[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 110 Introduced in Senate (IS)]







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.

    Be it enacted by the Senate and House of Representatives 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 American Remains Are 
Excavated or Removed for Purposes 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 purposes of study, such 
        remains are excavated or removed after written consent is 
        obtained from--
                    ``(A) lineal descendants, if known or readily 
                ascertainable; or
                    ``(B) each appropriate Indian tribe or Native 
                Hawaiian organization.
The requirement under paragraph (1) shall not be interpreted as 
allowing or requiring, in the absence of the consent of each 
appropriate Indian tribe or Native Hawaiian organization, any 
recordation or analysis that is in addition to any recordation or 
analysis that is otherwise allowed or required under this Act.''.
    (b) Requirements for Inadvertent Discoveries.--Section 3(d) of the 
Native American Graves Protection 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'';
                    (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 
                management authority, the appropriate official of the 
                Federal agency or instrumentality shall notify each 
                appropriate Indian tribe or Native Hawaiian 
                organization. The notification required under the 
                preceding sentence shall be provided not later than 3 
                business days after the date on which the Federal 
                agency or instrumentality receives notification of the 
                discovery.''; and
                    (C) in the last sentence, by inserting ``, and, in 
                the case of Federal lands, the appropriate official of 
                the Federal agency or instrumentality with management 
                authority over those lands notified each appropriate 
                Indian tribe or Native Hawaiian organization by the 
                date specified in this paragraph,'' after ``that 
                notification has been received,''; and
            (2) in paragraph (2), by adding at the end the following 
        new sentence: ``Any person or entity that disposes of, or 
        controls, a cultural item referred to in the preceding sentence 
        shall comply with the applicable requirements of subsection 
        (c).''.
    (c) Review Committee.--Section 8(c)(5) of the Native American 
Graves Protection and Repatriation Act (25 U.S.C. 3006(c)(5)) is 
amended--
            (1) by inserting ``and associated funerary objects'' after 
        ``culturally unidentifiable human remains''; and
            (2) by striking ``for developing a process for disposition 
        of such remains'' and inserting ``for developing a process for 
        the disposition of the remains and associated funerary 
        objects''.
    (c) Enforcement.--Section 9 of the Native American Graves 
Protection and Repatriation Act (25 U.S.C. 3007) is amended by adding 
at the end the following:
    ``(e) Enforcement.--
            ``(1) In general.--Subject to paragraph (2), the amounts 
        collected by the Secretary as penalties under this section 
        shall be used to supplement the amounts made available by 
        appropriations for conducting enforcement activities related to 
        this section.
            ``(2) Authority of secretary.--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 the reduction.''.
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