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25 USC CHAPTER 31 - NATIVE AMERICAN LANGUAGES 01/06/03

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TITLE 25 - INDIANS

CHAPTER 31 - NATIVE AMERICAN LANGUAGES

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CHAPTER 31 - NATIVE AMERICAN LANGUAGES

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Sec.

2901. Findings.

2902. Definitions.

2903. Declaration of policy.

2904. No restrictions.

2905. Evaluations.

2906. Use of English.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 20 section 7512.

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25 USC Sec. 2901 01/06/03

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TITLE 25 - INDIANS

CHAPTER 31 - NATIVE AMERICAN LANGUAGES

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Sec. 2901. Findings

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The Congress finds that -

(1) the status of the cultures and languages of Native

Americans 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;

(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 Americans

(!1) 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 extermination 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 promoting

international communication by people who share languages.

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(Pub. L. 101-477, title I, Sec. 102, Oct. 30, 1990, 104 Stat.

1153.)

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SHORT TITLE

Section 101 of title I of Pub. L. 101-477 provided that: "This

title [enacting this chapter] may be cited as the 'Native American

Languages Act'."

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 20 section 7801.

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(!1) So in original. Probably should be "American".

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25 USC Sec. 2902 01/06/03

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TITLE 25 - INDIANS

CHAPTER 31 - NATIVE AMERICAN LANGUAGES

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Sec. 2902. Definitions

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For purposes of this chapter -

(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 7491(3) of title 20.

(3) The term "Native Hawaiian" has the meaning given to such

term by section 7517 of title 20.

(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 450b

of this title.

(6) The term "Native American language" means the historical,

traditional languages spoken by Native Americans.

(7) The term "traditional leaders" includes Native Americans

who have special expertise in Native American culture and Native

American languages.

(8) The term "Indian reservation" has the same meaning given to

the term "reservation" under section 1452 of this title.

-SOURCE-

(Pub. L. 101-477, title I, Sec. 103, Oct. 30, 1990, 104 Stat. 1154;

Pub. L. 104-109, Sec. 11, Feb. 12, 1996, 110 Stat. 765; Pub. L.

107-110, title VII, Sec. 702(f), Jan. 8, 2002, 115 Stat. 1947.)

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AMENDMENTS

2002 - Par. (2). Pub. L. 107-110, Sec. 702(f)(1), substituted

"section 7491(3) of title 20" for "section 7881(4) of title 20".

Par. (3). Pub. L. 107-110, Sec. 702(f)(2), substituted "section

7517 of title 20" for "section 7912(1) of title 20".

1996 - Par. (2). Pub. L. 104-109, Sec. 11(1), substituted

"section 7881(4) of title 20" for "section 2651(4) of this title".

Par. (3). Pub. L. 104-109, Sec. 11(2), substituted "section

7912(1) of title 20" for "section 4909 of title 20".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of Title 20, Education.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 20 section 7011.

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25 USC Sec. 2903 01/06/03

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TITLE 25 - INDIANS

CHAPTER 31 - NATIVE AMERICAN LANGUAGES

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Sec. 2903. Declaration of policy

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It is the policy of the United States to -

(1) preserve, protect, and promote the rights and freedom of

Native Americans to use, practice, and develop Native American

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 languages

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 languages 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 American

languages in the curriculum in the same manner as foreign

languages and to grant proficiency in Native American languages

the same full academic credit as proficiency in foreign

languages.

-SOURCE-

(Pub. L. 101-477, title I, Sec. 104, Oct. 30, 1990, 104 Stat.

1155.)

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25 USC Sec. 2904 01/06/03

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TITLE 25 - INDIANS

CHAPTER 31 - NATIVE AMERICAN LANGUAGES

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Sec. 2904. No restrictions

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The right of Native Americans to express themselves through the

use of Native American languages shall not be restricted in any

public proceeding, including publicly supported education programs.

-SOURCE-

(Pub. L. 101-477, title I, Sec. 105, Oct. 30, 1990, 104 Stat.

1155.)

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25 USC Sec. 2905 01/06/03

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TITLE 25 - INDIANS

CHAPTER 31 - NATIVE AMERICAN LANGUAGES

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Sec. 2905. Evaluations

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(a) The President shall direct the heads of the various 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 procedures

into compliance with the provisions of this chapter;

(2) give the greatest effect possible in making such

evaluations, absent a clear specific Federal statutory

requirement to the contrary, to the policies and procedures which

will give the broadest effect to the provisions of this chapter;

and

(3) evaluate the laws which they administer and make

recommendations to the President on amendments needed to bring

such laws into compliance with the provisions of this chapter.

(b) By no later than the date that is 1 year after October 30,

1990, 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 chapter.

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(Pub. L. 101-477, title I, Sec. 106, Oct. 30, 1990, 104 Stat.

1156.)

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25 USC Sec. 2906 01/06/03

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TITLE 25 - INDIANS

CHAPTER 31 - NATIVE AMERICAN LANGUAGES

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Sec. 2906. Use of English

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Nothing in this chapter shall be construed as precluding the use

of Federal funds to teach English to Native Americans.

-SOURCE-

(Pub. L. 101-477, title I, Sec. 107, Oct. 30, 1990, 104 Stat.

1156.)

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