II 117th CONGRESS 2d Session S. 3835 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. Short title This Act may be cited as the Native Histories and Cultures Education Act of 2022 . 2. Findings Congress finds the following: (1) Native American peoples are a vital part of our Nation’s past and present. (2) Native American peoples have made significant contributions to the United States and continue to serve as leaders in communities across the Nation and with distinction as public servants, scholars, scientists, entrepreneurs, artists, authors, and in many other professions and specialties. (3) The United States has a unique government-to-government relationship with Indian Tribes and treaty-based trust responsibilities owed to Native American peoples and Indian Tribes. (4) Congress has played a critical role in recognizing the cultures and contributions of Native American peoples throughout the history of the United States by establishing the National Museum of the American Indian in 1989 to— (A) advance the study of Native American language, literature, history, art, anthropology, and life; and (B) provide for Native American research and study programs. (5) Indian Tribes, Tribal Colleges and Universities, Native American organizations, and Native American communities have worked diligently to bring accurate Native American histories and culturally informed educational opportunities to American classrooms. (6) Washington, Oregon, Montana, Arizona, New Mexico, Wisconsin, Maine, Connecticut, Virginia, Florida, Minnesota, and Hawaii include Native American education in content standards for kindergarten through grade 12 education. (7) It is important for students in the United States to have a complete and accurate education about— (A) the experience of Native American peoples in the United States today and throughout history; (B) the Federal Government’s adoption of the relocation, termination, and other discriminatory and genocidal policies, including the Indian Boarding School Policy, and similar policies employed in the Territory of Hawaii, to strip American Indian, Alaska Native, and Native Hawaiian children of their indigenous identities, language, and culture; (C) the unique government-to-government relationship between the Federal Government and Indian Tribes; and (D) the Federal Government’s treaty-based trust responsibilities to Native American peoples and Indian Tribes. (8) The Federal Government can improve the representation of Native American peoples, their histories, and their contributions, as well as the unique relationship between Indian Tribes and the Federal Government in more classrooms by supporting community-based curricula development. 3. Definitions In this Act: (1) Base curriculum The term base curriculum means a nationally focused curriculum on Native histories and cultures developed by the Director of the Museum under section 5(a)(1). (2) Eligible entity The term eligible entity means a partnership that— (A) shall include a State educational agency and 1 or more Indian Tribes, Tribal organizations, or Native Hawaiian education organizations; (B) may include 1 or more local educational agencies; and (C) may include 1 or more Tribal educational agencies. (3) Indian Tribe The term Indian Tribe means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually recognized (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (4) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (5) Local educational agency The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (6) Museum The term Museum means the National Museum of the American Indian. (7) Native American The term Native American has the meaning given the term in section 103 of the Native American Languages Act ( 25 U.S.C. 2902 ). (8) Native Hawaiian education organization The term Native Hawaiian education organization has the meaning given the term in section 6207 of the Native Hawaiian Education Act ( 20 U.S.C. 7517 ). (9) Native histories and cultures The term Native histories and cultures means accurate, fact-based, and thorough information about the histories and cultures of Native American peoples prior to the first European contact, during the colonization of North America, and until the present date. (10) Native histories and cultures education program The term Native histories and cultures education program means a program that— (A) has as its specific and primary purpose to— (i) improve awareness and understanding of the experiences of Native American peoples and Native histories and cultures; and (ii) describe and educate individuals on the structures of Indian Tribes as sovereign entities with separate executive, legislative, and judicial government structures; (B) uses the base curriculum; and (C) incorporates local and regionally appropriate information on the histories and cultures of Indian Tribes and Native American peoples in that area that is developed in consultation with such Indian Tribes and Native American peoples. (11) Professional development The term professional development has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (12) State educational agency The term State educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (13) Tribal educational agency The term Tribal educational agency has the meaning given the term in section 6132(b)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7452 ). (14) Tribal organization The term Tribal organization means a tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). 