II 

117TH CONGRESS 

2D SESSION S. 3835 

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 

MARCH 14, 2022 

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 2022’’. 

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, authors, and in many 

6 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 Federal Government’s adoption of 

15 the relocation, termination, and other discrimi16 natory and genocidal policies, including the In17 dian Boarding School Policy, and similar poli18 cies employed in the Territory of Hawaii, to 

19 strip American Indian, Alaska Native, and Na20 tive Hawaiian children of their indigenous iden21 tities, language, and culture; 

22 (C) the unique government-to-government 

23 relationship between the Federal Government 

24 and Indian Tribes; and 


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1 (D) the Federal Government’s treaty-based 

2 trust responsibilities to Native American peo3 ples and Indian Tribes. 

4 (8) The Federal Government can improve the 

5 representation of Native American peoples, their his6 tories, and their contributions, as well as the unique 

7 relationship between Indian Tribes and the Federal 

8 Government in more classrooms by supporting com9 munity-based curricula development. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

12 (1) BASE CURRICULUM.—The term ‘‘base cur13 riculum’’ means a nationally focused curriculum on 

14 Native histories and cultures developed by the Direc15 tor of the Museum under section 5(a)(1). 

16 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti17 ty’’ means a partnership that— 

18 (A) shall include a State educational agen19 cy and 1 or more Indian Tribes, Tribal organi20 zations, or Native Hawaiian education organiza21 tions; 

22 (B) may include 1 or more local edu23 cational agencies; and 

24 (C) may include 1 or more Tribal edu25 cational agencies. 


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

2 means the recognized governing body of any Indian 

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

4 community, component band, or component reserva5 tion, individually recognized (including parentheti6 cally) in the list published most recently as of the 

7 date of enactment of this Act pursuant to section 

8 104 of the Federally Recognized Indian Tribe List 

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

10 (4) INSTITUTION OF HIGHER EDUCATION.—The 

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

12 meaning given the term in section 101 of the Higher 

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

14 (5) LOCAL EDUCATIONAL AGENCY.—The term 

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

16 the term in section 8101 of the Elementary and Sec17 ondary Education Act of 1965 (20 U.S.C. 7801). 

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

19 National Museum of the American Indian. 

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

21 American’’ has the meaning given the term in sec22 tion 103 of the Native American Languages Act (25 

23 U.S.C. 2902). 

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1 nization’’ has the meaning given the term in section 

2 6207 of the Native Hawaiian Education Act (20 

3 U.S.C. 7517). 

4 (9) NATIVE HISTORIES AND CULTURES.—The 

5 term ‘‘Native histories and cultures’’ means accu6 rate, fact-based, and thorough information about the 

7 histories and cultures of Native American peoples 

8 prior to the first European contact, during the col9 onization of North America, and until the present 

10 date. 

11 (10) NATIVE HISTORIES AND CULTURES EDU12 CATION PROGRAM.—The term ‘‘Native histories and 

13 cultures education program’’ means a program 

14 that— 

15 (A) has as its specific and primary purpose 

16 to— 

17 (i) improve awareness and under18 standing of the experiences of Native 

19 American peoples and Native histories and 

20 cultures; and 

21 (ii) describe and educate individuals 

22 on the structures of Indian Tribes as sov23 ereign entities with separate executive, leg24 islative, and judicial government struc25 tures; 


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1 (B) uses the base curriculum; and 

2 (C) incorporates local and regionally ap3 propriate information on the histories and cul4 tures of Indian Tribes and Native American 

5 peoples in that area that is developed in con6 sultation with such Indian Tribes and Native 

7 American peoples. 

8 (11) PROFESSIONAL DEVELOPMENT.—The 

9 term ‘‘professional development’’ has the meaning 

10 given the term in section 8101 of the Elementary 

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

12 7801). 

13 (12) STATE EDUCATIONAL AGENCY.—The term 

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

15 the term in section 8101 of the Elementary and Sec16 ondary Education Act of 1965 (20 U.S.C. 7801). 

17 (13) TRIBAL EDUCATIONAL AGENCY.—The 

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

19 given the term in section 6132(b)(3) of the Elemen20 tary and Secondary Education Act of 1965 (20 

21 U.S.C. 7452). 

22 (14) TRIBAL ORGANIZATION.—The term ‘‘Trib23 al organization’’ means a tribal organization, as de24 fined in section 4 of the Indian Self-Determination 

25 and Education Assistance Act (25 U.S.C. 5304). 


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1 SEC. 4. PURPOSES. 

2 The purposes of this Act are to— 

3 (1) expand the Museum’s educational efforts 

4 and develop and make freely accessible base cur5 riculum resources and materials that— 

6 (A) have been developed after significant 

7 consultation, engagement, and coordination 

8 with Indian Tribes, Tribal organizations, and 

9 stakeholders representing Native American peo10 ples and interests, including Native Hawaiian 

11 education organizations; and 

12 (B) are available for students, educators, 

13 parents, and interested individuals and groups; 

14 (2) support partnerships among States, Indian 

15 Tribes, Tribal organizations, and Native Hawaiian 

16 education organizations to develop additional edu17 cational resources and materials related to Native 

18 histories and cultures that are local and regionally 

19 specific; and 

20 (3) provide opportunities for State educational 

21 agencies to implement Native histories and cultures 

22 education programs built around the base cur23 riculum provided by the Museum with additional lo24 cally and regionally appropriate information. 


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1 SEC. 5. NATIVE HISTORIES AND CULTURES EDUCATION 

2 PROGRAM. 

3 (a) SOLICITATION OF FEEDBACK AND DEVELOP4 MENT OF BASE CURRICULUM FOR NATIVE HISTORIES

5 AND CULTURES.— 

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

7 shall— 

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

9 regarding the learning objectives and develop10 ment of the base curriculum on Native histories 

11 and cultures under subparagraph (B)— 

12 (i) engage in robust and active con13 sultation with Indian Tribes and Tribal or14 ganizations; and 

15 (ii) solicit comments from organiza16 tions representing the interests of Native 

17 American peoples in the United States, 

18 and any other relevant stakeholders, in19 cluding Native Hawaiian education organi20 zations; 

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

22 end of the period described in subparagraph 

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

24 cultures that— 


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1 (i) is appropriate for all grade levels 

2 of elementary school and secondary school 

3 education; 

4 (ii) includes the significant contribu5 tions Native Americans have made to the 

6 Nation as leaders in their communities and 

7 States, and as scholars, scientists, entre8 preneurs, artists, authors, educators, and 

9 in other fields; 

10 (iii) explains the unique government11 to-government relationship between the 

12 Federal Government and Indian Tribes 

13 and the trust and treaty-based responsibil14 ities owed to Native American peoples and 

15 Indian Tribes; 

16 (iv) includes the important role Native 

17 American peoples have played in the his18 tory of the United States and through 

19 present day; 

20 (v) teaches the experiences of Native 

21 American peoples in the United States 

22 today and throughout history, including 

23 the Federal Government’s adoption of the 

24 Indian Boarding School Policy, and similar 

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1 waii, to strip American Indian, Alaska Na2 tive, and Native Hawaiian children of their 

3 indigenous identities, language, and cul4 ture; and 

5 (vi) includes other appropriate sub6 jects that will enable people to understand 

7 and appreciate the histories, cultures, and 

8 perspectives of Native American peoples 

9 and how such histories, cultures, and per10 spectives have and will continue to be part 

11 of the fabric of the United States; 

12 (C) make available for public comment the 

13 base curriculum and make adjustments as ap14 propriate; 

15 (D) engage in outreach promoting the 

16 availability of the base curriculum to educators, 

17 State educational agencies, local educational 

18 agencies, Indian Tribes, Tribal organizations, 

19 Native Hawaiian education organizations, edu20 cator preparation programs, groups involved 

21 with the provision of professional development 

22 for educators, and other interested stake23 holders, which may include making materials 

