II 

114TH CONGRESS 

1ST SESSION S. 410 

To strengthen Indian education, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2015 

Mr. UDALL (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 edu12 cation, including Tribal Colleges and Universities (as 


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1 defined in section 316 of the Higher Education Act 

2 of 1965 (20 U.S.C. 1059c)), are encouraged to con3 sider solving the problem of how to improve school 

4 facilities for tribal schools and schools served by the 

5 Bureau of Indian Education as part of problem6 based learning in their coursework and through ex7 tracurricular opportunities; and 

8 (2) establish an advisory group for the contest 

9 described in paragraph (1) that shall include stu10 dents enrolled at a Tribal College or University, a 

11 representative from the Bureau of Indian Education, 

12 and engineering and fiscal advisors. 

13 (b) SUBMISSION OF FINALISTS TO THE INDIAN AF14 FAIRS COMMITTEE.—The Secretary of the Interior shall 

15 submit the finalists to the Committee on Indian Affairs 

16 of the Senate. 

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

18 (1) determine the winners of the program con19 test conducted under this section; and 

20 (2) award the winners appropriate recognition 

21 and reward. 

22 SEC. 3. DEPARTMENT OF THE INTERIOR AND DEPARTMENT 

23 OF EDUCATION JOINT OVERSIGHT BOARD. 

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

25 the Secretary of the Interior shall jointly establish a DeVerDate Sep 11 2014 21:36 Feb 17, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S410.IS S410

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1 partment of the Interior and Department of Education 

2 Joint Oversight Board that shall— 

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

4 (2) coordinate technical assistance, resource 

5 distribution, and capacity building between the 2 de6 partments on the education of and for Native Amer7 ican students. 

8 (b) INFORMATION TO BE SHARED.—The Joint Over9 sight Board shall facilitate the communication, collabora10 tion, and coordination between the Department of the In11 terior and the Department of Education regarding edu12 cation policies, access to and eligibility for Federal re13 sources, budget and school leadership development, and 

14 other issues, as appropriate. 

15 SEC. 4. IMPROVE SUPPORT FOR TEACHERS AND ADMINIS16 TRATORS OF NATIVE AMERICAN STUDENTS. 

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

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

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

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

21 TEACHERS AND ADMINISTRATORS OF NATIVE 

22 AMERICAN STUDENTS. 

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

24 award grants to eligible entities to enable such entities to 

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1 line for teachers and administrators of Native American 

2 students. 

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

4 ‘eligible entity’ means— 

5 ‘‘(1) a local educational agency; 

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

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

8 in section 316 of the Higher Education Act of 

9 1965); or 

10 ‘‘(4) a nonprofit organization. 

11 ‘‘(c) PRIORITY.—In awarding grants under this sec12 tion, the Secretary shall give priority to Tribal Colleges 

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

14 Education Act of 1965). 

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

16 grant under this section shall create a program that shall 

17 prepare, recruit, and provide continuing education for 

18 teachers and administrators of Native American students, 

19 in particular for teachers of— 

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

21 mathematics; 

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

23 and 


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

2 electrical, welding, technology, plumbing, and green 

3 jobs. 

4 ‘‘(e) INCENTIVES FOR TEACHERS AND ADMINISTRA5 TORS.—An eligible entity that receives a grant under this 

6 section may provide incentives to teachers and principals 

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

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

9 forgiveness, incentive pay, or housing allowances. 

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

11 eligible entity that receives a grant under this section shall 

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

13 community orientation for new teachers and administra14 tors of Native American students.’’. 

15 SEC. 5. NATIVE AMERICAN STUDENT SUPPORT. 

16 (a) STANDARDS-BASED ASSESSMENTS.—Section 

17 1111(b)(3) of the Elementary and Secondary Education 

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

19 at the end the following: 

20 ‘‘(E) STANDARDS-BASED EDUCATION AS21 SESSMENTS.—Notwithstanding any other provi22 sion of this Act, a State, in consultation with 

23 Indian tribes or Tribal Colleges and Univer24 sities (as defined in section 316 of the Higher 

25 Education Act of 1965), shall develop standVerDate Sep 11 2014 21:36 Feb 17, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S410.IS S410

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1 ards-based education assessments and class2 room lessons to accommodate diverse learning 

3 styles, which assessments may be used by the 

4 State in place of the general assessments de5 scribed in subparagraph (A).’’. 

6 (b) SUPPORT.—The Secretary of Education shall ex7 pand programs for Native American school children— 

8 (1) to provide support for learning in the chil9 dren’s Native language and culture; and 

10 (2) to provide English language instruction. 

