II 

113TH CONGRESS 

1ST SESSION S. 1131 

To strengthen Indian education, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 11, 2013 

Mr. UDALL of New Mexico (for himself and Mr. HEINRICH) 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 

11 program contest in which institutions of higher eduVerDate Mar 15 2010 03:26 Jun 15, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1131.IS S1131

pwalker on DSK7TPTVN1PROD with BILLS
2 

•S 1131 IS

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. 


pwalker on DSK7TPTVN1PROD with BILLS
3 

•S 1131 IS

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: 


pwalker on DSK7TPTVN1PROD with BILLS
4 

•S 1131 IS

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— 


pwalker on DSK7TPTVN1PROD with BILLS
5 

•S 1131 IS

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: 

24 ‘‘(E) STANDARDS-BASED EDUCATION AS25 SESSMENTS.—Notwithstanding any other proviVerDate Mar 15 2010 03:26 Jun 15, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1131.IS S1131

pwalker on DSK7TPTVN1PROD with BILLS
6 

•S 1131 IS

1 sion of this Act, a State, in consultation with 

2 Indian tribes or Tribal Colleges and Univer3 sities, shall develop standards-based education 

4 assessments and classroom lessons to accommo5 date diverse learning styles, which assessments 

6 may be used by the State in place of the gen7 eral assessments described in subparagraph 

8 (A).’’. 

9 (b) SUPPORT.—The Secretary of Education shall ex10 pand programs for Native American school children— 

11 (1) to provide support for learning in the chil12 dren’s Native language and culture; and 

13 (2) to provide English language instruction. 

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

15 United States shall conduct research on culture- and lan16 guage-based education to identify the factors that improve 

17 education and health outcomes. 

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

19 the Elementary and Secondary Education Act of 1965 (20 

20 U.S.C. 6319) is amended by adding at the end the fol21 lowing: 

22 ‘‘(m) QUALIFICATIONS FOR NATIVE LANGUAGE

23 TEACHERS.— 

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

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


pwalker on DSK7TPTVN1PROD with BILLS
7 

•S 1131 IS

1 for local educational agencies and States with re2 spect to highly qualified teachers, shall not apply to 

3 a teacher of a Native language. 

4 ‘‘(2) ALTERNATIVE LICENSURE OR CERTIFI5 CATION.—Each State educational agency receiving 

6 assistance under this part shall, through collabora7 tion with Indian tribes or Tribal Colleges and Uni8 versities, as appropriate, develop a licensure or cer9 tification process for teachers of a Native lan10 guage.’’. 

11 (e) GRANT PROGRAM TO ENSURE THE SURVIVAL

12 AND CONTINUING VITALITY OF NATIVE AMERICAN LAN13 GUAGES.— 

14 (1) DEFINITIONS.—In this subsection: 

15 (A) COMMISSIONER.—The term ‘‘Commis16 sioner’’ means the Commissioner of the Admin17 istration for Native Americans in the Depart18 ment of Health and Human Services (estab19 lished under section 803B of the Native Amer20 ican Programs Act of 1974 (42 U.S.C. 2991b– 

21 2)). 

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

23 entity’’ means any agency or organization that 

24 is eligible for financial assistance under section 


pwalker on DSK7TPTVN1PROD with BILLS
8 

•S 1131 IS

1 803(a) of the Native American Programs Act of 

2 1974 (42 U.S.C. 2991b(a)). 

3 (2) ESTABLISHMENT OF GRANT PROGRAM.— 

4 The Commissioner shall establish a program to pro5 vide eligible entities with grants for the purpose of 

6 assisting Native Americans to ensure the survival 

7 and continuing vitality of Native American lan8 guages. 

9 (3) USE OF AMOUNTS.— 

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

11 use amounts received under this subsection to 

12 carry out activities that ensure the survival and 

13 continuing vitality of Native American lan14 guages, including— 

15 (i) the establishment and support of 

16 community Native American language 

17 projects designed to bring older and young18 er Native Americans together to facilitate 

19 and encourage the transfer of Native 

20 American language skills from one genera21 tion to another; 

22 (ii) the establishment of projects that 

23 train Native Americans to— 

24 (I) teach a Native American lan25 guage to others; or 


pwalker on DSK7TPTVN1PROD with BILLS
9 

•S 1131 IS

1 (II) serve as interpreters or 

2 translators of a Native American lan3 guage; 

