I 
108TH CONGRESS 
2D SESSION 
H. R. 5289 
To establish the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence 
in Tribal Governance Foundation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 7, 2004 
Mr. WU (for himself, Mr. BLUMENAUER, Ms. HOOLEY of Oregon, and Mr. 
DEFAZIO) introduced the following bill; which was referred to the Com-
mittee on Resources 
A BILL 
To establish the Mark O. Hatfield-Elizabeth Furse Scholar-
ship and Excellence in Tribal Governance Foundation, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mark O. Hatfield-Eliz-
abeth Furse Scholarship and Excellence in Tribal Govern-
ance Act of 2004’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows:
(1) Senator Mark O. Hatfield and Congress-
woman Elizabeth Furse served their country with 
distinction and honor. 
(2) Senator Mark O. Hatfield and Congress-
woman Elizabeth Furse have had a lasting impact 
on this Nation’s relationship with Native Americans. 
(3) Senator Mark O. Hatfield and Congress-
woman Elizabeth Furse have been champions of the 
rights of Native Americans and Alaska Natives and 
worked in the Congress to strengthen tribal self-gov-
ernance. 
(4) It is a fitting tribute to the leadership, cour-
age, and bipartisan spirit that Senator Mark O. 
Hatfield and Congresswoman Elizabeth Furse exem-
plified to establish in their names programs to en-
courage excellence in tribal government. 
SEC. 3. DEFINITIONS. 
For purposes of this Act: 
(1) The term ‘‘Board’’ means the Board of 
Trustees of the Mark O. Hatfield-Elizabeth Furse 
Scholarship and Excellence in Tribal Governance 
Foundation established under section 4(b). 
(2) The term ‘‘eligible individual’’ means a cit-
izen or national of the United States or a permanent 
resident alien of the United States.
(3) The term ‘‘Foundation’’ means the Mark O. 
Hatfield-Elizabeth Furse Scholarship and Excellence 
in Tribal Governance Foundation established under 
section 4(a). 
(4) The term ‘‘Fund’’ means the Mark O. Hat-
field-Elizabeth Furse Scholarship and Excellence in 
Tribal Governance Fund established by section 7. 
(5) The term ‘‘Institute’’ means the Institute 
for Tribal Government established at Portland State 
University in 2000. 
(6) The term ‘‘institution of higher education’’ 
has the meaning given to that term in section 101 
of the Higher Education Act of 1965 (20 U.S.C. 
1001). 
(7) The term ‘‘Portland State University’’ 
means Portland State University in Portland, Or-
egon. 
(8) The term ‘‘State’’ means each of the several 
States, the District of Columbia, Guam, the United 
States Virgin Islands, American Samoa, the Com-
monwealth of the Northern Mariana Islands, the Re-
public of the Marshall Islands, the Federal States of 
Micronesia, and the Republic of Palau.
SEC. 4. ESTABLISHMENT OF THE MARK O. HATFIELD-ELIZA-
BETH 
FURSE 
SCHOLARSHIP 
AND 
EXCEL-
LENCE IN TRIBAL GOVERNANCE FOUNDA-
TION. 
(a) ESTABLISHMENT.—There is established as an 
independent entity of the executive branch the Mark O. 
Hatfield-Elizabeth Furse Scholarship and Excellence in 
Tribal Governance Foundation. 
(b) BOARD OF TRUSTEES.—The Foundation shall be 
subject to the supervision and direction of the Board of 
Trustees. The Board shall be comprised of 12 trustees, 
11 of whom shall be voting members of the Board, as fol-
lows: 
(1) Two trustees shall be appointed by the 
President, with the advice and consent of the Sen-
ate, after considering the recommendation of the 
Speaker of the House of Representatives, in con-
sultation with the minority leader of the House of 
Representatives. 
