42 U.S.C. § 2991b-3 : US Code - Section 2991B-3: Grant program to ensure survival and continuing vitality of Native American languages

Search 42 U.S.C. § 2991b-3 : US Code - Section 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;
(iii) representatives of national, tribal, and regional
organizations that focus on Native American language, or Native
American cultural,(!2) research, development, or training; and
(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).