4 (iii) the development, printing, and 

5 dissemination of materials to be used for 

6 the teaching and enhancement of a Native 

7 American language; 

8 (iv) the establishment or support of a 

9 project to train Native Americans to 

10 produce or participate in television or radio 

11 programs to be broadcast in a Native 

12 American language; 

13 (v) the compilation, transcription, and 

14 analysis of oral testimony to record and 

15 preserve a Native American language; 

16 (vi) the purchase of equipment, in17 cluding audio and video recording equip18 ment, computers, and software, required to 

19 carry out a Native American language 

20 project; and 

21 (vii)(I) the establishment of Native 

22 American language nests, which are site23 based educational programs that— 

24 (aa) provide instruction and child 

25 care through the use of a Native 


pwalker on DSK7TPTVN1PROD with BILLS
10 

•S 1131 IS

1 American language for at least 10 

2 children under the age of 7 for an av3 erage of at least 500 hours per year 

4 per student; 

5 (bb) provide classes in a Native 

6 American language for parents (or 

7 legal guardians) of students enrolled 

8 in a Native American language nest 

9 (including Native American language10 speaking parents); and 

11 (cc) ensure that a Native Amer12 ican language is the dominant me13 dium of instruction in the Native 

14 American language nest; 

15 (II) the establishment of Native 

16 American language survival schools, which 

17 are site-based educational programs for 

18 school-age students that— 

19 (aa) provide an average of at 

20 least 500 hours of instruction through 

21 the use of 1 or more Native American 

22 languages for at least 15 students for 

23 whom a Native American language 

24 survival school is the principal place 

25 of instruction; 


pwalker on DSK7TPTVN1PROD with BILLS
11 

•S 1131 IS

1 (bb) develop instructional courses 

2 and materials for learning Native 

3 American languages and for instruc4 tion through the use of Native Amer5 ican languages; 

6 (cc) provide for teacher training; 

7 (dd) work toward a goal of all 

8 students achieving— 

9 (AA) fluency in a Native 

10 American language; and 

11 (BB) academic proficiency 

12 in mathematics, reading (or lan13 guage arts), and science; and 

14 (ee) are located in areas that 

15 have high numbers or percentages of 

16 Native American students; and 

17 (III) the establishment of Native 

18 American language restoration programs, 

19 which are educational programs that— 

20 (aa) operate at least 1 Native 

21 American language program for the 

22 community that the educational pro23 gram serves; 


pwalker on DSK7TPTVN1PROD with BILLS
12 

•S 1131 IS

1 (bb) provide training programs 

2 for teachers of Native American lan3 guages; 

4 (cc) develop instructional mate5 rials for the Native American lan6 guage restoration programs; 

7 (dd) work toward a goal of in8 creasing proficiency and fluency in at 

9 least 1 Native American language; 

10 and 

11 (ee) provide instruction in at 

12 least 1 Native American language. 

13 (B) NATIVE AMERICAN LANGUAGE RES14 TORATION PROGRAMS.—An eligible entity car15 rying out a program described in subparagraph 

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

17 under this section to carry out— 

18 (i) Native American language pro19 grams, including— 

20 (I) Native American language 

21 immersion programs; 

22 (II) Native American language 

23 and culture camps; 

24 (III) Native American language 

25 programs provided in coordination 


pwalker on DSK7TPTVN1PROD with BILLS
13 

•S 1131 IS

1 and cooperation with educational enti2 ties; 

3 (IV) Native American language 

4 programs provided in coordination 

5 and cooperation with institutions of 

6 higher education with expertise in the 

7 relevant Native language, particularly 

8 Tribal Colleges and Universities (as 

9 defined in section 316 of the Higher 

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

11 1059c)); 

12 (V) Native American language 

13 programs that use a master-appren14 tice model of learning languages; and 

15 (VI) Native American language 

16 programs provided through a regional 

17 program to better serve geographically 

18 dispersed students; 

19 (ii) Native American language teacher 

20 training programs, including— 

21 (I) training programs in Native 

22 American language translation for flu23 ent speakers; 

24 (II) training programs for Native 

25 American language teachers; 


pwalker on DSK7TPTVN1PROD with BILLS
14 

•S 1131 IS

1 (III) training programs for 

2 teachers in the use of Native Amer3 ican language materials, tools, and 

4 interactive media to teach Native 

5 American language; and 

6 (iii) the development of Native Amer7 ican language materials, including books, 

8 audio and visual tools, and interactive 

9 media programs. 

