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[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:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 152 (2006):
            Sept. 27, considered and passed House.
            Dec. 6, considered and passed Senate.

                                  <all>
```