24 accessible, at no charge, to educators through 


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1 means and services that educators frequently 

2 use to access educational materials; 

3 (E) make the base curriculum and any up4 dates to the curriculum developed under this 

5 paragraph publicly available, at no charge, on 

6 the Museum’s website and through other 

7 means; 

8 (F) provide technical assistance to eligible 

9 entities, State educational agencies, local edu10 cational agencies, Tribal educational agencies, 

11 and educators; 

12 (G) solicit public comment from Indian 

13 Tribes, Tribal organizations, and organizations 

14 representing the interests of Native American 

15 peoples in the United States, including Native 

16 Hawaiian education organizations, local edu17 cational agencies, State educational agencies, 

18 educators, or other entities utilizing the base 

19 curriculum made freely available under sub20 paragraph (E) to assess the success of its im21 plementation and collect data used for reporting 

22 to Congress under section 6; 

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1 sions and updates to the base curriculum peri2 odically; and 

3 (I) formally make revisions and updates to 

4 the base curriculum based upon feedback and 

5 comments under this paragraph, 1 and 2 years 

6 after initial implementation and, as appropriate, 

7 periodically thereafter. 

8 (2) INCLUSION OF AVAILABLE MATERIALS.—In 

9 developing the base curriculum under paragraph (1), 

10 the Director of the Museum may use or incorporate 

11 any educational material available through the Mu12 seum as of the date of enactment of this Act. 

13 (3) COORDINATION.—The Director of the Insti14 tute of Museum and Library Services shall make 

15 available any educational material or resources re16 quested by the Director of the Museum to develop 

17 the base curriculum under paragraph (1). 

18 (b) GRANTS AUTHORIZED.— 

19 (1) IN GENERAL.—Upon completion of the ini20 tial development of the base curriculum under sub21 section (a)(1)(B), the Director of the Museum shall 

22 award grants to eligible entities— 

23 (A) to use the base curriculum to develop 

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1 cation programs that are locally and regionally 

2 specific; and 

3 (B) to implement such programs in ele4 mentary schools and secondary schools served 

5 by the eligible entity. 

6 (2) APPLICATIONS.—An eligible entity desiring 

7 a grant under this subsection shall submit an appli8 cation to the Director of the Museum at such time, 

9 in such manner, and based on such competitive cri10 teria as the Director of the Museum may require. 

11 Each such application shall include the following: 

12 (A) A description of the partnership and 

13 coordination between all partner entities com14 prising the eligible entity, including any formal 

15 agreements or memoranda of understanding. 

16 (B) A description of any outreach con17 ducted beyond the eligible entity to Indian 

18 Tribes, Tribal organizations, Native Hawaiian 

19 education organizations, Tribal education orga20 nizations, or local, regional, or otherwise rel21 evant stakeholders. 

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

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1 ty will be compensated for their efforts under 

2 the grant. 

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

4 historical, and cultural materials that the eligi5 ble entity will seek to include in the educational 

6 materials and Native histories and cultures edu7 cation program developed under the grant. 

8 (E) A description of how such materials 

9 will align with the challenging State academic 

10 standards and assessments under paragraphs 

11 (1) and (2) of section 1111(b) of the Elemen12 tary and Secondary Education Act of 1965 (20 

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

14 (F) A description of how such materials 

15 will align with a State’s academic standards 

16 and assessments related to social studies and 

17 history or other relevant subject. 

18 (G) A description of how the eligible entity 

19 will meet the reporting requirements. 

