42 U.S.C. § 2991b–3 — Grant program to ensure survival and continuing vitality of Native American languages
submitted 34 years ago by Pub. L. 88-452 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,764 words · no verdicts yet
The Secretary must award grants to eligible agencies and organizations for projects that help Native American languages survive and remain strong. This section lists allowable purposes, application requirements, funding limits, administration rules, and emergency grants during and after the COVID-19 public health emergency.
(a) Authority to award grants
The Secretary* must award a grant to an agency or organization that is eligible for financial assistance under section 2991b(a) and selected under subsection (c). The grant must help Native Americans ensure the survival and continuing vitality of Native American languages.
(b) Purposes for which grants may be used
A grant may be used, among other purposes, for:
(1) Starting or supporting a community Native American language project* that brings older and younger Native Americans together to encourage transfer of language skills between generations.
(2) Training Native Americans to teach a Native American language or to be interpreters or translators of it.
(3) Developing, printing, and distributing materials for teaching and improving a Native American language.
(4) Starting or supporting a project that trains Native Americans to produce or participate in a television or radio program broadcast in a Native American language.
(5) Collecting, transcribing, and analyzing oral testimony to record and preserve a Native American language.
(6) Buying equipment needed for a Native American language project, including audio and video recording equipment, computers, and software.
(7) The grant may also support:
(A) Native American language nests: site-based educational programs that (i) provide instruction and child care using a Native American language for at least 5 children under age 7, averaging at least 500 hours per student per year; (ii) provide Native American language classes for parents or legal guardians of enrolled students, including parents who speak a Native American language; and (iii) make a Native American language the main language of instruction.
(B) Native American language survival schools: site-based educational programs for school-age students that (i) provide an average of at least 500 hours of instruction through one or more Native American languages for at least 10 students for whom the school is the principal place of instruction; (ii) develop courses and materials for learning Native American languages and for instruction through those languages; (iii) provide teacher training; (iv) work toward all students achieving fluency in a Native American language and academic proficiency in mathematics, reading or language arts, and science; and (v) are in areas with high numbers or percentages of Native American students.
(C) Native American language restoration programs: educational programs that (i) operate at least one Native American language program for the community served; (ii) train Native American language teachers; (iii) develop instructional materials; (iv) work toward increasing proficiency and fluency in at least one Native American language; (v) provide instruction in at least one Native American language; and (vi) may use funds for:
(I) Native American language programs, including immersion programs, language and culture camps, programs coordinated with educational entities or local universities and colleges, master-apprentice programs, and regional programs for geographically dispersed students;
(II) teacher-training programs, including translation training for fluent speakers, training for Native American language teachers, and training for school teachers to use Native American language materials, tools, and interactive media; and
(III) materials such as books, audio and visual tools, and interactive media programs.
(c) Applications
The Secretary must select applicants from the eligible agencies and organizations described in subsection (a), based on applications submitted at the time, in the form, and with the information the Secretary requires. Every application must include at least:
(1) A detailed description of the current status of the language addressed, including existing supporting programs and projects, if any.
(2) A detailed description of the proposed project.
(3) Objectives consistent with subsection (a).
(4) A detailed plan for evaluating the project, consistent with the grant’s purpose.
(5) If appropriate, opportunities to copy or modify the project for other Native Americans.
(6) A plan to preserve the project’s products for future generations of Native Americans and other interested people.
(7) For an application for a purpose in subsection (b)(7)(B), a certification that the applicant has at least 3 years of experience operating and administering a Native American language survival school, language nest, or another educational program in which instruction is conducted in a Native American language.
(d) Participating organizations
If a Tribal organization or other eligible applicant decides its project would work better through a partnership with a school, college, or university, it must identify that institution as a participating organization in its application.
(e) Limitations on funding
(1) Share. A grant may not pay more than 80 percent of the assisted project’s cost. At least 20 percent must be cash or fairly valued in-kind support, including plant, equipment, or services. It may come from any private or non-Federal source. It may include money, including interest, distributed to a Tribe (I) by the Federal Government to satisfy a Federal-law claim; (II) from money the Federal Government collected and administers for the Tribe or its members; or (III) by the Federal Government for general Tribal administration or development under a formula or Tribal budgeting priority system, including money for land or other judgment settlements, severance or other royalties, or payments under the Indian Self-Determination Act (25 U.S.C. 450f et seq.) or a Tribal budget priority system.
(2) Duration. Grants may last 1, 2, 3, 4, or 5 years. Grants for purposes in subsection (b)(7) may last only 3, 4, or 5 years.
(f) Administration
(1) The Secretary must carry out this section through the Administration for Native Americans.