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

12 United States shall conduct research on culture- and lan13 guage-based education to identify the factors that improve 

14 education and health outcomes. 

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

16 the Elementary and Secondary Education Act of 1965 (20 

17 U.S.C. 6319) is amended by adding at the end the fol18 lowing: 

19 ‘‘(m) QUALIFICATIONS FOR NATIVE LANGUAGE

20 TEACHERS.— 

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

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

23 for local educational agencies and States with re24 spect to highly qualified teachers shall not apply to 

25 a teacher of a Native language. 


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1 ‘‘(2) ALTERNATIVE LICENSURE OR CERTIFI2 CATION.—Each State educational agency receiving 

3 assistance under this part shall, through collabora4 tion with Indian tribes or Tribal Colleges and Uni5 versities (as defined in section 316 of the Higher 

6 Education Act of 1965), as appropriate, develop a li7 censure or certification process for teachers of a Na8 tive language.’’. 

9 (e) REAUTHORIZATION OF THE GRANT PROGRAM TO

10 ENSURE THE SURVIVAL AND CONTINUING VITALITY OF

11 NATIVE AMERICAN LANGUAGES.—Section 816(e) of the 

12 Native American Programs Act of 1974 (42 U.S.C. 

13 2992d(e)) is amended by striking ‘‘2008, 2009, 2010, 

14 2011, and 2012’’ and inserting ‘‘2015, 2016, 2017, 2018, 

15 and 2019’’. 

16 SEC. 6. INCREASED ACCESS TO RESOURCES FOR TRIBAL 

17 SCHOOLS, SCHOOLS SERVED BY THE BUREAU 

18 OF INDIAN EDUCATION, AND NATIVE AMER19 ICAN STUDENTS. 

20 (a) RESERVATION FOR BUREAU-FUNDED SCHOOLS

21 AND PROGRAMS AND SCHOOLS OPERATED BY A TRIBE

22 OR TRIBAL ORGANIZATION.— 

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

24 shall ensure that any program administered by the 

25 Department of Education that awards grants, conVerDate Sep 11 2014 21:36 Feb 17, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S410.IS S410

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1 tracts, or other assistance to benefit elementary 

2 schools and secondary schools (as such terms are de3 fined in section 9101 of the Elementary and Sec4 ondary Education Act of 1965 (20 U.S.C. 7801)) or 

5 prekindergarten or early childhood programs, pro6 vides a reservation, as described in this subsection, 

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

8 as determined appropriate by the Secretary of Edu9 cation for each such grant, contract, or assistance 

10 program: 

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

12 section 1141 of the Education Amendments of 

13 1978 (25 U.S.C. 2021)). 

14 (B) Prekindergarten programs or early 

15 childhood programs or services operated by a 

16 tribe or Indian organization (as defined in such 

17 section). 

18 (C) Elementary schools or secondary 

19 schools operated by a tribe or Indian organiza20 tion (as defined in such section). 

21 (2) AMOUNT OF RESERVATION.— 

22 (A) EXISTING RESERVATION OF FUNDS.— 

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

24 program provided by the Department of Edu25 cation to benefit elementary schools and secVerDate Sep 11 2014 21:36 Feb 17, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S410.IS S410

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1 ondary schools (as such terms are defined in 

2 section 9101 of the Elementary and Secondary 

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

4 prekindergarten or early childhood programs 

5 for which funds are reserved for entities de6 scribed in paragraph (1), or for a group that 

7 may include such entities— 

8 (i) if the existing reservation of funds 

9 is for an amount that is less than 0.5 per10 cent, the amount of such reservation shall 

11 be increased to 0.5 percent; and 

12 (ii) if the existing reservation of funds 

13 is for an amount that is equal to or greater 

14 than 0.5 percent, the amount of such res15 ervation shall be maintained. 

16 (B) NO EXISTING RESERVATION OF

17 FUNDS.—In the case of a grant, contract, or as18 sistance program provided by the Department 

19 of Education to benefit elementary schools and 

20 secondary schools (as such terms are defined in 

21 section 9101 of the Elementary and Secondary 

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

23 prekindergarten or early childhood programs 

24 for which no funds are reserved for the entities 

25 described in paragraph (1), the Secretary of 


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1 Education shall reserve 0.5 percent of such 

2 funds for such entities, as determined by the 

3 Secretary of Education in accordance with 

4 paragraph (1). 

