I 

116TH CONGRESS 

1ST SESSION H. R. 3916 

To provide for a study on the protection of Native American seeds and 

traditional foods, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 23, 2019 

Mr. LUJA ́N (for himself, Mr. YOUNG, Mr. COLE, and Ms. MCCOLLUM) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committees on Energy and Commerce, 

and Natural Resources, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To provide for a study on the protection of Native American 

seeds and traditional foods, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Native American Seeds 

5 Protection Act of 2019’’. 


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1 SEC. 2. STUDY ON THE PROTECTION OF NATIVE AMERICAN 

2 SEEDS AND TRADITIONAL FOODS. 

3 Not later than 1 year after the date of enactment 

4 of this Act, the Comptroller General of the United States 

5 shall conduct a study on— 

6 (1) the extent to which seeds and foods that 

7 mimic Native American seeds or traditional foods 

8 are available in the commercial marketplace and are 

9 fraudulently identified as authentic Native American 

10 seeds or traditional foods, as of the date of enact11 ment of this Act; 

12 (2) the availability and long-term viability of 

13 Native American seeds, including an analysis of the 

14 storage, cultivation, harvesting, and commercializa15 tion of such seeds; 

16 (3) the extent to which Federal law, Federal 

17 programs, or Federal oversight protect Native Amer18 ican seeds and traditional foods from infringement, 

19 or unlawful or unauthorized commercialization; and 

20 (4) the means by which authentic Native Amer21 ican seeds and traditional foods might be protected 

22 to ensure preservation and availability for future 

23 generations. 

24 SEC. 3. CONFIDENTIALITY; FOIA; OWNERSHIP. 

25 (a) CONFIDENTIALITY.—The Comptroller General of 

26 the United States shall ensure the confidentiality of senVerDate Sep 11 2014 03:11 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3916.IH H3916

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1 sitive information of Indian Tribes that is gained through 

2 the study conducted under section 2, including traditional 

3 cultural knowledge and information about locations that 

4 are considered to be sacred by an Indian Tribe. 

5 (b) FOIA NOT APPLICABLE.—The information de6 scribed in subsection (a) shall be exempt from public dis7 closure under section 552 of title 5, United States Code 

8 (commonly known as the ‘‘Freedom of Information Act’’). 

9 (c) INDIAN OWNERSHIP.—Nothing in this Act shall 

10 be construed as interfering with, limiting, or otherwise af11 fecting the exclusive ownership and control of Native 

12 American seeds by an Indian Tribe unless the Indian 

13 Tribe consents to the ownership or control of such seeds 

14 by another entity. 

15 SEC. 4. DEFINITION OF INDIAN TRIBE. 

16 In this Act, the term ‘‘Indian Tribe’’ has the meaning 

17 given the term ‘‘Indian tribe’’ (without regard to capital18 ization) in section 4 of the Indian Self-Determination and 

19 Education Assistance Act (25 U.S.C. 5304). 

Æ 


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