(2) Two trustees shall be appointed by the 
President, with the advice and consent of the Sen-
ate, after considering the recommendation of the 
President pro tempore of the Senate, in consultation 
with the majority leader and the minority leader of 
the Senate.
(2) TERMS OF INITIAL APPOINTEES.—As des-
ignated by the President at the time of the appoint-
ment, of the trustees first appointed— 
(A) 1 trustee appointed pursuant to sub-
section (b)(2) and 2 trustees appointed pursu-
ant to subsection (b)(3) shall be appointed for 
a term of 2 years; 
(B) 1 trustee appointed pursuant to sub-
section (b)(1) and 2 trustees appointed pursu-
ant to subsection (b)(3) shall be appointed for 
a term of 4 years; and 
(C) 1 trustee appointed pursuant to sub-
section (b)(1), 1 trustee appointed pursuant to 
subsection (b)(2), and 1 trustee appointed pur-
suant to subsection (b)(3) shall be appointed 
for a term of 6 years. 
(3) VACANCIES.—Any trustee appointed to fill a 
vacancy occurring before the expiration of the term 
for which the trustee’s predecessor was appointed 
shall be appointed only for the remainder of that 
term and shall be appointed in the same manner as 
the original appointment for that vacancy was made. 
(d) TRAVEL AND SUBSISTENCE PAY.—Trustees shall 
serve without pay, but shall be entitled to reimbursement 
for travel, subsistence, and other necessary expenses in-
curred in the performance of their duties as members of 
the Foundation, in accordance with applicable provisions 
under subchapter I of chapter 57 of title 5, United States 
Code. 
(e) LOCATION OF FOUNDATION.—The Foundation 
shall be located in Portland, Oregon. 
(f) EXECUTIVE DIRECTOR.— 
(1) IN GENERAL.—There shall be an Executive 
Director of the Foundation who shall be appointed 
by the Board. The Executive Director shall be the 
chief executive officer of the Foundation and shall 
carry out the functions of the Foundation subject to 
the supervision and direction of the Board. The Ex-
ecutive Director shall carry out such other functions, 
consistent with this Act, as the Board shall pre-
scribe. 
(2) COMPENSATION.—The Executive Director 
of the Foundation shall be compensated at the rate 
specified for employees in level IV of the Executive 
Schedule under section 5315 of title 5, United 
States Code. 
SEC. 5. PURPOSES OF THE FOUNDATION. 
The purposes of the Foundation are—
(1) to develop resources to properly train Na-
tive American and Alaska Native tribal council mem-
bers in self-government and related fields; 
(2) to foster among the American population 
greater recognition and understanding of the role of 
tribal self-government in the development of the 
United States; 
(3) to identify critical issues facing tribal gov-
ernments in the Nation; 
(4) to establish a Program for Tribal Govern-
ance Research at the Institute; and 
(5) to provide educational outreach regarding 
tribal self-government. 
SEC. 6. AUTHORITY OF THE FOUNDATION. 
(a) IN GENERAL.— 
(1) AUTHORITY.—The Foundation, in consulta-
tion with the Institute— 
(A) may identify and conduct such pro-
grams, activities, and services as the Founda-
tion considers appropriate to carry out the pur-
poses described in section 5; and 
(B) in accordance with subsections (b), (c), 
(d), and (e), may award scholarships, fellow-
ships, internships, and grants and fund the In-
stitute to carry out and manage other pro-
grams, activities, and services. 
(2) PRIORITIES.—Subject to section 10(b), the 
Foundation shall determine the priority of the pro-
grams to be carried out under this Act and the 
amount of funds to be allocated for such programs. 
(3) COMPETITION.—The Foundation may pro-
vide, directly or by contract, for the conduct of na-
tional competition for the purpose of selecting recipi-
ents of scholarships, fellowships, internships, and 
grants awarded under this Act. 
