H.R. 6568 — Introduced in House

I 117th CONGRESS 2d Session H. R. 6568 IN THE HOUSE OF REPRESENTATIVES February 2, 2022Mr. O'Halleran introduced the following bill; which was referred to the Committee on Education and Labor A BILL To fulfill the United States Government’s trust responsibility to serve the higher education needs of the Navajo people and to clarify, unify, and modernize prior Diné College legislation. 1. Short title This Act may be cited as the Diné College Act of 2022. 2. Findings Congress finds as follows: (1) The Treaty of 1868 between the United States of America and the Navajo Tribe of Indians provides for the education of the citizens of the Navajo Nation. (2) The Navajo Nation created and chartered the Navajo Community College by Resolution CN–95–68 as a wholly owned educational entity of the Navajo Nation. (3) In 1971, Congress enacted the Navajo Community College Act (Public Law 92–189; 25 U.S.C. 640a et seq.). (4) The Navajo Nation officially changed the name of the Navajo Community College to the Diné College by Resolution CAP–35–97. (5) The purpose of the Diné College is to provide educational opportunities to the Navajo people and others in areas important to the economic and social development of the Navajo Nation. (6) The educational philosophy of the Diné College is to apply principles of Sa'ah Naagháí Bik'eh Hózhóón (Diné Philosophy) to advance quality student learning through training of the mind and heart. (7) The United States has a trust and treaty responsibility to the Navajo Nation to provide for the educational opportunities for Navajo people. (8) Significant portions of the Diné College’s infrastructure are dilapidated and pose a serious health and safety risk to students, employees, and the public. (9) This Act is consistent with Executive Order 13592 (76 Fed. Reg. 76603, relating to improving American Indian and Alaska Native educational opportunities and strengthening tribal colleges and universities) and fulfills the United States Government's trust responsibility to serve the educational needs of the Navajo people. 3. Purpose The purpose of this Act is to ensure that the Navajo Nation and Navajo people— (1) exercise their right to self-determination, particularly in matters relating to their internal and local affairs; (2) maintain and strengthen their distinct institutions of higher education through the teaching of the Navajo language, culture, traditions, and history; and (3) improve their economic and social conditions through higher education and postsecondary vocational training. 4. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Indian Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Natural Resources, the Committee on Education and Labor, and the Committee on Appropriations of the House of Representatives. (2) College The term College means the Diné College. (3) Operation and maintenance The term operation and maintenance means all costs and expenses associated with the customary daily operation of the Diné College and necessary maintenance costs. (4) Infrastructure The term infrastructure means the Diné College buildings, water and sewer facilities, roads, foundation, information technology, and telecommunications, including classrooms and external matters such as walkways. (5) Renovations and repairs The term renovations and repairs means modernization and improvements to the infrastructure. (6) Secretary The term Secretary means the Secretary of the Interior. 5. Authorization of the Diné College Congress authorizes the Diné College to receive all Federal funding and resources under this Act and other laws for its operation, improvement, and growth, including— (1) to provide programs of higher education for citizens of the Navajo Nation and others; (2) to provide vocational and technical education for citizens of the Navajo Nation and others; (3) to preserve and protect the Navajo language, philosophy, and culture for citizens of the Navajo Nation and others; (4) to provide Navajo communities and people with employment and training opportunities; (5) to provide economic development and community outreach for Navajo communities and people; and (6) to provide a safe learning, working, and living environment for students, employees, and the public. 6. Capital projects and facility needs From amounts made available under section 8(c), the Diné College may undertake any renovations and repairs to the infrastructure of the College that are identified in the report under section 9. 7. Status of funds Funds provided under this Act to the Diné College may be treated as non-Federal, private funds of the College for purposes of any provision of Federal law which requires that non-Federal or private funds of the College be used in a project for a specific purpose. 8. Authorization of appropriations (a) In General There are hereby authorized to be appropriated to the Diné College, for each fiscal year, such sums as may be necessary to pay for the operation and maintenance of the College. (b) Budget Placement The Secretary shall fund the operation and maintenance of the Diné College separately from tribal colleges and universities recognized and funded by the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801 et seq.). (c) Facilities and Capital Projects In addition to amounts appropriated under subsection (a), there are authorized to be appropriated $7,500,000, for each fiscal year, to carry out section 6. 9. Report; inventory; final formula; administrative expenses (a) Report Not later than 90 days after the date of enactment of this Act— (1) the Director of the Bureau of Indian Affairs, acting through the Regional Director of the Navajo Regional Office shall locate and provide to the Secretary a copy of the report, dated February 2019, on the detailed survey and deferred maintenance study of all capital projects and facility needs of the Diné College that was authorized under section 4 of the Navajo Community College Act (25 U.S.C. 640c), as amended by Navajo Community College Assistance Act of 1978 (Public Law 95–471; 25 U.S.C. 640a note), and contracted for by the Bureau of Indian Affairs Navajo Regional Office; and (2) the Secretary shall— (A) provide to the appropriate committees of Congress the report described in paragraph (1) and an addendum to such report that includes recommendations by the Secretary, and any recommendations or views submitted by the College and the Navajo Nation regarding the capital projects and facility needs of the College; or (B) in the case that the report described in paragraph (1) is not provided to the Secretary as required by this subsection— (i) provide to the appropriate committees of Congress recommendations of the Secretary, and any recommendations or views submitted by the College and the Navajo Nation regarding the capital projects and facility needs of the College; and (ii) take such steps as may be necessary to ensure that such report is located and provided to the Secretary. (b) Inventory Not later than January 31, 2022, an inventory prepared by the Diné College identifying repairs, alterations, and renovations to facilities required to meet health and safety standards and other factors shall be submitted to the Secretary. The inventory shall address the facility needs and outstanding capital projects, including any backlog of such needs and projects, from 1978 through the date of such inventory. The Secretary shall use the inventory as baseline data to inform the report required under subsection (a). (c) Final formula Not later than October 30, 2022, a final formula for ongoing operations and maintenance of the Diné College shall be— (1) determined by the Bureau of Indian Affairs, utilizing input from and consultation with the Navajo Nation and the College, the report and addendum provided under subsection (a), and the inventory required under subsection (b); and (2) provided to the appropriate committees of Congress, the College, and the Navajo Nation. (d) Administrative expenses Funds to carry out this section may be drawn from general administrative appropriations to the Secretary. 10. Supersession of Navajo Community College Act This Act supersedes— (1) the Navajo Community College Act (Public Law 92–189; 25 U.S.C. 640a et seq.); (2) the Navajo Community College Assistance Act of 1978 (Public Law 95–471, 92 Stat. 1325, 1329); and (3) the Navajo Nation Higher Education Act of 2010 (Public Law 110–315, 122 Stat. 3468). 11. Continuing eligibility for other Federal funds Except as explicitly provided for in other Federal law, nothing in this Act shall preclude the eligibility of the Diné College to receive Federal funding and resources under any program authorized under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Equity in Educational Land Grant Status Act (title V, part C, of Public Law 103–382; 7 U.S.C. 301 note), or any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions.