II 

118TH CONGRESS 

1ST SESSION S. 3019 

To develop and disseminate accurate, relevant, and accessible resources to 

promote understanding about Native American and Tribal histories. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 4, 2023 

Ms. SMITH introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

A BILL 

To develop and disseminate accurate, relevant, and accessible 

resources to promote understanding about Native American and Tribal histories. 

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 ‘‘Native Histories and 

5 Cultures Education Act of 2023’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Native American peoples are a vital part of 

9 our Nation’s past and present. 


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1 (2) Native American peoples have made signifi2 cant contributions to the United States and continue 

3 to serve as leaders in communities across the Nation 

4 and with distinction as public servants, scholars, sci5 entists, entrepreneurs, artists, and authors, and in 

6 many other professions and specialties. 

7 (3) The United States has a unique govern8 ment-to-government relationship with Indian Tribes 

9 and treaty-based trust responsibilities owed to Na10 tive American peoples and Indian Tribes. 

11 (4) Congress has played a critical role in recog12 nizing the cultures and contributions of Native 

13 American peoples throughout the history of the 

14 United States by establishing the National Museum 

15 of the American Indian in 1989 to— 

16 (A) advance the study of Native American 

17 language, literature, history, art, anthropology, 

18 and life; and 

19 (B) provide for Native American research 

20 and study programs. 

21 (5) Indian Tribes, Tribal Colleges and Univer22 sities, Native American organizations, and Native 

23 American communities have worked diligently to 

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1 turally informed educational opportunities to Amer2 ican classrooms. 

3 (6) Washington, Oregon, Montana, Arizona, 

4 New Mexico, Wisconsin, Maine, Connecticut, Vir5 ginia, Florida, Minnesota, and Hawaii include Na6 tive American education in content standards for 

7 kindergarten through grade 12 education. 

8 (7) It is important for students in the United 

9 States to have a complete and accurate education 

10 about— 

11 (A) the experience of Native American peo12 ples in the United States today and throughout 

13 history; 

14 (B) the misrepresentation of Native Amer15 ican peoples that pervades popular culture, pro16 fessional sports, and beyond through the use of 

17 unsanctioned mascots and Native imagery; 

18 (C) the Federal Government’s adoption of 

19 the relocation, termination, and other discrimi20 natory and genocidal policies, including the In21 dian Boarding School Policy, and similar poli22 cies employed in the Territory of Hawaii, to 

23 strip American Indian, Alaska Native, and Na24 tive Hawaiian children of their indigenous iden25 tities, language, and culture; 


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1 (D) the unique government-to-government 

2 relationship between the Federal Government 

3 and Indian Tribes; and 

4 (E) the Federal Government’s treaty-based 

5 trust responsibilities to Native American peo6 ples and Indian Tribes. 

7 (8) The Federal Government can improve the 

8 representation of Native American peoples, their his9 tories, and their contributions, as well as the unique 

10 relationship between Indian Tribes and the Federal 

11 Government, in more classrooms by supporting com12 munity-based curricula development. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

15 (1) BASE CURRICULUM.—The term ‘‘base cur16 riculum’’ means a nationally focused curriculum on 

17 Native histories and cultures developed by the Direc18 tor of the Museum under section 5(a)(1). 

19 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti20 ty’’ means a partnership that— 

21 (A) shall include a State educational agen22 cy and 1 or more Indian Tribes, Tribal organi23 zations, or Native Hawaiian education organiza24 tions; 


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1 (B) may include 1 or more local edu2 cational agencies; and 

3 (C) may include 1 or more Tribal edu4 cational agencies. 

