
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2991b-3]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 34--ECONOMIC OPPORTUNITY PROGRAM
 
                SUBCHAPTER VIII--NATIVE AMERICAN PROGRAMS
 
Sec. 2991b-3. Grant program to ensure survival and continuing 
        vitality of Native American languages
        

(a) Authority to award grants

    The Secretary shall award a grant to any agency or organization that 
is--
        (1) eligible for financial assistance under section 2991b(a) of 
    this title; and
        (2) selected under subsection (c) of this section;

to be used to assist Native Americans in ensuring the survival and 
continuing vitality of Native American languages.

(b) Purposes for which grants may be used

    The purposes for which each grant awarded under subsection (a) of 
this section may be used include, but are not limited to--
        (1) 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;
        (2) 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;
        (3) the development, printing, and dissemination of materials to 
    be used for the teaching and enhancement of a Native American 
    language;
        (4) 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;
        (5) the compilation, transcription, and analysis of oral 
    testimony to record and preserve a Native American language; and
        (6) the purchase of equipment (including audio and video 
    recording equipment, computers, and software) required to conduct a 
    Native American language project.

(c) Applications

    For the purpose of making grants under subsection (a) of this 
section, 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--
        (1) 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) of this section is requested, including a 
    description of existing programs and projects, if any, in support of 
    such language;
        (2) a detailed description of the project for which such grant 
    is requested;
        (3) a statement of objectives that are consonant with the 
    purpose described in subsection (a) of this section;
        (4) 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;
        (5) if appropriate, an identification of opportunities for the 
    replication of such project or the modification of such project for 
    use by other Native Americans; and
        (6) 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.

(d) Participating organizations

    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) of this section.

(e) Limitations on funding

                              (1) Share

        Notwithstanding any other provision of this subchapter, a grant 
    made under subsection (a) of this section 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--
            (A) shall be in cash or in kind, fairly evaluated, including 
        plant, equipment, or services; and
            (B)(i) may be provided from any private or non-Federal 
        source; and
            (ii) may include funds (including interest) distributed to a 
        tribe--
                (I) by the Federal Government pursuant to the 
            satisfaction of a claim made under Federal law;
                (II) from funds collected and administered by the 
            Federal Government on behalf of such tribe or its 
            constituent members; or
                (III) 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.) or tribal budget priority system.

                            (2) Duration

        The Secretary may make grants made under subsection (a) of this 
    section on a 1-year, 2-year, or 3-year basis.

(f) Administration

    (1) The Secretary shall carry out this section through the 
Administration for Native Americans.
    (2)(A) 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--
        (i) applications submitted under subsection (a) of this section;
        (ii) evaluations carried out to comply with subsection (c)(4) of 
    this section; and
        (iii) the preservation of products required by subsection (c)(5) 
    of this section.

    (B) Such panel shall include, but not be limited to--
        (i) a designee of the Institute of American Indian and Alaska 
    Native Culture and Arts Development;
        (ii) a designee of the regional centers funded under section 
    3215 \1\ of title 20;
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    \1\ See References in Text note below.
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        (iii) representatives of national, tribal, and regional 
    organizations that focus on Native American language, or Native 
    American cultural,\2\ research, development, or training; and
---------------------------------------------------------------------------
    \2\ So in original. The comma probably should not appear.
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        (iv) 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.
    (C) The duties of such panel include--
        (i) making recommendations regarding the development and 
    implementation of regulations, policies, procedures, and rules of 
    general applicability with respect to the administration of this 
    section;
        (ii) reviewing applications received under subsection (c) of 
    this section;
        (iii) providing to the Secretary a list of recommendations for 
    the approval of such applications--
            (I) in accordance with regulations issued by the Secretary; 
        and
            (II) the relative need for the project; and

        (iv) reviewing evaluations submitted to comply with subsection 
    (c)(4) of this section.

    (D)(i) Subject to clause (ii), a copy of the products of the Native 
American language project for which a grant is made under subsection (a) 
of this section--
        (I) shall be transmitted to the Institute of American Indian and 
    Alaska Native Culture and Arts Development; and
        (II) 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.
    (ii) 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--
        (I) not to transmit copies of such products under clause (i) or 
    not to permit the redistribution of such copies; or
        (II) to restrict in any manner the use or redistribution of such 
    copies after transmission under such clause.

    (iii) Clause (ii) shall not be construed to authorize Indian 
tribes--
        (I) to limit the access of the Secretary to such products for 
    purposes of administering this section or evaluating such products; 
    or
        (II) to sell such products, or copies of such products, for 
    profit to the entities referred to in clause (i).

(Pub. L. 88-452, title VIII, Sec. 803C, as added Pub. L. 102-524, 
Sec. 2, Oct. 26, 1992, 106 Stat. 3434.)

                       References in Text

    The Indian Self-Determination Act, referred to in subsec. 
(e)(1)(B)(ii)(III), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 
2206, as amended, which is classified principally to part A (Sec. 450f 
et seq.) of subchapter II of chapter 14 of Title 25, Indians. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 450 of Title 25 and Tables.
    Section 3215 of title 20, referred to in subsec. (f)(2)(B)(ii), was 
in the original a reference to section 5135 of the Elementary and 
Secondary Education Act of 1965, Pub. L. 89-10. Section 5135 of that Act 
was omitted in the general amendment of Pub. L. 89-10 by Pub. L. 103-
382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3519.

                  Section Referred to in Other Sections

    This section is referred to in section 2992d of this title.
