I 

108TH CONGRESS 

2D SESSION H. R. 4460 

To fulfill the United States Government’s trust responsibility to serve the 

educational needs of the Navajo people. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2004 

Mr. RENZI (for himself, Mr. UDALL of New Mexico, and Mr. MATHESON) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To fulfill the United States Government’s trust responsibility 

to serve the educational needs of the Navajo people. 

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 ‘‘Navajo Nation Higher 

5 Education Act of 2004’’. 

6 SEC. 2. CONGRESSIONAL FINDINGS. 

7 Congress finds as follows: 

8 (1) The Treaty of 1868 between the United 

9 States of America and the Navajo Tribe of Indians 
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1 provides for the education of the citizens of the Nav2 ajo Nation. 

3 (2) The Navajo Nation created and chartered 

4 the Navajo Community College by Resolution CN– 

5 95–68 as a wholly owned educational entity of the 

6 Navajo Nation. 

7 (3) In 1971, Congress enacted the Navajo Com8 munity College Act (Public Law 92–189; 25 U.S.C. 

9 640a et seq.). 

10 (4) The Navajo Nation officially changed the 

11 name of the Navajo Community College to Dine ́ Col12 lege by Resolution CAP–35–97. 

13 (5) The purpose of Dine ́ College is to provide 

14 educational opportunities to the Navajo people and 

15 others in areas important to the economic and social 

16 development of the Navajo Nation. 

17 (6) The mission of Dine ́ College is to apply the 

18 principles of Sa’ah Naagha ́ ́ı Bik’eh Ho ́zho ́ ́on (Dine ́

19 Philosophy) to advance quality student learning 

20 through training of the mind and heart— 

21 (A) through Nitsa ́ha ́kees (Thinking), 

22 Nahata ́ (Planning), Iina ́ (Living), and Sihasin 

23 (Assurance); 

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

25 philosophy, and culture; 
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1 (C) in preparation for further studies and 

2 employment in a multicultural and technological 

3 world; and 

4 (D) in fostering social responsibility, com5 munity service, and scholarly research that con6 tribute to the social, economic, and cultural 

7 well-being of the Navajo Nation. 

8 (7) The United States has a trust and treaty 

9 responsibility to the Navajo Nation to provide for 

10 the educational opportunities for Navajo people. 

11 (8) Significant portions of the College’s infra12 structure are dilapidated and pose a serious health 

13 and safety risk to students, employees and the pub14 lic. 

15 (9) The purposes and intent of this Act are 

16 consistent with Executive Order 13270 on tribal col17 leges and universities and fulfill the United States 

18 Government’s trust responsibility to serve the edu19 cational needs of the Navajo people. 

20 (10) The purposes and intent of this Act are 

21 consisted with the Executive Order relating to Amer22 ican Indian and Alaska Native education issued on 

23 April 30, 2004, and fulfills the United States Gov24 ernment’s responsibility to serve the education needs 

25 of the Navajo people. 
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1 SEC. 3. DEFINITIONS. 

2 For the purposes of this Act: 

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

4 the Secretary of the Interior. 

5 (2) NATION.—The term ‘‘Nation’’ means the 

6 Navajo Nation. 

7 (3) COLLEGE.—The term ‘‘College’’ means 

8 Dine ́ College. 

9 (4) OPERATIONS AND MAINTENANCE.—The 

10 term ‘‘operation and maintenance’’ means all cost 

11 and expenses associated with the customary daily 

12 operation of the College and necessary maintenance 

13 costs. 

14 (5) INFRASTRUCTURE.—The term ‘‘infrastruc15 ture’’ means College buildings, water and sewer fa16 cilities, roads, foundation, information technology, 

17 and telecommunications, including classrooms and 

18 external matters such as walkways. 

19 (6) RENOVATIONS AND REPAIRS.—The term 

20 ‘‘renovations and repairs’’ means modernization and 

21 improvements to the infrastructure. 

