II 

108TH CONGRESS 

2D SESSION S. 2539 

To amend the Tribally Controlled Colleges or University Assistance Act and 

the Higher Education Act to improve Tribal Colleges and Universities, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2004 

Mr. CAMPBELL (for himself, Mr. INOUYE, Mr. DOMENICI, and Mr. SMITH) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To amend the Tribally Controlled Colleges or University Assistance Act and the Higher Education Act to improve 

Tribal Colleges and Universities, and for other purposes. 

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

3 TITLE I—TRIBAL COLLEGES AND 

4 UNIVERSITIES 

5 SEC. 101. TRIBALLY CONTROLLED COLLEGE OR UNIVER6 SITY ACT OF 1978. 

7 (a) FORMULA.—Section 108(a)(2) of the Tribally 

8 Controlled College or University Assistance Act of 1978 
2 

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1 (25 U.S.C. 1808) is amended by striking ‘‘$6,000’’ and 

2 inserting ‘‘$8,000’’. 

3 (b) TITLE I REAUTHORIZATION.—Section 110(a) of 

4 the Tribally Controlled College or University Assistance 

5 Act of 1978 (25 U.S.C. 1810(a)) is amended— 

6 (1) in paragraphs (1), (2), (3), and (4), by 

7 striking ‘‘1999’’ and inserting ‘‘2004’’; 

8 (2) in paragraphs (1), (2), and (3), by striking 

9 ‘‘4 succeeding’’ and inserting ‘‘5 succeeding’’; 

10 (3) in paragraph (2), by striking 

11 ‘‘$40,000,000’’ and inserting ‘‘$55,000,000’’; 

12 (4) in paragraph (3), by striking 

13 ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; and 

14 (5) in paragraph (4), by striking ‘‘succeeding 

15 4’’ and inserting ‘‘5 succeeding’’. 

16 (c) TITLE III REAUTHORIZATION.—Section 306(a) of 

17 the Tribally Controlled College or University Assistance 

18 Act of 1978 (25 U.S.C. 1836(a)) is amended— 

19 (1) by striking ‘‘1999’’ and inserting ‘‘2004’’; 

20 and 

21 (2) by striking ‘‘4 succeeding’’ and inserting ‘‘5 

22 succeeding’’. 

23 (d) TITLE IV REAUTHORIZATION.—Section 403 of 

24 the Tribal Economic Development and Technology Re-
3 

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1 lated Education Assistance Act of 1990 (25 U.S.C. 1852) 

2 is amended— 

3 (1) by striking ‘‘$2,000,000 for fiscal year 

4 1999’’ and inserting ‘‘$5,000,000 for fiscal year 

5 2004’’; and 

6 (2) by striking ‘‘4 succeeding’’ and inserting ‘‘5 

7 succeeding’’. 

8 (e) CLARIFICATION OF THE DEFINITION OF NA9 TIONAL INDIAN ORGANIZATION.—Section 2(a)(6) of the 

10 Tribally Controlled College or University Assistance Act 

11 of 1978 (25 U.S.C. 1801(a)(6)) is amended by striking 

12 ‘‘in the field of Indian education’’ and inserting ‘‘in the 

13 field of Tribal Colleges and Universities and Indian higher 

14 education’’. 

15 (f) INDIAN STUDENT COUNT.—Section 2(a) of the 

16 Tribally Controlled College or University Assistance Act 

17 (25 U.S.C. 1801(a)) is amended— 

18 (1) by redesignating paragraphs (7) and (8) as 

19 paragraphs (8) and (9), respectively; and 

20 (2) by inserting after paragraph (6) the fol21 lowing: 

22 ‘‘(7) ‘Indian student’ means a person who is— 

23 ‘‘(A) a member of an Indian tribe; or 

24 ‘‘(B) a biological child of a member of an 

25 Indian tribe, living or deceased;’’. 
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1 (g) CONTINUING EDUCATION.—Section 2(b) of the 

2 Tribally Controlled College or University Assistance Act 

3 (25 U.S.C. 1801(b)) is amended by striking paragraph (5) 

4 and inserting the following: 

