II 

112TH CONGRESS 

1ST SESSION S. 1519 

To strengthen Indian education, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 7, 2011 

Mr. UDALL of New Mexico (for himself and Mrs. GILLIBRAND) introduced the 

following bill; which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To strengthen Indian education, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Building upon Unique 

5 Indian Learning and Development Act’’. 

6 SEC. 2. IN-SCHOOL FACILITY INNOVATION PROGRAM CON7 TEST. 

8 (a) IN GENERAL.—The Secretary of the Interior 

9 shall— 

10 (1) establish an in-school facility innovation 

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1 cation, including Tribal Colleges and Universities (as 

2 defined in section 316 of the Higher Education Act 

3 of 1965 (20 U.S.C. 1059c)), are encouraged to con4 sider solving the problem of how to improve school 

5 facilities for tribal schools and schools served by the 

6 Bureau of Indian Education for problem-based 

7 learning in their coursework and through extra8 curricular opportunities; and 

9 (2) establish an advisory group for the contest 

10 described in paragraph (1) that shall include stu11 dents enrolled at a Tribal College or University, a 

12 representative from the Bureau of Indian Education, 

13 and engineering and fiscal advisors. 

14 (b) SUBMISSION OF FINALISTS TO THE INDIAN AF15 FAIRS COMMITTEE.—The Secretary of the Interior shall 

16 submit the finalists to the Committee on Indian Affairs 

17 of the Senate. 

18 (c) WINNERS.—The Secretary of the Interior shall— 

19 (1) determine the winners of the program con20 test conducted under this section; and 

21 (2) award the winners appropriate recognition 

22 and reward. 


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1 SEC. 3. DEPARTMENT OF THE INTERIOR AND DEPARTMENT 

2 OF EDUCATION JOINT OVERSIGHT BOARD. 

3 (a) IN GENERAL.—The Secretary of Education and 

4 the Secretary of the Interior shall jointly establish a De5 partment of the Interior and Department of Education 

6 Joint Oversight Board, that shall— 

7 (1) be co-chaired by both Departments; and 

8 (2) coordinate technical assistance, resource 

9 distribution, and capacity building between the 2 de10 partments on the education of and for Native Amer11 ican students. 

12 (b) INFORMATION TO BE SHARED.—The Joint Over13 sight Board shall facilitate the communication, collabora14 tion, and coordination between the 2 departments of edu15 cation policies, access to and eligibility for Federal re16 sources, and budget and school leadership development, 

17 and other issues, as appropriate. 

18 SEC. 4. IMPROVE SUPPORT FOR TEACHERS AND ADMINIS19 TRATORS OF NATIVE AMERICAN STUDENTS. 

20 Subpart 2 of part A of title VII of the Elementary 

21 and Secondary Education Act of 1965 (20 U.S.C. 7441 

22 et seq.) is amended by adding at the end the following: 


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1 ‘‘SEC. 7123. TEACHER AND ADMINISTRATOR PIPELINE FOR 

2 TEACHERS AND ADMINISTRATORS OF NATIVE 

3 AMERICAN STUDENTS. 

4 ‘‘(a) GRANTS AUTHORIZED.—The Secretary shall 

5 award grants to eligible entities to enable such entities to 

6 create or expand a teacher or administrator, or both, pipe7 line for teachers and administrators of Native American 

8 students. 

9 ‘‘(b) ELIGIBLE ENTITY.—In this section, the term 

10 ‘eligible entity’ means— 

11 ‘‘(1) a local educational agency; 

12 ‘‘(2) an institution of higher education; 

13 ‘‘(3) a Tribal College or University (as defined 

14 in section 316 of the Higher Education Act of 

15 1965); or 

16 ‘‘(4) a nonprofit organization. 