(4) FIELDS OF STUDY.—The Foundation may 
award scholarships, fellowships, internships, and 
grants to eligible individuals in accordance with the 
provisions of this Act for study in fields related to 
tribal governance. Such scholarships, fellowships, in-
ternships, and grants shall be awarded only to eligi-
ble individuals who meet the minimum criteria es-
tablished by the Foundation. 
(b) SCHOLARSHIP.— 
(1) IN GENERAL.—The Foundation shall award 
scholarships to outstanding undergraduate students 
who intend to pursue careers related to tribal gov-
ernance and to outstanding Native American and
Alaska Native undergraduate students who intend to 
pursue careers in tribal public policy. 
(2) REQUIREMENTS.—An eligible individual 
awarded a scholarship under this Act may receive 
payments under this Act only during such periods as 
the Foundation finds that the individual— 
(A) is maintaining satisfactory proficiency; 
(B) is engaging full time in study or re-
search; and 
(C) is not engaging in gainful employment 
other than employment that is— 
(i) in addition to such full-time study 
or research; and 
(ii) approved by the Foundation pur-
suant to regulations of the Board. 
(3) REPORTS.—The Foundation may require 
any eligible individual awarded a scholarship under 
this Act to submit reports at such time, in such 
form, and containing such information as the Foun-
dation determines to be necessary. Such reports 
shall— 
(A) be accompanied by a certificate from 
an appropriate official at the institution of 
higher education; 
(B) be approved by the Foundation; and
(C) state that the individual is making sat-
isfactory progress, and is engaging full time, in 
study or research. 
(c) FELLOWSHIPS.—The Foundation shall award fel-
lowships— 
(1) to outstanding graduate students who in-
tend to pursue advanced degrees in fields related to 
tribal governance and to outstanding Native Amer-
ican and Alaska Native graduate students who in-
tend to pursue advanced degrees in tribal public pol-
icy, including law and medicine; and 
(2) to faculty from a variety of disciplines, for 
the purpose of bringing the expertise of such faculty 
to the Foundation. 
(d) INTERNSHIPS.—To achieve the purposes de-
scribed in section 5, the Foundation shall award intern-
ships— 
(1) to deserving and qualified individuals to 
participate in internships in Federal, State, and 
local agencies or in offices of major tribal govern-
ance organizations; and 
(2) to deserving and qualified Native American 
and Alaska Native individuals to participate in in-
ternships in Federal, State, and local agencies or in
offices of major public health or public policy organi-
zations. 
(e) INSTITUTE PROGRAMS.— 
(1) GRANTS.—Subject to paragraph (3), the 
Foundation shall award grants to the Institute— 
(A) to provide for an annual panel of ex-
perts to discuss contemporary tribal governance 
issues; 
(B) to conduct tribal governance policy re-
search; 
(C) to conduct research on Native Amer-
ican and Alaska Native tribal public policy 
issues; and 
(D) for visiting policymakers to share their 
practical experiences with the Foundation. 
(2) COORDINATION.—Subject to paragraph (3), 
the Foundation shall assist in the development and 
implementation of a Program for Tribal Governance 
Research to be located at the Institute. 
(3) 
MATCHING
FUNDS; 
FACILITIES.—The 
Foundation may not make any grant or provide any 
assistance under this subsection, unless the Institute 
agrees— 
(A) with respect to the costs of such 
grants and assistance, to make available non-
Federal contributions toward such costs in an 
amount that is not less than 25 percent of such 
costs; and 
(B) to provide adequate space at the Insti-
tute for the Executive Director and other ap-
propriate staff of the Foundation. 
(f) ELIZABETH FURSE SCHOLARS.—Recipients of 
scholarships, fellowships, internships, and grants under 
this Act shall be known as ‘‘Elizabeth Furse Scholars’’. 
SEC. 7. ESTABLISHMENT OF THE MARK O. HATFIELD - ELIZ-
ABETH FURSE SCHOLARSHIP AND EXCEL-
LENCE 
IN 
TRIBAL 
GOVERNANCE 
TRUST 
FUND. 
