[Senate Report 114-373]
[From the U.S. Government Publishing Office]
Calendar No. 666
114th Congress } { Report
SENATE
2d Session } { 114-373
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THE DINE COLLEGE ACT OF 2016
_______
November 15, 2016.--Ordered to be printed
_______
Mr. Barrasso, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 2564]
The Committee on Indian Affairs, to which was referred the
bill (S. 2564) to modernize prior legislation relating to Dine
College, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
PURPOSE
The purpose of S. 2564 is to update certain authorizing
language for grants to the Dine College, a college located on
the Navajo Nation reservation.
BACKGROUND
The bill intends to improve aging school buildings and
facilities at the Dine College (College). The College is the
first accredited, tribally-controlled institution of higher
learning and is authorized pursuant to the Navajo Community
College Act (25 U.S.C. 640a et seq.), the Navajo Community
College Assistance Act of 1978 (P.L. 95-471), and the Navajo
Nation Higher Education Act of 2008 (P.L. 110-315). The College
serves approximately 1,700 students, predominately members of
the Navajo Nation, at six locations across 26,000 square miles
within the Navajo Nation reservation.\1\
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\1\Dine College Act of 2016: Hearing on S. 2564: Before the S.
Comm. on Indian Affairs, 114th Cong. (2016) (Statement of Dr. Martin
Miguel Ahumada, Interim President, Dine College).
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The Navajo Community College Act of 1978 directed the
Secretary of the Interior (Secretary) to:
``conduct a detailed survey and study of the academic
facilities needs of the Navajo Community College [now
known as the Dine College], and shall report to the
Congress not later than August 1, 1979, the results of
such survey and study. Such report shall include any
recommendations or views submitted by the governing
body of such College and by the governing body of the
Navajo tribe, and shall include detailed
recommendations by the Secretary as to the number,
type, and cost of academic facilities which are
required, ranking each such required facility by
relative need.''\2\
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\2\Navajo Community College Assistance Act of 1978, Pub. L. No. 95-
471, Sec. 4(a), 92 Stat. 1330 (1978).
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According to written testimony from the Bureau of Indian
Affairs (BIA) Director Michael Black, ``[t]he 1978 Facility
Study was never completed and funding for the Navajo Community
College, now the DINE College, construction and facilities were
never appropriated.''\3\
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\3\Dine College Act of 2016: Hearing on S. 2564: Before the S.
Comm. on Indian Affairs, 114th Cong. (2016) (Statement of Michael
Black, Director, Bureau of Indian Affairs).
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The Navajo Nation Higher Education Act of 2008 revised the
timeline for the Secretary to submit a detailed survey and
study of the academic facilities needs of the Dine College to
no later than October 31, 2010. According to written testimony
from the BIA Director Black and Dine College Interim President
Dr. Ahumada, no such report or study was ever completed.\4\
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\4\Dine College Act of 2016: Hearing on S. 2564: Before the S.
Comm. on Indian Affairs, 114th Cong. (2016).
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The bill would direct the College to submit an inventory
report to the Secretary that identifies the renovations and
repairs necessary to meet appropriate health and safety
standards, by August 1, 2016. The bill directs the Secretary,
no later than January 31, 2017, to submit a report to Congress
detailing a survey and study of all capital projects and
facilities needs of the College. Additionally, the bill would:
(1) authorize a construction grant, in the amount of
$2,000,000, beginning Fiscal Year 2017 through Fiscal Year
2020, to construct, renovate, or repair certain infrastructure
needs of the College; and (2) create grants to the College for
operation and maintenance activities, beginning Fiscal Year
2017 through Fiscal Year 2020, subject to appropriations.
LEGISLATIVE HISTORY
On February 23, 2016, Senator Flake introduced S. 2564,
along with co-sponsors Senators Heinrich, McCain, and Udall. A
House companion bill has not been introduced at this time.
On April 13, 2016, the Committee held a legislative hearing
on the bill. The Dine College Interim President Dr. Martin
Miguel Ahumada testified on behalf of the College. The BIA
Director Michael Black testified that Interior Department
(Department) supports S. 2564, but had concerns and recommended
modifications to the legislation. Several of the
recommendations from the Department were to provide more
flexibility in meeting the specified timelines in the bill. The
Department is concerned the College may not meet the bill's
timeline and therefore, the Secretary's Report to Congress
would be delayed.
On April 27, 2016, the Committee held a business meeting to
consider S. 2564, among other bills. The Committee ordered the
bill to be reported favorably, without amendment, to the
Senate, by voice vote.
SECTION-BY-SECTION ANALYSIS
Sec. 1. Short title
Section 1 sets forth the short title of the Act as the Dine
College Act of 2016.
Sec. 2. Findings
Section 2 sets forth findings for this Act.
Sec. 3. Purpose
The purpose of the Act is to ensure that the Navajo Nation
and Navajo people:
exercise their right to self-determination
particularly in matters relating to the internal and
local affairs of the Navajo Nation;
maintain and strengthen distinct
institutions of higher education through the teaching
of the Navajo language, culture, traditions and
history; and
improve economic and social conditions of
the Navajo Nation and people through higher education
and postsecondary vocational training.
