[Federal Register Volume 67, Number 130 (Monday, July 8, 2002)]
[Presidential Documents]
[Pages 45288-45291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17274]


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  Federal Register / Vol. 67, No. 130 / Monday, July 8, 2002 / 
Presidential Documents  

[[Page 45288]]


                Executive Order 13270 of July 3, 2002

                
Tribal Colleges and Universities

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. There is a unique relationship 
                between the United States and Indian tribes, and a 
                special relationship between the United States and 
                Alaska Native entities. It is the policy of the Federal 
                Government that this Nation's commitment to educational 
                excellence and opportunity must extend as well to the 
                tribal colleges and universities (tribal colleges) that 
                serve Indian tribes and Alaska Native entities. The 
                President's Board of Advisors on Tribal Colleges and 
                Universities (the ``Board'') and the White House 
                Initiative on Tribal Colleges and Universities (WHITCU) 
                established by this order shall ensure that this 
                national policy regarding tribal colleges is carried 
                out with direct accountability at the highest levels of 
                the Federal Government.

                Tribal colleges are both integral and essential to 
                their communities. Often they are the only 
                postsecondary institutions within some of our Nation's 
                poorest rural areas. They fulfill a vital role: in 
                maintaining and preserving irreplaceable languages and 
                cultural traditions; in offering a high-quality college 
                education to younger students; and in providing job 
                training and other career-building programs to adults 
                and senior citizens. Tribal colleges provide crucial 
                services in communities that continue to suffer high 
                rates of unemployment and the resulting social and 
                economic distress.

                The Federal Government's commitment to tribal colleges 
                is reaffirmed and the private sector can and should 
                contribute to the colleges' educational and cultural 
                missions.

                Finally, postsecondary institutions can play a vital 
                role in promoting excellence in early childhood, 
                elementary, and secondary education. The Federal 
                Government will therefore work to implement the 
                innovations and reforms of the No Child Left Behind Act 
                of 2001 (Public Law 107-110) in partnership with tribal 
                colleges and their American Indian and Alaska Native 
                communities.

                Sec. 2. Definition of Tribal Colleges and Universities. 
                Tribal colleges are those institutions cited in section 
                532 of the Equity in Educational Land-Grant Status Act 
                of 1994 (7 U.S.C. 301 note), any other institution that 
                qualifies for funding under the Tribally Controlled 
                Community College Assistance Act of 1978 (25 U.S.C. 
                1801 et seq.), and Din[eacute] College, authorized in 
                the Navajo Community College Assistance Act of 1978, 
                Public Law 95-471, title II (25 U.S.C. 640a note).

                Sec. 3. Board of Advisors. (a) Establishment. There 
                shall be established in the Department of Education a 
                Presidential advisory committee entitled the 
                President's Board of Advisors on Tribal Colleges and 
                Universities (the ``Board'').

                    (b) Membership. The Board shall consist of not more 
                than 15 members who shall be appointed by the 
                President, one of whom shall be designated by the 
                President as Chair. The Board shall include 
                representatives of tribal colleges and may also include 
                representatives of the higher, early childhood, 
                elementary, and secondary education communities; tribal 
                officials; health, business, and financial 
                institutions; private foundations; and such other 
                persons as the President deems appropriate.

[[Page 45289]]

                    (c) Functions. The Board shall provide advice 
                regarding the progress made by Federal agencies toward 
                fulfilling the purposes and objectives of this order. 
                The Board also shall provide recommendations to the 
                President, through the Secretary of Education 
                (Secretary), on ways the Federal Government can help 
                tribal colleges:

  (1) use long-term development, endowment building, and planning to 
strengthen institutional viability;

  (2) improve financial management and security, obtain private-sector 
funding support, and expand and complement Federal education initiatives;

  (3) develop institutional capacity through the use of new and emerging 
technologies offered by both the Federal and private sectors;

  (4) enhance physical infrastructure to facilitate more efficient 
operation and effective recruitment and retention of students and faculty; 
and

  (5) help implement the No Child Left Behind Act of 2001 and meet other 
high standards of educational achievement.

                    (d) Meetings. The Board shall meet at least 
                annually, at the request of the Secretary, to provide 
                advice and consultation on tribal colleges and relevant 
                Federal and private-sector activities, and to transmit 
                reports and present recommendations.

                Sec. 4. White House Initiative on Tribal Colleges and 
                Universities. There shall be established in the 
                Department of Education, Office of the Secretary, the 
                White House Initiative on Tribal Colleges and 
                Universities (WHITCU). The WHITCU shall:

                    (a) provide the staff support for the Board;
                    (b) assist the Secretary in the role of liaison 
                between the executive branch and tribal colleges; and
                    (c) serve the Secretary in carrying out the 
                Secretary's responsibilities under this order.

