Land Grant & Sea Grant:

1994 Native Indian Legislation

IMPROVING AMERICA'S SCHOOL ACT OF 1994
Title V Miscellaneous Provisions
PART C - 1994 INSTITUTIONS

SEC. 531. Short Title.

This part may be cited as the "Equity in Educational Land - Grant Status Act of 1994."
[An act conferring Land - Grant status on 29 tribal colleges.]

SEC. 532. Definition.

As used in this part, the term "1994 Institutions" means any one of the following colleges: (1) Bay Mills Community College (2) Blackfeet Community College. (3) Cheyenne River Community College. (4) D - Q University (5) Dullknife Memorial College. (6) Fond Du Lac Community College. (7) Fort Belknap Community College (8) Fort Berthold Community College (9) Fort Peck Community College (10) LacCourte Orielles Ojibwa Community College (11) Little Big Horn Community College. (12) Little Hoop Community College. (13) Nebraska Indian Community College (14) Northwest Indian College. (15) Oglala Lakota College. (16) Salish Kootenai College. (17) Sinte Gleska University. (18) Sisseton Wahpeton Community College. (19) Standing Rock College. (20) Stonechild Community College. (21) Turtle Mountain Community College (22) Navajo Community College. (23) United Tribes Technical College (24) Southwest Indian Polytechnic Institute. (25) Institute of American Indian and Alaska Native Culture and Arts Development. (26) Crownpoint Institute of Technology. (27) Haskell Indian Junior College. (28) Leech Lake Tribal College. (29) College of the Menominee Nations.

SEC. 533. Land - Grant Status for 1994 Institutions.

(a) In General

(1) Status of 1994 Institutions. - Except as provided in paragraph(2), 1994 Institutions shall be considered land grant colleges established for the benefit of agriculture and the mechanic arts in accordance with the provisions of the Act of July 2, 1862 (12 Stat. 503, 7 U.S.C. 301 et seq.) (commonly known as the First Morrill Act).

(2) 1994 Institutions.

(A) 1994 Institutions shall not be considered as land-grant colleges that are eligible to receive funding under -

(i) the Act of March 2, 1887 (24 Stat. 440, chapter 314; 7 U.S.C. 361a et seq.)

(ii) the Act of May 8, 1914 (38 Stat. 373, chapter 79; 7 U.S.C. 343), except as provided under section 3(b)(3) of such Act (as added by section 534(b)(1) of this part); or

(iii) the Act of August 30, 1890 (26 Stat. 417, chap ter 841, 7 U.S.C. 321 et seq.) (commonly known as the Second Morrill Act.)

(B) In lieu of receiving donations under the provisions of the Act of July 2, 1862 (12 Stat. 503; 7 U.S.C. 301 et seq.) (commonly known as the First Morrill Act), relating to the donations of public land or scrip for the endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts, 1994 Institutions shall receive funding pursuant to the authorization under subsection (b).

(b) Authorization of Appropriations

There are authorized to be appropriated $4,600,000 for each of fiscal years 1996 through 2000. Amounts appropriated pursuant to this section shall be held and considered to have been granted to 1994 Institutions to establish an endowment pursuant to subsection (c).

(c) Endowment.

1. In General. - In accordance with this subsection, the Secretary of the Treasury shall establish a 1994 Institutions Endowment Fund (hereafter in this subsection referred to as the "endowment fund"). The Secretary may enter into such agreements as are necessary to carry out this subsection.

2. Deposit of the Endowment Fund. - The Secretary shall deposit in the endowment fund any --

A. amounts made available by appropriations pursuant to subsection (b) (hereafter in this subsection referred to as the "endowment fund corpus"); and
B. interest earned on the endowment fund corpus.

1. Investments- The Secretary shall invest the endowment fund corpus and income in interest - bearing obligations of the United States.

2. Withdrawals and Expenditures-The Secretary may not make a withdrawal or expenditure from the endowment fund corpus. On the termination of each fiscat year, the Secretary shall withdraw the amount of the income from the endowment fund for the fiscal year, and after making adjustments for the cost of administering the endowment fund, distribute the adjusted income as follows:

a. 60 percent of the adjusted income shall be distributed among the 1994 Institutions on a pro rata basis. The proportionate share of the adjusted income received by a 1994 Institution under this subparagraph shall be based on the Indian student count (as defined in section 390(3) of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2397h(3)) for each 1994 Institution for the fiscal year.

b. 40 percent of the adjusted income shall be distributed in equal shares to the 1994 Institutions.

