69–010 

1Dine College Act of 2016: Hearing on S. 2564: Before the S. Comm. on Indian Affairs, 114th 

Cong. (2016) (Statement of Dr. Martin Miguel Ahumada, Interim President, Dine ́ College). 

Calendar No. 666 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–373 

THE DINE ́ COLLEGE ACT OF 2016 

NOVEMBER 15, 2016.—Ordered to be printed 

Mr. BARRASSO, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 2564] 

The Committee on Indian Affairs, to which was referred the bill 

(S. 2564) to modernize prior legislation relating to Dine ́ College, 

having considered the same, reports favorably thereon without 

amendment and recommends that the bill do pass. 

PURPOSE

The purpose of S. 2564 is to update certain authorizing language 

for grants to the Dine ́ College, a college located on the Navajo Nation reservation. 

BACKGROUND

The bill intends to improve aging school buildings and facilities 

at the Dine ́ College (College). The College is the first accredited, 

tribally-controlled institution of higher learning and is authorized 

pursuant to the Navajo Community College Act (25 U.S.C. 640a et 

seq.), the Navajo Community College Assistance Act of 1978 (P.L. 

95–471), and the Navajo Nation Higher Education Act of 2008 (P.L. 

110–315). The College serves approximately 1,700 students, predominately members of the Navajo Nation, at six locations across 

26,000 square miles within the Navajo Nation reservation.1

The Navajo Community College Act of 1978 directed the Secretary of the Interior (Secretary) to: 

‘‘conduct a detailed survey and study of the academic facilities 

needs of the Navajo Community College [now known as the 

Dine ́ College], and shall report to the Congress not later than 


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2 Navajo Community College Assistance Act of 1978, Pub. L. No. 95–471, § 4(a), 92 Stat. 1330 

(1978). 3Dine College Act of 2016: Hearing on S. 2564: Before the S. Comm. on Indian Affairs, 114th 

Cong. (2016) (Statement of Michael Black, Director, Bureau of Indian Affairs). 4Dine College Act of 2016: Hearing on S. 2564: Before the S. Comm. on Indian Affairs, 114th 

Cong. (2016). 

August 1, 1979, the results of such survey and study. Such report shall include any recommendations or views submitted by 

the governing body of such College and by the governing body 

of the Navajo tribe, and shall include detailed recommendations by the Secretary as to the number, type, and cost of academic facilities which are required, ranking each such required 

facility by relative need.’’ 2

According to written testimony from the Bureau of Indian Affairs 

(BIA) Director Michael Black, ‘‘[t]he 1978 Facility Study was never 

completed and funding for the Navajo Community College, now the 

DINE ́ College, construction and facilities were never appropriated.’’ 3

The Navajo Nation Higher Education Act of 2008 revised the 

timeline for the Secretary to submit a detailed survey and study of 

the academic facilities needs of the Dine ́ College to no later than 

October 31, 2010. According to written testimony from the BIA Director Black and Dine ́ College Interim President Dr. Ahumada, no 

such report or study was ever completed.4

The bill would direct the College to submit an inventory report 

to the Secretary that identifies the renovations and repairs necessary to meet appropriate health and safety standards, by August 

1, 2016. The bill directs the Secretary, no later than January 31, 

2017, to submit a report to Congress detailing a survey and study 

of all capital projects and facilities needs of the College. Additionally, the bill would: (1) authorize a construction grant, in the 

amount of $2,000,000, beginning Fiscal Year 2017 through Fiscal 

Year 2020, to construct, renovate, or repair certain infrastructure 

needs of the College; and (2) create grants to the College for operation and maintenance activities, beginning Fiscal Year 2017 

through Fiscal Year 2020, subject to appropriations. 

LEGISLATIVE HISTORY

On February 23, 2016, Senator Flake introduced S. 2564, along 

with co-sponsors Senators Heinrich, McCain, and Udall. A House 

companion bill has not been introduced at this time. 

On April 13, 2016, the Committee held a legislative hearing on 

the bill. The Dine ́ College Interim President Dr. Martin Miguel 

Ahumada testified on behalf of the College. The BIA Director Michael Black testified that Interior Department (Department) supports S. 2564, but had concerns and recommended modifications to 

the legislation. Several of the recommendations from the Department were to provide more flexibility in meeting the specified 

timelines in the bill. The Department is concerned the College may 

not meet the bill’s timeline and therefore, the Secretary’s Report to 

Congress would be delayed. 

On April 27, 2016, the Committee held a business meeting to 

consider S. 2564, among other bills. The Committee ordered the bill 

to be reported favorably, without amendment, to the Senate, by 

voice vote. 


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SECTION-BY-SECTION ANALYSIS

Sec. 1. Short title 

Section 1 sets forth the short title of the Act as the Dine ́ College 

Act of 2016. 

Sec. 2. Findings 

Section 2 sets forth findings for this Act. 

Sec. 3. Purpose 

The purpose of the Act is to ensure that the Navajo Nation and 

Navajo people: 

• exercise their right to self-determination particularly in 

matters relating to the internal and local affairs of the Navajo 

Nation; 

• maintain and strengthen distinct institutions of higher 

education through the teaching of the Navajo language, culture, traditions and history; and 

• improve economic and social conditions of the Navajo Nation and people through higher education and postsecondary 

vocational training. 

Sec. 4. Definitions 

Section 4 provides definitions for appropriate Committees of Congress, College, Infrastructure, Operation and Maintenance, Renovation and Repair, and Secretary. 

