Native American Languages Act
PL 101-477 (S.2167), enacted 10/30/1990

104 STAT. 1152 
PUBLIC LAW 101-477—OCT. 30, 1990 
Public Law 101-477 
101st Congress 
An Act 
Oct. 30, 1990 
To reauthorize the Tribally Controlled Community College Assistemce Act of 1978 
[S. 2167] 
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^ *^® Navajo Community College Act. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. TRIBALLY CONTROLLED COMMUNITY COLLEGES. 
(a) STUDENT COUNT.—(1) Section 108(aXl) of the Tribally Con-
trolled Community College Assistance Act of 1978 (25 U.S.C. 1808(a)) 
is amended to read as follows: 
"(1) the Indian student count at such college during the 
academic year preceding the academic year for which such 
funds are being made available, as determined by the Secretary 
in accordance with section 2(a)(7); and". 
(2) Section 108(bXl) of such Act is amended to read as follows: 
Grant programs. 
"(1) The Secretary shall make payments, pursuant to grants 
under this Act, of not less than 95 percent of the funds available 
for allotment by October 15 or no later than 14 days after 
appropriations become available, with a pa3nnent equal to the 
remainder of any grant to which a grantee is entitled to be 
made no later than January 1 of each fiscal year.". 
(3) The last subsection of section 108 of such Act, which is des-
ignated as subsection (c), is hereby designated as subsection (d). 
(b) AUTHORIZATIONS.—(1) Section llO(aXl) of such Act (25 U.S.C. 
1810(aXl)) is amended by deleting "1987, 1988, 1989, and 1990" and 
inserting in lieu thereof "1990 and 1991, and for fiscal year 1992, 
such sums as may be necessary". 
(2) Section 110(aX2) of such Act is amended by deleting "1987, 
1988, 1989, and 1990" and inserting in lieu thereof "1990 and 1991, 
and for fiscal year 1992, such sums as may be necessary". 
(3) Section 110(aX3) of such Act is amended by deleting "1987, 
1988, 1989, and 1990" and inserting in lieu thereof "1990, 1991, and 
1992". 
25 use 1811. 
(c) ALLOCATION.—(1) Section lll(aXlXA) of such Act is amended to 
read as follows: 
"(A) the Secretary shall first allocate to each such ap-
plicant which received funds under section 107 for the 
preceding fiscal year an amount equal to 95 percent of the 
payment received by such applicant under section 108;". 
(2) Section lll(aXlXBXii) of such Act is amended to read as follows: 
"(ii) the applicant's projected Indian student count 
for the academic year for which pa3anent is being 
made;", 
(d) ENDOWMENTS.—(1) Title III of the Tribally Controlled Commu-
nity College Assistance Act of 1978 (25 U.S.C. 1831 et seq.) is 
amended— 
25 use 1832. 
(A) by striking out "equal to" in section 302(bX2XB) and 
inserting in lieu thereof "(or of a value) equal to half of. 
49-139 O - 90 (47T) 
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PUBLIC LAW 101-477—OCT. 30, 1990 
104 STAT. 1153 
(B) by striking out "an equal amount of Federal capital 
contribution" in section 302(bX4) and inserting in lieu thereof 
"an amount of Federal capital contribution equal to twice the 
amount of (or value of) such withdrawal", 
(C) by adding at the end of section 304 the following: "Any 
real or personal property received by a tribally controlled 
community college as a donation or gift on or after the date of 
the enactment of this sentence may, to the extent of its fair 
market value as determined by the Secretary, be used by such 
college as its contribution pursuant to section 302(bX2XB), or as 
part of such contribution, as the case may be. In any case in 
which any such real or personal property so used is thereafter 
sold or otherwise disp<^ed of by such college, the proceeds 
therefrom shall be deposited pursuant to section 302(bX2XB) but 
shall not again be considered for Federal capital contribution 
purposes."; 
(D) by inserting "twice the value of the property or" after 
"equal to" in section 305 each place it appears, 
(E) by striking out "$350,000" in section 305(a) and inserting 
in lieu thereof "$750,000", and 
(F) by striking out "and 1990" in section 306(a) and inserting 
in lieu thereof "1990 and 1991, and for fiscal year 1992, 
$10,000,000". 
