PUBLIC LAW 109–394—DEC. 14, 2006 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. 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 sitebased 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;

42 USC 2991

note.

Esther Martinez

Native American

Languages

Preservation Act

of 2006.

Dec. 14, 2006

[H.R. 4766]

120 STAT. 2706 PUBLIC LAW 109–394—DEC. 14, 2006

‘‘(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) 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,

Certification.

PUBLIC LAW 109–394—DEC. 14, 2006 120 STAT. 2707

LEGISLATIVE HISTORY—H.R. 4766:

CONGRESSIONAL RECORD, Vol. 152 (2006):

Sept. 27, considered and passed House.

Dec. 6, considered and passed Senate.

Æ

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.