Text: H.R.4766 — 109th Congress (2005-2006)

12/14/2006 Became Public Law No: 109-394

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[Congressional Bills 109th Congress]
[From the U.S. Government Printing Office]
[H.R. 4766 Enrolled Bill (ENR)]

        H.R.4766

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 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. SHORT 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 American 
            languages for at least 15 students for whom a Native 
            American language survival school is their principal place 
            of instruction;
                ``(ii) develop instructional courses and materials for 
            learning Native American languages and for instruction 
            through the use of Native American languages;
                ``(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 
            programs;
                ``(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 American 
            language; and
                ``(vi) may use funds received under this section for--

                    ``(I) Native American language programs, such as 
                Native American language immersion programs, Native 
                American language and culture camps, Native American 
                language programs provided in coordination and 
                cooperation with educational entities, Native American 
                language programs provided in coordination and 
                cooperation with local universities and colleges, 
                Native American language programs that use a master-
                apprentice model of learning languages, and Native 
                American 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 language 
                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) in 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, or any 
    other educational program in which instruction is conducted 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 paragraphs 
    (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''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.