Native American Seeds Protection Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3916 To provide for a study on the protection of Native American seeds and traditional foods, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 23, 2019 Mr. LUJA´N (for himself, Mr. YOUNG, Mr. COLE, and Ms. MCCOLLUM) intro- duced the following bill; which was referred to the Committee on Agri- culture, and in addition to the Committees on Energy and Commerce, and Natural 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 A BILL To provide for a study on the protection of Native American seeds and traditional foods, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Native American Seeds 4 Protection Act of 2019’’. 5 VerDate Sep 11 2014 03:11 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3916.IH H3916 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3916 IH SEC. 2. STUDY ON THE PROTECTION OF NATIVE AMERICAN 1 SEEDS AND TRADITIONAL FOODS. 2 Not later than 1 year after the date of enactment 3 of this Act, the Comptroller General of the United States 4 shall conduct a study on— 5 (1) the extent to which seeds and foods that 6 mimic Native American seeds or traditional foods 7 are available in the commercial marketplace and are 8 fraudulently identified as authentic Native American 9 seeds or traditional foods, as of the date of enact- 10 ment of this Act; 11 (2) the availability and long-term viability of 12 Native American seeds, including an analysis of the 13 storage, cultivation, harvesting, and commercializa- 14 tion of such seeds; 15 (3) the extent to which Federal law, Federal 16 programs, or Federal oversight protect Native Amer- 17 ican seeds and traditional foods from infringement, 18 or unlawful or unauthorized commercialization; and 19 (4) the means by which authentic Native Amer- 20 ican seeds and traditional foods might be protected 21 to ensure preservation and availability for future 22 generations. 23 SEC. 3. CONFIDENTIALITY; FOIA; OWNERSHIP. 24 (a) CONFIDENTIALITY.—The Comptroller General of 25 the United States shall ensure the confidentiality of sen- 26 VerDate Sep 11 2014 03:11 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3916.IH H3916 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3916 IH sitive information of Indian Tribes that is gained through 1 the study conducted under section 2, including traditional 2 cultural knowledge and information about locations that 3 are considered to be sacred by an Indian Tribe. 4 (b) FOIA NOT APPLICABLE.—The information de- 5 scribed in subsection (a) shall be exempt from public dis- 6 closure under section 552 of title 5, United States Code 7 (commonly known as the ‘‘Freedom of Information Act’’). 8 (c) INDIAN OWNERSHIP.—Nothing in this Act shall 9 be construed as interfering with, limiting, or otherwise af- 10 fecting the exclusive ownership and control of Native 11 American seeds by an Indian Tribe unless the Indian 12 Tribe consents to the ownership or control of such seeds 13 by another entity. 14 SEC. 4. DEFINITION OF INDIAN TRIBE. 15 In this Act, the term ‘‘Indian Tribe’’ has the meaning 16 given the term ‘‘Indian tribe’’ (without regard to capital- 17 ization) in section 4 of the Indian Self-Determination and 18 Education Assistance Act (25 U.S.C. 5304). 19 Æ VerDate Sep 11 2014 03:11 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3916.IH H3916 pamtmann on DSKBFK8HB2PROD with BILLS