5 ‘‘(5) DETERMINATION OF CREDITS.—Eligible 

6 credits earned in a continuing education program— 

7 ‘‘(A) shall be determined as 1 credit for 

8 every 10 contact hours in the case of an institu9 tion on a quarter system, or 15 contact hours 

10 in the case of an institution on a semester sys11 tem, of participation in an organized continuing 

12 education experience under responsible sponsor13 ship, capable direction, and qualified instruc14 tion, as described in the criteria established by 

15 the International Association for Continuing 

16 Education and Training; and 

17 ‘‘(B) shall be limited to 10 percent of the 

18 Indian student count of a tribally controlled col19 lege or university.’’. 

20 (h) ACCREDITATION REQUIREMENT.—Section 103 of 

21 the Tribally Controlled College or University Assistance 

22 Act (25 U.S.C. 1804) is amended— 

23 (1) in paragraph (2), by striking ‘‘and’’ at the 

24 end; 
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1 (2) in paragraph (3), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by inserting after paragraph (3), the fol4 lowing: 

5 ‘‘(4)(A) is accredited by a nationally recognized 

6 accrediting agency or association determined by the 

7 Secretary of Education to be a reliable authority 

8 with regard to the quality of training offered; or 

9 ‘‘(B) is, according to such an agency or associa10 tion, making reasonable progress toward accredita11 tion.’’. 

12 (i) TECHNICAL ASSISTANCE CONTRACT AWARDS.— 

13 Section 105 of the Tribally Controlled College or Univer14 sity Assistance Act (25 U.S.C. 1805) is amended in the 

15 second sentence by striking ‘‘In the awarding of contracts 

16 for technical assistance, preference shall be given’’ and in17 serting ‘‘The Secretary shall direct that contracts for tech18 nical assistance be awarded’’. 

19 SEC. 102. TITLE III GRANTS FOR AMERICAN INDIAN TRIB20 ALLY CONTROLLED COLLEGES AND UNIVER21 SITIES. 

22 (a) DEFINITION OF TRIBAL COLLEGE OR UNIVER23 SITY.—Section 316(b) of the Higher Education Act of 

24 1965 (20 U.S.C. 1059c(b)) is amended by striking para25 graph (3) and inserting the following: 
6 

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1 ‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.— 

2 ‘‘(A) IN GENERAL.—The term ‘Tribal Col3 lege or University’ means an institution that 

4 meets the definition of tribally controlled college 

5 or university in section 2 of the Tribally Con6 trolled College or University Assistance Act of 

7 1978 (25 U.S.C. 1801). 

8 ‘‘(B) INCLUSIONS.—The term ‘Tribal Col9 lege or University’ includes Bay Mills Commu10 nity College; Blackfeet Community College; 

11 Cankdeska Cikana Community College; Chief 

12 Dull Knife College; College of Menominee Na13 tion; Crownpoint Institute of Technology; Dine 

14 College; D–Q University; Fond Du Lac Tribal 

15 and Community College; Fort Belknap College; 

16 Fort Berthold Community College; Fort Peck 

17 Community College; Haskell Indian Nations 

18 University; Institute of American Indian and 

19 Alaska Native Culture and Arts Development; 

20 Lac Courte Oreilles Ojibwa Community College; 

21 Leech Lake Tribal College; Little Big Horn 

22 College; Little Priest Tribal College; Nebraska 

23 Indian Community College; Northwest Indian 

24 College; Oglala Lakota College; Saginaw Chip25 pewa Tribal College; Salish Kootenai College; Si 
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1 Tanka University-Eagle Butte Campus; Sinte 

2 Gleska University; Sisseton Wahpeton Commu3 nity College; Sitting Bull College; Southwestern 

4 Indian Polytechnic Institute; Stone Child Col5 lege; Tohono O’odham Community College; 

6 Turtle Mountain Community College; United 

7 Tribes Technical College; and White Earth 

8 Tribal and Community College.’’. 

9 (b) DISTANCE LEARNING.—Section 316(c)(2) of the 

10 Higher Education Act of 1965 (20 U.S.C. 1059c(c)(2)) 

11 is amended— 

12 (1) in subparagraph (B), by inserting before 

13 the semicolon at the end the following: ‘‘and the ac14 quisition of real property adjacent to the campus of 