20 (3) USES OF FUNDS.—An eligible entity receiv21 ing a grant under this subsection shall use the grant 

22 funds to develop, plan, and implement a Native his23 tories and cultures education program, including— 

24 (A) developing local and regionally specific 

25 Native histories and cultures education program 


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1 resources for use in conjunction with the base 

2 curriculum; 

3 (B) developing a plan for the implementa4 tion of a Native histories and cultures education 

5 program that would be implemented in public 

6 elementary schools and secondary schools 

7 served by the eligible entity, including coordina8 tion with local educational agencies and teach9 ers; 

10 (C) utilizing the base curriculum and de11 veloping additional curriculum to align with the 

12 challenging State academic standards and as13 sessments under paragraphs (1) and (2) of sec14 tion 1111(b) of the Elementary and Secondary 

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

16 (D) planning, development, and coordina17 tion among all partner entities comprising the 

18 eligible entity, for purposes of developing local 

19 and regionally specific Native histories and cul20 tures education program resources, including 

21 compensation for any Indian Tribe, Tribal orga22 nization, or Native Hawaiian education organi23 zation within the eligible entity for these activi24 ties; 


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1 (E) planning and coordination with other 

2 relevant stakeholders, such as local and regional 

3 Indian Tribes or Tribal organizations, Native 

4 Hawaiian education organizations, museums, 

5 cultural centers, historical societies, institutions 

6 of higher education, and curricula experts, for 

7 the purpose of developing local and regionally 

8 specific Native histories and cultures education 

9 program resources; 

10 (F) coordination with and outreach to stu11 dents, educators, parents, and organizations 

12 representing Native American students, par13 ents, or families; 

14 (G) providing professional development to 

15 educators on the Native histories and cultures 

16 education program, including the importance of 

17 the program; 

18 (H) implementing a Native histories and 

19 cultures education program in public elemen20 tary schools and secondary schools in accord21 ance with the implementation plan developed 

22 under subparagraph (B); 

23 (I) coordination with undergraduate, 

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1 reach for educator candidates and school leader 

2 candidates; 

3 (J) providing outreach and broader com4 munity awareness on the initiative carried out 

5 under this section; and 

6 (K) making revisions to the Native his7 tories and cultures education program, as nec8 essary based on the base curriculum revisions 

9 under subsection (a)(1)(I). 

10 (c) SUPPLEMENT NOT SUPPLANT.—An eligible enti11 ty receiving a grant under subsection (b) shall use grant 

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

13 would, in the absence of such grant funds, be made avail14 able from State and local sources for the activities de15 scribed in subsection (b). 

16 SEC. 6. REPORTING. 

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

18 that receives a grant under section 5 shall annually report 

19 on the effectiveness of the Native histories and cultures 

20 education program and activities carried out under the 

21 grant to the Director of the Institute of Education 

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

23 (1) The number of students served by grant ac24 tivities. 


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1 (2) The number of educators who participated 

2 in professional development funded by grant activi3 ties. 

4 (3) The number of educator preparation pro5 grams that provided training, and the number of ed6 ucator candidates and school leaders who received 

7 training funded by grant activities. 

8 (4) The number of local educational agencies 

9 utilizing the base curriculum or a Native histories 

10 and cultures education program. 

11 (5) A description of the performance indicators 

12 and performance measures used to evaluate pro13 grams and activities with an emphasis on the aca14 demic and cultural needs of participating Native 

15 American students, including performance indicators 

16 and measures that— 

17 (A) are able to track student success and 

18 improvement over time; 

19 (B) include State assessment results and 

20 other indicators of student success and im21 provement, such as improved attendance during 

22 the school day, improved classroom grades, im23 proved school climate and safety, and improved 

24 school discipline disparities; 


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1 (C) for high school students, may include 

2 indicators such as graduation rates, grade point 

3 average, credits earned, postsecondary enroll4 ment, and career readiness; or 

5 (D) reflect improved performance or stu6 dent success in other ways. 

7 (6) Reporting on the effectiveness of the pro8 gram, including the results of the performance indi9 cators under paragraph (5), which shall include esti10 mated impact on the student outcomes of partici11 pating Native students. Any performance or enroll12 ment data disaggregation shall be done in a manner 

13 that protects the privacy of students. Such perform14 ance and enrollment data shall not be disaggregated 

15 in the case in which the number of students in a 

16 group is insufficient to yield statistically reliable in17 formation or the results would reveal personally 

18 identifiable information about an individual student. 