                 Sec. 5. Department and Agency Participation. Each 
                participating executive department and agency (agency), 
                as determined by the Secretary, shall appoint a senior 
                official who is a full-time officer of the Federal 
                Government and who is responsible for management or 
                program administration. The official shall report 
                directly to the agency head, or to the agency head's 
                designee, on agency activity under this order and serve 
                as liaison to the WHITCU. To the extent permitted by 
                law and regulation, each agency shall provide 
                appropriate information as requested by the WHITCU 
                staff pursuant to this order.

                Sec. 6. Three-Year Federal Plan.

                    (a) Content. Each agency identified by the 
                Secretary shall develop and implement a Three-Year Plan 
                of the agency's efforts to fulfill the purposes of this 
                order. These Three-Year Plans shall include annual 
                performance indicators and appropriate measurable 
                objectives for the agency. Among other relevant issues, 
                the plans shall address how the agency intends to 
                increase the capacity of tribal colleges to compete 
                effectively for any available grants, contracts, 
                cooperative agreements, and any other Federal 
                resources, and to encourage tribal colleges to 
                participate in Federal programs. The plans also may 
                emphasize access to high-quality educational 
                opportunities for economically disadvantaged Indian 
                students, consistent with requirements of the No Child 
                Left Behind Act of 2001; the preservation and 
                revitalization of tribal languages and cultural 
                traditions; and innovative approaches to better link 
                tribal colleges with early childhood, elementary, and 
                secondary education programs. The agency's performance 
                indicators and objectives should be clearly reflected 
                in the agency's annual budget submission to the Office 
                of Management and Budget. To facilitate the attainment 
                of these performance indicators and objectives, the 
                head of each agency identified by the Secretary, shall 
                provide, as appropriate, technical assistance and 
                information to tribal colleges regarding the program 
                activities of the agency

[[Page 45290]]

                and the preparation of applications or proposals for 
                grants, contracts, or cooperative agreements.
                    (b) Submission. Each agency shall submit its Three-
                Year Plan to the WHITCU. In consultation with the 
                Board, the WHITCU shall then review these Three-Year 
                Plans and develop an integrated Three-Year Plan for 
                Assistance to Tribal Colleges, which the Secretary 
                shall review and submit to the President. Agencies may 
                revise their Three-Year Plans within the three-year 
                period.
                    (c) Annual Performance Reports. Each agency shall 
                submit to the WHITCU an Annual Performance Report that 
                measures the agency's performance against the 
                objectives set forth in its Three-Year Plan. In 
                consultation with the Board, the WHITCU shall review 
                and combine Annual Performance Reports into one annual 
                report, which shall be submitted to the Secretary for 
                review, in consultation with the Office of Management 
                and Budget.

                Sec. 7. Private Sector. In cooperation with the Board, 
                the WHITCU shall encourage the private sector to assist 
                tribal colleges through increased use of such 
                strategies as:

                    (a) matching funds to support increased endowments;
                    (b) developing expertise and more effective ways to 
                manage finances, improve information systems, build 
                facilities, and improve course offerings; and
                    (c) increasing resources for and training of 
                faculty.

                Sec. 8. Termination. The Board shall terminate 2 years 
                after the date of this order unless the Board is 
                renewed by the President prior to the end of that 2-
                year period.

                Sec. 9. Administration. (a) Compensation. Members of 
                the Board shall serve without compensation, but shall 
                be allowed travel expenses, including per diem in lieu 
                of subsistence, as authorized by law for persons 
                serving intermittently in Government service (5 U.S.C. 
                5701-5707).

                    (b) Funding. The Board and the WHITCU shall be 
                funded by the Department of Education.
                    (c) Administrative Support. The Department of 
                Education shall provide appropriate administrative 
                services and staff support for the Board and the 
                WHITCU. With the consent of the Department of 
                Education, other agencies participating in the WHITCU 
                shall provide administrative support (including 
                detailees) to the WHITCU consistent with statutory 
                authority. The Board and the WHITCU each shall have a 
                staff and shall be supported at appropriate levels 
                commensurate with that of similar White House 
                Initiative Offices.
                    (d) General Provisions. Insofar as the Federal 
                Advisory Committee Act, as amended (5 U.S.C. App.) (the 
                ``Act''), may apply to the administration of any 
                portion of this order, any functions of the President 
                under the Act, except that of reporting to the 
                Congress, shall be performed by the Secretary of 
                Education in accordance with the guidelines issued by 
                the Administrator of General Services.

[[Page 45291]]

                Sec. 10. Revocation. Executive Order 13021 of October 
                19, 1996, as amended, is revoked.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                     July 3, 2002.

[FR Doc. 02-17274
Filed 7-5-02; 10:22 am]
Billing code 3195-01-P