5 (3) USE OF RESERVED FUNDS.—Funds re6 served under this section shall be used in accordance 

7 with the uses of funds described for each particular 

8 grant, contract, or assistance program. In addition 

9 to program support, such reserved funds may be 

10 used, in an amount determined by the Secretary of 

11 Education, for technical assistance or capacity build12 ing to ensure that the schools or programs described 

13 in paragraph (1) are provided the assistance to com14 pete for such grants, contracts, or other assistance. 

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

16 of Education shall carry out this subsection notwith17 standing any other provision of law. 

18 (b) SAFE AND HEALTHY SCHOOLS FOR NATIVE

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

20 of the Elementary and Secondary Education Act of 1965 

21 (20 U.S.C. 7131 et seq.) is amended by adding at the end 

22 the following: 


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

2 AMERICAN STUDENTS. 

3 ‘‘From funds made available to carry out this sub4 part, the Secretary shall— 

5 ‘‘(1) establish a program to improve school en6 vironments and student skill development for healthy 

7 choices for Native American students, including— 

8 ‘‘(A) prevention regarding— 

9 ‘‘(i) alcohol and drug misuse; 

10 ‘‘(ii) suicide; 

11 ‘‘(iii) violence; 

12 ‘‘(iv) pregnancy; and 

13 ‘‘(v) obesity; 

14 ‘‘(B) nutritious eating programs; and 

15 ‘‘(C) anger and conflict management pro16 grams; 

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

18 prevention for Native American students; and 

19 ‘‘(3) collaborate with the Secretary of Agri20 culture to establish tribal-school specific school gar21 dens and nutrition programs that are within the 

22 tribal cultural context.’’. 

23 SEC. 7. FUNDS FOR IMPACT AID. 

24 In addition to amounts otherwise appropriated to 

25 carry out title VIII of the Elementary and Secondary Edu26 cation Act of 1965 (20 U.S.C. 7701 et seq.), there are 


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1 authorized to be appropriated, and there are appropriated, 

2 out of any money in the Treasury not otherwise appro3 priated, to carry out such title VIII the following: 

4 (1) $750,000,000 for fiscal year 2016. 

5 (2) $750,000,000 for fiscal year 2017. 

6 (3) $750,000,000 for fiscal year 2018. 

7 SEC. 8. FORWARD FUNDING FOR TRIBAL COLLEGES. 

8 For carrying out the following programs, there are 

9 authorized to be appropriated $31,500,000 for fiscal year 

10 2016 which shall become available on July 1, 2016, and 

11 shall remain available through September 30, 2017: 

12 (1) Programs under title V of the Tribally Con13 trolled Colleges and Universities Assistance Act of 

14 1978 (25 U.S.C. 1861 et seq.). 

15 (2) The Institute of American Indian and Alas16 ka Native Culture and Arts Development established 

17 under the American Indian, Alaska Native, and Na18 tive Hawaiian Culture and Art Development Act (20 

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

20 (3) Institutional operations grants for the Has21 kell Indian Nations University and Southwestern In22 dian Polytechnic Institute under the authority of the 

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

24 known as the Snyder Act. 


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1 (4) Scholarships and adult education and spe2 cial higher education scholarships under the author3 ity of the Act of November 2, 1921 (25 U.S.C. 13), 

4 popularly known as the Snyder Act. 

5 SEC. 9. DEFINITION OF TRIBAL SCHOOL. 

6 (a) ESEA DEFINITION.—Section 9101 of the Ele7 mentary and Secondary Education Act of 1965 (20 U.S.C. 

8 7801) is amended by adding at the end the following: 

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

10 school’ means— 

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

12 school, as defined in section 1141 of the Edu13 cation Amendments of 1978 (25 U.S.C. 2021); 

14 ‘‘(B) a prekindergarten program, early 

15 childhood program or service, or elementary 

16 school or secondary school, operated by an In17 dian tribe or tribal organization (as defined in 

18 section 4 of the Indian Self-Determination and 

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

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

21 lands (as defined in section 8013); or 

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

23 the students who attend the school are Native 

24 American or Alaska Native students, as deter25 mined by the Secretary.’’. 


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

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

3 section 9101 of the Elementary and Secondary Education 

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

5 (a)). 

Æ 


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