[Code of Federal Regulations]
[Title 3, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 3CFR13270]
EO 13270
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Executive Order 13270 of July 3, 2002
Tribal Colleges and Universities
By the authority vested in me as President by the Constitution
and the laws of the United States of America, it is hereby
ordered as follows:
etion 1. Policy. There is a unique
relationship between the United States and Indian tribes, and
a special relationship between the United States and Alaska
Native entities. It is the policy of the Federal Government
that this Nation's commitment to educational excellence and
opportunity must extend as well to the tribal colleges and
universities (tribal colleges) that serve Indian tribes and
Alaska Native entities. The President's Board of Advisors on
Tribal Colleges and Universities (the ``Board'') and the White
House Initiative on Tribal Colleges and Universities (WHITCU)
established by this order shall ensure that this national
policy regarding tribal colleges is carried out with direct
accountability at the highest levels of the Federal
Government.
Tribal colleges are both integral and essential to their
communities. Often they are the only postsecondary
institutions within some of our Nation's poorest rural areas.
They fulfill a vital role: in maintaining and preserving
irreplaceable languages and cultural traditions; in offering a
high-quality college education to younger students; and in
providing job training and other career-building programs to
adults and senior citizens. Tribal colleges provide crucial
services in communities that continue to suffer high rates of
unemployment and the resulting social and economic distress.
The Federal Government's commitment to tribal colleges is
reaffirmed and the private sector can and should contribute to
the colleges' educational and cultural missions.
Finally, postsecondary institutions can play a vital role in
promoting excellence in early childhood, elementary, and
secondary education. The Federal Government will therefore
work to implement the innovations and reforms of the No Child
Left Behind Act of 2001 (Public Law 107-110) in partnership
with tribal colleges and their American Indian and Alaska
Native communities.
e. 2. Definition of Tribal Colleges and
Universities. Tribal colleges are those institutions cited in
section 532 of the Equity in Educational Land-Grant Status Act
of 1994 (7 U.S.C. 301 note), any other institution that
qualifies for funding under the Tribally Controlled Community
College Assistance Act of 1978 (25 U.S.C. 1801 et seq.), and
Din[eacute] College, authorized in the Navajo Community
College Assistance Act of 1978, Public Law 95-471, title II
(25 U.S.C. 640a note).
e. 3. Board of Advisors. (a)
Establishment. There shall be established in the Department of
Education a Presidential advisory committee entitled the
President's Board of Advisors on Tribal Colleges and
Universities (the ``Board'').
(b) Membership. The Board shall consist of not more than 15
members who shall be appointed by the President, one of whom
shall be designated by the President as Chair. The Board shall
include representatives of tribal colleges and may also
include representatives of the higher, early childhood,
elementary, and secondary education communities; tribal
officials;
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health, business, and financial institutions; private
foundations; and such other persons as the President deems
appropriate.
(c) Functions. The Board shall provide advice regarding the
progress made by Federal agencies toward fulfilling the
purposes and objectives of this order. The Board also shall
provide recommendations to the President, through the
Secretary of Education (Secretary), on ways the Federal
Government can help tribal colleges:
(1) use long-term development, endowment building, and planning to
strengthen institutional viability;
(2) improve financial management and security, obtain private-sector
funding support, and expand and complement Federal education initiatives;
(3) develop institutional capacity through the use of new and emerging
technologies offered by both the Federal and private sectors;
(4) enhance physical infrastructure to facilitate more efficient
operation and effective recruitment and retention of students and faculty;
and
(5) help implement the No Child Left Behind Act of 2001 and meet other
high standards of educational achievement.
(d) Meetings. The Board shall meet at least annually, at the
request of the Secretary, to provide advice and consultation
on tribal colleges and relevant Federal and private-sector
activities, and to transmit reports and present
recommendations.
e. 4. White House Initiative on Tribal
Colleges and Universities. There shall be established in the
Department of Education, Office of the Secretary, the White
House Initiative on Tribal Colleges and Universities (WHITCU).
