BEFORE THE DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

 

In the matter of the adoption of NEW RULES I through IV pertaining to the implementation of the Montana Indian Language Preservation Pilot Program

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NOTICE OF ADOPTION

 

TO: All Concerned Persons

 

            1. On June 6, 2013, the Department of Commerce published MAR Notice No. 8-99-115 pertaining to the public hearing on the proposed adoption of the above-stated rules at page 891 of the 2013 Montana Administrative Register, Issue Number 11.

 

2. The department has adopted the above-stated rules as proposed: New Rule I (8.99.1001), New Rule II (8.99.1002), New Rule III (8.99.1003), New Rule IV (8.99.1004).

 

3. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses follow:

 

COMMENT #1:  A comment was received – in the form of a question to staff – requesting clarification about the acceptable content for audio and visual recordings, whether videotaping experts and speakers, possibly in the form of a theater utilizing the language, or scholarly conferences discussing the language and best practices for passing traditional language on would also be considered under the performance and output standards.

 

RESPONSE #1:  Additional guidance to New Rule I Performance and Output Standards is contained in Section I.G.(1)(h) Use of Funds of the Montana Indian Language Preservation Pilot Program Guidelines adopted by the State Tribal Economic Development Commission in that the local program advisory board can determine what respective tribal language preservation activities merit their tribal government’s portion of language preservation funding.  This section of the guidelines should also be balanced with the consideration that tangible good(s) must be produced or created as a result of the funding and that the legislative intent of the funding is to support the efforts of Montana tribes to preserve Indian languages in the form of spoken, written, or sign language and to assist in the preservation and curricular goals of Indian education for all pursuant to Article X, section 1(2) of the Montana constitution and Title 20, chapter 1, part 5.

 

COMMENT #2:  A comment was received – in the form of a question to staff – if training for teachers and training for other people going into classrooms to teach language would be an eligible activity under language classes (Rule #1 Performance and Output Standards (1)(d)) because language fluency isn’t enough to pass on language skills from one speaker to another.  Those who are responsible for teaching language should be able to present their fluency in a classroom in a coherent and understandable manner to students.

 

RESPONSE #2:  Additional guidance to New Rule I Performance and Output Standards is contained in Section I.G.(1)(h) Use of Funds of the Montana Indian Language Preservation Pilot Program Guidelines adopted by the State Tribal Economic Development Commission in that the local program advisory board can determine what respective tribal language preservation activities merit their tribal government’s portion of language preservation funding.  “Train-the-trainer” types of activities required to increase the successful transfer of language skills from teacher to student would be determined at the discretion of the local program advisory board.  This section of the guidelines should also be balanced with the consideration that tangible good(s) must be produced or created as a result of the funding and that the legislative intent of the funding is to support the efforts of Montana tribes to preserve Indian languages in the form of spoken, written, or sign language and to assist in the preservation and curricular goals of Indian education for all pursuant to Article X, section 1(2) of the Montana constitution and Title 20, chapter 1, part 5.

 

COMMENT #3:  A comment was received – in the form of a question to staff – of who will own the rights to published literature that result from funding efforts of the Montana Indian Language Preservation Pilot Program. 

 

RESPONSE #3:  Additional guidance to this area that falls generally under New Rule IV Use of Funds in the Montana Indian Language Preservation Pilot Program and pursuant to Chapter 410, Laws 2013, in that partners determined through the collaboratively developed guidelines that tangible goods produced are done so with public funds and as such should be available for fair use to the public; cultural and intellectual property rights belong to the tribe and may be negotiated between the tribe and partnering entities (Montana Indian Language Preservation Pilot Program Guidelines, Section I. G.(3).  Cultural and intellectual property rights are retained by the respective tribal government, but tangible goods produced with public funds must be available for fair use and inspection by the public.

 

 

/s/ G. Martin Tuttle                                        /s/ Meg O'Leary                                            

G. Martin Tuttle                                             MEG O'LEARY

Rule Reviewer                                              Director

                                                                       Department of Commerce

 

Certified to the Secretary of State July 15, 2013.