5 (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

6 means the recognized governing body of any Indian 

7 or Alaska Native Tribe, band, nation, pueblo, village, 

8 community, component band, or component reserva9 tion, individually recognized (including parentheti10 cally) in the list published most recently as of the 

11 date of enactment of this Act pursuant to section 

12 104 of the Federally Recognized Indian Tribe List 

13 Act of 1994 (25 U.S.C. 5131). 

14 (4) INSTITUTION OF HIGHER EDUCATION.—The 

15 term ‘‘institution of higher education’’ has the 

16 meaning given the term in section 101 of the Higher 

17 Education Act of 1965 (20 U.S.C. 1001). 

18 (5) LOCAL EDUCATIONAL AGENCY.—The term 

19 ‘‘local educational agency’’ has the meaning given 

20 the term in section 8101 of the Elementary and Sec21 ondary Education Act of 1965 (20 U.S.C. 7801). 

22 (6) MUSEUM.—The term ‘‘Museum’’ means the 

23 National Museum of the American Indian. 

24 (7) NATIVE AMERICAN.—The term ‘‘Native 

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1 tion 103 of the Native American Languages Act (25 

2 U.S.C. 2902). 

3 (8) NATIVE HAWAIIAN EDUCATIONAL ORGANI4 ZATION.—The term ‘‘Native Hawaiian educational 

5 organization’’ has the meaning given the term in 

6 section 6207 of the Native Hawaiian Education Act 

7 (20 U.S.C. 7517). 

8 (9) NATIVE HISTORIES AND CULTURES.—The 

9 term ‘‘Native histories and cultures’’ means accu10 rate, fact-based, and thorough information about the 

11 histories and cultures of Native American peoples 

12 prior to the first European contact, during the col13 onization of North America, and until the present 

14 date. 

15 (10) NATIVE HISTORIES AND CULTURES EDU16 CATION PROGRAM.—The term ‘‘Native histories and 

17 cultures education program’’ means a program 

18 that— 

19 (A) has as its specific and primary purpose 

20 to— 

21 (i) improve awareness and under22 standing of the experiences of Native 

23 American peoples and Native histories and 

24 cultures; and 


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1 (ii) describe and educate individuals 

2 on the structures of Indian Tribes as sov3 ereign entities with separate executive, leg4 islative, and judicial government struc5 tures; 

6 (B) uses the base curriculum; and 

7 (C) incorporates local and regionally ap8 propriate information on the histories and cul9 tures of Indian Tribes and Native American 

10 peoples in that area that is developed in con11 sultation with such Indian Tribes and Native 

12 American peoples. 

13 (11) PROFESSIONAL DEVELOPMENT.—The 

14 term ‘‘professional development’’ has the meaning 

15 given the term in section 8101 of the Elementary 

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

17 7801). 

18 (12) STATE EDUCATIONAL AGENCY.—The term 

19 ‘‘State educational agency’’ has the meaning given 

20 the term in section 8101 of the Elementary and Sec21 ondary Education Act of 1965 (20 U.S.C. 7801). 

22 (13) TRIBAL EDUCATIONAL AGENCY.—The 

23 term ‘‘Tribal educational agency’’ has the meaning 

24 given the term ‘‘tribal educational agency’’ in section 


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1 6132(b)(3) of the Elementary and Secondary Edu2 cation Act of 1965 (20 U.S.C. 7452(b)(3)). 

3 (14) TRIBAL ORGANIZATION.—The term ‘‘Trib4 al organization’’ has the meaning given the term in 

5 section 4 of the Indian Self-Determination and Edu6 cation Assistance Act (25 U.S.C. 5304). 

7 SEC. 4. PURPOSES. 

8 The purposes of this Act are to— 

9 (1) expand the Museum’s educational efforts 

10 and develop and make freely accessible base cur11 riculum resources and materials that— 

12 (A) have been developed after significant 

13 consultation, engagement, and coordination 

14 with Indian Tribes, Tribal organizations, and 

15 stakeholders representing Native American peo16 ples and interests, including Native Hawaiian 

17 educational organizations; and 

18 (B) are available for students, educators, 

19 parents, and interested individuals and groups; 

20 (2) support partnerships among States, Indian 

21 Tribes, Tribal organizations, and Native Hawaiian 

22 educational organizations to develop additional edu23 cational resources and materials related to Native 

24 histories and cultures that are local and regionally 

25 specific; and 


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1 (3) provide opportunities for State educational 

2 agencies to implement Native histories and cultures 

3 education programs built around the base cur4 riculum provided by the Museum with additional lo5 cally and regionally appropriate information. 