(a) ESTABLISHMENT
OF FUND.—There is estab-
lished in the Treasury of the United States a trust fund 
to be known as the ‘‘Mark O. Hatfield-Elizabeth Furse 
Scholarship and Excellence in Tribal Governance Trust 
Fund’’ to be administered by the Foundation. The Fund 
shall consist of amounts appropriated to the Fund pursu-
ant to section 10 and amounts credited to the Fund under 
subsection (b). 
(b) INVESTMENT OF FUND ASSETS.—The Secretary 
of the Treasury, at the direction of the Board, shall invest 
in full the amounts appropriated to the Fund. Such invest-
ments shall be in public debt securities with maturities
suitable to the needs of the Fund and shall bear interest 
at rates determined by the Secretary of the Treasury, tak-
ing into consideration the current average market yield on 
outstanding marketable obligations of the United States 
of comparable maturity. 
SEC. 8. EXPENDITURES AND AUDIT OF TRUST FUND. 
(a) IN GENERAL.—The Foundation shall pay from 
the interest and earnings of the Fund such sums as the 
Board determines are necessary and appropriate to enable 
the Foundation to carry out this Act. 
(b) AUDIT BY GOVERNMENT ACCOUNTABILITY OF-
FICE.—The activities of the Foundation and the Institute 
under this Act may be audited by the Government Ac-
countability Office under such rules and regulations as 
may be prescribed by the Comptroller General of the 
United States. Representatives of the Government Ac-
countability Office shall have access to all papers, things, 
or property (including all books, accounts, records, and re-
ports filed) belonging to or in use by the Foundation or 
the Institute, pertaining to such federally assisted activi-
ties and necessary to facilitate the audit. 
SEC. 9. ADMINISTRATIVE PROVISIONS. 
To carry out this Act, the Foundation may— 
(1) appoint and fix the compensation of such 
personnel as may be necessary to carry out the pro-
visions of this Act, except that in no case may em-
ployees other than the Executive Director be com-
pensated at a rate to exceed the maximum rate of 
basic pay for GS–15 of the General Schedule under 
section 5332 of title 5, United States Code; 
(2) procure or fund the Institute to procure 
temporary and intermittent services of experts and 
consultants as are necessary to the extent authorized 
by section 3109 of title 5, United States Code, but 
at rates not to exceed the rate specified for level IV 
of the Executive Schedule under section 5315 of title 
5, United States Code; 
(3) prescribe such regulations as the Founda-
tion considers necessary governing the manner in 
which its functions shall be carried out; 
(4) accept, hold, administer, and use gifts, both 
real and personal, for the purpose of aiding or facili-
tating the work of the Foundation; 
(5) accept and use the services of voluntary and 
noncompensated personnel and reimburse such per-
sonnel for travel expenses, including per diem, as au-
thorized by section 5703 of title 5, United States 
Code; 
(6) enter into contracts, grants, or other ar-
rangements or modifications thereof, to carry out
the provisions of this Act, and such contracts or 
modifications thereof may, with the concurrence of 
two-thirds of the members of the Board, be entered 
into without performance or other bonds, and with-
out regard to section 3709 of the Revised Statutes 
(41 U.S.C. 5); and 
(7) make other expenditures necessary to carry 
out this Act. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—To carry out this Act, there are 
authorized to be appropriated to the Fund $50,000,000 
for fiscal year 2005, and such sums as may be necessary 
for each subsequent fiscal year. 
(b) ALLOCATION.—Of the amounts appropriated to 
carry out this Act, the Secretary shall allocate— 
(1) not less than 50 percent of such amounts 
to carry out subsections (b), (c), and (d) of section 
6; 
(2) not more than 15 percent of such amounts 
for salaries and other administrative purposes; and 
(3) not less than 20 percent of such amounts 
to carry out section 6(e). 
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