Former Bills introduced in the 107th Congress

H.R. 5051, Enhanced Protection of Our Cultural Heritage Act
S.2598 , Enhanced Protection of Our Cultural Heritage Act of 2002
S.2921, Native American Contracting and Federal Lands Management Demonstration Project Act
S.1011, National Parks Stewardship Act
H.R.5155, Native American Sacred Lands Act

*Note: A note on bills introduced in the 107 th and 108 th Congress. If bills listed below did not become law, i.e., Public Law, then these bills are no longer valid and are known as “Dead bills”; they would have to be reintroduced in the next Congress, i.e., 108 th Congress. This would also require possibly, a new bill number or new bill name.

Did not pass into law:

H.R. 5051, Enhanced Protection of Our Cultural Heritage Act – To enhance the criminal penalties for illegal trafficking of archaeological resources, and for other purposes. Representative Frank Pallone, Jr. (D-NJ) introduced this bill on June 27, 2002.

Related Bills: H.R.5025 (identical to H.R. 5051)


Latest Major Action

7/18/2002 Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

History:

6/27/2002: Referred to the Committee on the Judiciary, and in addition to the Committee on Resources, 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.

6/27/2002: Referred to House Judiciary

7/18/2002: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

6/27/2002: Referred to House Resources (text of measure as introduced: CR E5051)

7/9/2002: Referred to the Subcommittee on National Parks, Recreation and Public Lands.

AMENDMENT(S):

***NONE***

SUMMARY AS OF:
6/26/2002--Introduced.

Enhanced Protection of Our Cultural Heritage Act - Amends the Archaeological Resources Protection Act of 1979 to increase penalties for violating, or counseling, procuring, soliciting, or employing another to violate, prohibitions regarding: (1) unauthorized excavation, removal, damage, alteration, or defacement of archaeological resources located on public or Indian lands; (2) trafficking in archaeological resources the excavation or removal of which was wrongful under Federal law; and (3) trafficking in interstate or foreign commerce in archaeological resources the excavation, removal, sale, purchase, exchange, transportation, or receipt of which was wrongful under State or local law.

Amends the Federal criminal code to increase penalties for: (1) embezzlement and theft from Indian tribal organizations; and (2) illegal trafficking in Native American human remains and cultural items (and applies such penalties to attempted illegal trafficking).

 


Did not pass into law:

S.2598 , Enhanced Protection of Our Cultural Heritage Act of 2002 - A bill to enhance the criminal penalties for illegal trafficking of archaeological resources, and for other purposes. Senator Patrick J. Leahy, Patrick J. (VT) introduced this bill on June 6, 2002)

Latest Major Action:

9/9/2002 Placed on Senate Legislative Calendar under General Orders. Calendar No. 575.

History:

6/6/2002: Introductory remarks on measure. (CR S5210)

6/6/2002: Senate read twice and referred to the Committee on Energy and Natural Resources. (text of measure as introduced: CR S5210-5211)

7/23/2002: Senate Committee on Energy and Natural Resources Subcommittee on National Parks. Hearings held. With printed Hearing: S.Hrg. 107-794.

7/31/2002: Senate Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

9/9/2002: Senate Committee on Energy and Natural Resources. Reported by Senator Bingaman with an amendment in the nature of a substitute. With written report No. 107-258.

9/9/2002: Senate placed on Senate Legislative Calendar under General Orders. Calendar No. 575.

AMENDMENT(S):

***NONE***

SUMMARY AS OF:

9/9/2002--Reported to Senate, amended. (There is 1 other summary)

Enhanced Protection of Our Cultural Heritage Act of 2002 - Amends the Archaeological Resources Protection Act of 1979 to increase penalties for violating, or for counseling, procuring, soliciting, or employing another to violate, prohibitions regarding: (1) unauthorized excavation, removal, damage, alteration, or defacement of archaeological resources; (2) trafficking in archaeological resources the excavation or removal of which was wrongful under Federal law; and (3) trafficking in interstate or foreign commerce in archaeological resources the excavation, removal, sale, purchase, exchange, transportation, or receipt of which was wrongful under State or local law.

Amends the Federal criminal code to increase penalties for: (1) embezzlement and theft from Indian tribal organizations; and (2) illegal trafficking in Native American human remains and cultural items.

Provides for lesser penalties where the sum of the commercial and archaeological value of the archaeological resources involved and the cost of restoration and repair of such resources does not exceed $500.

 


Did not pass into law:

S.2921, Native American Contracting and Federal Lands Management Demonstration Project Act – A bill to encourage Native contracting over the management of Federal lands, and for other purposes. Senator Ben Nighthorse Campbel (R-CO) introduced this bill on September 10, 2002.


Latest Major Action:

9/10/2002 Referred to the Senate Committee on Indian Affairs.

