under any program authorized under the 
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Equity in 
Educational Land Grant Status Act (title V, part C, of Public Law 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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