39–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–287 

NATIVE AMERICAN VETERANS’ MEMORIAL AMENDMENTS 

ACT OF 2013 

DECEMBER 11, 2013.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 2319] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 2319) to clarify certain provisions of the Native American 

Veterans’ Memorial Establishment Act of 1994, having considered 

the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Native American Veterans’ Memorial Amendments 

Act of 2013’’. 

SEC. 2. NATIVE AMERICAN VETERANS’ MEMORIAL. 

(a) AUTHORITY TO ESTABLISH MEMORIAL.—Section 3 of the Native American Veterans’ Memorial Establishment Act of 1994 (20 U.S.C. 80q–5 note; 108 Stat. 4067) 

is amended— 

(1) in subsection (b), by striking ‘‘within the interior structure of the facility 

provided for by’’ and inserting ‘‘on property under the jurisdiction of the Museum on the site described in’’; and 

(2) in subsection (c)(1), by striking ‘‘, in consultation with the Museum, is’’ 

and inserting ‘‘and the National Museum of the American Indian are’’. 

(b) PAYMENT OF EXPENSES.—Section 4(a) of the Native American Veterans’ Memorial Establishment Act of 1994 (20 U.S.C. 80q–5 note; 108 Stat. 4067) is amended— 

(1) in the heading, by inserting ‘‘AND NATIONAL MUSEUM OF THE AMERICAN

INDIAN’’ after ‘‘AMERICAN INDIANS’’; and 

(2) in the first sentence, by striking ‘‘shall be solely’’ and inserting ‘‘and the 

National Museum of the American Indian shall be’’. 


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PURPOSE OF THE BILL

The purpose of H.R. 2319 is to clarify certain provisions of the 

Native American Veterans’ Memorial Establishment Act of 1994. 

BACKGROUND AND NEED FOR LEGISLATION

In 1994, Congress passed the Native American Veterans’ Memorial Establishment Act of 1994 (Public Law 103–384). This Act authorized the Smithsonian Institution’s National Museum of the 

American Indian to build a Native American veterans memorial inside the museum. However, due to the limited space within the 

museum and the difficulty in collecting funds to build a memorial, 

an amendment to the law is necessary. The bill will allow the museum to place a memorial ‘‘on the property’’ of the National Museum of the American Indian, allow the museum to hold a competition to select a design, and accept responsibility for the expenses 

of the establishment of the memorial. 

COMMITTEE ACTION

H.R. 2319 was introduced on June 11, 2013, by Congressman 

Markwayne Mullin (R–OK). The bill was referred to the Committee 

on Natural Resources, and within the Committee to the Subcommittees on Public Lands and Environmental Regulation and Indian and Alaska Native Affairs. On July 23, 2013, the Subcommittee on Indian and Alaska Native Affairs held a hearing on 

the bill. On December 4, 2013, the Natural Resources Committee 

met to consider the bill. The Subcommittees on Public Lands and 

Environmental Regulation and Indian and Alaska Native Affairs 

were discharged by unanimous consent. Congressman Mullin offered an amendment designated #1 to the bill; the amendment was 

adopted by unanimous consent. No further amendments were offered, and the bill, as amended, was then adopted and ordered favorably reported to the House of Representatives by unanimous 

consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 


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H.R. 2319—Native American Veterans’ Memorial Amendments Act 

of 2013 

H.R. 2319 would amend the Native American Veterans’ Memorial Establishment Act of 1994. The bill would authorize the memorial to be built on the property of the National Museum of the 

American Indian (part of the Smithsonian Institution) in lieu of the 

current requirement that the memorial be placed inside of that museum. Additionally, the legislation would make the museum, along 

with the National Congress of American Indians (NCAI), responsible for accepting contributions for and paying the expenses of the 

memorial. Under current law, the NCAI is solely responsible for 

those activities. 

Based on information provided by the National Park Service and 

the Smithsonian Institution, CBO estimates that implementing 

H.R. 2319 would have no significant impact on the federal budget. 

Enacting H.R. 2319 would not affect direct spending or revenues 

because the receipt and expenditure of gifts to the Smithsonian are 

not recorded in the federal budget; therefore, pay-as-you-go procedures do not apply. 

H.R. 2319 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal govenments. 

The CBO staff contact for this estimate is Martin von Gnechten. 

The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

2. Section 308(a) of the Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or 

tax expenditures. Based on information provided by the National 

Park Service and the Smithsonian Institution, CBO estimates that 

implementing H.R. 2319 would have no significant impact on the 

federal budget. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to clarify certain provisions of the Native American 

Veterans’ Memorial Establishment Act of 1994. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. The Chairman does not believe that this 

bill directs any executive branch official to conduct any specific 

rule-making proceedings. 


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Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

NATIVE AMERICAN VETERANS’ MEMORIAL 

ESTABLISHMENT ACT OF 1994 

* * * * * * * 

SEC. 3. AUTHORITY TO ESTABLISH MEMORIAL. 

(a) IN GENERAL.—The National Museum of the American Indian 

(established by the National Museum of the American Indian Act 

(20 U.S.C. 80q et seq.)), in close consultation with the National 

Congress of American Indians and other Native American groups, 

is authorized to construct and maintain a National Native American Veterans’ Memorial (hereafter in this Act referred to as the 

‘‘memorial’’). 

(b) LOCATION.—The memorial shall be located at a site determined to be suitable by the Museum øwithin the interior structure 

of the facility provided for by¿ on property under the jurisdiction 

of the Museum on the site described in section 7(a) of such Act (20 

U.S.C. 80q–5(a)) (relating to housing the portion of the Museum to 

be located in the District of Columbia). 

(c) DESIGN AND PLANS.—(1) The National Congress of American 

Indiansø, in consultation with the Museum, is¿ and the National 

Museum of the American Indian are authorized to hold a competition to select the design of the Memorial. Any design so selected 

shall be compatible with both the purpose of the Museum, as set 

forth in section 3(b) of the National Museum of the American Indian Act (20 U.S.C. 80q–1), and with any existing design plans for 

the Museum’s structure and its surroundings. 

(2) Any design so selected shall be subject to the approval of the 

Board of Regents of the Smithsonian Institution. 

SEC. 4. PAYMENT OF EXPENSES AND USE OF NAME. 

(a) RESPONSIBILITY OF NATIONAL CONGRESS OF AMERICAN INDIANS and National Museum of the American Indian.—The National 

Congress of American Indians øshall be solely¿ and the National 

Museum of the American Indian shall be responsible for acceptance 

of contributions for, and payment of the expenses of, the establishVerDate Mar 15 2010 00:54 Dec 12, 2013 Jkt 039006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR287.XXX HR287

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ment of the memorial. No Federal funds may be used to pay any 

expense of the establishment of the memorial. 

(b) USE OF NAME.—Use of the name of the Smithsonian Institution or the National Museum of the American Indian in any material regarding the memorial produced by the National Congress of 

American Indians, other than in a manner simply describing the location of the memorial, shall be subject to consultation with, and 

the approval of, the Board of Regents of the Smithsonian Institution. 

Æ 


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