[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6274 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6274

 To amend the Indian Arts and Crafts Act to clarify the definition of 
      Indian and Indian organization for the purposes of that Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2012

  Mr. Rahall introduced the following bill; which was referred to the 
Committee on Natural Resources, and in addition to the Committee on the 
 Judiciary, 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 amend the Indian Arts and Crafts Act to clarify the definition of 
      Indian and Indian organization for the purposes of that Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DEFINITIONS.

    Section 6(a) of the Act entitled ``An Act to promote the 
development of Indian arts and crafts and to create a board to assist 
therein, and for other purposes'' (25 U.S.C. 305e(a)) is amended as 
follows:
            (1) By striking paragraph (1) and inserting the following:
            ``(1) Indian.--The term `Indian' means an individual that--
                    ``(A) is a member of an Indian tribe;
                    ``(B) is certified as an Indian artisan by an 
                Indian tribe;
                    ``(C) is a member of an Indian organization and 
                who--
                            ``(i) resides in the State in which the 
                        Indian organization is chartered and 
                        headquartered; and
                            ``(ii) is a direct lineal descendant of a 
                        person listed on the base roll of an Indian 
                        tribe, whether or not such individual qualifies 
                        for membership in the Indian tribe; or
                    ``(D) is a member of an Indian organization and 
                who--
                            ``(i) resides in the State in which the 
                        Indian organization is chartered and 
                        headquartered; and
                            ``(ii) is a direct lineal descendant of a 
                        person listed on a judgment fund distribution 
                        list, roll, or census of Indians or other 
                        document prepared and approved by the Secretary 
                        of the Interior or the Secretary's authorized 
                        representative, whether or not such judgment 
                        fund distribution list, roll, census or 
                        document is used by an Indian tribe to 
                        determine membership.''.
            (2) By adding at the end the following:
            ``(5) Indian organization.--The term `Indian organization' 
        means a nonprofit organization that--
                    ``(A) is chartered as a section 501(c)(3) 
                organization with the State in which the organization 
                is headquartered;
                    ``(B) is recognized by a State legislative body as 
                an Indian organization or group, in which a majority of 
                its members are recognized as Indians, whether or not 
                such organization is recognized as a State or federally 
                recognized tribe;
                    ``(C) is dedicated to preserving Native American 
                principles, traditions, culture, history, language, and 
                arts;
                    ``(D) performs free genealogical information on its 
                members to verify that an individual meets the 
                definition of `Indian' as defined in this Act; and
                    ``(E) retains genealogical information collected on 
                its members for verification.''.
                                 <all>