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Executive Order 13021

Issued by William J. Clinton on Saturday 19 October 1996

Tribal Colleges and Universities

Federal Register, Volume 61 Issue 206 (Wednesday, October 23, 1996)

[Federal Register Volume 61, Number 206 (Wednesday, October 23, 1996)]
[Presidential Documents]
[Pages 54929-54932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27352]

                        Presidential Documents 

Federal Register / Vol. 61, No. 206 / Wednesday, October 23, 1996 / 
Presidential Documents

[[Page 54929]]

                Executive Order 13021 of October 19, 1996

Tribal Colleges and Universities

                By the authority vested in me as President by the 
                Constitution and laws of the United States of America, 
                in reaffirmation of the special relationship of the 
                Federal Government to American Indians and Alaska 
                Natives, and, for the purposes of helping to: (a) 
                ensure that tribal colleges and universities are more 
                fully recognized as accredited institutions, have 
                access to the opportunities afforded other 
                institutions, and have Federal resources committed to 
                them on a continuing basis; (b) establish a mechanism 
                that will increase accessibility of Federal resources 
                for tribal colleges and universities in tribal 
                communities; (c) promote access to high-quality 
                educational opportunity for economically disadvantaged 
                students; (d) promote the preservation and the 
                revitalization of American Indian and Alaska Native 
                languages and cultural traditions; (e) explore 
                innovative approaches to better link tribal colleges 
                with early childhood, elementary, and secondary 
                education programs; and (f) support the National 
                Education Goals (20 U.S.C. 5812), it is hereby ordered 
                as follows:

                Section 1. Definition of Tribal Colleges and 
                Universities. 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 Navajo Community 
                College, authorized in the Navajo Community College 
                Assistance Act of 1978, Public Law 95-471, title II (25 
                U.S.C. 640a note).

                Sec. 2. 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 (``Board''). Notwithstanding the 
                provisions of any other Executive order, the 
                responsibilities of the President under the Federal 
                Advisory Committee Act, as amended (5 U.S.C. App.), 
                with respect to the Board, shall be performed by the 
                Secretary of Education (``Secretary''), in accordance 
                with the guidelines and procedures established by the 
                Administrator of General Services.

                    (b) Composition. The Board shall consist of not 
                more than 15 Members who shall be appointed by the 
                President. The Board shall include representatives of 
                tribal colleges. The Board may also include 
                representatives of the higher, early childhood, 
                elementary, and secondary education communities; tribal 
                officials; health, business, and financial 
                institutions; private foundations; and such other 
                persons as the President deems appropriate. Members of 
                the Board will serve terms of 2 years and may be 
                reappointed to additional terms. A Member may continue 
                to serve until his or her successor is appointed. In 
                the event a Member fails to serve a full term, an 
                individual appointed to replace that Member will serve 
                the remainder of that term. All terms will expire upon 
                the termination of the Board.
                    (c) Role of Board. The Board shall provide advice 
                regarding the progress made by Federal agencies toward 
                fulfilling the purposes and objectives of this order. 
                The Board shall also provide recommendations to the 
                President and the Secretary at least annually on ways 
                tribal colleges can:
                     (1) utilize long-term development, endowment 
                building, and master planning to strengthen 
                institutional viability;

[[Page 54930]]

                     (2) utilize the Federal and private sector to 
                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 achieve National Education Goals and meet 
                other high standards of education accomplishment.
                    (d) Scheduled Meetings. The Board shall meet at 
                least annually to provide advice and consultation on 
                tribal colleges and relevant Federal and private sector 
                activities, and to transmit reports and present 

                Sec. 3. Office of White House Initiative. There shall 
                be established in the Department of Education the White 
                House Initiative on Tribal Colleges and Universities 
                (``Initiative''). The Initiative shall be authorized 
                to: (a) provide the staff support for the Board;

                    (b) assist the Secretary in the role of liaison 
                between the executive branch and tribal colleges;
                    (c) serve the Secretary in carrying out the 
                Secretary's responsibilities under this order; and
                    (d) utilize the services, personnel, information, 
                and facilities of other Federal, State, tribal, and 
                local agencies with their consent, and with or without 
                reimbursement, consistent with applicable law. To the 
                extent permitted by law and regulations, each Federal 
                agency shall cooperate in providing resources, 
                including personnel detailed to the Initiative, to meet 
                the objectives of the order.