6 SEC. 5. NATIVE HISTORIES AND CULTURES EDUCATION 

7 PROGRAM. 

8 (a) SOLICITATION OF FEEDBACK AND DEVELOP9 MENT OF BASE CURRICULUM FOR NATIVE HISTORIES

10 AND CULTURES.— 

11 (1) IN GENERAL.—The Director of the Museum 

12 shall— 

13 (A) for a period of not less than 9 months, 

14 regarding the learning objectives and develop15 ment of the base curriculum on Native histories 

16 and cultures under subparagraph (B)— 

17 (i) engage in robust and active con18 sultation with Indian Tribes and Tribal or19 ganizations; and 

20 (ii) solicit comments from organiza21 tions representing the interests of Native 

22 American peoples in the United States, 

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1 nizations and Tribal Colleges and Univer2 sities; 

3 (B) develop, not later than 1 year after the 

4 end of the period described in subparagraph 

5 (A), a base curriculum on Native histories and 

6 cultures that— 

7 (i) is appropriate for all grade levels 

8 of elementary school and secondary school 

9 education; 

10 (ii) includes the significant contribu11 tions Native Americans have made to the 

12 United States as leaders in their commu13 nities and States, and as scholars, sci14 entists, entrepreneurs, artists, authors, and 

15 educators, and in other fields; 

16 (iii) explains the unique government17 to-government relationship between the 

18 Federal Government and Indian Tribes 

19 and the trust and treaty-based responsibil20 ities owed to Native American peoples and 

21 Indian Tribes; 

22 (iv) includes the important role Native 

23 American peoples have played in the his24 tory of the United States and through 

25 present day; 


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1 (v) teaches the experiences of Native 

2 American peoples in the United States 

3 today and throughout history, including 

4 the Federal Government’s adoption of the 

5 Indian Boarding School Policy, and similar 

6 policies employed in the Territory of Ha7 waii, to strip American Indian, Alaska Na8 tive, and Native Hawaiian children of their 

9 indigenous identities, language, and cul10 ture; and 

11 (vi) includes other appropriate sub12 jects that will enable people to understand 

13 and appreciate the histories, cultures, and 

14 perspectives of Native American peoples 

15 and how such histories, cultures, and per16 spectives have been and will continue to be 

17 part of the fabric of the United States; 

18 (C) make available for public comment the 

19 base curriculum and make adjustments as ap20 propriate; 

21 (D) engage in outreach promoting the 

22 availability of the base curriculum to educators, 

23 State educational agencies, local educational 

24 agencies, Indian Tribes, Tribal organizations, 

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1 ucator preparation programs, groups involved 

2 with the provision of professional development 

3 for educators, and other interested stake4 holders, which may include making materials 

5 accessible, at no charge, to educators through 

6 means and services that educators frequently 

7 use to access educational materials; 

8 (E) make the base curriculum and any up9 dates to the curriculum developed under this 

10 paragraph publicly available, at no charge, on 

11 the Museum’s website and through other 

12 means; 

13 (F) provide technical assistance to eligible 

14 entities, State educational agencies, local edu15 cational agencies, Tribal educational agencies, 

16 and educators; 

17 (G) solicit public comment from Indian 

18 Tribes, Tribal organizations, and organizations 

19 representing the interests of Native American 

20 peoples in the United States, including Native 

21 Hawaiian educational organizations, local edu22 cational agencies, State educational agencies, 

23 educators, or other entities utilizing the base 

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1 plementation and collect data used for reporting 

2 to Congress under section 6; 

3 (H) provide mechanisms to accept feed4 back and comment continuously, and make revi5 sions and updates to the base curriculum peri6 odically; and 

7 (I) formally make revisions and updates to 

8 the base curriculum based upon feedback and 

9 comments under this paragraph, 1 and 2 years 

10 after initial implementation and, as appropriate, 

11 periodically thereafter. 

