Message #242:
From: AzTeC SW Archaeology SIG
To:   "'Matthias Giessler'" 
Subject: Proposed NAGPRA Ammendments, s.1983
Date: Thu, 01 Aug 96 12:49:00 MST
Encoding: 78 TEXT


From:  Michael 'Smoke' Pfeiffer

    _________________________________________________________________

To amend the Native American Graves Protection and Repatriation Act to 
provide for Native Hawaiian organizations, and for other purposes. 
(Introduced in the Senate)

   S 1983 IS
   104th CONGRESS
   2d Session
   S. 1983

   To amend the Native American Graves Protection and Repatriation Act to
   provide for Native Hawaiian organizations, and for other purposes.

   IN THE SENATE OF THE UNITED STATES

   July 23, 1996

   Mr. INOUYE (for himself, Mr. MCCAIN, 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 Native Hawaiian organizations, 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 new paragraph:

            '(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) the appropriate Indian tribe or Native Hawaiian
                 organization.'.

    (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), by striking `with respect to tribal lands,
            if known or readily ascertainable' and inserting `. With
            respect to tribal lands, such notification shall be provided
            to the appropriate Indian tribe or Native Hawaiian
            organization,'; and

        (2) in paragraph (2), by adding at the end the following: `Any
            person or entity that disposes of or controls any such
            cultural item shall adhere to the applicable requirements of
            subsection (c).'.
    _________________________________________________________________