4. Purposes The purposes of this Act are to— (1) expand the Museum’s educational efforts and develop and make freely accessible base curriculum resources and materials that— (A) have been developed after significant consultation, engagement, and coordination with Indian Tribes, Tribal organizations, and stakeholders representing Native American peoples and interests, including Native Hawaiian education organizations; and (B) are available for students, educators, parents, and interested individuals and groups; (2) support partnerships among States, Indian Tribes, Tribal organizations, and Native Hawaiian education organizations to develop additional educational resources and materials related to Native histories and cultures that are local and regionally specific; and (3) provide opportunities for State educational agencies to implement Native histories and cultures education programs built around the base curriculum provided by the Museum with additional locally and regionally appropriate information. 5. Native histories and cultures education program (a) Solicitation of feedback and development of base curriculum for Native histories and cultures (1) In general The Director of the Museum shall— (A) for a period of not less than 9 months, regarding the learning objectives and development of the base curriculum on Native histories and cultures under subparagraph (B)— (i) engage in robust and active consultation with Indian Tribes and Tribal organizations; and (ii) solicit comments from organizations representing the interests of Native American peoples in the United States, and any other relevant stakeholders, including Native Hawaiian education organizations; (B) develop, not later than 1 year after the end of the period described in subparagraph (A), a base curriculum on Native histories and cultures that— (i) is appropriate for all grade levels of elementary school and secondary school education; (ii) includes the significant contributions Native Americans have made to the Nation as leaders in their communities and States, and as scholars, scientists, entrepreneurs, artists, authors, educators, and in other fields; (iii) explains the unique government-to-government relationship between the Federal Government and Indian Tribes and the trust and treaty-based responsibilities owed to Native American peoples and Indian Tribes; (iv) includes the important role Native American peoples have played in the history of the United States and through present day; (v) teaches the experiences of Native American peoples in the United States today and throughout history, including the Federal Government’s adoption of the Indian Boarding School Policy, and similar policies employed in the Territory of Hawaii, to strip American Indian, Alaska Native, and Native Hawaiian children of their indigenous identities, language, and culture; and (vi) includes other appropriate subjects that will enable people to understand and appreciate the histories, cultures, and perspectives of Native American peoples and how such histories, cultures, and perspectives have and will continue to be part of the fabric of the United States; (C) make available for public comment the base curriculum and make adjustments as appropriate; (D) engage in outreach promoting the availability of the base curriculum to educators, State educational agencies, local educational agencies, Indian Tribes, Tribal organizations, Native Hawaiian education organizations, educator preparation programs, groups involved with the provision of professional development for educators, and other interested stakeholders, which may include making materials accessible, at no charge, to educators through means and services that educators frequently use to access educational materials; (E) make the base curriculum and any updates to the curriculum developed under this paragraph publicly available, at no charge, on the Museum’s website and through other means; (F) provide technical assistance to eligible entities, State educational agencies, local educational agencies, Tribal educational agencies, and educators; (G) solicit public comment from Indian Tribes, Tribal organizations, and organizations representing the interests of Native American peoples in the United States, including Native Hawaiian education organizations, local educational agencies, State educational agencies, educators, or other entities utilizing the base curriculum made freely available under subparagraph (E) to assess the success of its implementation and collect data used for reporting to Congress under section 6; (H) provide mechanisms to accept feedback and comment continuously, and make revisions and updates to the base curriculum periodically; and (I) formally make revisions and updates to the base curriculum based upon feedback and comments under this paragraph, 1 and 2 years after initial implementation and, as appropriate, periodically thereafter. (2) Inclusion of available materials In developing the base curriculum under paragraph (1), the Director of the Museum may use or incorporate any educational material available through the Museum as of the date of enactment of this Act. (3) Coordination The Director of the Institute of Museum and Library Services shall make available any educational material or resources requested by the Director of the Museum to develop the base curriculum under paragraph (1). (b) Grants authorized (1) In general Upon completion of the initial development of the base curriculum under subsection (a)(1)(B), the Director of the