12 (2) INCLUSION OF AVAILABLE MATERIALS.—In 

13 developing the base curriculum under paragraph (1), 

14 the Director of the Museum may use or incorporate 

15 any educational material available through the Mu16 seum as of the date of enactment of this Act. 

17 (3) COORDINATION.—The Director of the Insti18 tute of Museum and Library Services shall make 

19 available any educational material or resources re20 quested by the Director of the Museum to develop 

21 the base curriculum under paragraph (1). 

22 (b) GRANTS AUTHORIZED.— 

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1 section (a)(1)(B), the Director of the Museum shall 

2 award grants to eligible entities— 

3 (A) to use the base curriculum to develop 

4 and plan Native histories and cultures edu5 cation programs that are local and regionally 

6 specific; and 

7 (B) to implement such programs in ele8 mentary schools and secondary schools served 

9 by the eligible entity. 

10 (2) APPLICATIONS.—An eligible entity desiring 

11 a grant under this subsection shall submit an appli12 cation to the Director of the Museum at such time, 

13 in such manner, and based on such competitive cri14 teria as the Director of the Museum may require. 

15 Each such application shall include the following: 

16 (A) A description of the partnership and 

17 coordination between all partner entities com18 prising the eligible entity, including any formal 

19 agreements or memoranda of understanding. 

20 (B) A description of any outreach con21 ducted beyond the eligible entity to Indian 

22 Tribes, Tribal organizations, Native Hawaiian 

23 educational organizations, Tribal educational 

24 agencies, or local, regional, or otherwise rel25 evant stakeholders. 


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1 (C) A description of how any Indian Tribe, 

2 Tribal organization, or Native Hawaiian edu3 cational organization included in the eligible en4 tity will be compensated for their efforts under 

5 the grant. 

6 (D) A description of the local and regional, 

7 historical, and cultural materials that the eligi8 ble entity will seek to include in the educational 

9 materials and Native histories and cultures edu10 cation program developed under the grant. 

11 (E) A description of how such materials 

12 will align with the challenging State academic 

13 standards and assessments under paragraphs 

14 (1) and (2) of section 1111(b) of the Elemen15 tary and Secondary Education Act of 1965 (20 

16 U.S.C. 6311(b)). 

17 (F) A description of how such materials 

18 will align with a State’s academic standards 

19 and assessments related to social studies and 

20 history or other relevant subject. 

21 (G) A description of how the eligible entity 

22 will meet the reporting requirements. 

23 (3) USES OF FUNDS.—An eligible entity receiv24 ing a grant under this subsection shall use the grant 


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1 funds to develop, plan, and implement a Native his2 tories and cultures education program, including— 

3 (A) developing local and regionally specific 

4 Native histories and cultures education program 

5 resources for use in conjunction with the base 

6 curriculum; 

7 (B) developing a plan for the implementa8 tion of a Native histories and cultures education 

9 program that would be implemented in public 

10 elementary schools and secondary schools 

11 served by the eligible entity, including coordina12 tion with local educational agencies and teach13 ers; 

14 (C) utilizing the base curriculum and de15 veloping additional curriculum to align with the 

16 challenging State academic standards and as17 sessments under paragraphs (1) and (2) of sec18 tion 1111(b) of the Elementary and Secondary 

19 Education Act of 1965 (20 U.S.C. 6311(b)); 

20 (D) planning, development, and coordina21 tion among all partner entities comprising the 

22 eligible entity, for purposes of developing local 

23 and regionally specific Native histories and cul24 tures education program resources, including 

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1 nization, or Native Hawaiian educational orga2 nization within the eligible entity for these ac3 tivities; 

4 (E) planning and coordination with other 

5 relevant stakeholders, such as local and regional 

6 Indian Tribes or Tribal organizations, Native 

7 Hawaiian educational organizations, museums, 

8 cultural centers, historical societies, institutions 

9 of higher education, and curricula experts, for 

10 the purpose of developing local and regionally 

11 specific Native histories and cultures education 

12 program resources; 

13 (F) coordination with and outreach to stu14 dents, educators, parents, and organizations 