10 (4) APPLICATIONS.— 

11 (A) IN GENERAL.—Subject to subpara12 graph (B), in awarding a grant under this sub13 section, the Commissioner shall select appli14 cants from among eligible entities on the basis 

15 of applications submitted to the Commissioner 

16 at such time, in such form, and containing such 

17 information as the Commissioner requires. 

18 (B) REQUIREMENTS.—An application 

19 under subparagraph (A) shall include, at a min20 imum— 

21 (i) a detailed description of the cur22 rent status of the Native American lan23 guage to be addressed by the project for 

24 which a grant is requested, including a de25 scription of existing programs and 


pwalker on DSK7TPTVN1PROD with BILLS
15 

•S 1131 IS

1 projects, if any, in support of that lan2 guage; 

3 (ii) a detailed description of the 

4 project for which the grant is requested; 

5 (iii) a statement that the objectives of 

6 the project are in accordance with the pur7 poses of this subsection; 

8 (iv) a detailed description of the plan 

9 of the applicant to evaluate the project; 

10 (v) if appropriate, an identification of 

11 opportunities for the replication or modi12 fication of the project for use by other Na13 tive Americans; 

14 (vi) a plan for the preservation of the 

15 products of the Native American language 

16 project for the benefit of future genera17 tions of Native Americans and other inter18 ested persons; and 

19 (vii) in the case of an application for 

20 a grant to carry out any purpose specified 

21 in paragraph (3)(A)(vii)(III), a certifi22 cation by the applicant that the applicant 

23 has not less than 3 years of experience in 

24 operating and administering a Native 

25 American language survival school, a NaVerDate Mar 15 2010 03:26 Jun 15, 2013 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1131.IS S1131

pwalker on DSK7TPTVN1PROD with BILLS
16 

•S 1131 IS

1 tive American language nest, or any other 

2 educational program in which instruction 

3 is conducted in a Native American lan4 guage. 

5 (C) PARTICIPATING ORGANIZATIONS.—If 

6 an applicant determines that the objectives of a 

7 proposed Native American language project 

8 would be accomplished more effectively through 

9 a partnership with an educational entity, the 

10 applicant shall identify the educational entity as 

11 a participating organization in the application. 

12 (5) LIMITATIONS ON FUNDING.— 

13 (A) FEDERAL SHARE.—The Federal share 

14 of the total cost of a program under this sub15 section shall not exceed 80 percent. 

16 (B) NON-FEDERAL SHARE.— 

17 (i) IN GENERAL.—The non-Federal 

18 share of the cost of a program under this 

19 subsection may be provided in cash or fair20 ly evaluated in-kind contributions, includ21 ing facilities, equipment, or services. 

22 (ii) SOURCE OF NON-FEDERAL

23 SHARE.—The non-Federal share— 

24 (I) may be provided from any 

25 private or non-Federal source; and 


pwalker on DSK7TPTVN1PROD with BILLS
17 

•S 1131 IS

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 

25 the Indian Self-DeterminaVerDate Mar 15 2010 03:26 Jun 15, 2013 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1131.IS S1131

pwalker on DSK7TPTVN1PROD with BILLS
18 

•S 1131 IS

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 Commissioner may make grants 

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

8 year, or 3-year basis. 

9 (ii) NATIVE AMERICAN LANGUAGE

10 RESTORATION PROGRAM.—The Commis11 sioner shall only make a grant available 

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

13 year basis. 

14 (6) ADMINISTRATION.— 

15 (A) EXPERT PANEL.— 

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

17 days after date of enactment of this sub18 section, the Commissioner shall appoint a 

19 panel of experts for the purpose of assist20 ing the Commissioner to review— 

21 (I) applications submitted under 

22 paragraph (4); 

23 (II) evaluations carried out to 

24 comply with paragraph (4)(B)(iv); 

25 and 


pwalker on DSK7TPTVN1PROD with BILLS
19 

•S 1131 IS

1 (III) the preservation of products 

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

3 (ii) COMPOSITION.— 

4 (I) IN GENERAL.—The panel 

5 shall include— 

6 (aa) a designee of the Insti7 tute of American Indian and 

8 Alaska Native Culture and Arts 

9 Development; 

10 (bb) representatives of na11 tional, tribal, and regional orga12 nizations that focus on Native 

13 American language or Native 

14 American cultural research, de15 velopment, or training; and 

16 (cc) other individuals who 

17 are recognized as experts in the 

18 area of Native American lan19 guage. 

