I 

112TH CONGRESS 

1ST SESSION H. R. 3040 

To help fulfill the Federal mandate to provide higher educational opportunities 

for Native American Indians. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2011 

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

Ms. DEGETTE, Mr. PERLMUTTER, Mr. COFFMAN of Colorado, Mr. 

LUJA ́N, and Mr. POLIS) 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 of 2011’’. 

6 SEC. 2. PURPOSE. 

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

8 funding is provided to support and sustain the longVerDate Mar 15 2010 02:28 Sep 28, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3040.IH H3040

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1 standing Federal mandate requiring colleges and States 

2 to waive, in certain circumstances, tuition charges for Na3 tive American Indian students they admit to an under4 graduate college program, including the waiver of tuition 

5 charges for Indian students who are not residents of the 

6 State in which the college is located. 

7 SEC. 3. FINDINGS. 

8 Congress finds the following: 

9 (1) Native American-serving nontribal college 

10 institutions have a valuable supplemental role to 

11 that provided by tribally controlled community col12 leges in making available educational opportunities 

13 to Native American Indian students. 

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

15 nontribal college institutions provide tuition-free 

16 education, with the support of the State in which 

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

18 hundreds of Native American Indian students in ful19 fillment of a condition under which the United 

20 States provided land and facilities for such colleges 

21 to a State or college. 

22 (3) The value of the Native student tuition 

23 waiver benefits contributed by these colleges and the 

24 States which support them today far exceeds the 

25 value of the original grant of land and facilities. 


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1 (4) The ongoing financial burden of meeting 

2 this Federal mandate to provide tuition-free edu3 cation to Indian students is no longer equitably 

4 shared among the States and colleges because it 

5 does not distinguish between Indian students who 

6 are residents of the State or of another State. 

7 (5) Native student tuition waiver benefits are 

8 now at risk of being terminated by severe budget 

9 constraints being experienced by these colleges and 

10 the States which support them. 

11 SEC. 4. STATE RELIEF FROM FEDERAL MANDATE. 

12 (a) AMOUNT OF PAYMENT.— 

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

14 and (3), for fiscal year 2011 and each succeeding 

15 fiscal year, the Secretary of Education shall pay to 

16 any eligible college an amount equal to the charges 

17 for tuition for all Indian students who are not resi18 dents of the State in which the college is located and 

19 who are enrolled in the college for the academic year 

20 ending before the beginning of such fiscal year. 

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

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

23 American-serving nontribal institution of higher edu24 cation which provides tuition-free education as man25 dated by Federal statute, with the support of the 


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1 State in which it is located, to Native American In2 dian students in fulfillment of a condition under 

3 which the college or State received its original grant 

4 of land and facilities from the United States. 

5 (3) LIMITATION.—The amount paid to any col6 lege for each fiscal year under paragraph (1) may 

7 not exceed the amount equal to the charges for tui8 tion for all Indian students of that college who were 

9 not residents of the State in which the college is lo10 cated and who were enrolled in the college for aca11 demic year 2010–2011. 

12 (b) TREATMENT OF PAYMENT.—Any amounts re13 ceived by a college under this section shall be treated as 

14 a reimbursement from the State in which the college is 

15 located, and shall be considered as provided in fulfillment 

16 of any Federal mandate upon the State to admit Indian 

17 students free of charge of tuition. 

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

19 shall be construed to relieve any State from any mandate 

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

21 each academic year— 

22 (1) with respect to Indian students enrolled in 

23 the college who are not residents of the State in 

24 which the college is located, any amount of charges 

25 for tuition for such students that exceeds the 


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1 amount received under this section for such aca2 demic year; and 

3 (2) with respect to Indian students enrolled in 

4 the college who are residents of the State in which 

5 the college is located, an amount equal to the 

6 charges for tuition for such students for such aca7 demic year. 

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

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

10 as that term has been utilized in Federal statutes impos11 ing a mandate upon any college or State to provide tui12 tion-free education to Native American Indian students in 

13 fulfillment of a condition under which it received its origi14 nal grant of land and facilities from the United States. 

15 (e) FUNDING.—There are authorized to be appro16 priated such sums as may be necessary to carry out this 

17 section. 

18 SEC. 5. OFFSET. 

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, of all available unobligated funds, 

21 $15,000,000 in appropriated discretionary funds are here22 by rescinded. 

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

24 Management and Budget shall determine and identify 

25 from which appropriation accounts the rescission under 


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1 subsection (a) shall apply and the amount of such rescis2 sion that shall apply to each such account. Not later than 

3 60 days after the date of the enactment of this Act, the 

4 Director of the Office of Management and Budget shall 

5 submit a report to the Secretary of the Treasury and Con6 gress of the accounts and amounts determined and identi7 fied for rescission under the preceding sentence. 

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

9 unobligated funds of the Department of Defense, the De10 partment of Veterans Affairs, or the Department of Edu11 cation. 

Æ 


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