I
105TH CONGRESS
1ST SESSION
H. R. 749
To amend the Native American Graves Protection and Repatriation Act
to provide for improved notification and consent, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 13, 1997
Mr. ABERCROMBIE (for himself and Mr. FALEOMAVAEGA) introduced the
following bill; which was referred to the Committee on Resources
A BILL
To amend the Native American Graves Protection and Repa-
triation Act to provide for improved notification and
consent, 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. AMENDMENTS TO THE NATIVE AMERICAN
GRAVES PROTECTION AND REPATRIATION
ACT.
(a) WRITTEN CONSENT REQUIRED IF NATIVE AMER-
ICAN REMAINS ARE EXCAVATED OR REMOVED FOR PUR-
POSES OF STUDY.—Section 3(c) of the Native American
Graves Protection and Repatriation Act (25 U.S.C.
3002(c)) is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the
end of the paragraph;
(2) in paragraph (4), by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(5) in the case of any intentional excavation or
removal of Native American human remains for pur-
poses of study, such remains are excavated or re-
moved after written consent is obtained from—
‘‘(A) lineal descendants, if known or read-
ily ascertainable; or
‘‘(B) in any case in which lineal descend-
ants cannot be readily ascertained, each appro-
priate Indian tribe or Native Hawaiian organi-
zation.
‘‘The requirement under paragraph (1) shall not be inter-
preted as allowing or requiring, in the absence of the con-
sent of each appropriate Indian tribe or Native Hawaiian
organization, any recordation or analysis that is in addi-
tion to any recordation or analysis that is otherwise al-
lowed or required under this Act.’’.
(b) REQUIREMENTS
FOR INADVERTENT DISCOV-
ERIES.—Section 3(d) of the Native American Graves Pro-
tection and Repatriation Act (25 U.S.C. 3002(d)) is
amended—
(1) in paragraph (1)—
(A) in the first sentence, by striking ‘‘with
respect to Federal lands’’ and inserting ‘‘with
respect to those Federal lands’’; and
(B) by inserting after the first sentence
the following: ‘‘In any case in which a Federal
agency or instrumentality receives notice of a
discovery of Native American cultural items on
lands with respect to which the Federal agency
or instrumentality has primary management au-
thority, the appropriate official of the Federal
agency or instrumentality shall notify, in writ-
ing, each appropriate Indian tribe or Native
Hawaiian organization. The notification re-
quired under the preceding sentence shall be
provided not later than 3 business days after
the date on which the Federal agency or instru-
mentality receives notification of the discov-
ery.’’; and
(2) in paragraph (2), by adding at the end the
following new sentence: ‘‘Any person or entity that
controls a cultural item referred to in the preceding
sentence shall comply with the applicable require-
ments of subsection (c).’’.
(c) REVIEW COMMITTEE.—Section 8(c)(5) of the Na-
tive American Graves Protection and Repatriation Act (25
U.S.C. 3006(c)(5)) is amended—
(1) by inserting ‘‘and associated funerary ob-
jects’’ after ‘‘culturally unidentifiable human re-
mains’’; and
(2) by striking ‘‘for developing a process for
disposition of such remains’’ and inserting ‘‘for de-
veloping a process for the disposition of such re-
mains and associated funerary objects’’.
(d) ENFORCEMENT.—Section 9 of the Native Amer-
ican Graves Protection and Repatriation Act (25 U.S.C.
3007) is amended by adding at the end the following:
‘‘(e) ENFORCEMENT.—(1) Subject to paragraph (2)
and further appropriations by Congress, the amounts col-
lected by the Secretary as penalties under this section
shall be used to supplement the amounts made available
by appropriations for conducting enforcement activities re-
lated to this section.
‘‘(2) In carrying out enforcement activities related to
this section, the Secretary may—
‘‘(A) pay any person who furnishes information
that leads to the assessment of a civil penalty under
this section (other than an officer or employee of the
Federal Government or a State or local government,
including a tribal government, who furnishes or who
renders service in the performance of official duties)
the lesser of—
‘‘(i) half of the amount of the civil penalty;
or
‘‘(ii) $1,000; and
‘‘(B) reduce the amount of a civil penalty that
would otherwise be assessed under this section if the
violator against whom the civil penalty is assessed
agrees to pay to the aggrieved parties involved an
aggregate amount of restitution not to exceed the
amount of such reduction.’’.
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