17 ‘‘(c) PRIORITY.—In awarding grants under this sec18 tion, the Secretary shall give priority to Tribal Colleges 

19 and Universities (as defined in section 316 of the Higher 

20 Education Act of 1965). 

21 ‘‘(d) ACTIVITIES.—An eligible entity that receives a 

22 grant under this section shall create a program that shall 

23 prepare, recruit, and provide continuing education for 

24 teachers and administrators of Native American students, 

25 in particular for teachers of— 


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1 ‘‘(1) science, technology, engineering, and 

2 mathematics;, 

3 ‘‘(2) subjects that lead to health professions; 

4 and 

5 ‘‘(3) green skills and ‘middle skills’, including 

6 electrical, welding, technology, plumbing, and green 

7 jobs. 

8 ‘‘(e) INCENTIVES FOR TEACHERS AND ADMINISTRA9 TORS.—An eligible entity that receives a grant under this 

10 section may provide incentives to teachers and principals 

11 who make a commitment to serve high-need, high-poverty, 

12 tribal schools, including in the form of scholarships, loan 

13 forgiveness, incentive pay, or housing allowances. 

14 ‘‘(f) SCHOOL AND COMMUNITY ORIENTATION.—An 

15 eligible entity that receives a grant under this section shall 

16 develop an evidence-based, culturally-based school and 

17 community orientation for new teachers and administra18 tors of Native American students.’’. 

19 SEC. 5. NATIVE AMERICAN STUDENT SUPPORT. 

20 (a) STANDARDS-BASED ASSESSMENTS.—Section 

21 1111(b)(3) of the Elementary and Secondary Education 

22 Act of 1965 (20 U.S.C. 6311(b)(3)) is amended by adding 

23 at the end the following: 

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1 sion of this Act, a State shall develop stand2 ards-based education assessments and class3 room lessons to accommodate diverse learning 

4 styles, which assessments may be used by the 

5 State in place of the general assessments de6 scribed in subparagraph (A).’’. 

7 (b) SUPPORT.—The Secretary of Education shall ex8 pand programs for Native American school children— 

9 (1) to provide support for learning in their Na10 tive language and culture; and 

11 (2) to provide English language instruction. 

12 (c) RESEARCH.—The Comptroller General of the 

13 United States shall conduct research on culture- and lan14 guage-based education to identify the factors that improve 

15 education and health outcomes. 

16 (d) NATIVE LANGUAGE TEACHING.—Section 1119 of 

17 the Elementary and Secondary Education Act of 1965 (20 

18 U.S.C. 6319) is amended by adding at the end the fol19 lowing: 

20 ‘‘(m) QUALIFICATIONS FOR NATIVE LANGUAGE

21 TEACHERS.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding any other 

23 provision of law, the requirements of subsection (a) 

24 on local educational agencies and States with respect 


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1 to highly qualified teachers, shall not apply to a 

2 teacher of a Native language. 

3 ‘‘(2) ALTERNATIVE LICENSURE OR CERTIFI4 CATION.—Each State educational agency receiving 

5 assistance under this part shall develop an alter6 native licensure or certification for teachers of a Na7 tive language.’’. 

8 (e) GRANT PROGRAM TO ENSURE THE SURVIVAL

9 AND CONTINUING VITALITY OF NATIVE AMERICAN LAN10 GUAGES.— 

11 (1) DEFINITIONS.—In this subsection: 

12 (A) DIRECTOR.—The term ‘‘Director’’ 

13 means the Director of the Bureau of Indian 

14 Education. 

15 (B) ELIGIBLE ENTITY.—The term ‘‘eligible 

16 entity’’ means any agency or organization that 

17 is eligible for financial assistance under section 

18 803(a) of the Native American Programs Act of 

19 1974 (42 U.S.C. 2991b(a)). 

20 (C) SECRETARY.—The term ‘‘Secretary’’ 

21 means the Secretary of the Interior, acting 

22 through the Director. 

23 (2) ESTABLISHMENT OF GRANT PROGRAM.— 

24 The Secretary shall establish a program to provide 

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1 ing Native Americans to ensure the survival and 

2 continuing vitality of Native American languages. 