19 (7) A report or narrative from the Indian 

20 Tribe, Tribal organization, or Native Hawaiian edu21 cation organization that is a part of the eligible enti22 ty regarding— 

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1 al organization or Native Hawaiian education 

2 organization; and 

3 (B) the estimated impact, if any, on stu4 dents enrolled in the Indian Tribe or served by 

5 the Tribal organization or Native Hawaiian 

6 education organization in terms of culturally 

7 relevant methods of determining value and suc8 cess. 

9 (8) Any feedback on the base curriculum devel10 oped under section 5(a)(1)(B). 

11 (b) INSTITUTE OF EDUCATION SCIENCES REPORT.— 

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

13 of Education Sciences shall prepare and make pub14 licly available a biennial report containing— 

15 (A) information on a national and state16 wide basis, that shall not include the personally 

17 identifiable information of students, educators, 

18 or other individuals, from the reports submitted 

19 under subsection (a) and that may include 

20 other information determined appropriate by 

21 the Director of the Institute of Education 

22 Sciences; 

23 (B) an evaluation of the effectiveness of 

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1 formance in general and student performance of 

2 Native American students in particular from, or 

3 informed by, the annual State reports described 

4 in subsection (a); and 

5 (C) any recommendations based on the 

6 evaluation of the Native histories and cultures 

7 education programs. 

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

9 the Institute of Education Sciences shall submit to 

10 the Committee on Indian Affairs of the Senate, the 

11 Committee on Health, Education, Labor, and Pen12 sions of the Senate, the Committee on Natural Re13 sources of the House of Representatives, and the 

14 Committee on Education and Labor of the House of 

15 Representatives, 1 year after the date of enactment 

16 of this Act and every 5 years thereafter, a report de17 scribing the impact of the program, as determined 

18 by the metrics collected under subsection (a). 

19 (c) NATIONAL MUSEUM OF THE AMERICAN INDIAN

20 REPORT.—The Director of the Museum shall submit to 

21 the Committee on Indian Affairs of the Senate, the Com22 mittee on Health, Education, Labor, and Pensions of the 

23 Senate, the Committee on Natural Resources of the House 

24 of Representatives, and the Committee on Education and 

25 Labor of the House of Representatives— 


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

2 enactment of this Act, a brief status report describ3 ing the activities carried out under section 

4 5(a)(1)(A); 

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

6 enactment of this Act, a report on the base cur7 riculum developed under section 5 and a report on 

8 the Director of the Museum’s development process 

9 and plan for dissemination of the base curriculum; 

10 and 

11 (3) every five years thereafter, a report describ12 ing efforts undertaken by the Director of the Mu13 seum to update the base curriculum as described in 

14 section 5(a)(1)(I). 

15 SEC. 7. NATIONAL MUSEUM OF THE AMERICAN INDIAN 

16 ACT. 

17 The National Museum of the American Indian Act 

18 (20 U.S.C. 80q et seq.) is amended— 

19 (1) in section 3(b)— 

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

21 after the semicolon; 

22 (B) in paragraph (4), by striking the pe23 riod at the end and inserting ‘‘; and’’; and 

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


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

2 American histories and cultures by providing edu3 cational resources to educators and schools.’’; and 

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

5 and inserting the following: 

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

7 the Board of Trustees— 

8 ‘‘(A) shall manage the National Museum; 

9 and 

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

11 Tribal organizations, Native Hawaiian edu12 cation organizations, State educational agen13 cies, and local educational agencies to further 

14 the purposes described in section 4 of the Na15 tive Histories and Cultures Education Act of 

16 2022 and carry out the responsibilities de17 scribed under such Act.’’. 

18 SEC. 8. FUNDING. 

19 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated— 

21 (1) $1,000,000 for the Museum to carry out 

22 the activities described in section 5(a) and to estab23 lish the administrative capabilities necessary to ad24 minister grants under section 5; and 


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1 (2) $30,000,000 to award grants under section 

2 5. 

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

4 PROPERTY.—The Director of the Museum is authorized 

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

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

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

Æ 


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