The WHITCU shall:
(a) provide the staff support for the Board;
(b) assist the Secretary in the role of liaison between the
executive branch and tribal colleges; and
(c) serve the Secretary in carrying out the Secretary's
responsibilities under this order.
e. 5. Department and Agency
Participation. Each participating executive department and
agency (agency), as determined by the Secretary, shall appoint
a senior official who is a full-time officer of the Federal
Government and who is responsible for management or program
administration. The official shall report directly to the
agency head, or to the agency head's designee, on agency
activity under this order and serve as liaison to the WHITCU.
To the extent permitted by law and regulation, each agency
shall provide appropriate information as requested by the
WHITCU staff pursuant to this order.
e. 6. Three-Year Federal Plan.
(a) Content. Each agency identified by the Secretary shall
develop and implement a Three-Year Plan of the agency's
efforts to fulfill the purposes of this order. These Three-
Year Plans shall include annual performance indicators and
appropriate measurable objectives for the agency. Among other
relevant issues, the plans shall address how the agency
intends to increase the capacity of tribal colleges to compete
effectively for any available grants, contracts, cooperative
agreements, and any other Federal resources,
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and to encourage tribal colleges to participate in Federal
programs. The plans also may emphasize access to high-quality
educational opportunities for economically disadvantaged
Indian students, consistent with requirements of the No Child
Left Behind Act of 2001; the preservation and revitalization
of tribal languages and cultural traditions; and innovative
approaches to better link tribal colleges with early
childhood, elementary, and secondary education programs. The
agency's performance indicators and objectives should be
clearly reflected in the agency's annual budget submission to
the Office of Management and Budget. To facilitate the
attainment of these performance indicators and objectives, the
head of each agency identified by the Secretary, shall
provide, as appropriate, technical assistance and information
to tribal colleges regarding the program activities of the
agency and the preparation of applications or proposals for
grants, contracts, or cooperative agreements.
(b) Submission. Each agency shall submit its Three-Year Plan
to the WHITCU. In consultation with the Board, the WHITCU
shall then review these Three-Year Plans and develop an
integrated Three-Year Plan for Assistance to Tribal Colleges,
which the Secretary shall review and submit to the President.
Agencies may revise their Three-Year Plans within the three-
year period.
(c) Annual Performance Reports. Each agency shall submit to
the WHITCU an Annual Performance Report that measures the
agency's performance against the objectives set forth in its
Three-Year Plan. In consultation with the Board, the WHITCU
shall review and combine Annual Performance Reports into one
annual report, which shall be submitted to the Secretary for
review, in consultation with the Office of Management and
Budget.
e. 7. Private Sector. In cooperation with
the Board, the WHITCU shall encourage the private sector to
assist tribal colleges through increased use of such
strategies as:
(a) matching funds to support increased endowments;
(b) developing expertise and more effective ways to manage
finances, improve information systems, build facilities, and
improve course offerings; and
(c) increasing resources for and training of faculty.
e. 8. Termination. The Board shall
terminate 2 years after the date of this order unless the
Board is renewed by the President prior to the end of that 2-
year period.
e. 9. Administration. (a) Compensation.
Members of the Board shall serve without compensation, but
shall be allowed travel expenses, including per diem in lieu
of subsistence, as authorized by law for persons serving
intermittently in Government service (5 U.S.C. 5701-5707).
(b) Funding. The Board and the WHITCU shall be funded by the
Department of Education.
(c) Administrative Support. The Department of Education shall
provide appropriate administrative services and staff support
for the Board and the WHITCU. With the consent of the
Department of Education, other agencies participating in the
WHITCU shall provide administrative support (includ- ing
detailees) to the WHITCU consistent with statutory authority.
The
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Board and the WHITCU each shall have a staff and shall be
supported at appropriate levels commensurate with that of
similar White House Initiative Offices.
(d) General Provisions. Insofar as the Federal Advisory
Committee Act, as amended (5 U.S.C. App.) (the ``Act''), may
apply to the administration of any portion of this order, any
functions of the President under the Act, except that of
reporting to the Congress, shall be performed by the Secretary
of Education in accordance with the guidelines issued by the
Administrator of General Services.
e. 10. Revocation. Executive Order 13021
of October 19, 1996, as amended, is revoked.
GEORGE W. BUSH
THE WHITE HOUSE,
July 3, 2002.