Esther Martinez Native American Languages Preservation Act of 2006
PL 109-394 (H.R.4766), enacted 12/14/2006

120 STAT. 2705
PUBLIC LAW 109–394—DEC. 14, 2006
Public Law 109–394
109th Congress
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. ORT 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 site-
based 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 Amer-
ican languages for at least 15 students for whom a
Native American language survival school is their prin-
cipal place of instruction;
‘‘(ii) develop instructional courses and materials
for learning Native American languages and for
instruction through the use of Native American lan-
guages;
42 USC 2991
note.
Esther Martinez
Native American
Languages
Preservation Act
of 2006.
Dec. 14, 2006
[H.R. 4766]
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120 STAT. 2706
PUBLIC LAW 109–394—DEC. 14, 2006
‘‘(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 pro-
grams;
‘‘(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 Amer-
ican language; and
‘‘(vi) may use funds received under this section
for—
‘‘(I) Native American language programs, such
as Native American language immersion pro-
grams, Native American language and culture
camps, Native American language programs pro-
vided in coordination and cooperation with edu-
cational entities, Native American language pro-
grams provided in coordination and cooperation
with local universities and colleges, Native Amer-
ican language programs that use a master-appren-
tice model of learning languages, and Native Amer-
ican 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 lan-
guage 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) 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,
Certification.
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120 STAT. 2707
PUBLIC LAW 109–394—DEC. 14, 2006
LEGISLATIVE HISTORY—H.R. 4766:
CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 27, considered and passed House.
Dec. 6, considered and passed Senate.
or any other educational program in which instruction is con-
ducted 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 para-
graphs (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’’.
Approved December 14, 2006.
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