I 

116TH CONGRESS 

2D SESSION H. R. 8298 

To amend the Native American Graves Protection and Repatriation Act 

to move the enforcement office to the Bureau of Indian Affairs, to 

increase the civil monetary penalties for failure to follow the processes 

established by that Act, to protect confidential information, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2020 

Ms. HAALAND (for herself, Mr. COLE, and Ms. MCCOLLUM) introduced the 

following bill; which was referred to the Committee on Natural Resources 

A BILL 

To amend the Native American Graves Protection and Repatriation Act to move the enforcement office to the Bureau of Indian Affairs, to increase the civil monetary 

penalties for failure to follow the processes established 

by that Act, to protect confidential information, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 8298 IH

1 SECTION 1. NATIVE AMERICAN GRAVES PROTECTION AND 

2 REPATRIATION ACT AMENDMENTS. 

3 (a) CIVIL PENALTIES.—Section 9 of the Native 

4 American Graves Protection and Repatriation Act (25 

5 U.S.C. 3007 et seq.) is amended— 

6 (1) in subsection (a), by inserting ‘‘in which the 

7 petitioning party and the aggrieved party are each 

8 entitled to notice and an opportunity to be heard’’ 

9 after ‘‘agency hearing’’; and 

10 (2) in subsection (b), by striking ‘‘determined 

11 under regulations promulgated pursuant to this Act, 

12 taking into account, in addition to other factors’’ 

13 and inserting ‘‘5 percent of the museum’s annual 

14 budget, or $25,000, whichever is less, for each sub15 stantiated failure to comply, and such additional 

16 sums as the Secretary may determine under regula17 tions promulgated pursuant to this Act, taking into 

18 account other factors, including—’’. 

19 (b) ENFORCEMENT OFFICE.—Section 15 of the Na20 tive American Graves Protection and Repatriation Act (25 

21 U.S.C. 3001 et seq.) is amended as follows: 

22 (1) By striking ‘‘The United States’’ and in23 serting the following: 

24 ‘‘(a) COURT OF JURISDICTION.—The United States’’. 

25 (2) By adding at the end the following: 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 8298 IH

1 ‘‘(b) OFFICE OF ENFORCEMENT.—The Office of the 

2 Assistant Secretary, Bureau of Indian Affairs, shall be the 

3 office for enforcement and other activities delegated by the 

4 Secretary under this Act.’’. 

5 (c) CONFIDENTIAL INFORMATION.—The Native 

6 American Graves Protection and Repatriation Act (25 

7 U.S.C. 3001 et seq.) is amended by inserting after section 

8 15 the following: 

9 ‘‘SEC. 16. CONFIDENTIAL INFORMATION. 

10 ‘‘(a) FULFILLMENT OF OBLIGATIONS.—Notwith11 standing any other provision of law, all information re12 lated to the fulfillment of obligations imposed by this Act, 

13 regardless of form, shall be deemed confidential and not 

14 subject to public disclosure by the Secretary, a museum, 

15 or a Federal agency, unless such disclosure is required to 

16 fulfill an obligation imposed by this Act or regulations pro17 mulgated thereto. 

18 ‘‘(b) SUBMITTED TO THE REVIEW COMMITTEE.— 

19 Notwithstanding any other provision of law, all informa20 tion submitted to the Review Committee by an affected 

21 party seeking findings or resolution of disputes pursuant 

22 to section 8(c)(3) and (4) shall be deemed confidential and 

23 not subject to public disclosure by the Review Committee, 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•HR 8298 IH

1 if the affected party indicates upon submission that such 

2 information shall be kept confidential.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS