I 

113TH CONGRESS 

1ST SESSION H. R. 1658 

To help fulfill the Federal mandate to provide higher educational opportunities 

for Native American Indians. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 18, 2013 

Mr. TIPTON (for himself, Mr. COLE, Mr. YOUNG of Alaska, Mr. GARDNER, 

Ms. DEGETTE, Mr. PERLMUTTER, Mr. COFFMAN, Mr. BEN RAY LUJA ́N

of New Mexico, Mr. POLIS, Ms. MCCOLLUM, Mr. MORAN, Mrs. KIRKPATRICK, Mr. HONDA, Mr. JONES, Ms. MOORE, Mr. GRIJALVA, Mr. 

HINOJOSA, Mrs. NEGRETE MCLEOD, Mr. FALEOMAVAEGA, Mr. 

CA ́RDENAS, Mr. RANGEL, Ms. SINEMA, Mr. POCAN, Mr. RUIZ, Mr. 

TAKANO, Mr. LAMBORN, Mr. GOSAR, and Mrs. NAPOLITANO) introduced 

the following bill; which was referred to the Committee on Education and 

the Workforce, and in addition to the Committee on Appropriations, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To help fulfill the Federal mandate to provide higher 

educational opportunities for Native American Indians. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Native American In5 dian Education Act’’. 


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1 SEC. 2. PURPOSE. 

2 It is the purpose of this Act to ensure that Federal 

3 funding is provided to support and sustain the long4 standing Federal mandate requiring colleges and States 

5 to waive, in certain circumstances, tuition charges for Na6 tive American Indian students they admit to an under7 graduate college program, including the waiver of tuition 

8 charges for Indian students who are not residents of the 

9 State in which the college is located. 

10 SEC. 3. FINDINGS. 

11 Congress finds the following: 

12 (1) Native American-serving nontribal college 

13 institutions have a valuable supplemental role to 

14 that provided by tribally controlled community col15 leges in making available educational opportunities 

16 to Native American Indian students. 

17 (2) Some four-year Native American-serving 

18 nontribal college institutions provide tuition-free 

19 education, with the support of the State in which 

20 they are located, as mandated by Federal statute, to 

21 hundreds of Native American Indian students in ful22 fillment of a condition under which the United 

23 States provided land and facilities for such colleges 

24 to a State or college. 

25 (3) The value of the Native student tuition 

26 waiver benefits contributed by these colleges and the 


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1 States which support them today far exceeds the 

2 value of the original grant of land and facilities. 

3 (4) The ongoing financial burden of meeting 

4 this Federal mandate to provide tuition-free edu5 cation to Indian students is no longer equitably 

6 shared among the States and colleges because it 

7 does not distinguish between Indian students who 

8 are residents of the State or of another State. 

9 (5) Native student tuition waiver benefits are 

10 now at risk of being terminated by severe budget 

11 constraints being experienced by these colleges and 

12 the States which support them. 

13 SEC. 4. STATE RELIEF FROM FEDERAL MANDATE. 

14 (a) AMOUNT OF PAYMENT.— 

15 (1) IN GENERAL.—Subject to paragraphs (2) 

16 and (3), for fiscal year 2014 and each succeeding 

17 fiscal year, the Secretary of Education shall pay to 

18 any eligible college an amount equal to the charges 

19 for tuition for all Indian students who are not resi20 dents of the State in which the college is located and 

21 who are enrolled in the college for the academic year 

22 ending before the beginning of such fiscal year. 

23 (2) ELIGIBLE COLLEGES.—For purposes of this 

24 section, an eligible college is any four-year Native 

25 American-serving nontribal institution of higher eduVerDate Mar 15 2010 23:40 Apr 26, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1658.IH H1658

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1 cation which provides tuition-free education as man2 dated by Federal statute, with the support of the 

3 State in which it is located, to Native American In4 dian students in fulfillment of a condition under 

5 which the college or State received its original grant 

6 of land and facilities from the United States. 

7 (3) LIMITATION.—The amount paid to any col8 lege for each fiscal year under paragraph (1) may 

9 not exceed the amount equal to the charges for tui10 tion for all Indian students of that college who were 

11 not residents of the State in which the college is lo12 cated and who were enrolled in the college for aca13 demic year 2012–2013. 

14 (b) TREATMENT OF PAYMENT.—Any amounts re15 ceived by a college under this section shall be treated as 

16 a reimbursement from the State in which the college is 

17 located, and shall be considered as provided in fulfillment 

18 of any Federal mandate upon the State to admit Indian 

19 students free of charge of tuition. 

20 (c) RULE OF CONSTRUCTION.—Nothing in this Act 

21 shall be construed to relieve any State from any mandate 

22 it may have under Federal law to reimburse a college for 

23 each academic year— 

24 (1) with respect to Indian students enrolled in 

25 the college who are not residents of the State in 


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1 which the college is located, any amount of charges 

2 for tuition for such students that exceeds the 

3 amount received under this section for such aca4 demic year; and 

5 (2) with respect to Indian students enrolled in 

6 the college who are residents of the State in which 

7 the college is located, an amount equal to the 

8 charges for tuition for such students for such aca9 demic year. 

10 (d) DEFINITIONS.—In this section, the term ‘‘Indian 

11 students’’ includes reference to the term ‘‘Indian pupils’’ 

12 as that term has been utilized in Federal statutes impos13 ing a mandate upon any college or State to provide tui14 tion-free education to Native American Indian students in 

15 fulfillment of a condition under which it received its origi16 nal grant of land and facilities from the United States. 

17 (e) FUNDING.—There are authorized to be appro18 priated such sums as may be necessary to carry out this 

19 section. 

20 SEC. 5. OFFSET. 

21 (a) IN GENERAL.—Notwithstanding any other provi22 sion of law, of all available unobligated funds, 

23 $15,000,000 in appropriated discretionary funds are here24 by rescinded. 


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1 (b) IMPLEMENTATION.—The Director of the Office of 

2 Management and Budget shall determine and identify 

3 from which appropriation accounts the rescission under 

4 subsection (a) shall apply and the amount of such rescis5 sion that shall apply to each such account. Not later than 

6 60 days after the date of the enactment of this Act, the 

7 Director of the Office of Management and Budget shall 

8 submit a report to the Secretary of the Treasury and Con9 gress of the accounts and amounts determined and identi10 fied for rescission under the preceding sentence. 

11 (c) EXCEPTION.—This section shall not apply to the 

12 unobligated funds of— 

13 (1) the Department of the Interior for the post14 secondary education of Native American Indian stu15 dents; 

16 (2) the Department of Defense; 

17 (3) the Department of Veterans Affairs; or 

18 (4) the Department of Education. 

Æ 


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