15 the institution on which to construct such facilities’’; 

16 (2) in subparagraph (K), by striking ‘‘and’’ at 

17 the end; 

18 (3) by redesignating subparagraph (L) as sub19 paragraph (M); and 

20 (4) by inserting after subparagraph (K) the fol21 lowing: 

22 ‘‘(L) developing or improving facilities for 

23 Internet use or other distance learning aca24 demic instruction capabilities; and’’. 
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1 (c) APPLICATION, PLAN, AND ALLOCATION.—Section 

2 316 of the Higher Education Act of 1965 (20 U.S.C. 

3 1059c) is amended by striking subsection (d) and insert4 ing the following: 

5 ‘‘(d) APPLICATION, PLAN, AND ALLOCATION.— 

6 ‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eligi7 ble to receive assistance under this section, a Tribal 

8 College or University shall be an eligible institution 

9 under section 312(b). 

10 ‘‘(2) APPLICATION.— 

11 ‘‘(A) IN GENERAL.—A Tribal College or 

12 University desiring to receive assistance under 

13 this section shall submit an application to the 

14 Secretary at such time, and in such manner, as 

15 the Secretary may reasonably require. 

16 ‘‘(B) STREAMLINED PROCESS.—The Sec17 retary shall establish application requirements 

18 in such a manner as to simplify and streamline 

19 the process for applying for grants. 

20 ‘‘(3) ALLOCATIONS TO INSTITUTIONS.— 

21 ‘‘(A) CONSTRUCTION GRANTS.— 

22 ‘‘(i) IN GENERAL.—Of the amount ap23 propriated to carry out this section for any 

24 fiscal year, the Secretary shall reserve 30 

25 percent for the purpose of awarding 1-year 
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1 grants of not less than $1,000,000 to ad2 dress construction, maintenance, and ren3 ovation needs at eligible institutions. 

4 ‘‘(ii) PREFERENCE.—In providing 

5 grants under clause (i), the Secretary shall 

6 give preference to eligible institutions that 

7 have not yet received an award under this 

8 section. 

9 ‘‘(B) ALLOTMENT OF REMAINING

10 FUNDS.— 

11 ‘‘(i) IN GENERAL.—Except as pro12 vided in clause (ii), the Secretary shall dis13 tribute the remaining funds appropriated 

14 for any fiscal year to each eligible institu15 tion as follows: 

16 ‘‘(I) 60 percent of the remaining 

17 appropriated funds shall be distrib18 uted among the eligible Tribal Col19 leges and Universities pro rata basis, 

20 based on the respective Indian student 

21 counts (as defined in section 2(a) of 

22 the Tribally Controlled College or 

23 University Assistance Act of 1978 (25 

24 U.S.C. 1801(a)) of the Tribal Colleges 

25 and Universities; and 
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1 ‘‘(II) the remaining 40 percent 

2 shall be distributed in equal shares to 

3 eligible Tribal Colleges and Univer4 sities. 

5 ‘‘(ii) MINIMUM GRANT.—The amount 

6 distributed to a Tribal College or Univer7 sity under clause (i) shall not be less than 

8 $500,000. 

9 ‘‘(4) SPECIAL RULES.— 

10 ‘‘(A) CONCURRENT FUNDING.—For the 

11 purposes of this part, no Tribal College or Uni12 versity that is eligible for and receives funds 

13 under this section shall concurrently receive 

14 funds under other provisions of this part or 

15 part B. 

16 ‘‘(B) EXEMPTION.—Section 313(d) shall 

17 not apply to institutions that are eligible to re18 ceive funds under this section.’’. 

19 SEC. 103. LOAN REPAYMENT OR CANCELLATION FOR INDI20 VIDUALS WHO TEACH IN TRIBAL COLLEGES 

21 OR UNIVERSITIES. 

22 (a) PERKINS LOANS.— 

23 (1) AMENDMENT.—Section 465(a) of the High24 er Education Act of 1965 (20 U.S.C. 1087ee(a)) is 

25 amended— 
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1 (A) in paragraph (2)— 

2 (i) in subparagraph (H), by striking 

3 ‘‘or’’ at the end; 

4 (ii) in subparagraph (I), by striking 

5 the period at the end and inserting ‘‘; or’’; 

6 and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(J) as a full-time teacher at a Tribal Col10 lege or University (as defined in section 

11 316(b)).’’; and 

12 (B) in paragraph (3)(A)(i), by striking ‘‘or 

13 (I)’’ and inserting ‘‘(I), or (J)’’. 