(2) The amendments made by paragraphs (A) through (E) of 
subsection (a) shall take effect October 1,1991. 
SEC. 2. NAVAJO COMMUNITY COLLEGE. 
(a) AUTHORIZATION.—Paragraph (1) of section 5(a) of the Navajo 
Community College Act (25 U.S.C. 640c-l) is amended by striking 
out "1987,1988,1989, and 1990" and inserting m lieu thereof "1990, 
1991, and 1992". 
(b) INVENTORY.—Section 4 of such Act (25 U.S.C. 640c) is amended 
by adding at the end thereof the following new subsection: 
"(c) No later than March 1991, an inventory prepared by the 
Navajo Community College identifying repairs, alterations, and ren-
ovations to facilities required to meet health and safety standards 
shall be submitted to the Secretary and appropriate committees of 
Congress. Within 60 days following the receipt of such inventory, the 
Secretary shall review the inventory, evaluating the needs identi-
fied, and transmit the written comments of the Department of the 
Interior to the appropriate committees of Congress, t(^ether with 
the Department's evaluation prepared by the health and safety 
division of the Bureau of Indian Affairs.". 
Real property 
acquisition. 
Gifts and 
property. 
25 u s e 1834. 
25 use 1835. 
25 u s e 1836. 
Effective date. 
25 u s e 1832 
note. 
TITLE I—NATIVE AMERICAN LANGUAGES ACT 
SHORT TITLE 
Native 
American 
Languages Act. 
SEC. 101. This title may be cited as the "Native American 25 use 2901 
Languages Act". 
note. 
FINDINGS 
SEC. 102. The Congress finds that— 
(1) the status of the cultures and languages of Native Ameri-
cans is unique and the United States has the responsibility to 
act together with Native Americans to ensure the survival of 
these unique cultures and languages; 
25 u s e 2901. 
104 STAT. 1154 
PUBLIC LAW 101-477—OCT. 30, 1990 
(2) special status is accorded Native Americans in the United 
States, a status that recognizes distinct cultural and political 
rights, including the right to continue separate identities; 
(3) the traditional languages of Native Americans are an 
integral part of their cultures and identities and form the basic 
medium for the transmission, and thus survival, of Native 
American cultures, literatures, histories, religions, political 
institutions, and values; 
(4) there is a widespread practice of treating Native Ameri-
cans languages as if they were anachronisms; 
(5) there is a lack of clear, comprehensive, and consistent 
Federal policy on treatment of Native American languages 
which has often resulted in acts of suppression and extermi-
nation of Native American languages and cultures; 
(6) there is convincing evidence that student achievement and 
performance, community and school pride, and educational 
opportunity is clearly and directly tied to respect for, and 
support of, the first language of the child or student; 
(7) it is clearly in the interests of the United States, individual 
States, and territories to encourage the full academic and 
human potential achievements of all students and citizens and 
to take steps to realize these ends; 
(8) acts of suppression and extermination directed against 
Native American languages and cultures are in conflict with 
the United States policy of self-determination for Native 
Americans; 
(9) languages are the means of communication for the full 
range of human experiences and are critical to the survival of 
cultural and political integrity of any people; and 
(10) language provides a direct and powerful means of promot-
ing international 
communication 
by 
people 
who 
share 
languages. 
DEFINITIONS 
25 use 2902. 
SEC. 103. For purposes of this title— 
(1) The term "Native American" means an Indian, Native 
Hawaiian, or Native American Pacific Islander. 
(2) The term "Indian" has the meaning given to such term 
under section 5351(4) of the Indian Education Act of 1988 (25 
U.S.C. 2651(4)). 
(3) The term "Native Hawaiian" has the meaning given to 
such term by section 4009 of Public Law 100-297 (20 U.S.C. 
4909). 
(4) The term "Native American Pacific Islander" means any 
descendent of the aboriginal people of any island in the Pacific 
Ocean that is a territory or possession of the United States. 
(5) The terms "Indian tribe" and "tribal organization" have 
the respective meaning given to each of such terms under 
section 4 of the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b). 
(6) The term "Native American language" means the histori-
cal, traditional languages spoken by Native Americsms. 
(7) The term "traditional leaders" includes Native Americans 
who have special expertise in Native American culture and 
Native American languages. 