15 representing Native American students, par16 ents, or families; 

17 (G) providing professional development to 

18 educators on the Native histories and cultures 

19 education program, including the importance of 

20 the program; 

21 (H) implementing a Native histories and 

22 cultures education program in public elemen23 tary schools and secondary schools in accord24 ance with the implementation plan developed 

25 under subparagraph (B); 


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1 (I) coordination with undergraduate, 

2 postbaccalaureate, or master’s educator prepa3 ration programs, including training and out4 reach for educator candidates and school leader 

5 candidates; 

6 (J) providing outreach and broader com7 munity awareness on the initiative carried out 

8 under this section; and 

9 (K) making revisions and updates to the 

10 Native histories and cultures education pro11 gram, as necessary based on the base cur12 riculum revisions and updates under subsection 

13 (a)(1)(I). 

14 (c) SUPPLEMENT NOT SUPPLANT.—An eligible enti15 ty receiving a grant under subsection (b) shall use grant 

16 funds to supplement, and not supplant, any funds that 

17 would, in the absence of such grant funds, be made avail18 able from State and local sources for the activities de19 scribed in subsection (b). 

20 SEC. 6. REPORTING. 

21 (a) ANNUAL STATE REPORTS.—An eligible entity 

22 that receives a grant under section 5 shall annually report 

23 on the effectiveness of the Native histories and cultures 

24 education program and activities carried out under the 


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1 grant to the Director of the Institute of Education 

2 Sciences, which shall include, at a minimum, the following: 

3 (1) The number of students served by grant ac4 tivities. 

5 (2) The number of educators who participated 

6 in professional development funded by grant activi7 ties. 

8 (3) The number of educator preparation pro9 grams that provided training, and the number of ed10 ucator candidates and school leaders who received 

11 training, funded by grant activities. 

12 (4) The number of local educational agencies 

13 utilizing the base curriculum or a Native histories 

14 and cultures education program. 

15 (5) A description of the performance indicators 

16 and performance measures used to evaluate pro17 grams and activities with an emphasis on the aca18 demic and cultural needs of participating Native 

19 American students, including performance indicators 

20 and measures that— 

21 (A) are able to track student success and 

22 improvement over time; 

23 (B) include State assessment results and 

24 other indicators of student success and im25 provement, such as improved attendance during 


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1 the school day, improved classroom grades, im2 proved school climate and safety, and improved 

3 school discipline disparities; 

4 (C) for high school students, may include 

5 indicators such as graduation rates, grade point 

6 average, credits earned, postsecondary enroll7 ment, and career readiness; or 

8 (D) reflect improved performance or stu9 dent success in other ways. 

10 (6) Reporting on the effectiveness of the pro11 gram, including the results of the performance indi12 cators under paragraph (5), which shall include esti13 mated impact on the student outcomes of partici14 pating Native American students. Any performance 

15 or enrollment data disaggregation shall be done in a 

16 manner that protects the privacy of students. Such 

17 performance and enrollment data shall not be 

18 disaggregated in the case in which the number of 

19 students in a group is insufficient to yield statis20 tically reliable information or the results would re21 veal personally identifiable information about an in22 dividual student. 

23 (7) A report or narrative from the Indian 

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1 cational organization that is a part of the eligible en2 tity regarding— 

3 (A) the estimated impact on students en4 rolled in the Indian Tribe or served by the Trib5 al organization or Native Hawaiian educational 

6 organization; and 

7 (B) the estimated impact, if any, on stu8 dents enrolled in the Indian Tribe or served by 

9 the Tribal organization or Native Hawaiian 

10 educational organization in terms of culturally 

11 relevant methods of determining value and suc12 cess. 

13 (8) Any feedback on the base curriculum devel14 oped under section 5(a)(1)(B). 

