[109th Congress Public Law 394]
[From the U.S. Government Printing Office]
[DOCID: f:publ394.109]
[[Page 120 STAT. 2705]]
Public Law 109-394
109th Congress
An Act
To amend the Native American Programs Act of 1974 to provide for the
revitalization of Native American languages through Native American
language immersion programs; and for other purposes. <<NOTE: Dec. 14,
2006 - [H.R. 4766]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Esther Martinez
Native American Languages Preservation Act of 2006.>>
SECTION 1. <<NOTE: 42 USC 2991 note.>> ORT TITLE.
This Act may be cited as the ``Esther Martinez Native American
Languages Preservation Act of 2006''.
SEC. 2. EXPANSION OF PROGRAM TO ENSURE THE SURVIVAL AND CONTINUING
VITALITY OF NATIVE AMERICAN LANGUAGES.
Section 803C of the Native American Programs Act of 1974 (42 U.S.C.
2991b-3) is amended--
(1) in subsection (b)--
(A) in paragraph (5) by striking ``and'' at the end,
(B) in paragraph (6) by striking the period at the
end and inserting ``; and'', and
(C) by adding at the end the following:
``(7)(A) Native American language nests, which are site-
based educational programs that--
``(i) provide instruction and child care
through the use of a Native American language for
at least 10 children under the age of 7 for an
average of at least 500 hours per year per
student;
``(ii) provide classes in a Native American
language for parents (or legal guardians) of
students enrolled in a Native American language
nest (including Native American language-speaking
parents); and
``(iii) ensure that a Native American language
is the dominant medium of instruction in the
Native American language nest;
``(B) Native American language survival schools,
which are site-based educational programs for school-age
students that--
``(i) provide an average of at least 500 hours
of instruction through the use of 1 or more Native
American languages for at least 15 students for
whom a Native American language survival school is
their principal place of instruction;
``(ii) develop instructional courses and
materials for learning Native American languages
and for instruction through the use of Native
American languages;
[[Page 120 STAT. 2706]]
``(iii) provide for teacher training;
``(iv) work toward a goal of all students
achieving--
``(I) fluency in a Native American
language; and
``(II) academic proficiency in
mathematics, reading (or language arts),
and science; and
``(v) are located in areas that have high
numbers or percentages of Native American
students; and
``(C) Native American language restoration programs,
which are educational programs that--
``(i) operate at least 1 Native American
language program for the community in which it
serves;
``(ii) provide training programs for teachers
of Native American languages;
``(iii) develop instructional materials for
the programs;
``(iv) work toward a goal of increasing
proficiency and fluency in at least 1 Native
American language;
``(v) provide instruction in at least 1 Native
American language; and
``(vi) may use funds received under this
section for--
``(I) Native American language
programs, such as Native American
language immersion programs, Native
American language and culture camps,
Native American language programs
provided in coordination and cooperation
with educational entities, Native
American language programs provided in
coordination and cooperation with local
universities and colleges, Native
American language programs that use a
master-apprentice model of learning
languages, and Native American language
programs provided through a regional
program to better serve geographically
dispersed students;
``(II) Native American language
teacher training programs, such as
training programs in Native American
language translation for fluent
speakers, training programs for Native
American language teachers, training
programs for teachers in schools to
utilize Native American language
materials, tools, and interactive media
to teach Native American language; and
``(III) the development of Native
American language materials, such as
books, audio and visual tools, and
interactive media programs.'',
(2) in subsection (c)--
(A) in paragraph (5) by striking ``and'' at the end,
(B) in paragraph (6) by striking the period at the
end and inserting ``; and'', and
(C) by adding at the end the following:
``(7) <<NOTE: Certification.>> the case of an application
for a grant to carry out any purpose specified in subsection
(b)(7)(B), a certification by the applicant that the applicant
has not less than 3 years of experience in operating and
administering a Native American language survival school, a
Native American language nest,
[[Page 120 STAT. 2707]]
or any other educational program in which instruction is
conducted in a Native American language.'', and
(3) in subsection (e)(2) by inserting before the period the
following: ``, except that grants made under such subsection for
any purpose specified in subsection (b)(7) may be made only on a
3-year basis''.
SEC. 3. DEFINITION.
Section 815 of the Native American Programs Act of 1974 (42 U.S.C.
2992c) is amended--
(1) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively, and
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) `average' means the aggregate number of hours of
instruction through the use of a Native American language to all
students enrolled in a native language immersion program during
a school year divided by the total number of students enrolled
in the immersion program;''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR PROGRAM TO ENSURE THE
SURVIVAL AND CONTINUING VITALITY OF NATIVE
AMERICAN LANGUAGES.
Section 816(e) of the Native American Programs Act of 1974 (42
U.S.C. 2992d(e)) is amended by striking ``1999, 2000, 2001, and 2002''
and inserting ``2008, 2009, 2010, 2011, and 2012''.
Approved December 14, 2006.
LEGISLATIVE HISTORY--H.R. 4766:
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CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 27, considered and passed House.
Dec. 6, considered and passed Senate.
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