Museum shall award grants to eligible entities— (A) to use the base curriculum to develop and plan Native histories and cultures education programs that are locally and regionally specific; and (B) to implement such programs in elementary schools and secondary schools served by the eligible entity. (2) Applications An eligible entity desiring a grant under this subsection shall submit an application to the Director of the Museum at such time, in such manner, and based on such competitive criteria as the Director of the Museum may require. Each such application shall include the following: (A) A description of the partnership and coordination between all partner entities comprising the eligible entity, including any formal agreements or memoranda of understanding. (B) A description of any outreach conducted beyond the eligible entity to Indian Tribes, Tribal organizations, Native Hawaiian education organizations, Tribal education organizations, or local, regional, or otherwise relevant stakeholders. (C) A description of how any Indian Tribe, Tribal organization, or Native Hawaiian education organization included in the eligible entity will be compensated for their efforts under the grant. (D) A description of the local and regional, historical, and cultural materials that the eligible entity will seek to include in the educational materials and Native histories and cultures education program developed under the grant. (E) A description of how such materials will align with the challenging State academic standards and assessments under paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b) ). (F) A description of how such materials will align with a State’s academic standards and assessments related to social studies and history or other relevant subject. (G) A description of how the eligible entity will meet the reporting requirements. (3) Uses of funds An eligible entity receiving a grant under this subsection shall use the grant funds to develop, plan, and implement a Native histories and cultures education program, including— (A) developing local and regionally specific Native histories and cultures education program resources for use in conjunction with the base curriculum; (B) developing a plan for the implementation of a Native histories and cultures education program that would be implemented in public elementary schools and secondary schools served by the eligible entity, including coordination with local educational agencies and teachers; (C) utilizing the base curriculum and developing additional curriculum to align with the challenging State academic standards and assessments under paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b) ); (D) planning, development, and coordination among all partner entities comprising the eligible entity, for purposes of developing local and regionally specific Native histories and cultures education program resources, including compensation for any Indian Tribe, Tribal organization, or Native Hawaiian education organization within the eligible entity for these activities; (E) planning and coordination with other relevant stakeholders, such as local and regional Indian Tribes or Tribal organizations, Native Hawaiian education organizations, museums, cultural centers, historical societies, institutions of higher education, and curricula experts, for the purpose of developing local and regionally specific Native histories and cultures education program resources; (F) coordination with and outreach to students, educators, parents, and organizations representing Native American students, parents, or families; (G) providing professional development to educators on the Native histories and cultures education program, including the importance of the program; (H) implementing a Native histories and cultures education program in public elementary schools and secondary schools in accordance with the implementation plan developed under subparagraph (B); (I) coordination with undergraduate, postbaccalaureate, or master’s educator preparation programs, including training and outreach for educator candidates and school leader candidates; (J) providing outreach and broader community awareness on the initiative carried out under this section; and (K) making revisions to the Native histories and cultures education program, as necessary based on the base curriculum revisions under subsection (a)(1)(I). (c) Supplement not supplant An eligible entity receiving a grant under subsection (b) shall use grant funds to supplement, and not supplant, any funds that would, in the absence of such grant funds, be made available from State and local sources for the activities described in subsection (b). 6. Reporting (a) Annual State reports An eligible entity that receives a grant under section 5 shall annually report on the effectiveness of the Native histories and cultures education program and activities carried out under the grant to the Director of the Institute of Education Sciences, which shall include, at a minimum the following: (1) The number of students served by grant activities. (2) The number of educators who participated in professional development funded by grant activities. (3) The number of educator preparation programs that provided training, and the number of educator candidates and school leaders who received training funded by grant activities. (4) The number of local educational agencies utilizing the base curriculum or a Native histories and cultures education program. (5) A description of the