14 (2) EFFECTIVE DATE.—The amendments made 

15 by paragraph (1) shall be effective for service per16 formed during academic year 1998–1999 and suc17 ceeding academic years, notwithstanding any con18 trary provision of the promissory note under which 

19 a loan under part E of title IV of the Higher Edu20 cation Act of 1965 (20 U.S.C. 1087aa et seq.) was 

21 made. 

22 (b) FFEL AND DIRECT LOANS.—Part G of title IV 

23 of the Higher Education Act of 1965 (20 U.S.C. 1088 

24 et seq.) is amended by adding at the end the following: 
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1 ‘‘SEC. 493. LOAN REPAYMENT OR CANCELLATION FOR INDI2 VIDUALS WHO TEACH IN TRIBAL COLLEGES 

3 OR UNIVERSITIES. 

4 ‘‘(a) DEFINITION OF YEAR.—In this section, the 

5 term ‘year’, as applied to employment as a teacher, means 

6 an academic year (as defined by the Secretary). 

7 ‘‘(b) PROGRAM.—The Secretary shall carry out a pro8 gram, through the holder of a loan, of assuming or can9 celing the obligation to repay a qualified loan amount, in 

10 accordance with subsection (c), for any new borrower on 

11 or after the date of enactment of this section, who— 

12 ‘‘(1) has been employed as a full-time teacher 

13 at a Tribal College or University (as defined in sec14 tion 316(b)); and 

15 ‘‘(2) is not in default on a loan for which the 

16 borrower seeks repayment or cancellation. 

17 ‘‘(c) QUALIFIED LOAN AMOUNTS.— 

18 ‘‘(1) PERCENTAGES.—Subject to paragraph (2), 

19 the Secretary shall assume or cancel the obligation 

20 to repay under this section— 

21 ‘‘(A) 15 percent of the amount of all loans 

22 made, insured, or guaranteed after the date of 

23 enactment of this section to a student under 

24 part B or D, for the first or second year of em25 ployment described in subsection (b)(1); 
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1 ‘‘(B) 20 percent of such total amount, for 

2 the third or fourth year of such employment; 

3 and 

4 ‘‘(C) 30 percent of such total amount, for 

5 the fifth year of such employment. 

6 ‘‘(2) MAXIMUM.—The Secretary shall not repay 

7 or cancel under this section more than $15,000 in 

8 the aggregate of loans made, insured, or guaranteed 

9 under parts B and D for any student. 

10 ‘‘(3) TREATMENT OF CONSOLIDATION LOANS.— 

11 A loan amount for a loan made under section 428C 

12 may be a qualified loan amount for the purposes of 

13 this subsection only to the extent that the loan 

14 amount was used to repay a loan made, insured, or 

15 guaranteed under part B or D for a borrower who 

16 meets the requirements of subsection (b), as deter17 mined in accordance with regulations promulgated 

18 by the Secretary. 

19 ‘‘(d) REGULATIONS.—The Secretary may promulgate 

20 such regulations as are necessary to carry out this section. 

21 ‘‘(e) EFFECT OF SECTION.—Nothing in this section 

22 authorizes any refunding of any repayment of a loan. 

23 ‘‘(f) PREVENTION OF DOUBLE BENEFITS.—No bor24 rower may, for the same service, receive a benefit under 

25 both this section and subtitle D of title I of the National 
14 

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1 and Community Service Act of 1990 (42 U.S.C. 12571 

2 et seq.).’’. 

3 (c) AMOUNTS FORGIVEN NOT TREATED AS GROSS

4 INCOME.—Rules similar to the rules under section 108(f) 

5 of the Internal Revenue Code of 1986 shall apply to the 

6 amount of any loan that is assumed or canceled under this 

7 section. 