Sec. 4. Definitions
Section 4 provides definitions for appropriate Committees
of Congress, College, Infrastructure, Operation and
Maintenance, Renovation and Repair, and Secretary.
Sec. 5. Survey, study, and report
Section 5 establishes that the College shall prepare and
submit an inventory to the Secretary of the Interior no later
than August 1, 2016 identifying the repairs necessary to meet
health and safety standards of the College. This section also
requires the Secretary of the Interior to submit to Congress a
report of the results of a detailed survey of all the capital
projects and facility needs of the College by January 31, 2017.
Sec. 6. Grants authorized
Section 6 authorizes construction grants in the amount of
$2,000,000 annually for Fiscal Years 2017-2020 and operation
and maintenance grants for the College in the amount of
$2,000,000 for Fiscal Years 2017-2020.
Sec. 7. Status of funds
Section 7 establishes that funds made available under this
Act may be treated as non-Federal, private funds of the College
for purposes of any provision of Federal law that requires that
non-Federal or private funds of the College be used in a
project for a specific purpose.
Sec. 8. Effect of other laws
Section 8 states that this legislation supersedes previous
legislation governing the Dine College.
Sec. 9. Continuing eligibility for Other federal funds
Section 9 allows the Dine College to receive other Federal
funding (similar to language included in previous versions of
this legislation).
COST AND BUDGETARY CONSIDERATIONS
The cost estimate for S. 2564, as calculated by the
Congressional Budget Office, is set forth below:
August 30, 2016.
Hon. John Barrasso,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2564, the Dine
College Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Justin
Humphrey.
Sincerely,
Keith Hall.
Enclosure.
S. 2564--Dine College Act of 2016
Summary: S. 2564 would authorize appropriations for grants
to construct, operate, and maintain facilities at Dine College.
Although the underlying authorization of appropriations for
grants for Dine College expired in 2014, the Congress
appropriated $14 million to defray the cost of operations and
maintenance for academic year 2015-2016. The bill also would
require the Secretary of the Interior to conduct a study of the
capital projects and facility needs of the college.
CBO estimates that enacting S. 2564 would cost $64 million
over the 2017-2021 period, assuming the appropriation of the
specified and estimated amounts. Enacting S. 2564 would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply to this legislation.
CBO estimates that enacting S. 2564 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
S. 2564 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 2564 is shown in the following table.
The costs of this legislation fall within budget function 500
(education, training, employment, and social services).
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By fiscal Year, in millions of dollars--
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2017 2018 2019 2020 2021 2017-2021
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................................ 16 16 17 17 0 66
Estimated Outlays............................................ 11 15 16 17 6 64
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Note:Components may not add to totals because of rounding.
Basis of estimate: S. 2564 would authorize appropriations
for grants to construct, operate, and maintain facilities at
Dine College and would require the Secretary of the Interior to
conduct a study of the capital projects and facility needs of
the college. CBO estimates that implementing the bill would
cost $11 million in fiscal year 2017 and $64 million over the
2017-2021 period, assuming appropriation of the necessary
funds.
The bill would authorize the appropriation of $2 million
for each of fiscal years 2017 to 2020 for grants for
construction projects, including the renovation and repair of
existing facilities. Based on historical spending patterns of
other federal construction programs, CBO estimates that
implementing this provision would cost $6 million over the
2017-2021 period.
S. 2564 also would authorize the appropriation of such sums
as may be necessary for fiscal years 2017 to 2020 for grants
for the operations and maintenance of Dine College. The
Department of the Interior (DOI) provided $14 million to Dine
College for similar activities for academic year 2015-2016.
Adjusting that amount each year for inflation and based on the
historical spending patterns of similar programs, CBO estimates
that implementing this provision would cost $57 million over
the 2017-2021 period.
Finally, the bill would require the Secretary to conduct
and submit a survey and study of all capital projects and
facility needs of Dine College. The survey would be based on an
inventory of necessary renovation and repairs prepared by the
college. The bill would permit the Secretary to use general
administrative appropriations to carry out this section. Based
on data from the DOI, CBO estimates that conducting the study
would cost less than $500,000. If the department were also to
use general administrative funds to support Dine College in
conducting the inventory, the cost of enacting this provision
would be higher.
Pay-As-You-Go considerations: None.
Increase in long-term net direct spending and deficits: CBO
estimates that enacting S. 2564 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
Intergovernmental and private sector impact: S. 2564
contains no intergovernmental or private-sector mandates as
defined in UMRA. Dine College of the Navajo Nation would
benefit from grants authorized in the bill to address
construction, maintenance, and operation needs of the college.
Any costs to the college or the Navajo Nation would result from
complying with conditions of federal assistance.
Estimate prepared by: Federal Costs: Justin Humphrey;
Impact on State, Local, and Tribal Governments: Rachel Austin;
Impact on the Private Sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss; Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 2564 will
have a minimal impact on regulatory or paperwork requirements.
CHANGES IN EXISTING LAW
In accordance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, S. 2564 makes no changes to
existing law.
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