II

105TH CONGRESS

1ST SESSION S. 110

To amend the Native American Graves Protection and Repatriation Act

to provide for improved notification and consent, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 21, 1997

Mr. INOUYE (for himself and Mr. AKAKA) introduced the following bill; which

was read twice and referred to the Committee on Indian Affairs

A BILL

To amend the Native American Graves Protection and Repatriation Act to provide for improved notification and

consent, 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,

3 SECTION 1. AMENDMENTS TO THE NATIVE AMERICAN

4 GRAVES PROTECTION AND REPATRIATION

5 ACT.

6 (a) WRITTEN CONSENT REQUIRED IF NATIVE AMER7 ICAN REMAINS ARE EXCAVATED OR REMOVED FOR PUR8 POSES OF STUDY.—Section 3(c) of the Native American

9 Graves Protection and Repatriation Act (25 U.S.C.

10 3002(c)) is amended—
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1 (1) in paragraph (3), by striking ‘‘and’’ at the

2 end of the paragraph;

3 (2) in paragraph (4), by striking the period and

4 inserting ‘‘; and’’; and

5 (3) by adding at the end the following:

6 ‘‘(5) in the case of any intentional excavation or

7 removal of Native American human remains for pur8 poses of study, such remains are excavated or re9 moved after written consent is obtained from—

10 ‘‘(A) lineal descendants, if known or read11 ily ascertainable; or

12 ‘‘(B) each appropriate Indian tribe or Na13 tive Hawaiian organization.

14 The requirement under paragraph (1) shall not be inter15 preted as allowing or requiring, in the absence of the con16 sent of each appropriate Indian tribe or Native Hawaiian

17 organization, any recordation or analysis that is in addi18 tion to any recordation or analysis that is otherwise al19 lowed or required under this Act.’’.

20 (b) REQUIREMENTS FOR INADVERTENT DISCOV21 ERIES.—Section 3(d) of the Native American Graves Pro22 tection and Repatriation Act (25 U.S.C. 3002(d)) is

23 amended—

24 (1) in paragraph (1)—
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1 (A) in the first sentence, by striking ‘‘with

2 respect to Federal lands’’ and inserting ‘‘with

3 respect to those Federal lands’’;

4 (B) by inserting after the first sentence

5 the following: ‘‘In any case in which a Federal

6 agency or instrumentality receives notice of a

7 discovery of Native American cultural items on

8 lands with respect to which the Federal agency

9 or instrumentality has management authority,

10 the appropriate official of the Federal agency or

11 instrumentality shall notify each appropriate

12 Indian tribe or Native Hawaiian organization.

13 The notification required under the preceding

14 sentence shall be provided not later than 3 busi15 ness days after the date on which the Federal

16 agency or instrumentality receives notification

17 of the discovery.’’; and

18 (C) in the last sentence, by inserting ‘‘,

19 and, in the case of Federal lands, the appro20 priate official of the Federal agency or instru21 mentality with management authority over

22 those lands notified each appropriate Indian

23 tribe or Native Hawaiian organization by the

24 date specified in this paragraph,’’ after ‘‘that

25 notification has been received,’’; and
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1 (2) in paragraph (2), by adding at the end the

2 following new sentence: ‘‘Any person or entity that

3 disposes of, or controls, a cultural item referred to

4 in the preceding sentence shall comply with the ap5 plicable requirements of subsection (c).’’.

6 (c) REVIEW COMMITTEE.—Section 8(c)(5) of the Na7 tive American Graves Protection and Repatriation Act (25

8 U.S.C. 3006(c)(5)) is amended—

9 (1) by inserting ‘‘and associated funerary ob10 jects’’ after ‘‘culturally unidentifiable human re11 mains’’; and

12 (2) by striking ‘‘for developing a process for

13 disposition of such remains’’ and inserting ‘‘for de14 veloping a process for the disposition of the remains

15 and associated funerary objects’’.

16 (c) ENFORCEMENT.—Section 9 of the Native Amer17 ican Graves Protection and Repatriation Act (25 U.S.C.

18 3007) is amended by adding at the end the following:

19 ‘‘(e) ENFORCEMENT.—

20 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

21 the amounts collected by the Secretary as penalties

22 under this section shall be used to supplement the

23 amounts made available by appropriations for con24 ducting enforcement activities related to this section.
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1 ‘‘(2) AUTHORITY OF SECRETARY.—In carrying

2 out enforcement activities related to this section, the

3 Secretary may—

4 ‘‘(A) pay any person who furnishes infor5 mation that leads to the assessment of a civil

6 penalty under this section (other than an officer

7 or employee of the Federal Government or a

8 State or local government (including a tribal

9 government) who furnishes or who renders serv10 ice in the performance of official duties) the

11 lesser of—

12 ‘‘(i) half of the amount of the civil

13 penalty; or

14 ‘‘(ii) $1,000; and

15 ‘‘(B) reduce the amount of a civil penalty

16 that would otherwise be assessed under this sec17 tion if the violator against whom the civil pen18 alty is assessed agrees to pay to the aggrieved

19 parties involved an aggregate amount of restitu20 tion not to exceed the amount of the reduc21 tion.’’.

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