3 (3) USE OF AMOUNTS.— 

4 (A) IN GENERAL.—An eligible entity may 

5 use amounts received under this subsection to 

6 carry out activities that ensure the survival and 

7 continuing vitality of Native American lan8 guages, including— 

9 (i) the establishment and support of 

10 community Native American language 

11 projects designed to bring older and young12 er Native Americans together to facilitate 

13 and encourage the transfer of Native 

14 American language skills from one genera15 tion to another; 

16 (ii) the establishment of projects that 

17 train Native Americans to— 

18 (I) teach a Native American lan19 guage to others; or 

20 (II) serve as interpreters or 

21 translators of a Native American lan22 guage; 

23 (iii) the development, printing, and 

24 dissemination of materials to be used for 


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1 the teaching and enhancement of a Native 

2 American language; 

3 (iv) the establishment or support of a 

4 project to train Native Americans to 

5 produce or participate in television or radio 

6 programs to be broadcast in a Native 

7 American language; 

8 (v) the compilation, transcription, and 

9 analysis of oral testimony to record and 

10 preserve a Native American language; 

11 (vi) the purchase of equipment, in12 cluding audio and video recording equip13 ment, computers, and software, required to 

14 carry out a Native American language 

15 project; and 

16 (vii)(I) the establishment of Native 

17 American language nests, which are site18 based educational programs that— 

19 (aa) provide instruction and child 

20 care through the use of a Native 

21 American language for at least 10 

22 children under the age of 7 for an av23 erage of at least 500 hours per year 

24 per student; 


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1 (bb) provide classes in a Native 

2 American language for parents (or 

3 legal guardians) of students enrolled 

4 in a Native American language nest 

5 (including Native American language6 speaking parents); and 

7 (cc) ensure that a Native Amer8 ican language is the dominant me9 dium of instruction in the Native 

10 American language nest; 

11 (II) the establishment of Native 

12 American language survival schools, which 

13 are site-based educational programs for 

14 school-age students that— 

15 (aa) provide an average of at 

16 least 500 hours of instruction through 

17 the use of 1 or more Native American 

18 languages for at least 15 students for 

19 whom a Native American language 

20 survival school is the principal place 

21 of instruction; 

22 (bb) develop instructional courses 

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1 tion through the use of Native Amer2 ican languages; 

3 (cc) provide for teacher training; 

4 (dd) work toward a goal of all 

5 students achieving— 

6 (AA) fluency in a Native 

7 American language; and 

8 (BB) academic proficiency 

9 in mathematics, reading (or lan10 guage arts), and science; and 

11 (ee) are located in areas that 

12 have high numbers or percentages of 

13 Native American students; and 

14 (III) the establishment of Native 

15 American language restoration programs, 

16 which are educational programs that— 

17 (aa) operate at least 1 Native 

18 American language program for the 

19 community which the educational pro20 gram serves; 

21 (bb) provide training programs 

22 for teachers of Native American lan23 guages; 


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1 (cc) develop instructional mate2 rials for the Native American lan3 guage restoration programs; 

4 (dd) work toward a goal of in5 creasing proficiency and fluency in at 

6 least 1 Native American language; 

7 and 

8 (ee) provide instruction in at 

9 least 1 Native American language. 

10 (B) NATIVE AMERICAN LANGUAGE RES11 TORATION PROGRAMS.—An eligible entity car12 rying out a program described in subparagraph 

13 (A)(vii)(III) may use amounts made available 

14 under this section to carry out— 

15 (i) Native American language pro16 grams, including— 

17 (I) Native American language 

18 immersion programs; 

19 (II) Native American language 

20 and culture camps; 

21 (III) Native American language 

22 programs provided in coordination 

23 and cooperation with educational enti24 ties; 


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1 (IV) Native American language 

2 programs provided in coordination 

3 and cooperation with institutions of 

4 higher education with expertise in the 

5 relevant Native language, particularly 

6 Tribal Colleges and Universities (as 

7 defined in section 316 of the Higher 

8 Education Act of 1965 (20 U.S.C. 

9 1059c)); 

10 (V) Native American language 

11 programs that use a master-appren12 tice model of learning languages; and 

13 (VI) Native American language 

14 programs provided through a regional 

15 program to better serve geographically 

16 dispersed students; 

17 (ii) Native American language teacher 

18 training programs, including— 

19 (I) training programs in Native 

20 American language translation for flu21 ent speakers; 

22 (II) training programs for Native 

23 American language teachers; 

24 (III) training programs for 

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1 ican language materials, tools, and 

2 interactive media to teach Native 

3 American language; and 

4 (iii) the development of Native Amer5 ican language materials, including books, 

6 audio and visual tools, and interactive 

7 media programs. 

8 (4) APPLICATIONS.— 

9 (A) IN GENERAL.—Subject to subpara10 graph (B), in awarding a grant under this sub11 section, the Secretary shall select applicants 

12 from among eligible entities on the basis of ap13 plications submitted to the Secretary at such 

14 time, in such form, and containing such infor15 mation as the Secretary requires. 

16 (B) REQUIREMENTS.—An application 

17 under subparagraph (A) shall include, at a min18 imum— 

19 (i) a detailed description of the cur20 rent status of the Native American lan21 guage to be addressed by the project for 

22 which a grant is requested, including a de23 scription of existing programs and 

24 projects, if any, in support of that lan25 guage; 


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1 (ii) a detailed description of the 

2 project for which the grant is requested; 

3 (iii) a statement that the objectives of 

4 the project are in accordance with the pur5 poses of this subsection; 

6 (iv) a detailed description of the plan 

7 of the applicant to evaluate the project; 

8 (v) if appropriate, an identification of 

9 opportunities for the replication or modi10 fication of the project for use by other Na11 tive Americans; 

12 (vi) a plan for the preservation of the 

13 products of the Native American language 

14 project for the benefit of future genera15 tions of Native Americans and other inter16 ested persons; and 

17 (vii) in the case of an application for 

18 a grant to carry out any purpose specified 

19 in paragraph (3)(A)(vii)(III), a certifi20 cation by the applicant that the applicant 

21 has not less than 3 years of experience in 

22 operating and administering a Native 

23 American language survival school, a Na24 tive American language nest, or any other 

25 educational program in which instruction 


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1 is conducted in a Native American lan2 guage. 

3 (C) PARTICIPATING ORGANIZATIONS.—If 

4 an applicant determines that the objectives of a 

5 proposed Native American language project 

6 would be accomplished more effectively through 

7 a partnership with an educational entity, the 

8 applicant shall identify the educational entity as 

9 a participating organization in the application. 

10 (5) LIMITATIONS ON FUNDING.— 

11 (A) FEDERAL SHARE.—The Federal share 

12 of the total cost of a program under this sub13 section shall not exceed 80 percent. 

14 (B) NON-FEDERAL SHARE.— 

15 (i) IN GENERAL.—The non-Federal 

16 share of the cost of a program under this 

17 subsection may be provided in cash or fair18 ly evaluated in-kind contributions, includ19 ing facilities, equipment, or services. 

20 (ii) SOURCE OF NON-FEDERAL

21 SHARE.—The non-Federal share— 

22 (I) may be provided from any 

23 private or non-Federal source; and 


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1 (II) may include amounts (in2 cluding interest) distributed to an In3 dian tribe— 

4 (aa) by the Federal Govern5 ment pursuant to the satisfaction 

6 of a claim made under Federal 

7 law; 

8 (bb) from amounts collected 

9 and administered by the Federal 

10 Government on behalf of an In11 dian tribe or the members of an 

12 Indian tribe; or 

13 (cc) by the Federal Govern14 ment for general tribal adminis15 tration or tribal development 

16 under a formula or subject to a 

17 tribal budgeting priority system, 

18 including— 

19 (AA) amounts involved 

20 in the settlement of land or 

21 other judgment claims; 

22 (BB) severance or other 

23 royalty payments; or 

24 (CC) payments under 

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1 tion Act (25 U.S.C. 450f et 

2 seq.) or a tribal budget pri3 ority system. 

4 (C) DURATION.— 

5 (i) IN GENERAL.—Subject to clause 

6 (ii), the Secretary may make grants made 

7 under this subsection on a 1-year, 2-year, 

8 or 3-year basis. 

9 (ii) NATIVE AMERICAN LANGUAGE

10 RESTORATION PROGRAM.—The Secretary 

11 shall only make a grant available under 

12 paragraph (3)(A)(vii)(III) on a 3-year 

13 basis. 

14 (6) ADMINISTRATION.— 

15 (A) IN GENERAL.—The Secretary shall 

16 carry out this section through the Bureau of In17 dian Education. 

18 (B) EXPERT PANEL.— 

19 (i) IN GENERAL.—Not later than 180 

20 days after date of enactment of this sub21 section, the Secretary shall appoint a panel 

22 of experts for the purpose of assisting the 

23 Secretary to review— 

24 (I) applications submitted under 

25 paragraph (4); 


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1 (II) evaluations carried out to 

2 comply with paragraph (4)(B)(iii); 

3 and 

4 (III) the preservation of products 

5 required by paragraph (4)(B)(vi). 

6 (ii) COMPOSITION.— 

7 (I) IN GENERAL.—The panel 

8 shall include— 

9 (aa) a designee of the Insti10 tute of American Indian and 

11 Alaska Native Culture and Arts 

12 Development; 

13 (bb) representatives of na14 tional, tribal, and regional orga15 nizations that focus on Native 

16 American language or Native 

17 American cultural research, de18 velopment, or training; and 

19 (cc) other individuals who 

20 are recognized as experts in the 

21 area of Native American lan22 guage. 

23 (II) RECOMMENDATIONS.—Rec24 ommendations for appointments to 


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1 the panel shall be solicited from In2 dian tribes and tribal organizations. 

3 (iii) DUTIES.—The duties of the panel 

4 shall include— 

5 (I) making recommendations re6 garding the development and imple7 mentation of regulations, policies, pro8 cedures, and rules of general applica9 bility with respect to the administra10 tion of this subsection; 

11 (II) reviewing applications re12 ceived under paragraph (4); 

13 (III) providing to the Secretary a 

14 list of recommendations for the ap15 proval of applications in accordance 

16 with— 

17 (aa) regulations issued by 

18 the Secretary; and 

19 (bb) the relative need for the 

20 project; and 

21 (IV) reviewing evaluations sub22 mitted to comply with paragraph 

23 (4)(B)(iii). 

24 (C) PRODUCTS GENERATED BY

25 PROJECTS.— 


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1 (i) IN GENERAL.—Subject to clause 

2 (ii), for preservation and use in accordance 

3 with the responsibilities of the respective 

4 organization under Federal law, a copy of 

5 any product of a Native American lan6 guage project for which a grant is made 

7 under this subsection— 

8 (I) shall be transmitted— 

9 (aa) to the Institute of 

10 American Indian and Alaska Na11 tive Culture and Arts Develop12 ment; and 

13 (bb) to the Tribal Colleges 

14 or Universities where the lan15 guage addressed in the grant 

16 program is inherent; and 

17 (II) may be transmitted, at the 

18 discretion of the grantee, to national 

19 and regional repositories of similar 

20 material. 

21 (ii) EXEMPTION.— 

22 (I) IN GENERAL.—In accordance 

23 with the Federal recognition of the 

24 sovereign authority of each Indian 

25 tribe over all aspects of the culture 


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1 and language of that Indian tribe and 

2 subject to subclause (II), an Indian 

3 tribe may make a determination— 

4 (aa) not to transmit a copy 

5 of a product under clause (i); 

6 (bb) not to permit the redis7 tribution of a copy of a product 

8 transmitted under clause (i); or 

9 (cc) to restrict in any man10 ner the use or redistribution of a 

11 copy of a product transmitted 

12 under clause (i). 

13 (II) RESTRICTIONS.—Subclause 

14 (I) does not authorize an Indian 

15 tribe— 

16 (aa) to limit the access of 

17 the Secretary to a product de18 scribed in clause (i) for purposes 

19 of administering this subsection 

20 or evaluating the product; or 

21 (bb) to sell a product de22 scribed in clause (i), or a copy of 

23 that product, for profit to the en24 tities referred to in clause (i). 


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1 (7) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated to carry out 

3 this subsection such sums as are necessary for each 

4 of fiscal years 2013 through 2018. 

5 (f) CONFORMING AMENDMENTS.— 

6 (1) IN GENERAL.—Section 803C of the Native 

7 American Programs Act of 1974 (42 U.S.C. 2991b– 

8 3) is repealed. 

9 (2) AUTHORIZATION OF APPROPRIATIONS.— 

10 Section 816 of the Native American Programs Act 

11 of 1974 (42 U.S.C. 2992d) is amended— 

12 (A) in subsection (a), by striking ‘‘sections 

13 803(d), 803A, 803C, 804, subsection (e) of this 

14 section’’ and inserting ‘‘sections 803(d), 803A, 

15 and 804, subsection (d)’’; 

16 (B) in subsection (b), by striking ‘‘other 

17 than sections 803(d), 803A, 803C, 804, sub18 section (e) of this section’’ and inserting ‘‘sec19 tions 803(d), 803A, and 804, subsection (d)’’; 

20 and 

21 (C) by striking subsection (e). 


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1 SEC. 6. INCREASED ACCESS TO RESOURCES FOR TRIBAL 

2 SCHOOLS, SCHOOLS SERVED BY THE BUREAU 

3 OF INDIAN EDUCATION, AND NATIVE AMER4 ICAN STUDENTS. 

5 (a) RESERVATION FOR BUREAU-FUNDED SCHOOLS

6 AND PROGRAMS AND SCHOOLS OPERATED BY A TRIBE

7 OR TRIBAL ORGANIZATION.— 

8 (1) IN GENERAL.—The Secretary of Education 

9 shall ensure that any program administered by the 

10 Department of Education that awards grants, con11 tracts, or other assistance to benefit elementary 

12 schools and secondary schools (as such terms are de13 fined in section 9101 of the Elementary and Sec14 ondary Education Act of 1965 (20 U.S.C. 7801)) or 

15 prekindergarten or early childhood programs, pro16 vides a reservation, as described in this subsection, 

17 for 1 or more of the following categories of entities, 

18 as determined appropriate by the Secretary of Edu19 cation for each such grant, contract, or assistance 

20 program: 

21 (A) Bureau-funded schools (as defined in 

22 section 1141 of the Education Amendments of 

23 1978 (25 U.S.C. 2021)). 

24 (B) Prekindergarten programs or early 

25 childhood programs or services operated by a 


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1 tribe or Indian organization (as defined in such 

2 section). 

3 (C) Elementary schools or secondary 

4 schools operated by a tribe or Indian organiza5 tion (as defined in such section). 

6 (2) AMOUNT OF RESERVATION.— 

7 (A) EXISTING RESERVATION OF FUNDS.— 

8 In the case of a grant, contract, or assistance 

9 program provided by the Department of Edu10 cation to benefit elementary schools and sec11 ondary schools (as such terms are defined in 

12 section 9101 of the Elementary and Secondary 

13 Education Act of 1965 (20 U.S.C. 7801)) or 

14 prekindergarten or early childhood programs 

15 for which funds are reserved for entities de16 scribed in paragraph (1), or for a group that 

17 may include such entities— 

18 (i) if the existing reservation of funds 

19 is for an amount that is less than 0.5 per20 cent, the amount of such reservation shall 

21 be increased to 0.5 percent; and 

22 (ii) if the existing reservation of funds 

23 is for an amount that is equal to or greater 

24 than 0.5 percent, the amount of such res25 ervation shall be maintained. 


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1 (B) NO EXISTING RESERVATION OF

2 FUNDS.—In the case of a grant, contract, or as3 sistance program provided by the Department 

4 of Education to benefit elementary schools and 

5 secondary schools (as such terms are defined in 

6 section 9101 of the Elementary and Secondary 

7 Education Act of 1965 (20 U.S.C. 7801)) or 

8 prekindergarten or early childhood programs 

9 for which no funds are reserved for the entities 

10 described in paragraph (1), the Secretary of 

11 Education shall reserve 0.5 percent of such 

12 funds for such entities, as determined by the 

13 Secretary of Education in accordance with 

14 paragraph (1). 