8 TITLE II—NAVAJO HIGHER 

9 EDUCATION 

10 SEC. 201. SHORT TITLE. 

11 This title may be cited as the ‘‘Navajo Nation Higher 

12 Education Act of 2004’’. 

13 SEC. 202. CONGRESSIONAL FINDINGS. 

14 Congress finds that— 

15 (1) the Treaty of 1868 between the United 

16 States of America and the Navajo Tribe of Indians 

17 (15 Stat. 667) provides for the education of the citi18 zens of the Navajo Nation; 

19 (2) in 1998, the Navajo Nation created and 

20 chartered the Navajo Community College by Resolu21 tion CN–95–68 as a wholly owned educational entity 

22 of the Navajo Nation; 

23 (3) in 1971, Congress enacted the Navajo Com24 munity College Act (25 U.S.C. 640a et seq.); 
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1 (4) in 1997, the Navajo Nation officially 

2 changed the name of the Navajo Community College 

3 to Dine ́ College by Resolution CAP–35–97; 

4 (5) the purpose of Dine ́ College is to provide 

5 educational opportunities to the Navajo people and 

6 others in areas important to the economic and social 

7 development of the Navajo Nation; 

8 (6) the mission of Dine ́ College is to apply the 

9 principles of Sa’ah Naaghı ́ Bik’eh Ho ́zho ́ ́on (Dine ́

10 Philosophy) to advance student learning through 

11 training of the mind and heart— 

12 (A) through Nitshkees (Thinking), Nahat 

13 (Planning), Iin (Living), and Sihasin (Assur14 ance); 

15 (B) in study of the Dine ́ language, history, 

16 philosophy, and culture; 

17 (C) in preparation for further studies and 

18 employment in a multicultural and technological 

19 world; and 

20 (D) in fostering social responsibility, com21 munity service, and scholarly research that con22 tribute to the social, economic, and cultural 

23 well-being of the Navajo Nation; 
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1 (7) the United States has a trust and treaty re2 sponsibility to the Navajo Nation to provide for the 

3 educational opportunities for Navajo people; 

4 (8) significant portions of the infrastructure of 

5 the College are dilapidated and pose a serious health 

6 and safety risk to students, employees and the pub7 lic; and 

8 (9) the purposes and intent of this Act— 

9 (A) are consistent with— 

10 (i) Executive Order 13270 (3 C.F.R. 

11 242 (2002); relating to tribal colleges and 

12 universities)); and 

13 (ii) Executive Order 13336 (69 Fed. 

14 Reg. 25295; relating to American Indian 

15 and Alaska Native education), issued on 

16 April 30, 2004; and 

17 (B) fulfill the responsibility of the United 

18 States to serve the education needs of the Nav19 ajo people. 

20 SEC. 203. DEFINITIONS. 

21 In this title: 

22 (1) COLLEGE.—The term ‘‘College’’ means 

23 Dine ́ College. 

24 (2) COSTS OF OPERATION AND MAINTE25 NANCE.—The term ‘‘operation and maintenance’’ 
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1 means all costs and expenses associated with the 

2 customary daily operation of the College and nec3 essary maintenance costs. 

4 (3) INFRASTRUCTURE.— 

5 (A) IN GENERAL.—The term ‘‘infrastruc6 ture’’ means College buildings, water and sewer 

7 facilities, roads, foundation, information tech8 nology, and telecommunications. 

9 (B) INCLUSIONS.—The term ‘‘infrastruc10 ture’’ includes— 

11 (i) classrooms; and 

12 (ii) external structures, such as walk13 ways. 

14 (4) NATION.—The term ‘‘Nation’’ means the 

15 Navajo Nation. 

16 (5) RENOVATIONS AND REPAIRS.—The term 

17 ‘‘renovations and repairs’’ means modernization and 

18 improvements to the infrastructure. 

19 (6) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the Interior. 

