I

103D CONGRESS

2D SESSION H. R. 4806

To provide land-grant status for certain Indian colleges and institutions.

IN THE HOUSE OF REPRESENTATIVES

JULY 20, 1994

Mr. WILLIAMS (for himself, Mr. POMEROY, Ms. ENGLISH of Arizona, Mr.

OBERSTAR, Mr. JOHNSON of South Dakota, Mr. STUPAK, Mr. SKEEN,

Mr. RICHARDSON, Mr. SWIFT, Mr. KILDEE, Mrs. MEYERS of Kansas,

Mr. FLAKE, Mr. HILLIARD, Mr. FAZIO, Mr. SCHIFF, Mr. SCOTT, Mr.

MINGE, Mr. MARTINEZ, Mr. DELLUMS, and Mr. GUTIERREZ) introduced

the following bill; which was referred jointly to the Committees on Agriculture and Education and Labor

A BILL

To provide land-grant status for certain Indian colleges and

institutions.

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 ‘‘Equity in Educational

5 Land-Grant Status Act of 1994’’.

6 SEC. 2. DEFINITION.

7 As used in this Act, the term ‘‘1994 Institutions’’

8 means any one of the following colleges:
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1 (1) Bay Mills Community College.

2 (2) Blackfeet Community College.

3 (3) Cheyenne River Community College.

4 (4) D–Q University.

5 (5) Dullknife Memorial College.

6 (6) Fond Du Lac Community College.

7 (7) Fort Belknap Community College.

8 (8) Fort Berthold Community College.

9 (9) Fort Peck Community College.

10 (10) LacCourte Orielles Ojibwa Community

11 College.

12 (11) Little Big Horn Community College.

13 (12) Little Hoop Community College.

14 (13) Nebraska Indian Community College.

15 (14) Northwest Indian College.

16 (15) Oglala Lakota College.

17 (16) Salish Kootenai College.

18 (17) Sinte Gleska University.

19 (18) Sisseton Wahpeton Community College.

20 (19) Standing Rock College.

21 (20) Stonechild Community College.

22 (21) Turtle Mountain Community College.

23 (22) Navajo Community College.

24 (23) United Tribes Technical College.

25 (24) Southwest Indian Polytechnic Institute.
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1 (25) Institute of American Indian and Alaska

2 Native Culture and Arts Development.

3 (26) Crownpoint Institute of Technology.

4 (27) Haskell Indian Junior College.

5 (28) Leech Lake Tribal College.

6 (29) College of the Menominee Nation.

7 SEC. 3. LAND-GRANT STATUS FOR 1994 INSTITUTIONS.

8 (a) IN GENERAL.—1994 Institutions shall be consid9 ered land-grant colleges established for the benefit of agri10 culture and the mechanic arts in accordance with the pro11 visions of the Act of July 2, 1862 (12 Stat. 503; 7 U.S.C.

12 301–305, 307, and 308) except that this section shall not

13 apply to the Act of May 8, 1914 (38 Stat. 372, Chapter

14 79; 7 U.S.C. 341 et seq.) or the Act of March 2, 1887

15 (24 Stat. 440, Chapter 314; 7 U.S.C. 361a et seq.).

16 (b) AUTHORIZATION OF APPROPRIATIONS.—In lieu

17 of extending to 1994 Institutions, the provisions of the

18 Act of July 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C.

19 301 et seq.), there is authorized to be appropriated

20 $23,000,000 to establish an endowment pursuant to sub21 section (c) for 1994 Institutions. Amounts appropriated

22 pursuant to this section shall be held and considered to

23 have been granted to 1994 Institutions to establish an En24 dowment.

25 (c) ENDOWMENT.—
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1 (1) IN GENERAL.—In accordance with this sec2 tion, the Secretary of the Treasury shall establish a

3 1994 Institutions Endowment Fund (referred to in

4 this subsection as the ‘‘endowment fund’’). The Sec5 retary may enter into such agreements as are nec6 essary to carry out this section.

7 (2) DEPOSIT TO THE ENDOWMENT FUND.—The

8 Secretary shall deposit in the endowment fund

9 any—

10 (A) amounts made available by appropria11 tions pursuant to subsection (c) (referred to in

12 this subsection as the ‘‘endowment fund cor13 pus’’); and

14 (B) interest earned on the endowment

15 fund corpus.

16 (3) INVESTMENTS.—The Secretary shall invest

17 the endowment fund corpus and income in interest18 bearing obligations of the United States.

19 (4) WITHDRAWALS AND EXPENDITURES.—The

20 Secretary may not make a withdrawal or expendi21 ture from the endowment fund corpus. On the termi22 nation of each fiscal year, the Secretary shall with23 draw the amount of income from the endowment

24 fund for the fiscal year, and after making adjust-
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1 ments for the cost of administering the endowment

2 fund, distribute the adjusted income as follows:

3 (A) 60 percent of the adjusted income

4 shall be distributed among the 1994 Institu5 tions on a pro rata basis. The proportionate

6 share of the adjusted income received by a 1994

7 Institution under this subparagraph shall be

8 based on the Indian student count (as defined

9 in section 390(3) of the Carl D. Perkins Voca10 tional Education Act (20 U.S.C. 2397h(3) or as

11 defined in section 2(a)(7) of the Tribally Con12 trolled Community College Assistance Act (25

13 U.S.C. 1801)) for each Institution for the fiscal

14 year.