PUBLIC LAW 101-477—OCT. 30, 1990 
104 STAT. 1155 
(8) The term "Indian reservation" has the same meaning 
given to the term "reservation" under section 3 of the Indian 
Financing Act of 1974 (25 U.S.C. 1452). 
DECLARATION OF POLICY 
SEC. 104. It is the policy of the United States to— 
25 use 2903. 
(1) preserve, protect, and promote the rights and freedom of 
Native Americans to use, practice, and develop Native Amer-
ican languages; 
(2) allow exceptions to teacher certification requirements for 
Federal programs, and programs funded in whole or in part by 
the Federal Government, for instruction in Native American 
languages when such teacher certification requirements hinder 
the employment of qualified teachers who teach in Native 
American languages, and to encourage State and territorial 
governments to make similar exceptions; 
(3) encourage and support the use of Native American lan-
guages as a medium of instruction in order to encourage and 
support— 
(A) Native American language survival, 
(B) educational opportunity, 
(C) increased student success and performance, 
(D) increased student awareness and knowledge of their 
culture and history, and 
(E) increased student and community pride; 
(4) encourage State and local education programs to work 
with Native American parents, educators, Indian tribes, and 
other Native American governing bodies in the implementation 
of programs to put this policy into effect; 
(5) recognize the right of Indian tribes and other Native 
American governing bodies to use the Native American lan-
guages as a medium of instruction in all schools funded by the 
Secretary of the Interior; 
(6) fully recognize the inherent right of Indian tribes and 
other Native American governing bodies, States, territories, and 
possessions of the United States to take action on, and give 
official status to, their Native American languages for the 
purpose of conducting their own business; 
(7) support the granting of comparable proficiency achieved 
through course work in a Native American language the same 
academic credit as comparable proficiency achieved through 
course work in a foreign language, with recognition of such 
Native American language proficiency by institutions of higher 
education as fulfilling foreign language entrance or degree 
requirements; and 
(8) encourage all institutions of elementary, secondary and 
higher education, where appropriate, to include Native Amer-
ican languages in the curriculum in the same manner as foreign 
languages and to grant proficiency in Native American lan-
guages the same full academic credit as proficiency in foreign 
languages. 
NO RESTRICTIONS 
SEC. 105. The right of Native Americans to express themselves 25 USC 2904. 
through the use of Native American languages shall not be re-
104 STAT. 1156 
PUBLIC LAW 101-477—OCT. 30, 1990 
stricted in any public proceeding, including publicly supported edu-
cation programs. 
EVALUATIONS 
President. 
SEC. 106. (a) The President shall direct the heads of the various 
25 use 2905. 
Federal departments, agencies, and instrumentalities to— 
(1) evaluate their policies and procedures in consultation with 
Indian tribes and other Native American governing bodies as 
well as traditional leaders and educators in order to determine 
and implement changes needed to bring the policies and proce-
dures into compliance with the provisions of this title; 
(2) give the greatest effect possible in making such evalua-
tions, absent a clear specific Federal statutory -equirement to 
the contrary, to the policies and procedures which will give the 
broadest effect to the provisions of this title; and 
(3) evaluate the laws which they administer and make rec-
ommendations to the President on amendments needed to bring 
such laws into compliance with the provisions of this title. 
Reports. 
(b) By no later than the date that is 1 year after the date of 
enactment of this title, the President shall submit to the Congress a 
report containing recommendations for amendments to Federal 
laws that are needed to bring such laws into compliance with the 
provisions of this title. 
USE OF ENGUSH 
25 use 2906. 
SEC. 107. Nothing in this title shall be construed as precluding the 
use of Federal funds to teach English to Native Americans. 
Approved October 30, 1990. 
LEGISLATIVE HISTORY—S. 2167 (H.R. 5040): 
SENATE REPORTS: No. 101-371 (Select Comm. on Indian Affairs). 
eONGRESSIONAL REeORD, Vol. 136 (1990): 
July 23, H.R. 5040 considered and passed House. 
July 30, considered and passed Senate, amended. 
Oct. 11, S. 2167 considered and passed Senate. 
Oct. 12, considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOOUMENTS, Vol. 26 (1990): 
Oct. 30, Presidential statement.