text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Navajo Nation Higher Education Act 
  of 2004''.
  
  SEC. 2. CONGRESSIONAL 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) In 1968, 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) In 1997, the Navajo Nation officially changed the name 
          of the Navajo Community College to Dine College by Resolution 
          CAP-35-97.
              (5) The purpose of Dine 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 mission of Dine College is to apply the principles 
          of Sa'ah Naaghai Bik'eh Hozhoon (Dine Philosophy) to advance 
          quality student learning through training of the mind and 
          heart--
                      (A) through Nitsahakees (Thinking), Nahata 
                  (Planning), Iina (Living), and Sihasin (Assurance);
                      (B) in study of the Dine language, history, 
                  philosophy, and culture;
                      (C) in preparation for further studies and 
                  employment in a multicultural and technological world; 
                  and
                      (D) in fostering social responsibility, community 
                  service, and scholarly research that contribute to the 
                  social, economic, and cultural well-being of the Navajo 
                  Nation.
              (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 College's infrastructure 
          are dilapidated and pose a serious health and safety risk to 
          students, employees and the public.
              (9) The purposes and intent of this Act are consistent with 
          Executive Order 13270 on tribal colleges and universities and 
          fulfill the United States Government's trust responsibility to 
          serve the educational needs of the Navajo people.
              (10) The purposes and intent of this Act are consistent 
          with Executive Order 13336 on American Indian and Alaska Native 
          education, issued on April 30, 2004, and fulfill the United 
          States Government's responsibility to serve the education needs 
          of the Navajo people.
  
  SEC. 3. DEFINITIONS.
  
      For the purposes of this Act:
              (1) Secretary.--The term ``Secretary'' means the Secretary 
          of the Interior.
              (2) Nation.--The term ``Nation'' means the Navajo Nation.
              (3) College.--The term ``College'' means Dine College.
              (4) Operations and maintenance.--The term ``operation and 
          maintenance'' means all cost and expenses associated with the 
          customary daily operation of the College and necessary 
          maintenance costs.
              (5) Infrastructure.--The term ``infrastructure'' means 
          College buildings, water and sewer facilities, roads, 
          foundation, information technology, and telecommunications, 
          including classrooms and external matters such as walkways.
              (6) Renovations and repairs.--The term ``renovations and 
          repairs'' means modernization and improvements to the 
          infrastructure.
  
  SEC. 4. REAUTHORIZATION OF DINE COLLEGE.
  
      Congress authorizes the Dine College to receive all Federal funding 
  and resources under this Act and other laws for its operation, 
  improvement, and growth, including (but not limited to) the following:
              (1) to provide programs of higher education for citizens of 
          the Nation and others;
              (2) to provide vocational and technical education for 
          citizens of the Nation and others;
              (3) to preserve and protect the Navajo language, 
          philosophy, and culture for citizens of the 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.
  
  SEC. 5. FACILITIES AND CAPITAL PROJECTS.
  
      The College is authorized to expend money received pursuant to 
  section 7(c) to undertake all renovations and repairs to the College's 
  infrastructure, as identified by a strategic plan approved by the 
  College, and submitted to the Secretary.
  
  SEC. 6. STATUS OF FUNDS.
  
      Funds provided under this Act to the 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.
  
  SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
  
      (a) In General.--There are hereby authorized to be appropriated to 
  the College, for each fiscal year, such amounts as are necessary to pay 
  for the operation and maintenance of the College.
      (b) Budget Placement.--The Secretary shall fund the operation and 
  maintenance of the College separately from tribal colleges and 
  universities recognized and funded by the Tribally Controlled College 
  or University 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 to carry out section 5, $15,000,000 for each of the first 
  5 fiscal years beginning after the date of enactment of this Act. Such 
  amounts may be funded through any one or more of the following 
  agencies:
              (1) the Department of Interior;
              (2) the Department of Education;
              (3) the Department of Heath and Human Services;
              (4) the Department of Housing and Urban Development;
              (5) the Department of Commerce;
              (6) the Environmental Protection Agency;
              (7) the Department of Veterans Affairs;
              (8) the Department of Agriculture;
              (9) the Department of Homeland Security;
              (10) the Department of Defense;
              (11) the Department of Labor; and
              (12) the Department of Transportation.
  
  SEC. 8. SURVEY, STUDY, AND REPORT.
  
      (a) Information to Congress.--The Secretary shall conduct a 
  detailed survey and study of all capital projects and facility needs of 
  the College, and shall report the results of such survey and study to 
  Congress not later than October 31, 2009. Such report shall include any 
  recommendations or views submitted by the College and the Nation, and 
  shall include detailed recommendations by the Secretary.
      (b) Administrative Expenses.--Funds to carry out this section may 
  be drawn from general administrative appropriations to the Secretary.
  
  SEC. 9. SUPERSESSION OF NAVAJO COMMUNITY COLLEGE ACT.
  
      This Act supersedes the Navajo Community College Act (Public Law 
  92-189; 25 U.S.C. 640a et seq.).
  
  SEC. 10. 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 College to receive 
  Federal funding and resources under any program authorized under the 
  Higher Education Act of 1965, the Equity in Educational Land Grant 
  Status Act (Title V, Part C, of P.L. 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.
target: Navajo Nation Higher Education Act of 2004 (sic) - Authorizes the Navajo Nation's Dine College to receive all Federal funding and resources under this Act and other laws for its operation, improvement, and growth.
  
  Authorizes the College to expend certain funds to undertake all renovations and repairs to its infrastructure, as identified by a strategic plan approved by it and submitted to the Secretary of the Interior. Allows funds to be treated as non-Federal, private funds of the College.
  
  Authorizes appropriations to the College for: (1) operation and maintenance, to be funded by the Secretary separately from funding institutions under the Tribally Controlled College or University Assistance Act of 1978; and (2) facilities and capital projects, to be funded through any of specified Federal agencies.
  
  Supersedes and repeals the Navajo Community College Act.
feat_title: To fulfill the United States Government's trust responsibility to serve the educational needs of the Navajo people.