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[Senate Report 114-373]
[From the U.S. Government Publishing Office]

                                                      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\
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    \1\Dine 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).
---------------------------------------------------------------------------
    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 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\
---------------------------------------------------------------------------
    \2\Navajo Community College Assistance Act of 1978, Pub. L. No. 95-
471, Sec. 4(a), 92 Stat. 1330 (1978).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \3\Dine 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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \4\Dine College Act of 2016: Hearing on S. 2564: Before the S. 
Comm. on Indian Affairs, 114th Cong. (2016).
---------------------------------------------------------------------------
    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.

                      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.

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.

    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.

                        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.

                                  [all]
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