15 (B) 40 percent of the adjusted income

16 shall be distributed in equal shares to the 1994

17 Institutions.

18 SEC. 4. APPROPRIATIONS.

19 (a) AUTHORIZATION OF APPROPRIATIONS.—

20 (1) IN GENERAL.—For each fiscal year, there

21 are authorized to be appropriated to the Department

22 of the Treasury an amount equal to—

23 (A) $50,000; multiplied by

24 (B) the number of 1994 Institutions.
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1 (2) PAYMENTS.—For each fiscal year, the Sec2 retary of the Treasury shall pay to the treasurer of

3 each 1994 Institution an amount equal to—

4 (A) the total amount made available by ap5 propriations pursuant to paragraph (1); divided

6 by

7 (B) the number of 1994 Institutions.

8 (3) USE OF FUNDS; REQUIREMENTS.—The

9 amounts authorized to be appropriated under this

10 subsection shall be used in the same manner as is

11 prescribed for colleges under the Act of August 30,

12 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 322 et

13 seq.), and, except as otherwise provided in this sub14 section, the requirements of such Act shall apply to

15 1994 Institutions.

16 (b) AUTHORIZATION OF APPROPRIATIONS FOR COOP17 ERATIVE AGREEMENTS.—Section 3 of the Act of May 8,

18 1914 (38 Stat. 373, chapter 79; 7 U.S.C. 343) is amend19 ed—

20 (1) in subsection (b), by adding at the end the

21 following new paragraph:

22 ‘‘(3) There is authorized to be appropriated for

23 the fiscal year ending June 30, 1995, and for each

24 fiscal year thereafter, for payment on behalf of the

25 1994 Institutions, $5,000,000 for the purposes set
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1 forth in section 2. Such sums shall be in addition to

2 the sums appropriated for the several States and

3 Puerto Rico, the Virgin Islands, and Guam under

4 the provisions of this section. Such sums shall be

5 distributed on the basis of a competitive applications

6 process to be developed and implemented by the Sec7 retary and paid by the Secretary to State institu8 tions established in accordance with the provisions of

9 the Act of July 2, 1862 (12 Stat. 503, chapter 130;

10 7 U.S.C. 301 et seq.) (other than 1994 Institutions)

11 and administered by such institutions through coop12 erative agreements with 1994 Institutions in their

13 States in accordance with regulations to be adopted

14 by the Secretary.’’;

15 (2) by redesignating subsection (f) as sub16 section (g); and

17 (3) by inserting after subsection (e) the follow18 ing new subsection:

19 ‘‘(f) There shall be no matching requirement for

20 funds made available pursuant to subsection (b)(3).’’.

21 SEC. 5. INSTITUTIONAL CAPACITY BUILDING GRANTS.

22 (a) DEFINITIONS.—As used in this section:

23 (1) FEDERAL SHARE.—The term ‘‘Federal

24 share’’ means, with respect to a grant awarded
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1 under subsection (b), the share of the grant that is

2 provided from Federal funds.

3 (2) NON-FEDERAL SHARE.—The term ‘‘non4 Federal share’’ means, with respect to a grant

5 awarded under subsection (b) the matching funds

6 paid with funds other than funds referred to in

7 paragraph (2), as determined by the Secretary.

8 (3) SECRETARY.—The term ‘‘Secretary’’ means

9 the Secretary of Agriculture.

10 (b) IN GENERAL.—

11 (1) INSTITUTIONAL CAPACITY BUILDING

12 GRANTS.—For each of fiscal years 1995 through

13 1999, the Secretary shall make institutional capacity

14 building grants to assist 1994 Institutions with con15 structing, acquiring, and remodeling buildings, lab16 oratories, and other capital facilities (including fix17 tures and equipment) necessary to conduct research

18 more effectively in agriculture and sciences.

19 (2) REQUIREMENTS FOR GRANTS.—The Sec20 retary shall make grants under this section—

21 (A) on the basis of a competitive applica22 tion process under which appropriate officials of

23 1994 Institutions may submit applications to

24 the Secretary in such form and manner as the

25 Secretary may prescribe; and
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1 (B) in such manner as to ensure geo2 graphic diversity with respect to the 1994 Insti3 tutions that are the subject of the grants.

4 (3) DEMONSTRATION OF NEED.—The Secretary

5 shall require, as part of an application for a grant

6 under this subsection, a demonstration of need. The

7 Secretary may only award a grant under this sub8 section to an applicant that demonstrates a failure

9 to obtain funding for a project after making a rea10 sonable effort to otherwise obtain the funding.

11 (4) PAYMENT OF NON-FEDERAL SHARE.—A

12 grant awarded under this subsection shall be made

13 on the condition that the recipient of the grant pay

14 a non-Federal share in an amount specified by the

15 Secretary.

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to the Department of

18 Agriculture to carry out this section, $1,700,000 for each

19 of fiscal years 1995 through 1999.

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