(2)(A) Within 180 days after October 26, 1992, the Secretary must appoint an expert panel to help review applications under subsection (a), evaluations under subsection (c)(4), and preservation of products required by subsection (c)(5).
(B) The panel must include, among others, a designee of the Institute of American Indian and Alaska Native Culture and Arts Development; a designee of the regional centers funded under section 3215 of title 20; representatives of national, Tribal, and regional organizations focused on Native American language or Native American cultural research, development, or training; and other people recognized as Native American language experts. Indian Tribes and Tribal organizations must be asked for recommendations.
(C) The panel must recommend regulations, policies, procedures, and generally applicable rules for administering this section; review subsection (c) applications; give the Secretary application-approval recommendations under the Secretary’s regulations and based on relative need; and review subsection (c)(4) evaluations.
(D)(i) Subject to clause (ii), a copy of products from a funded project must be sent to the Institute of American Indian and Alaska Native Culture and Arts Development. The grantee may also send copies to national and regional repositories of similar material, for preservation and use consistent with their responsibilities under other Federal law.
(ii) Because Indian Tribes have federally recognized sovereign authority over their cultures and languages, and except as clause (iii) provides, a Tribe may decide not to send copies or not to permit redistribution, or may restrict their use or redistribution after transmission.
(iii) Clause (ii) does not authorize a Tribe to limit the Secretary’s access for administering or evaluating this section, or to sell the products or copies for profit to the entities in clause (i).
(g) Emergency grants for Native American language preservation and maintenance
Within 180 days after this subsection’s effective date, the Secretary must award grants to entities eligible under subsection (a)(1) to ensure the survival and continuing vitality of Native American languages during and after the public health emergency declared by the Secretary under section 247d concerning the COVID-19 pandemic.
The Secretary* shall award a grant to any agency or organization that is—
eligible for financial assistance under section 2991b(a) of this title; and
selected under subsection (c);
to be used to assist Native Americans in ensuring the survival and continuing vitality of Native American languages.
The purposes for which each grant awarded under subsection (a) may be used include, but are not limited to—
the establishment and support of a community Native American language project* to bring older and younger Native Americans together to facilitate and encourage the transfer of Native American language skills from one generation to another;
the establishment of a project to train Native Americans to teach a Native American language to others or to enable them to serve as interpreters or translators of such language;
the development, printing, and dissemination of materials to be used for the teaching and enhancement of a Native American language;
the establishment or support of a project to train Native Americans to produce or participate in a television or radio program to be broadcast in a Native American language;
the compilation, transcription, and analysis of oral testimony to record and preserve a Native American language;
the purchase of equipment (including audio and video recording equipment, computers, and software) required to conduct a Native American language project; and
Native American language nests, which are site-based educational programs that—
provide instruction and child care through the use of a Native American language for at least 5 children under the age of 7 for an average of at least 500 hours per year per student;
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
ensure that a Native American language is the dominant medium of instruction in the Native American language nest;
Native American language survival schools, which are site-based educational programs for school-age students that—
provide an average of at least 500 hours of instruction through the use of 1 or more Native American languages for at least 10 students for whom a Native American language survival school is their principal place of instruction;
develop instructional courses and materials for learning Native American languages and for instruction through the use of Native American languages;
provide for teacher training;
work toward a goal of all students achieving—
fluency in a Native American language; and
academic proficiency in mathematics, reading (or language arts), and science; and
are located in areas that have high numbers or percentages of Native American students; and
Native American language restoration programs, which are educational programs that—
operate at least 1 Native American language program for the community in which it serves;
provide training programs for teachers of Native American languages;
develop instructional materials for the programs;
work toward a goal of increasing proficiency and fluency in at least 1 Native American language;
provide instruction in at least 1 Native American language; and
may use funds received under this section for—
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;
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
the development of Native American language materials, such as books, audio and visual tools, and interactive media programs.
For the purpose of making grants under subsection (a), the Secretary shall select applicants from among agencies and organizations described in such subsection on the basis of applications submitted to the Secretary at such time, in such form, and containing such information as the Secretary shall require, but each application shall include at a minimum—
a detailed description of the current status of the Native American language to be addressed by the project for which a grant under subsection (a) is requested, including a description of existing programs and projects, if any, in support of such language;
a detailed description of the project for which such grant is requested;
a statement of objectives that are consonant with the purpose described in subsection (a);
a detailed description of a plan to be carried out by the applicant to evaluate such project, consonant with the purpose for which such grant is made;
if appropriate, an identification of opportunities for the replication of such project or the modification of such project for use by other Native Americans;
a plan for the preservation of the products of the Native American language project for the benefit of future generations of Native Americans and other interested persons; and
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.