performance indicators and performance measures used to evaluate programs and activities with an emphasis on the academic and cultural needs of participating Native American students, including performance indicators and measures that— (A) are able to track student success and improvement over time; (B) include State assessment results and other indicators of student success and improvement, such as improved attendance during the school day, improved classroom grades, improved school climate and safety, and improved school discipline disparities; (C) for high school students, may include indicators such as graduation rates, grade point average, credits earned, postsecondary enrollment, and career readiness; or (D) reflect improved performance or student success in other ways. (6) Reporting on the effectiveness of the program, including the results of the performance indicators under paragraph (5), which shall include estimated impact on the student outcomes of participating Native students. Any performance or enrollment data disaggregation shall be done in a manner that protects the privacy of students. Such performance and enrollment data shall not be disaggregated in the case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. (7) A report or narrative from the Indian Tribe, Tribal organization, or Native Hawaiian education organization that is a part of the eligible entity regarding— (A) the estimated impact on students enrolled in the Indian Tribe or served by the Tribal organization or Native Hawaiian education organization; and (B) the estimated impact, if any, on students enrolled in the Indian Tribe or served by the Tribal organization or Native Hawaiian education organization in terms of culturally relevant methods of determining value and success. (8) Any feedback on the base curriculum developed under section 5(a)(1)(B). (b) Institute of education sciences report (1) In general The Director of the Institute of Education Sciences shall prepare and make publicly available a biennial report containing— (A) information on a national and statewide basis, that shall not include the personally identifiable information of students, educators, or other individuals, from the reports submitted under subsection (a) and that may include other information determined appropriate by the Director of the Institute of Education Sciences; (B) an evaluation of the effectiveness of the Native histories and cultures education programs, including the impact on student performance in general and student performance of Native American students in particular from, or informed by, the annual State reports described in subsection (a); and (C) any recommendations based on the evaluation of the Native histories and cultures education programs. (2) Reports to Congress The Director of the Institute of Education Sciences shall submit to the Committee on Indian Affairs of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Education and Labor of the House of Representatives, 1 year after the date of enactment of this Act and every 5 years thereafter, a report describing the impact of the program, as determined by the metrics collected under subsection (a). (c) National Museum of the American Indian report The Director of the Museum shall submit to the Committee on Indian Affairs of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Education and Labor of the House of Representatives— (1) not later than 6 months after the date of enactment of this Act, a brief status report describing the activities carried out under section 5(a)(1)(A); (2) not later than 18 months after the date of enactment of this Act, a report on the base curriculum developed under section 5 and a report on the Director of the Museum's development process and plan for dissemination of the base curriculum; and (3) every five years thereafter, a report describing efforts undertaken by the Director of the Museum to update the base curriculum as described in section 5(a)(1)(I). 7. National Museum of the American Indian Act The National Museum of the American Indian Act ( 20 U.S.C. 80q et seq. ) is amended— (1) in section 3(b)— (A) in paragraph (3), by striking and after the semicolon; (B) in paragraph (4), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (5) advance the study and awareness of Native American histories and cultures by providing educational resources to educators and schools. ; and (2) in section 6, by striking subsection (a)(1) and inserting the following: (1) a Director who, subject to the policies of the Board of Trustees— (A) shall manage the National Museum; and (B) enter into grants with Indian Tribes, Tribal organizations, Native Hawaiian education organizations, State educational agencies, and local educational agencies to further the purposes described in section 4 of the Native Histories and Cultures Education Act of 2022 and carry out the responsibilities described under such Act. . 8. Funding (a) Authorization of appropriations There are authorized to be appropriated— (1) $1,000,000 for the Museum to carry out the activities described in section 5(a) and to establish the administrative capabilities necessary to administer grants under section 5; and (2) $30,000,000 to award grants under section 5. (b) Donations, gifts, bequests, and devises of property The Director of the Museum is authorized to solicit, accept, hold, administer, invest, and use donated funds and gifts, bequests, and devises of property, both real and personal, to support the initiative under this Act.