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) intro-
duced the following bill; which was referred to the Committee on Agri-
culture, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Native American Seeds 
Protection Act of 2019’’. 
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SEC. 2. STUDY ON THE PROTECTION OF NATIVE AMERICAN 
SEEDS AND TRADITIONAL FOODS. 
Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States 
shall conduct a study on— 
(1) the extent to which seeds and foods that 
mimic Native American seeds or traditional foods 
are available in the commercial marketplace and are 
fraudulently identified as authentic Native American 
seeds or traditional foods, as of the date of enact-
ment of this Act; 
(2) the availability and long-term viability of 
Native American seeds, including an analysis of the 
storage, cultivation, harvesting, and commercializa-
tion of such seeds; 
(3) the extent to which Federal law, Federal 
programs, or Federal oversight protect Native Amer-
ican seeds and traditional foods from infringement, 
or unlawful or unauthorized commercialization; and 
(4) the means by which authentic Native Amer-
ican seeds and traditional foods might be protected 
to ensure preservation and availability for future 
generations. 
SEC. 3. CONFIDENTIALITY; FOIA; OWNERSHIP. 
(a) CONFIDENTIALITY.—The Comptroller General of 
the United States shall ensure the confidentiality of sen-
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sitive information of Indian Tribes that is gained through 
the study conducted under section 2, including traditional 
cultural knowledge and information about locations that 
are considered to be sacred by an Indian Tribe. 
(b) FOIA NOT APPLICABLE.—The information de-
scribed in subsection (a) shall be exempt from public dis-
closure under section 552 of title 5, United States Code 
(commonly known as the ‘‘Freedom of Information Act’’). 
(c) INDIAN OWNERSHIP.—Nothing in this Act shall 
be construed as interfering with, limiting, or otherwise af-
fecting the exclusive ownership and control of Native 
American seeds by an Indian Tribe unless the Indian 
Tribe consents to the ownership or control of such seeds 
by another entity. 
SEC. 4. DEFINITION OF INDIAN TRIBE. 
In this Act, the term ‘‘Indian Tribe’’ has the meaning 
given the term ‘‘Indian tribe’’ (without regard to capital-
ization) in section 4 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5304). 
Æ 
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