History:

9/10/2002: Introductory remarks on measure. (CR S8462)

9/10/2002: Senate read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S8462- 8463)

AMENDMENT(S):

***NONE***

SUMMARY AS OF:
9/10/2002--Introduced.

Native American Contracting and Federal Lands Management Demonstration Project Act - Amends the Indian Self Determination and Education Assistance Act to direct the Secretary of the Interior to establish the Native American Federal Lands Management Demonstration Project.

Requires the project to contract with at least 12 Indian tribes or tribal organizations to perform archeological, anthropological and cultural surveys and analyses, and activities related to the identification, maintenance, or protection of lands considered to have religious, ceremonial or cultural significance to Indian tribes.

Sets forth criteria for participation, including demonstrated financial and management stability and capability and significant use of or dependency upon the relevant conservation system unit or other public land unit for which programs, functions, services, and activities are requested to be placed under contract.

Makes funding available for planning grants.

Amends the Indian Self-Determination and Education Assistance Act to direct the Secretary to contract with an applying Indian tribe for the provision of certain services or deliverables that would otherwise be procured from the private sector and for which the tribe to be benefitted by such services or deliverables has not exercised its right to contract.

 


Did not pass into law:

S.1011, National Parks Stewardship Act – A bill to provide the financial mechanisms, resource protections, and professional skills necessary for high quality stewardship of the National Park System and to recognize the importance of high quality outdoor recreational opportunities on federally managed land. Senator Bob Graham (FL) introduced this bill on June 11, 2001.

Latest Major Action:

6/11/2001 Referred to the Senate Committee on Energy and Natural Resources.

History:

6/11/2001: Introductory remarks on measure. (CR S6056)

6/11/2001: Senate read twice and referred to the Committee on Energy and Natural Resources.

AMENDMENT(S):

***NONE***

SUMMARY AS OF:
6/11/2001--Introduced.

National Parks Stewardship Act - Directs the Secretary of the Interior to prohibit activities incompatible with conservation and preservation of national park resources, including action that degrades or destroys natural, cultural, or historical resources. Requires the Secretary to ensure that each artifact, document, record, and report in the permanent possession of the National Park Service (NPS) is housed, secured, maintained, organized, and made available to researchers.

Requires the Secretary of the Interior: (1) to report to Congress on national park units that face the most serious impacts on resources from proposed actions or occurrences outside unit boundaries; and (2) acting through the Director of the National Park Service, to study and report to Congress on the natural and cultural marine resources in national park units.

Requires the Secretary to report to Congress on the use of nonappropriated fund instrumentalities for the benefit of the National Park System.

Authorizes the collection of fees for admission to or for use of an area, site, project, facility, visitor center, equipment, or service under the jurisdiction of the NPS, Fish and Wildlife Service, Bureau of Land Management, Bureau of Reclamation, and Forest Service.

Authorizes challenge cost-share agreements to carry out NPS projects that are mutually beneficial to the Secretary and the cooperator and enhance NPS activities or services.

Directs the Secretary to establish a pilot Professionals for Parks Program.

Requires the Director of the Office of Personnel Management to report to Congress on qualifications for national park management positions.

 


DID NOT PASS INTO LAW:

H.R.5155, Native American Sacred Lands Act – To protect sacred Native American Federal lands from significant damage. Representative Nick J. Rahall II (WV) introduced this bill on July 18, 2002.

Latest Major Action

9/25/2002 Resources Committee Hearings held.

History

7/18/2002: Introductory remarks on measure. (CR E1293)

7/18/2002: Referred to the House Committee on Resources.

7/24/2002: Executive Comment Requested from Interior.

9/25/2002: Committee Hearings Held.

AMENDMENT(S):

***NONE***

SUMMARY AS OF:
7/18/2002--Introduced.

Native American Sacred Lands Act - Requires managers of Federal lands to: (1) accommodate access and use by Indian religious practitioners; (2) prevent significant damage to Indian sacred lands; and (3) consult with Indian tribes and Native Hawaiian organizations before taking significant actions concerning such lands.

Prohibits undertakings likely to cause significant damage to Indian sacred lands.

Grants Indian tribes and Native Hawaiian organizations the right to petition the department or agency with administrative jurisdiction to have Federal lands designated as unsuitable for certain undertakings. Permits appeals through the Federal agency appeals board or in U. S. district courts. Provides relief through monetary damages, injunctions, or mandamus.

Provides for the withdrawal of lands determined to be unsuitable. Requires Federal land use plans to be modified accordingly.

Protects the confidentiality of information in a petition as it pertains to traditional cultural practice, religion, or the significance and location of sacred land. Imposes criminal penalties for violations of such confidentiality.

Authorizes the Secretary of the Interior to make grants to assist Indian tribes in activities under this Act. Requires the Secretary to consult with Indian tribes in developing regulations.

 

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