15 (b) INSTITUTE OF EDUCATION SCIENCES RE16 PORTS.— 

17 (1) IN GENERAL.—The Director of the Institute 

18 of Education Sciences shall prepare and make pub19 licly available a biennial report containing— 

20 (A) information on a national and state21 wide basis, that shall not include the personally 

22 identifiable information of students, educators, 

23 or other individuals, from the reports submitted 

24 under subsection (a) and that may include 

25 other information determined appropriate by 


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1 the Director of the Institute of Education 

2 Sciences; 

3 (B) an evaluation of the effectiveness of 

4 the Native histories and cultures education pro5 grams, including the impact on student per6 formance in general and student performance of 

7 Native American students in particular from, or 

8 informed by, the annual State reports described 

9 in subsection (a); and 

10 (C) any recommendations based on the 

11 evaluation of the Native histories and cultures 

12 education programs. 

13 (2) REPORTS TO CONGRESS.—The Director of 

14 the Institute of Education Sciences shall submit to 

15 the Committee on Indian Affairs of the Senate, the 

16 Committee on Health, Education, Labor, and Pen17 sions of the Senate, the Committee on Natural Re18 sources of the House of Representatives, and the 

19 Committee on Education and the Workforce of the 

20 House of Representatives, 1 year after the date of 

21 enactment of this Act and every 5 years thereafter, 

22 a report describing the impact of the program, as 

23 determined by the metrics collected under subsection 

24 (a). 


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1 (c) NATIONAL MUSEUM OF THE AMERICAN INDIAN

2 REPORTS.—The Director of the Museum shall submit to 

3 the Committee on Indian Affairs of the Senate, the Com4 mittee on Health, Education, Labor, and Pensions of the 

5 Senate, the Committee on Natural Resources of the House 

6 of Representatives, and the Committee on Education and 

7 the Workforce of the House of Representatives— 

8 (1) not later than 6 months after the date of 

9 enactment of this Act, a brief status report describ10 ing the activities carried out under section 

11 5(a)(1)(A); 

12 (2) not later than 18 months after the date of 

13 enactment of this Act, a report on the base cur14 riculum developed under section 5 and a report on 

15 the Director of the Museum’s development process 

16 and plan for dissemination of the base curriculum; 

17 and 

18 (3) every 5 years thereafter, a report describing 

19 efforts undertaken by the Director of the Museum to 

20 revise and update the base curriculum as described 

21 in section 5(a)(1)(I). 

22 SEC. 7. NATIONAL MUSEUM OF THE AMERICAN INDIAN 

23 ACT. 

24 The National Museum of the American Indian Act 

25 (20 U.S.C. 80q et seq.) is amended— 


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1 (1) in section 3(b)— 

2 (A) in paragraph (3), by striking ‘‘and’’ 

3 after the semicolon; 

4 (B) in paragraph (4), by striking the pe5 riod at the end and inserting ‘‘; and’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(5) advance the study and awareness of Native 

8 American histories and cultures by providing edu9 cational resources to educators and schools.’’; and 

10 (2) in section 6, by striking subsection (a)(1) 

11 and inserting the following: 

12 ‘‘(1) a Director who, subject to the policies of 

13 the Board of Trustees, shall— 

14 ‘‘(A) manage the National Museum; and 

15 ‘‘(B) enter into grants with Indian Tribes, 

16 Tribal organizations, Native Hawaiian edu17 cational organizations, State educational agen18 cies, and local educational agencies to further 

19 the purposes described in section 4 of the Na20 tive Histories and Cultures Education Act of 

21 2023 and carry out the responsibilities de22 scribed under such Act.’’. 

23 SEC. 8. FUNDING. 

24 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated— 


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1 (1) $1,000,000 for the Museum to carry out 

2 the activities described in section 5(a) and to estab3 lish the administrative capabilities necessary to ad4 minister grants under section 5; and 

5 (2) $30,000,000 to award grants under section 

6 5. 

7 (b) DONATIONS, GIFTS, BEQUESTS, AND DEVISES OF

8 PROPERTY.—The Director of the Museum is authorized 

9 to solicit, accept, hold, administer, invest, and use donated 

10 funds and gifts, bequests, and devises of property, both 

11 real and personal, to support the initiative under this Act. 

Æ 


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