20 (II) RECOMMENDATIONS.—The 

21 Commissioner shall solicit rec22 ommendations for appointments to 

23 the panel from Indian tribes and trib24 al organizations. 


pwalker on DSK7TPTVN1PROD with BILLS
20 

•S 1131 IS

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

2 shall include— 

3 (I) making recommendations re4 garding the development and imple5 mentation of regulations, policies, pro6 cedures, and rules of general applica7 bility with respect to the administra8 tion of this subsection; 

9 (II) reviewing applications re10 ceived under paragraph (4); 

11 (III) providing to the Commis12 sioner a list of recommendations for 

13 the approval of applications in accord14 ance with— 

15 (aa) regulations issued by 

16 the Secretary of Health and 

17 Human Services; and 

18 (bb) the relative need for the 

19 project; and 

20 (IV) reviewing evaluations sub21 mitted to comply with paragraph 

22 (4)(B)(iv). 

23 (B) PRODUCTS GENERATED BY

24 PROJECTS.— 


pwalker on DSK7TPTVN1PROD with BILLS
21 

•S 1131 IS

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 


pwalker on DSK7TPTVN1PROD with BILLS
22 

•S 1131 IS

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 Commissioner to a product 

18 described in clause (i) for pur19 poses of administering this sub20 section or evaluating the product; 

21 or 

22 (bb) to sell a product de23 scribed in clause (i), or a copy of 

24 that product, for profit to the en25 tities referred to in clause (i). 


pwalker on DSK7TPTVN1PROD with BILLS
23 

•S 1131 IS

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 2014 through 2019. 

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). 


pwalker on DSK7TPTVN1PROD with BILLS
24 

•S 1131 IS

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 


pwalker on DSK7TPTVN1PROD with BILLS
25 

•S 1131 IS

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. 


pwalker on DSK7TPTVN1PROD with BILLS
26 

•S 1131 IS

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. 


pwalker on DSK7TPTVN1PROD with BILLS
27 

•S 1131 IS

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; 


pwalker on DSK7TPTVN1PROD with BILLS
28 

•S 1131 IS

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 2014. 

15 (2) $750,000,000 for fiscal year 2015. 

16 (3) $750,000,000 for fiscal year 2016. 

17 SEC. 8. FORWARD FUNDING FOR TRIBAL COLLEGES. 

18 For carrying out the following programs, there are 

19 authorized to be appropriated $91,087,500 for fiscal year 

20 2014 which shall become available on July 1, 2014, and 

21 shall remain available through September 30, 2015: 

22 (1) Programs under title V of the Tribally Con23 trolled Colleges and Universities Assistance Act of 

24 1978 (25 U.S.C. 1861 et seq.). 


pwalker on DSK7TPTVN1PROD with BILLS
29 

•S 1131 IS

1 (2) The Institute of American Indian and Alas2 ka Native Culture and Arts Development established 

3 under the American Indian, Alaska Native, and Na4 tive Hawaiian Culture and Art Development Act (20 

5 U.S.C. 4401 et seq.). 

6 (3) Institutional operations grants for the Has7 kell Indian Nations University and Southwestern In8 dian Polytechnic Institute under the authority of the 

9 Act of November 2, 1921 (25 U.S.C. 13), popularly 

10 known as the Snyder Act. 

11 (4) Scholarships and adult education and spe12 cial higher education scholarships under the author13 ity of the Act of November 2, 1921 (25 U.S.C. 13), 

14 popularly known as the Snyder Act. 

15 SEC. 9. DEFINITION OF TRIBAL SCHOOL. 

16 (a) ESEA DEFINITION.—Section 9101 of the Ele17 mentary and Secondary Education Act of 1965 (20 U.S.C. 

18 7801) is amended by adding at the end the following: 

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

20 school’ means— 

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

22 school, as defined in section 1141 of the Edu23 cation Amendments of 1978 (25 U.S.C. 2021); 

24 ‘‘(B) a prekindergarten program, early 

25 childhood program or service, or elementary 


pwalker on DSK7TPTVN1PROD with BILLS
30 

•S 1131 IS

1 school or secondary school, operated by an In2 dian tribe or tribal organization (as defined in 

3 section 4 of the Indian Self-Determination and 

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

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

6 lands (as defined in section 8013); or 

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

8 the students who attend the school are Native 

9 American or Alaska Native students, as deter10 mined by the Secretary.’’. 

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

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

13 section 9101 of the Elementary and Secondary Education 

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

15 (a)). 

Æ 


pwalker on DSK7TPTVN1PROD with BILLS