21 SEC. 204. REAUTHORIZATION OF DINE ́ COLLEGE. 

22 Congress authorizes the College to receive all Federal 

23 funding and resources under this Act and other laws for 

24 the operation, improvement, and growth of the College, in25 cluding— 
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1 (1) provision of programs of higher education 

2 for citizens of the Nation and others; 

3 (2) provision of vocational and technical edu4 cation for citizens of the Nation and others; 

5 (3) preservation and protection of the Navajo 

6 language, philosophy, and culture for citizens of the 

7 Nation and others; 

8 (4) provision of employment and training op9 portunities to Navajo communities and people; 

10 (5) provision of economic development and com11 munity outreach for Navajo communities and people; 

12 and 

13 (6) provision of a safe learning, working, and 

14 living environment for students, employees, and the 

15 public. 

16 SEC. 205. FACILITIES AND CAPITAL PROJECTS. 

17 The College may expend money received under sec18 tion 209(c) to undertake all renovations and repairs to the 

19 infrastructure of the College, as identified by a strategic 

20 plan approved by the College and submitted to the Sec21 retary. 

22 SEC. 206. STATUS OF FUNDS. 

23 Funds provided to the College under this title may 

24 be treated as non-Federal, private funds of the College for 

25 purposes of any provision of Federal law that requires that 
19 

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1 non-Federal or private funds of the College be used in a 

2 project for a specific purpose. 

3 SEC. 207. SURVEY, STUDY, AND REPORT. 

4 (a) REPORT.—The Secretary shall— 

5 (1) conduct a detailed study of all capital 

6 projects and facility needs of the College; and 

7 (2) submit to Congress a report that — 

8 (A) describes the results of the study not 

9 later than October 31, 2009; and 

10 (B) includes detailed recommendations of 

11 the Secretary and any recommendations or 

12 views submitted by the College and the Nation. 

13 (b) ADMINISTRATIVE EXPENSES.—Funds to carry 

14 out this section may be drawn from general administrative 

15 appropriations to the Secretary. 

16 SEC. 208. CONTINUING ELIGIBILITY FOR OTHER FEDERAL 

17 FUNDS. 

18 Except as explicitly provided for in other Federal law, 

19 nothing in this Act precludes the eligibility of the College 

20 to received Federal funding and resources under any pro21 gram authorized under— 

22 (1) the Higher Education Act of 1965 (20 

23 U.S.C. 1001 et seq.); and 
20 

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1 (2) the Equity in Educational Land Grant Sta2 tus Act (title V, part C, of Public Law 103–382; 7 

3 U.S.C. 301 note); or 

4 (3) any other applicable program for the benefit 

5 of institutions of higher education, community col6 leges, or postsecondary educational institutions. 

7 SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) IN GENERAL.—There are authorized to be appro9 priated for each fiscal year such amounts as are necessary 

10 to pay the costs of operation and maintenance. 

11 (b) BUDGET PLACEMENT.—The Secretary shall fund 

12 the costs of operation and maintenance of the College sep13 arately from tribal colleges and universities recognized and 

14 funded by the Tribally Controlled College or University 

15 Assistance Act of 1978 (25 U.S.C. 1801 et seq.). 

16 (c) FACILITIES AND CAPITAL PROJECTS.— 

17 (1) IN GENERAL.—In addition to amounts 

18 made available under subsection (a), there are au19 thorized to be appropriated to carry out section 205 

20 $15,000,000 for each of fiscal years 2005 through 

21 2009. 

22 (2) AGENCIES.—Amounts made available under 

23 paragraph (1) may be funded through any 1 or more 

24 of— 

25 (A) the Department of the Interior; 
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1 (B) the Department of Education; 

2 (C) the Department of Health and Human 

3 Services; 

4 (D) the Department of Housing and 

5 Urban Development; 

6 (E) the Department of Commerce; 

7 (F) the Environmental Protection Agency; 

8 (G) the Department of Veterans Affairs; 

9 (H) the Department of Agriculture; 

10 (I) the Department of Homeland Security; 

11 (J) the Department of Defense; 

12 (K) the Department of Labor; and 

13 (L) the Department of Transportation. 

14 SEC. 210. REPEAL OF NAVAJO COMMUNITY COLLEGE ACT. 

15 This Act supersedes the Navajo Community College 

16 Act (25 U.S.C. 640a et seq.). 

Æ