22 SEC. 4. REAUTHORIZATION OF DINE ́ COLLEGE. 

23 Congress authorizes the Dine College to receive all 

24 Federal funding and resources under this Act and other 

25 laws for its operation, improvement, and growth, including 

26 (but not limited to) the following: 
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1 (1) to provide programs of higher education for 

2 citizens of the Nation and others; 

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

5 (3) to preserve and protect the Navajo lan6 guage, philosophy, and culture for citizens of the 

7 Nation and others; 

8 (4) to provide Navajo communities and people 

9 with employment and training opportunities; 

10 (5) to provide economic development and com11 munity outreach for Navajo communities and people; 

12 and 

13 (6) to provide a safe learning, working, and liv14 ing environment for students, employees, and the 

15 public. 

16 SEC. 5. FACILITIES AND CAPITAL PROJECTS. 

17 The College is authorized to expend money received 

18 pursuant to section 7(c) to undertake all renovations and 

19 repairs to the College’s infrastructure, as identified by a 

20 strategic plan approved by the College, and submitted to 

21 the Secretary. 

22 SEC. 6. STATUS OF FUNDS. 

23 Funds provided under this Act to the College may 

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

25 purposes of any provision of Federal law which requires 
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1 that non-Federal or private funds of the College be used 

2 in a project for a specific purpose. 

3 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—There are hereby authorized to be 

5 appropriated to the College, for each fiscal year, such 

6 amounts as are necessary to pay for the operation and 

7 maintenance of the College. 

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

9 the operation and maintenance of the College separately 

10 from tribal colleges and universities recognized and funded 

11 by the Tribally Controlled College or University Assistance 

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

13 (c) FACILITIES AND CAPITAL PROJECTS.—In addi14 tion to amounts appropriated under subsection (a), there 

15 are authorized to be appropriated to carry out section 5, 

16 $15,000,000 for fiscal year 2005 and each of the 4 suc17 ceeding fiscal years. Such amounts maybe funded through 

18 any one or more of the following agencies: 

19 (1) the Department of Interior; 

20 (2) the Department of Education; 

21 (3) the Department of Heath and Human Serv22 ices; 

23 (4) the Department of Housing and Urban De24 velopment; 

25 (5) the Department of Commerce; 
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1 (6) the Environmental Protection Agency; 

2 (7) the Department of Veterans Affairs; 

3 (8) the Department of Agriculture; 

4 (9) the Department of Homeland Security; 

5 (10) the Department of Defense; 

6 (11) the Department of Labor; and 

7 (12) the Department of Transportation. 

8 SEC. 8. SURVEY, STUDY, AND REPORT. 

9 (a) INFORMATION TO CONGRESS.—The Secretary 

10 shall conduct a detailed survey and study of all capital 

11 projects and facility needs of the College, and shall report 

12 the results of such survey and study to Congress not later 

13 than October 31, 2009. Such report shall included any 

14 recommendations or views submitted by the College and 

15 the Nation, and shall include detailed recommendations by 

16 the Secretary. 

17 (b) ADMINISTRATIVE EXPENSES.—Funds to carry 

18 out this section may be drawn from general administrative 

19 appropriations to the Secretary. 

20 SEC. 9. SUPERSESSION OF NAVAJO COMMUNITY COLLEGE 

21 ACT. 

22 This Act supersedes the Navajo Community College 

23 Act (Public Law 92–189; 25 U.S.C. 640a et seq.), and 

24 such Act is repealed. 
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1 SEC. 10. CONTINUING ELIGIBILITY FOR OTHER FEDERAL 

2 FUNDS. 

3 Except as explicitly provided for in other Federal law, 

4 nothing in this Act shall preclude the eligibility of the Col5 lege to received Federal funding and resources under any 

6 program authorized under the Higher Education Act of 

7 1965, the Equity in Educational Land Grant Status Act 

8 (Title V, Part C, of P.L. 103–382; 7 U.S.C. 301 note), 

9 or any other applicable program for the benefit of institu10 tions of higher education, community colleges, or postsec11 ondary educational institutions. 

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