SEC. 534. Appropriations.

(a) Authorization of Appropriations

1. In General. -- For fiscal year 1996, and for each fiscal year thereafter, there are authorized to be appropriated to the Department of the Treasury an amount equal to --

A. $50,000, multiplied by

B. the number of 1994 Institutions.

1. Payments -- for each fiscal year, the Secretary of the Treasury shall pay to the treasurer of each 1994 Institution an amount equal to --

(A) the total amount made available by appropriations pursuant to paragraph (1); divided by

(B) the number of 1994 Institutions. (3) Use of Funds, Requirements. -- The amounts authorized to be appropriated under this subsection shall be used in the same manner as is prescribed for colleges under the Act of August 30, 1890 (26 Stat. 417, chapter 841, 7 U.S.C. 321 et seq.) (commonly known as the Second Morrill Act), and, except as otherwise provided in this subsection, the requirements of such Act shall apply to 1994 Institutions.

(b) Funding

Section 3 of the Act of May 8, 1914 (38 Stat. 373, chapter 79; 7 U.S.C. 343) is amended

(1) in subsection (b), by adding at the end the following new paragraph:

"(3) There are authorized to be appropriated for the fiscal year ending June 30, 1996, and for each fiscal year thereafter, for payment on behalf of the 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994), $5,000,000 for the purposes set forth in section 2. Such sums shall be in addition to the sums appropriated for the several States and Puerto Rico, the Virgin Islands, and Guam under the provisions of this section. Such sums shall be distributed on the basis of a competitive application process to be developed and implemented by the Secretary and paid by the Secretary to State institutions established in accordance with the provisions of the Act of July 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.) (commonly known as the First Morrill Act) (other than 1994 Institutions) and administered by such institutions through cooperative agreements with 1994 Institutions in the States of the 1994 Institutions in accordance with regulations that the Secretary shall adopt."

(2) by redesignating subsection (f) as subsection (g), and (3) by inserting after subsection (e) the following new subsection: (f) There shall be no matching requirement for funds made available pursuant to subsection (b)(3).".

SEC. 535. Institutional Capacity Building Grants.

(a) Definitions

As used in this section: (1) Federal Share. -- The term "Federal share" means with respect to a grant awarded under subsection (b), the share of the grant that is provided from Federal funds.

(2) Non-Federal Share. -- The term "non-Federal share" means, with respect to a grant awarded under subsection (b) the matching funds paid with funds other than funds referred to in paragraph (1), as determined by the Secretary. (3) Secretary. -- The term "Secretary" means the Secretary of Agriculture.

(b) In General

(1) Institutional Capacity Building Grants. -- For each of fiscal years 1996 through 2000, the Secretary shall make two or more institutional capacity building grants to assist 1994 Institutions with constructing, acquiring, and remodeling buildings, laboratories, and other capital facilities (including fixtures and equipment) necessary to conduct instructional activities more effectively in agriculture and sciences.

1. Requirements for Grants. -- The Secretary shall make grants under this section -

A. on the basis of a competitive application process under which appropriate officials of 1994 Institutions may submit applications to the Secretary in such form and manner as the Secretary may prescribe; and (B) in such manner as to ensure geographic diversity with respect to the 1994 Institutions that are the subject of the grants.

2. Demonstration of Need. -- The Secretary shall require as part of an application for a grant under this subsection, a demonstration of need. The Secretary may only award a grant under this subsection to an applicant that demonstrates a failure to obtain funding for a project after making a reasonable effort to otherwise obtain the funding.

3. Payment of Non-Federal Share. -- A grant awarded under this subsection shall be made only if the recipient of the grant pays a non-Federal share in an amount specified by the Secretary.

(c) Authorization of Appropriations

There are authorized to be appropriated to the Department of Agriculture to carry out this section, $1,700,000 for each of fiscal years 1996 through 2000.