S 484
112th CONGRESS
1st Session
S. 484
To direct the Secretary of Education to pay to Fort Lewis College
in the State of Colorado an amount equal to the tuition charges for
Indian students who are not residents of the State of Colorado.
IN THE SENATE OF THE UNITED STATES
March 3, 2011
Mr. BENNET (for himself and Mr. UDALL of Colorado) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
A BILL
To direct the Secretary of Education to pay to Fort Lewis College
in the State of Colorado an amount equal to the tuition charges for
Indian students who are not residents of the State of Colorado.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PURPOSE.
It is the purpose of this Act to ensure that Federal funding is provided
to support and sustain the longstanding Federal mandate requiring Fort
Lewis College in the State of Colorado to waive tuition charges for
each Indian student it admits to an undergraduate program, including
the waiver of tuition charges for Indian students who are not residents
of the State of Colorado.
SEC. 2. FINDINGS.
(1) Fort Lewis College in the State of Colorado is a signature school
for Indian students from throughout the Nation and graduates more
Indian students than any other baccalaureate institution of higher
education;
(2) in 2009, Fort Lewis College awarded 95 degrees in science, technology,
engineering, and mathematics to Indian students, representing 13.5
percent of degrees awarded by baccalaureate institutions of higher
education to Indian students, more degrees than any other comparable
baccalaureate institution in the Nation;
(3) as of the 2010-11 academic year, Fort Lewis College provides federally
mandated tuition-free education to approximately 786 Indian students
from 124 different Indian tribes and 34 different States, representing
approximately 20 percent of the overall student population at this
non-tribal institution of higher education that serves Indian students;
(4) the Federal mandate to provide tuition-free education to Indian
students was first placed upon the State of Colorado under section
5 of the Act of April 4, 1910 (36 Stat. 273, chapter 140), as a condition
of the transfer of the land, buildings, and fixtures comprising Fort
Lewis School, which had been federally operated;
(5) the amount of funds expended by the State of Colorado to meet
the waiver of tuition obligations under section 5 of the Act of April
4, 1910 (36 Stat. 273, chapter 140), for all Indian students, both
out-of-State and in-State, far exceeds the value of the land, buildings,
and fixtures that the State of Colorado holds for the benefit of Fort
Lewis College;
(6) the State of Colorado has expended more than $110,000,000 in the
past 25 years to meet the costs of the tuition waivers for Indian
students at Fort Lewis College from 44 different States; and
(7) the federally mandated tuition waiver program for Indian students
at Fort Lewis College is at risk of being reduced by the severe budget
constraints of the State of Colorado, thereby jeopardizing the education
of many talented Indian students from around the Nation, in present
and future classes.
SEC. 3. STATE RELIEF FROM FEDERAL MANDATE.
(1) IN GENERAL- Subject to paragraph (2), for fiscal year 2011 and
each succeeding fiscal year, the Secretary of Education shall pay
to Fort Lewis College in the State of Colorado an amount equal to
the charges for tuition for all Indian students who are not residents
of the State of Colorado and who are enrolled in Fort Lewis College
for the academic year ending before the beginning of such fiscal year.
(2) LIMITATION- The amount paid to Fort Lewis College for each fiscal
year under paragraph (1) may not exceed the amount equal to the charges
for tuition for all Indian students who were not residents of the
State of Colorado and who were enrolled in Fort Lewis College for
academic year 2010-2011.
(b) Treatment of Payment- Any amounts received under this section shall
be treated as a reimbursement from the State of Colorado to Fort Lewis
College for complying with the requirement of section 5 of the Act of
April 4, 1910 (36 Stat. 273, chapter 140), to admit Indian students
free of charge of tuition.
(c) Rule of Construction- Nothing in this Act shall be construed to
relieve the State of Colorado from reimbursing, for purposes of complying
with the requirements of section 5 of the Act of April 4, 1910 (36 Stat.
273, chapter 140), Fort Lewis College for each academic year--
(1) with respect to Indian students who are not residents of the State
of Colorado and who are enrolled in Fort Lewis College, any amount
of charges for tuition for such students that exceeds the amount received
under this section for such academic year; and
(2) with respect to Indian students who are residents of the State
of Colorado and who are enrolled in Fort Lewis College, an amount
equal to the charges for tuition for such students for such academic
year.
(d) Definition- In this section, the term `Indian students' refers to
the term `Indian pupils' in section 5 of the Act of April 4, 1910 (36
Stat. 269, chapter 140).
(e) Funding- There are authorized to be appropriated, and there are
appropriated (in addition to any other amounts appropriated to carry
out this section and out of any money in the Treasury not otherwise
appropriated), such sums as may be necessary to carry out this section.
END
