H. R. 4766

One Hundred Ninth Congress

of the

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and six 

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. SHORT 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; 
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‘‘(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) in 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, 
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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’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.