                Sec. 4. Department and Agency Participation. Each 
                participating executive department and agency 
                (hereinafter collectively referred to as ``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, to serve as liaison to the 
                White House Initiative. The official shall report 
                directly to the agency head, or agency representative, 
                on agency activity under this order and serve as 
                liaison to the White House Initiative. To the extent 
                permitted by law and regulation, each agency shall 
                provide appropriate information in readily available 
                formats requested by the White House Initiative staff 
                pursuant to this order.

                Sec. 5. Five-Year Federal Plan. (a) Content. Each 
                agency shall, in collaboration with tribal colleges, 
                develop and document a Five-Year Plan of the agency's 
                efforts to fulfill the purpose of this order. These 
                Five-Year Plans shall include annual performance 
                indicators and appropriate measurable objectives for 
                the agency. The plans shall address among other 
                relevant issues:

                    (1) barriers impeding the access of tribal colleges 
                to funding opportunities and to participation in 
                Federal programs, and ways to eliminate the barriers;
                    (2) technical assistance and information that will 
                be made available to tribal colleges regarding the 
                program activities of the agency and the preparation of 
                applications or proposals for grants, cooperative 
                agreements, or contracts; and
                    (3) an annual goal for agency funds to be awarded 
                to tribally controlled colleges and universities in:
                     (A) grants, cooperative agreements, contracts, and 
                     (B) related excess property-type acquisitions 
                under various authorities such as section 923 of the 
                Federal Agriculture Improvement and Reform Act of 1996 
                (7 U.S.C. 2206a) and the Federal Property and 
                Administrative Services Act of 1949, chapter 288, 63 
                Stat. 377 (codified as described at 40 U.S.C. 471 
                note); and

[[Page 54931]]

                     (C) the transfer of excess and surplus Federal 
                computer equipment under Executive Order 12999.

                In developing the Five-Year Plans required by this 
                order, agencies shall strive to include tribal colleges 
                in all aspects and activities related to the attainment 
                of the participation goals described in Executive Order 
                12928, ``Promoting Procurement with Small Businesses 
                Owned and Controlled by Socially and Economically 
                Disadvantaged Individuals, Historically Black Colleges 
                and Universities, and Minority Institutions.'' The 
                Plans may also emphasize access to high-quality 
                educational opportunity for economically disadvantaged 
                Indian students; the preservation and revitalization of 
                American Indian and Alaska Native languages and 
                cultural traditions; innovative approaches to better 
                link tribal colleges with early childhood, elementary, 
                and secondary education programs; and the National 
                Education Goals.

                    (b) Submission. Each agency shall submit its Five-
                Year Plan to the White House Initiative Office. In 
                consultation with the Board, the White House Initiative 
                Office shall then review these Five-Year Plans and 
                develop an integrated Five-Year Plan for Assistance to 
                Tribal Colleges, which the Secretary shall review and 
                submit to the President. The Five-Year Plan for 
                Assistance to Tribal Colleges may be revised within the 
                5-year period.
                    (c) Annual Performance Reports. Each agency shall 
                submit to the White House Initiative Office an Annual 
                Performance Report that shall measure each agency's 
                performance against the objectives set forth in its 
                Five-Year Plan. In consultation with the Board, the 
                White House Initiative Office 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 

                Sec. 6. Private Sector. In cooperation with the Board, 
                the White House Initiative Office 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 finance, improve information systems, build 
                facilities, and improve course offerings; and
                    (c) increasing resources for and training of 

                Sec. 7. Termination. The Board shall terminate 2 years 
                after the date of this Executive order unless the Board 
                is renewed by the President prior to the end of that 2-
                year period.

                Sec. 8. 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. 

                    (b) Funding. The Board and the Initiative 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 
                Initiative. With the consent of the Department of 
                Education, other agencies participating in the 
                Initiative shall provide administrative support to the 
                White House Initiative Office consistent with statutory 
                authority and shall make use of section 112 of title 3, 
                United States Code, to detail agency employees to the 
                extent permitted by law. The Board and the White House

[[Page 54932]]

                Initiative Office shall have a core staff and shall be 
                supported at appropriate levels.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                     October 19, 1996.

[FR Doc. 96-27352
Filed 10-22-96; 8:45 am]
Billing code 3195-01-P

Citation: 61 FR 54929
Amended by: EO 13104, October 19, 1998; EO 13138, September 30,1999; EO 13225, September 28, 2001;; ; Revoked by: EO 13270, July 3, 2002

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