Sec. 5. Survey, study, and report 

Section 5 establishes that the College shall prepare and submit 

an inventory to the Secretary of the Interior no later than August 

1, 2016 identifying the repairs necessary to meet health and safety 

standards of the College. This section also requires the Secretary 

of the Interior to submit to Congress a report of the results of a 

detailed survey of all the capital projects and facility needs of the 

College by January 31, 2017. 

Sec. 6. Grants authorized 

Section 6 authorizes construction grants in the amount of 

$2,000,000 annually for Fiscal Years 2017–2020 and operation and 

maintenance grants for the College in the amount of $2,000,000 for 

Fiscal Years 2017–2020. 

Sec. 7. Status of funds 

Section 7 establishes that funds made available under this Act 

may be treated as non-Federal, private funds of the College for purposes of any provision of Federal law that requires that non-Federal or private funds of the College be used in a project for a specific purpose. 

Sec. 8. Effect of other laws 

Section 8 states that this legislation supersedes previous legislation governing the Dine ́ College. 


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Sec. 9. Continuing eligibility for Other federal funds 

Section 9 allows the Dine ́ College to receive other Federal funding (similar to language included in previous versions of this legislation). 

COST AND BUDGETARY CONSIDERATIONS

The cost estimate for S. 2564, as calculated by the Congressional 

Budget Office, is set forth below: 

AUGUST 30, 2016. 

Hon. JOHN BARRASSO, 

Chairman, Committee on Indian Affairs, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2564, the Dine ́ College Act 

of 2016. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Justin Humphrey. 

Sincerely, 

KEITH HALL. 

Enclosure. 

S. 2564—Dine ́ College Act of 2016 

Summary: S. 2564 would authorize appropriations for grants to 

construct, operate, and maintain facilities at Dine ́ College. Although the underlying authorization of appropriations for grants 

for Dine ́ College expired in 2014, the Congress appropriated $14 

million to defray the cost of operations and maintenance for academic year 2015–2016. The bill also would require the Secretary of 

the Interior to conduct a study of the capital projects and facility 

needs of the college. 

CBO estimates that enacting S. 2564 would cost $64 million over 

the 2017–2021 period, assuming the appropriation of the specified 

and estimated amounts. Enacting S. 2564 would not affect direct 

spending or revenues; therefore, pay-as-you-go procedures do not 

apply to this legislation. 

CBO estimates that enacting S. 2564 would not increase net direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2027. 

S. 2564 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary effect of S. 2564 is shown in the following table. The costs 

of this legislation fall within budget function 500 (education, training, employment, and social services). 

By fiscal Year, in millions of dollars— 

2017 2018 2019 2020 2021 2017– 

2021 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level .................................................................. 16 16 17 17 0 66 

Estimated Outlays .................................................................................... 11 15 16 17 6 64 

Note: Components may not add to totals because of rounding. 


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Basis of estimate: S. 2564 would authorize appropriations for 

grants to construct, operate, and maintain facilities at Dine ́ College 

and would require the Secretary of the Interior to conduct a study 

of the capital projects and facility needs of the college. CBO estimates that implementing the bill would cost $11 million in fiscal 

year 2017 and $64 million over the 2017–2021 period, assuming 

appropriation of the necessary funds. The bill would authorize the appropriation of $2 million for each 

of fiscal years 2017 to 2020 for grants for construction projects, including the renovation and repair of existing facilities. Based on 

historical spending patterns of other federal construction programs, 

CBO estimates that implementing this provision would cost $6 million over the 2017–2021 period. 

S. 2564 also would authorize the appropriation of such sums as 

may be necessary for fiscal years 2017 to 2020 for grants for the 

operations and maintenance of Dine ́ College. The Department of the Interior (DOI) provided $14 million to Dine ́ College for similar 

activities for academic year 2015–2016. Adjusting that amount 

each year for inflation and based on the historical spending patterns of similar programs, CBO estimates that implementing this 

provision would cost $57 million over the 2017–2021 period. 

Finally, the bill would require the Secretary to conduct and submit a survey and study of all capital projects and facility needs of 

Dine ́ College. The survey would be based on an inventory of necessary renovation and repairs prepared by the college. The bill 

would permit the Secretary to use general administrative appropriations to carry out this section. Based on data from the DOI, 

CBO estimates that conducting the study would cost less than 

$500,000. If the department were also to use general administrative funds to support Dine ́ College in conducting the inventory, the 

cost of enacting this provision would be higher. 

Pay-As-You-Go considerations: None. 

Increase in long-term net direct spending and deficits: CBO estimates that enacting S. 2564 would not increase net direct spending 

or on-budget deficits in any of the four consecutive 10-year periods 

beginning in 2027. 

Intergovernmental and private sector impact: S. 2564 contains no 

intergovernmental or private-sector mandates as defined in UMRA. 

Dine ́ College of the Navajo Nation would benefit from grants authorized in the bill to address construction, maintenance, and operation needs of the college. Any costs to the college or the Navajo 

Nation would result from complying with conditions of federal assistance. 

Estimate prepared by: Federal Costs: Justin Humphrey; Impact 

on State, Local, and Tribal Governments: Rachel Austin; Impact on 

the Private Sector: Amy Petz. 

Estimate approved by: H. Samuel Papenfuss; Deputy Assistant 

Director for Budget Analysis. 

REGULATORY IMPACT STATEMENT

Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate requires each report accompanying a bill to evaluate regulatory 

and paperwork impact that would be incurred in carrying out the 

bill. The Committee believes that S. 2564 will have a minimal impact on regulatory or paperwork requirements. 


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CHANGES IN EXISTING LAW

In accordance with subsection 12 of rule XXVI of the Standing 

Rules of the Senate, S. 2564 makes no changes to existing law. 

Æ 


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