[House Report 113-287]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-287

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       NATIVE AMERICAN VETERANS' MEMORIAL AMENDMENTS ACT OF 2013

                                _______
                                

 December 11, 2013.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2319]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2319) to clarify certain provisions of the 
Native American Veterans' Memorial Establishment Act of 1994, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Native American Veterans' Memorial 
Amendments Act of 2013''.

SEC. 2. NATIVE AMERICAN VETERANS' MEMORIAL.

  (a) Authority To Establish Memorial.--Section 3 of the Native 
American Veterans' Memorial Establishment Act of 1994 (20 U.S.C. 80q-5 
note; 108 Stat. 4067) is amended--
          (1) in subsection (b), by striking ``within the interior 
        structure of the facility provided for by'' and inserting ``on 
        property under the jurisdiction of the Museum on the site 
        described in''; and
          (2) in subsection (c)(1), by striking ``, in consultation 
        with the Museum, is'' and inserting ``and the National Museum 
        of the American Indian are''.
  (b) Payment of Expenses.--Section 4(a) of the Native American 
Veterans' Memorial Establishment Act of 1994 (20 U.S.C. 80q-5 note; 108 
Stat. 4067) is amended--
          (1) in the heading, by inserting ``and National Museum of the 
        American Indian'' after ``American Indians''; and
          (2) in the first sentence, by striking ``shall be solely'' 
        and inserting ``and the National Museum of the American Indian 
        shall be''.

                          Purpose of the Bill

    The purpose of H.R. 2319 is to clarify certain provisions 
of the Native American Veterans' Memorial Establishment Act of 
1994.

                  Background and Need for Legislation

    In 1994, Congress passed the Native American Veterans' 
Memorial Establishment Act of 1994 (Public Law 103-384). This 
Act authorized the Smithsonian Institution's National Museum of 
the American Indian to build a Native American veterans 
memorial inside the museum. However, due to the limited space 
within the museum and the difficulty in collecting funds to 
build a memorial, an amendment to the law is necessary. The 
bill will allow the museum to place a memorial ``on the 
property'' of the National Museum of the American Indian, allow 
the museum to hold a competition to select a design, and accept 
responsibility for the expenses of the establishment of the 
memorial.

                            Committee Action

    H.R. 2319 was introduced on June 11, 2013, by Congressman 
Markwayne Mullin (R-OK). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittees on Public Lands and Environmental Regulation and 
Indian and Alaska Native Affairs. On July 23, 2013, the 
Subcommittee on Indian and Alaska Native Affairs held a hearing 
on the bill. On December 4, 2013, the Natural Resources 
Committee met to consider the bill. The Subcommittees on Public 
Lands and Environmental Regulation and Indian and Alaska Native 
Affairs were discharged by unanimous consent. Congressman 
Mullin offered an amendment designated #1 to the bill; the 
amendment was adopted by unanimous consent. No further 
amendments were offered, and the bill, as amended, was then 
adopted and ordered favorably reported to the House of 
Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 2319--Native American Veterans' Memorial Amendments Act of 2013

    H.R. 2319 would amend the Native American Veterans' 
Memorial Establishment Act of 1994. The bill would authorize 
the memorial to be built on the property of the National Museum 
of the American Indian (part of the Smithsonian Institution) in 
lieu of the current requirement that the memorial be placed 
inside of that museum. Additionally, the legislation would make 
the museum, along with the National Congress of American 
Indians (NCAI), responsible for accepting contributions for and 
paying the expenses of the memorial. Under current law, the 
NCAI is solely responsible for those activities.
    Based on information provided by the National Park Service 
and the Smithsonian Institution, CBO estimates that 
implementing H.R. 2319 would have no significant impact on the 
federal budget. Enacting H.R. 2319 would not affect direct 
spending or revenues because the receipt and expenditure of 
gifts to the Smithsonian are not recorded in the federal 
budget; therefore, pay-as-you-go procedures do not apply.
    H.R. 2319 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
govenments.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of the Congressional Budget Act. As 
required by clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives and section 308(a) of the 
Congressional Budget Act of 1974, this bill does not contain 
any new budget authority, spending authority, credit authority, 
or an increase or decrease in revenues or tax expenditures. 
Based on information provided by the National Park Service and 
the Smithsonian Institution, CBO estimates that implementing 
H.R. 2319 would have no significant impact on the federal 
budget.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to clarify certain provisions of the 
Native American Veterans' Memorial Establishment Act of 1994.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

NATIVE AMERICAN VETERANS' MEMORIAL ESTABLISHMENT ACT OF 1994

           *       *       *       *       *       *       *



SEC. 3. AUTHORITY TO ESTABLISH MEMORIAL.

  (a) In General.--The National Museum of the American Indian 
(established by the National Museum of the American Indian Act 
(20 U.S.C. 80q et seq.)), in close consultation with the 
National Congress of American Indians and other Native American 
groups, is authorized to construct and maintain a National 
Native American Veterans' Memorial (hereafter in this Act 
referred to as the ``memorial'').
  (b) Location.--The memorial shall be located at a site 
determined to be suitable by the Museum [within the interior 
structure of the facility provided for by] on property under 
the jurisdiction of the Museum on the site described in section 
7(a) of such Act (20 U.S.C. 80q-5(a)) (relating to housing the 
portion of the Museum to be located in the District of 
Columbia).
  (c) Design and Plans.--(1) The National Congress of American 
Indians[, in consultation with the Museum, is] and the National 
Museum of the American Indian are authorized to hold a 
competition to select the design of the Memorial. Any design so 
selected shall be compatible with both the purpose of the 
Museum, as set forth in section 3(b) of the National Museum of 
the American Indian Act (20 U.S.C. 80q-1), and with any 
existing design plans for the Museum's structure and its 
surroundings.
  (2) Any design so selected shall be subject to the approval 
of the Board of Regents of the Smithsonian Institution.

SEC. 4. PAYMENT OF EXPENSES AND USE OF NAME.

  (a) Responsibility of National Congress of American Indians 
and National Museum of the American Indian.--The National 
Congress of American Indians [shall be solely] and the National 
Museum of the American Indian shall be responsible for 
acceptance of contributions for, and payment of the expenses 
of, the establishment of the memorial. No Federal funds may be 
used to pay any expense of the establishment of the memorial.
  (b) Use of Name.--Use of the name of the Smithsonian 
Institution or the National Museum of the American Indian in 
any material regarding the memorial produced by the National 
Congress of American Indians, other than in a manner simply 
describing the location of the memorial, shall be subject to 
consultation with, and the approval of, the Board of Regents of 
the Smithsonian Institution.

                                  
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