I 
114TH CONGRESS 
2D SESSION 
H. R. 4744 
To require the Secretary of the Interior to carry out a 5-year demonstration 
program to provide grants to eligible Indian tribes for the construction 
of tribal schools, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 15, 2016 
Mrs. KIRKPATRICK introduced the following bill; which was referred to the 
Committee on Education and the Workforce, and in addition to the Com-
mittees on Financial Services and Natural Resources, 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 con-
cerned 
A BILL 
To require the Secretary of the Interior to carry out a 
5-year demonstration program to provide grants to eligi-
ble Indian tribes for the construction of tribal schools, 
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 ‘‘Safe Academic Facili-
ties and Environments for Tribal Youth Act’’ or the 
‘‘SAFETY Act’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of the Interior. 
(2) INDIAN.—The term ‘‘Indian’’ means a 
member of an Indian tribe. 
(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 3. TRIBAL SCHOOL CONSTRUCTION DEMONSTRATION 
PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) CONSTRUCTION OF REPLACEMENT TRIBAL 
SCHOOL.—The term ‘‘construction of a replacement 
tribal school’’ includes the construction or renovation 
of— 
(A) 1 or more facilities of that school; or 
(B) the entire campus of that school. 
(2) DEMONSTRATION
PROGRAM.—The term 
‘‘demonstration program’’ means the Tribal School 
Construction Demonstration Program carried out 
under subsection (b). 
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(3) ELIGIBLE INDIAN TRIBE.—The term ‘‘eligi-
ble Indian tribe’’ means an Indian tribe that submits 
an application that is approved by the Secretary 
under subsection (b)(4). 
(4) TRIBAL SCHOOL.—The term ‘‘tribal school’’ 
means— 
(A) a school operated by the Bureau of In-
dian Affairs; 
(B) a school operated pursuant to the In-
dian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450 et seq.); and 
(C) a tribally controlled school (as defined 
in section 5212 of the Tribally Controlled 
Schools Act of 1988 (25 U.S.C. 2511)). 
(b) DEMONSTRATION PROGRAM.— 
(1) IN
GENERAL.—The Secretary shall carry 
out a demonstration program to be known as the 
‘‘Tribal School Construction Demonstration Pro-
gram’’ for fiscal years 2017 through 2021, to pro-
vide grants to eligible Indian tribes for the construc-
tion of replacement tribal schools. 
(2) PURPOSES.—The purposes of the dem-
onstration program shall be— 
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(A) to provide additional Indian tribes fair 
opportunities to construct replacement tribal 
schools; 
(B) to accelerate construction of needed 
educational facilities in Indian country; and 
(C) to permit additional funds to be pro-
vided for the priority list of the Department for 
construction of replacement tribal schools. 
(3) GRANT RECIPIENTS.— 
(A) IN
GENERAL.—In carrying out the 
demonstration program, subject to the avail-
ability of appropriations, the Secretary shall 
award a grant to each eligible Indian tribe. 
(B) PRIORITY.—The Secretary shall en-
sure that an eligible Indian tribe currently on 
the priority list of the Department for construc-
tion of replacement tribal schools receives the 
highest priority for a grant under this section. 
(4) GRANT APPLICATIONS.—An application for 
a grant under the section shall— 
(A) include a proposal for the construction 
of a replacement tribal school of the Indian 
tribe that submits the application; and 
(B) be in such form as the Secretary deter-
mines appropriate. 
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(5) GRANT AGREEMENT.—As a condition of re-
ceiving a grant under this section, the eligible Indian 
tribe shall enter into an agreement with the Sec-
retary that specifies— 
(A) the costs of construction under the 
grant; 
(B) that the Indian tribe shall be required 
to contribute towards the cost of the construc-
tion a tribal share equal to at least 25 percent 
of the cost; and 
(C) any other term or condition that the 
Secretary determines to be appropriate. 
