Native American Language Preservation Act

Native American Language Preservation Act
Title	Native American Language Preservation Act
Enacted by	United States Congress
Enacted	1996
Public law	Public Law 104-297
Signed by	Bill Clinton
Date signed	October 4, 1996
Related legislation	Indian Self-Determination and Education Assistance Act, Elementary and Secondary Education Act, Native American Languages Act of 1990

Native American Language Preservation Act The Native American Language Preservation Act is a United States federal statute enacted during the 104th United States Congress and signed by President Bill Clinton that created initiatives for revitalization of Indigenous languages among Native American communities. The act established grant programs, reporting requirements, and coordination with tribal entities such as the Bureau of Indian Affairs and the Department of Education. It followed earlier policy developments including the Native American Languages Act of 1990 and interacted with existing statutes like the Indian Self-Determination and Education Assistance Act and the No Child Left Behind Act.

Background and Legislative History

The statute arose from advocacy by tribal leaders including representatives from the Navajo Nation, Hopi Tribe, Cherokee Nation, Choctaw Nation, and Lakota communities, and from testimony before committees such as the United States Senate Committee on Indian Affairs and the United States House Committee on Resources. Legislative sponsors included members of the United States Senate and United States House of Representatives from states with large Indigenous populations like Alaska, Arizona, Oklahoma, and New Mexico. The passage followed settlements and litigation trends exemplified by cases involving the Bureau of Indian Education and policy shifts after the Indian Child Welfare Act debates. Early drafts reflected input from institutions such as the Smithsonian Institution's National Museum of the American Indian, the Haskell Indian Nations University, and tribal colleges within the American Indian Higher Education Consortium.

Provisions and Funding Mechanisms

The act authorized competitive grants and cooperative agreements administered through agencies including the Department of Education, the Bureau of Indian Affairs, and later programs coordinated with the National Endowment for the Humanities and the National Science Foundation for documentation, curriculum development, and teacher training. Funding streams were designed to support immersion schools like the Navajo Nation Immersion School, language nests modeled after programs in the Alaska Native Language Center, and community-based revitalization projects in locations such as Pine Ridge Reservation and Tohono Oʼodham Nation communities. It specified eligible activities such as lexicography, creation of language materials, development of proficiency assessments recognized by agencies including the Office of Special Education Programs and the Institute of Education Sciences. Appropriations were subject to annual action by the United States Congress and oversight by the Government Accountability Office.

Implementation and Administration

Implementation involved partnerships among tribal governments like the Oneida Nation, educational bodies such as the Department of Education's Office of Indian Education, and cultural institutions including the Library of Congress's American Folklife Center. Administration required coordination with regional offices of the Bureau of Indian Affairs and tribal education departments at entities such as the Red Lake Nation and Blackfeet Nation. Technical assistance was provided by universities with Indigenous studies programs, for example University of Alaska Fairbanks, University of New Mexico, University of Arizona, and University of California, Berkeley's linguistics departments. Program evaluation drew on standards from organizations such as the National Indian Education Association and reporting to congressional committees like the Senate Committee on Indian Affairs.

Impact on Tribal Sovereignty and Education

The act has been cited in tribal assertions of authority over curriculum and language policy by nations such as the Cherokee Nation, Yakama Nation, and Choctaw Nation of Oklahoma. It influenced the development of immersion education at schools like Salish Kootenai College and informed policy decisions by tribes participating in compacting under the Indian Self-Determination and Education Assistance Act. Scholars from institutions including Harvard University, Yale University, and University of Minnesota have analyzed its role in strengthening cultural continuity, often referencing case studies from the Hawaiian language revitalization movement and comparisons with programs supported by the Canadian First Nations Language Strategy.

Criticisms and Legal Challenges

Critics, including tribal advocates and civil liberties organizations such as the American Civil Liberties Union, have argued that funding levels and administrative requirements created constraints that mirrored federal paternalism seen in earlier eras like the Termination policy debates. Litigation involving allocation disputes has arisen in venues such as the United States District Court for the District of Columbia and the Tenth Circuit Court of Appeals over compliance with statutes like the Administrative Procedure Act and claims invoking tribal sovereign immunity upheld by the Supreme Court of the United States in cases addressing Indian law. Law professors from Columbia Law School and Stanford Law School have critiqued statutory language for ambiguous delegation between federal agencies and tribal authorities.

Related Programs and Amendments

Subsequent initiatives and amendments connected to the act include appropriations under the Native Language Preservation and Maintenance Program, legislative updates coordinated with the Every Student Succeeds Act, and cooperative grants from the National Park Service's tribal programs. Related programs at tribal, state, and federal levels include efforts by the Alaska Native Language Center, the Ojibwe Language Program, the Office of Hawaiian Affairs, and international collaborations with organizations such as the United Nations Permanent Forum on Indigenous Issues and the Permanent Council of Latin American and Caribbean Indigenous Peoples.

Category:United States federal legislation Category:Native American history Category:Language revitalization