If a Tribal organization or other eligible applicant decides that the objectives of its proposed Native American language project would be accomplished more effectively through a partnership arrangement with a school, college, or university, the applicant shall identify such school, college, or university as a participating organization in the application submitted under subsection (c).
Notwithstanding any other provision of this subchapter, a grant made under subsection (a) may not be expended to pay more than 80 percent of the cost of the project that is assisted by such grant. Not less than 20 percent of such cost—
shall be in cash or in kind, fairly evaluated, including plant, equipment, or services; and
may be provided from any private or non-Federal source; and
may include funds (including interest) distributed to a Tribe—
by the Federal Government pursuant to the satisfaction of a claim made under Federal law;
from funds collected and administered by the Federal Government on behalf of such Tribe or its constituent members; or
by the Federal Government for general Tribal administration or Tribal development under a formula or subject to a Tribal budgeting priority system, such as, but not limited to, funds involved in the settlement of land or other judgment claims, severance or other royalty payments, or payments under the Indian Self-Determination Act (25 U.S.C. 450f et seq.) 1 or Tribal budget priority system.
The Secretary may make grants made under subsection (a) on a 1-year, 2-year, 3-year, 4-year, or 5-year basis, except that grants made under such subsection for any purpose specified in subsection (b)(7) may be made only on a 3-year, 4-year, or 5-year basis.
The Secretary shall carry out this section through the Administration for Native Americans.
Not later than 180 days after October 26, 1992, the Secretary shall appoint a panel of experts for the purpose of assisting the Secretary to review—
applications submitted under subsection (a);
evaluations carried out to comply with subsection (c)(4); and
the preservation of products required by subsection (c)(5).
Such panel shall include, but not be limited to—
a designee of the Institute of American Indian and Alaska Native Culture and Arts Development;
a designee of the regional centers funded under section 3215 1 of title 20;
representatives of national, Tribal, and regional organizations that focus on Native American language, or Native American cultural,2 research, development, or training; and
other individuals who are recognized for their expertise in the area of Native American language.
Recommendations for appointment to such panel shall be solicited from Indian Tribes and Tribal organizations.
The duties of such panel include—
making recommendations regarding the development and implementation of regulations, policies, procedures, and rules of general applicability with respect to the administration of this section;
reviewing applications received under subsection (c);
providing to the Secretary a list of recommendations for the approval of such applications—
in accordance with regulations issued by the Secretary; and
the relative need for the project; and
reviewing evaluations submitted to comply with subsection (c)(4).
Subject to clause (ii), a copy of the products of the Native American language project for which a grant is made under subsection (a)—
shall be transmitted to the Institute of American Indian and Alaska Native Culture and Arts Development; and
may be transmitted, in the discretion of the grantee, to national and regional repositories of similar material;
for preservation and use consonant with their respective responsibilities under other Federal law.
Based on the Federal recognition of the sovereign authority of Indian Tribes over all aspects of their cultures and language and except as provided in clause (iii), an Indian Tribe may make a determination—
not to transmit copies of such products under clause (i) or not to permit the redistribution of such copies; or
to restrict in any manner the use or redistribution of such copies after transmission under such clause.
Clause (ii) shall not be construed to authorize Indian Tribes—
to limit the access of the Secretary to such products for purposes of administering this section or evaluating such products; or
to sell such products, or copies of such products, for profit to the entities referred to in clause (i).
Not later than 180 days after the effective date of this subsection, the Secretary shall award grants to entities eligible to receive assistance under subsection (a)(1) to ensure the survival and continuing vitality of Native American languages during and after the public health emergency declared by the Secretary pursuant to section 247d of this title with respect to the COVID–19 pandemic.
Source credit: (Pub. L. 88–452, title VIII, § 803C, as added Pub. L. 102–524, § 2, Oct. 26, 1992, 106 Stat. 3434; amended Pub. L. 109–394, § 2, Dec. 14, 2006, 120 Stat. 2705; Pub. L. 116–101, § 2, Dec. 20, 2019, 133 Stat. 3261; Pub. L. 116–261, § 5(d), Dec. 30, 2020, 134 Stat. 3314; Pub. L. 117–2, title XI, § 11004(b), Mar. 11, 2021, 135 Stat. 244.)
- 1992Enacted · Pub. L. 88-452 · 106 Stat. 3434
- 2006Amended · Pub. L. 109-394 · 120 Stat. 2705
- 2019Amended · Pub. L. 116-101 · 133 Stat. 3261
- 2020Amended · Pub. L. 116-261 · 134 Stat. 3314
- 2021Amended · Pub. L. 117-2 · 135 Stat. 244
A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-452 on 1992-10-26.
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