25 U.S.C. § 2901 — Findings

Page 526 TITLE 25—INDIANS § 2814 1 So in original. Probably should be ‘‘American’’. (b) Approval (1) In general The Director concerned shall approve a re- quest or subpoena under subsection (a) if the request or subpoena does not violate the pol- icy of the Department to maintain impar- tiality. (2) Failure to approve If the Director concerned fails to approve or disapprove a request or subpoena for testi- mony or release of a document by the date that is 30 days after the date of receipt of no- tice of the request or subpoena, the request or subpoena shall be considered to be approved for purposes of this section. (Pub. L. 101–379, § 16, as added Pub. L. 111–211, title II, § 263, July 29, 2010, 124 Stat. 2300.) § 2814. Policies and protocol The Director of the Indian Health Service, in coordination with the Director of the Office of Justice Services and the Director of the Office on Violence Against Women of the Department of Justice, in consultation with Indian Tribes and Tribal Organizations, and in conference with Urban Indian Organizations, shall develop standardized sexual assault policies and protocol for the facilities of the Service, based on similar protocol that has been established by the De- partment of Justice. (Pub. L. 101–379, § 17, as added Pub. L. 111–211, title II, § 265, July 29, 2010, 124 Stat. 2300.) § 2815. State, tribal, and local law enforcement cooperation The Attorney General may provide technical and other assistance to State, tribal, and local governments that enter into cooperative agree- ments, including agreements relating to mutual aid, hot pursuit of suspects, and cross-deputiza- tion for the purposes of— (1) improving law enforcement effectiveness; (2) reducing crime in Indian country and nearby communities; and (3) developing successful cooperative rela- tionships that effectively combat crime in In- dian country and nearby communities. (Pub. L. 111–211, title II, § 222, July 29, 2010, 124 Stat. 2272.) Editorial Notes CODIFICATION Section was enacted as part of the Tribal Law and Order Act of 2010, and not as part of the Indian Law En- forcement Reform Act which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 203(a) of Pub. L. 111–211, set out as a note under section 2801 of this title. CHAPTER 31—NATIVE AMERICAN LANGUAGES Sec. 2901. Findings. Sec. 2902. Definitions. 2903. Declaration of policy. 2904. No restrictions. 2905. Evaluations. 2906. Use of English. 2907. Survey on Native American languages. § 2901. Findings 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 Ameri- cans in the United States, a status that recog- nizes distinct cultural and political rights, in- cluding the right to continue separate identi- ties; (3) the traditional languages of Native Americans are an integral part of their cul- tures and identities and form the basic me- dium for the transmission, and thus survival, of Native American cultures, literatures, his- tories, 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 extermi- nation of Native American languages and cul- tures; (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 poten- tial achievements of all students and citizens and to take steps to realize these ends; (8) acts of suppression and extermination di- rected against Native American languages and cultures are in conflict with the United States policy of self-determination for Native Ameri- cans; (9) languages are the means of communica- tion 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 communica- tion by people who share languages. (Pub. L. 101–477, title I, § 102, Oct. 30, 1990, 104 Stat. 1153.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2023 AMENDMENT Pub. L. 117–337, § 1, Jan. 5, 2023, 136 Stat. 6153, provided that: ‘‘This Act [enacting section 2907 of this title and amending section 2905 of this title] may be cited as the ‘Durbin Feeling Native American Languages Act of 2022’.’’ Page 527 TITLE 25—INDIANS § 2904 SHORT TITLE Pub. L. 101–477, title I, § 101, Oct. 30, 1990, 104 Stat. 1153, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Native American Languages Act’.’’ § 2902. Definitions 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 Is- lander’’ means any descendent of the aborigi- nal 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 or- ganization’’ have the respective meaning given to each of such terms under section 5304 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 Amer- ican languages. (8) The term ‘‘Indian reservation’’ has the same meaning given to the term ‘‘reservation’’ under section 1452 of this title. (Pub. L. 101–477, title I, § 103, Oct. 30, 1990, 104 Stat. 1154; Pub. L. 104–109, § 11, Feb. 12, 1996, 110 Stat. 765; Pub. L. 107–110, title VII, § 702(f), Jan. 8, 2002, 115 Stat. 1947; Pub. L. 114–95, title IX, § 9215(iii), Dec. 10, 2015, 129 Stat. 2187.) Editorial Notes AMENDMENTS 2015—Par. (2). Pub. L. 114–95, § 9215(iii)(1), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 7491(3) of title 20. Par. (3). Pub. L. 114–95, § 9215(iii)(2), made technical amendment to reference in original act which appears in text as reference to section 7517 of title 20. 2002—Par. (2). Pub. L. 107–110, § 702(f)(1), substituted ‘‘section 7491(3) of title 20’’ for ‘‘section 7881(4) of title 20’’. Par. (3). Pub. L. 107–110, § 702(f)(2), substituted ‘‘sec- tion 7517 of title 20’’ for ‘‘section 7912(1) of title 20’’. 1996—Par. (2). Pub. L. 104–109, § 11(1), substituted ‘‘sec- tion 7881(4) of title 20’’ for ‘‘section 2651(4) of this title’’. Par. (3). Pub. L. 104–109, § 11(2), substituted ‘‘section 7912(1) of title 20’’ for ‘‘section 4909 of title 20’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of Title 20, Education. § 2903. Declaration of policy It is the policy of the United States to— (1) preserve, protect, and promote the rights and freedom of Native Americans to use, prac- tice, and develop Native American languages; (2) allow exceptions to teacher certification requirements for Federal programs, and pro- grams funded in whole or in part by the Fed- eral Government, for instruction in Native American languages when such teacher certifi- cation requirements hinder the employment of qualified teachers who teach in Native Amer- ican languages, and to encourage State and territorial governments to make similar ex- ceptions; (3) encourage and support the use of Native American languages as a medium of instruc- tion in order to encourage and support— (A) Native American language survival, (B) educational opportunity, (C) increased student success and perform- ance, (D) increased student awareness and knowledge of their culture and history, and (E) increased student and community pride; (4) encourage State and local education pro- grams to work with Native American parents, educators, Indian tribes, and other Native American governing bodies in the implementa- tion 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 me- dium of instruction in all schools funded by the Secretary of the Interior; (6) fully recognize the inherent right of In- dian tribes and other Native American gov- erning bodies, States, territories, and posses- sions of the United States to take action on, and give official status to, their Native Amer- ican languages for the purpose of conducting their own business; (7) support the granting of comparable pro- ficiency 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 lan- guage proficiency by institutions of higher education as fulfilling foreign language en- trance or degree requirements; and (8) encourage all institutions of elementary, secondary and higher education, where appro- priate, to include Native American languages in the curriculum in the same manner as for- eign languages and to grant proficiency in Na- tive American languages the same full aca- demic credit as proficiency in foreign lan- guages. (Pub. L. 101–477, title I, § 104, Oct. 30, 1990, 104 Stat. 1155.) § 2904. No restrictions 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 edu- cation programs.