(c) EFFECT OF GRANT.—A grant received under this 
section— 
(1) shall be in addition to any other funds re-
ceived by an Indian tribe under any other provision 
of law; and 
(2) shall not affect the eligibility of an Indian 
tribe receiving funding, or the amount of funding re-
ceived by the Indian tribe, under— 
(A) the Tribally Controlled Schools Act of 
1988 (25 U.S.C. 2501 et seq.); or 
(B) the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et 
seq.). 
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(d) REPORT.—At the conclusion of the demonstration 
program, the Secretary shall submit to Congress a report 
on whether the demonstration program has achieved the 
purposes of the demonstration program, as described in 
subsection (b)(2). 
SEC. 4. FUNDING FOR TRIBAL COLLEGES CONSTRUCTION. 
Section 113 of the Tribally Controlled Colleges and 
Universities Assistance Act of 1978 (25 U.S.C. 1813) is 
amended to read as follows: 
‘‘SEC. 113. CONSTRUCTION OF NEW FACILITIES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CONSTRUCTION.—The term ‘construction’ 
includes any effort to address the facility construc-
tion, maintenance, renovation, reconstruction, and 
replacement needs of a Tribal College or University. 
‘‘(2) TRIBAL COLLEGE OR UNIVERSITY.—The 
term ‘Tribal College or University’ has the meaning 
given the term in section 316(b) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1059c(b)). 
‘‘(b) GRANTS.—With respect to any eligible Tribal 
College or University that identifies a need for construc-
tion, the Secretary shall, subject to the availability of ap-
propriations, provide grants for the construction in ac-
cordance with this section. 
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‘‘(c) APPLICATION.—Each eligible applicant desiring 
a grant under this section shall submit an application to 
the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require. 
‘‘(d) ELIGIBLE ACTIVITIES.—Activities eligible for a 
grant under this section shall be activities that address 
a wide variety of facilities and infrastructure needs, in-
cluding— 
‘‘(1) building of new facilities, including— 
‘‘(A) classrooms; 
‘‘(B) administrative offices; 
‘‘(C) libraries; 
‘‘(D) health and cultural centers; 
‘‘(E) day care centers; 
‘‘(F) technology centers; and 
‘‘(G) other education-related facilities; 
‘‘(2) renovating or expanding existing or ac-
quired facilities; 
‘‘(3) providing existing facilities with equip-
ment, including— 
‘‘(A) laboratory equipment; 
‘‘(B) computer infrastructure and equip-
ment; 
‘‘(C) library books; and 
‘‘(D) furniture; and 
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‘‘(4) property acquisition. 
‘‘(e) NO MATCHING REQUIREMENT.—A recipient of 
a grant under this section shall not be required to make 
a matching contribution for Federal amounts received. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$5,000,000 for each of fiscal years 2017 through 2021.’’. 
SEC. 
5. 
HOUSING 
ASSISTANCE 
FOR 
EDUCATORS 
IN 
SCHOOLS WITH INDIAN STUDENTS. 
Title V of the Housing Act of 1949 (42 U.S.C. 1471 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 545. HOUSING ASSISTANCE FOR EDUCATORS IN 
SCHOOLS WITH INDIAN STUDENTS. 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘covered educator’ means an indi-
vidual who is employed full-time as a teacher, prin-
cipal, administrator, or other licensed professional 
educator by a covered school; 
‘‘(2) the term ‘covered school’ means— 
‘‘(A) a school operated by the Bureau of 
Indian Affairs; 
‘‘(B) a school operated pursuant to the In-
dian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450 et seq.); 
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‘‘(C) a tribally controlled school (as defined 
in section 5212 of the Tribally Controlled 
Schools Act of 1988 (25 U.S.C. 2511)); and 
‘‘(D) a public elementary school or sec-
ondary school in which not less than 25 percent 
of the students are Indian students; 
‘‘(3) the terms ‘elementary school’ and ‘sec-
ondary school’ have the meanings given those terms 
in section 8101 of the Elementary and Secondary 
Education Act of 1965; and 
‘‘(4) the term ‘eligible applicant’ means— 
‘‘(A) an Indian tribe (as defined in section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b)); 
‘‘(B) an Indian organization (as defined in 
section 1141 of the Education Amendments of 
1978 (25 U.S.C. 2021)); or 
‘‘(C) a tribally designated housing entity 
(as defined in section 4 of the Native American 
Housing Assistance and Self-Determination Act 
of 1996 (25 U.S.C. 4103)). 
