[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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