15 (3) USE OF RESERVED FUNDS.—Funds re16 served under this section shall be used in accordance 

17 with the uses of funds described for each particular 

18 grant, contract, or assistance program. In addition 

19 to program support, such reserved funds may be 

20 used, in an amount determined by the Secretary of 

21 Education, for technical assistance or capacity build22 ing to ensure that the schools or programs described 

23 in paragraph (1) are provided the assistance to com24 pete for such grants, contracts, or other assistance. 


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1 (4) EFFECT ON OTHER LAWS.—The Secretary 

2 of Education shall carry out this subsection notwith3 standing any other provision of law. 

4 (b) SAFE AND HEALTHY SCHOOLS FOR NATIVE

5 AMERICAN STUDENTS.—Subpart 2 of part A of title IV 

6 of the Elementary and Secondary Education Act of 1965 

7 (20 U.S.C. 7131 et seq.) is amended by adding at the end 

8 the following: 

9 ‘‘SEC. 4131. SAFE AND HEALTHY SCHOOLS FOR NATIVE 

10 AMERICAN STUDENTS. 

11 ‘‘From funds made available to carry out this sub12 part, the Secretary shall— 

13 ‘‘(1) establish a program to improve school en14 vironments and student skill development for healthy 

15 choices for Native American students, including— 

16 ‘‘(A) prevention regarding— 

17 ‘‘(i) alcohol and drug misuse; 

18 ‘‘(ii) suicide; 

19 ‘‘(iii) violence; 

20 ‘‘(iv) pregnancy; and 

21 ‘‘(v) obesity; 

22 ‘‘(B) nutritious eating programs; and 

23 ‘‘(C) anger and conflict management pro24 grams; 


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1 ‘‘(2) establish a program for school dropout 

2 prevention for Native American students; and 

3 ‘‘(3) collaborate with the Secretary of Agri4 culture to establish tribal-school specific school gar5 dens and nutrition programs that are within the 

6 tribal cultural context.’’. 

7 SEC. 7. FUNDS FOR IMPACT AID. 

8 In addition to amounts otherwise appropriated to 

9 carry out title VIII of the Elementary and Secondary Edu10 cation Act of 1965 (20 U.S.C. 7701 et seq.), there are 

11 authorized to be appropriated, and there are appropriated, 

12 out of any money in the Treasury not otherwise appro13 priated, to carry out such title VIII the following: 

14 (1) $750,000,000 for fiscal year 2012. 

15 (2) $750,000,000 for fiscal year 2013. 

16 (3) $750,000,000 for fiscal year 2014. 

17 SEC. 8. DEFINITION OF TRIBAL SCHOOL. 

18 (a) ESEA DEFINITION.—Section 9101 of the Ele19 mentary and Secondary Education Act of 1965 (20 U.S.C. 

20 7801) is amended by adding at the end the following: 

21 ‘‘(44) TRIBAL SCHOOL.—The term ‘tribal 

22 school’ means— 

23 ‘‘(A) a school that is a Bureau-funded 

24 school, as defined in section 1141 of the Edu25 cation Amendments of 1978 (25 U.S.C. 2021); 


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29 

•S 1519 IS

1 ‘‘(B) a prekindergarten program, early 

2 childhood program or service, or elementary 

3 school or secondary school, operated by an In4 dian tribe or tribal organization (as defined in 

5 section 4 of the Indian Self-Determination and 

6 Education Assistance Act (25 U.S.C. 450b)); 

7 ‘‘(C) a school that is located on Indian 

8 lands (as defined in section 8013); or 

9 ‘‘(D) a school in which a predominance of 

10 the students who attend the school are Native 

11 American or Alaska Native students, as deter12 mined by the Secretary.’’. 

13 (b) DEFINITION FOR THIS ACT.—In this Act, the 

14 term ‘‘tribal school’’ has the meaning given the term in 

15 section 9101 of the Elementary and Secondary Education 

16 Act of 1965 (20 U.S.C. 7801) (as amended by subsection 

17 (a)). 

Æ 


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