‘‘(b) GRANT PROGRAM.—The Secretary may award 
grants to eligible applicants to construct, including by re-
constructing, renovating, and repairing, and provide hous-
ing to covered educators in rural areas. 
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‘‘(c) APPLICATION.—Each eligible applicant desiring 
a grant under this section shall submit an application to 
the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require. 
‘‘(d) NON-FEDERAL SHARE.—A recipient of a grant 
under this section shall not be required to obtain or pro-
vide a non-Federal share in order to receive assistance 
under this section. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Secretary to carry 
out this section $5,000,000 for fiscal year 2017 and each 
fiscal year thereafter.’’. 
SEC. 6. BIE AND OMB PLAN. 
(a) IN GENERAL.—The Bureau of Indian Education 
and the Office of Management and Budget shall jointly 
develop a 10-year plan to bring up to good condition, as 
determined by the facilities evaluation process of the De-
partment of the Interior, in compliance with all applicable 
tribal requirements all of the following Bureau of Indian 
Education school facilities: 
(1) An elementary or secondary day or boarding 
school operated by the Bureau of Indian Education. 
(2) A school operated pursuant to the Indian 
Self-Determination and Education Assistance Act 
(25 U.S.C. 450 et seq.). 
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(3) A tribally controlled school (as defined in 
section 5212 of the Tribally Controlled Schools Act 
of 1988 (25 U.S.C. 2511)). 
(4) A dormitory operated by the Bureau of In-
dian Education for students attending a school other 
than a school specified in paragraphs (1) through 
(3). 
(b) INCLUSIONS.—The plan developed under sub-
section (a) shall include— 
(1) proposed budget requests and timelines; and 
(2) additional factors such as increasing enroll-
ment capacities. 
(c) EFFECT.—For the purpose of developing the plan 
under subsection (a) only, section 1125(a)(5) of the Edu-
cation Amendments of 1978 (25 U.S.C. 2005(a)(5)) shall 
not apply. 
(d) REPORT.—As soon as practicable after comple-
tion of the plan developed under subsection (a), the Sec-
retary shall submit a report describing the plan to— 
(1) the Subcommittee on Interior, Environment, 
and Related Agencies of the Committee on Appro-
priations of the Senate; 
(2) the Committee on Indian Affairs of the Sen-
ate; 
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(3) the Subcommittee on Interior, Environment, 
and Related Agencies of the Committee on Appro-
priations of the House of Representatives; and 
(4) the Committee on Natural Resources of the 
House of Representatives. 
SEC. 7. GAO REPORT. 
Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States 
shall submit to Congress a comprehensive report describ-
ing the implementation of section 8007 of the Elementary 
and Secondary Education Act of 1965 (as in effect on De-
cember 9, 2015), for fiscal years preceding fiscal year 
2017, and section 7007 of the Elementary and Secondary 
Education Act of 1965 (as in effect for fiscal year 2017), 
for fiscal year 2017 and subsequent fiscal years, that— 
(1) evaluates the adequacy of the distribution of 
payments between subparagraphs (A) and (B) of 
subsection (a)(3) of those sections; 
(2) evaluates unmet need; and 
(3) determines the age, condition, and remain-
ing utility of school facilities (as the term is defined 
in section 7013 of that Act (as in effect for fiscal 
year 2017)) for those local educational agencies en-
rolling students described in section 7003(a)(1)(C) 
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of that Act (as so in effect) that are eligible to re-
ceive a basic support payment under— 
(A) section 8003(b) of that Act (as in ef-
fect on December 9, 2015) for fiscal years pre-
ceding fiscal year 2017; and 
(B) section 7003(b) of that Act (as in ef-
fect for fiscal year 2017) for fiscal year 2017 
and subsequent fiscal years. 
Æ 
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