Summary: H.R.2006 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
House agreed to Senate amendment with amendment (10/27/1990)

Title I: Indian Arts and Crafts - Indian Arts and Crafts Act of 1990 - Amends Federal law to revise the powers of the Indian Arts and Crafts Board to include power to: (1) register in the U.S. Patent and Trademark Office without charge Government-owned trademarks and assign them and their associated goodwill to Indian individuals or tribes, again without charge; and (2) pursue or defend in the courts any appeal or proceeding with respect to any final determination of the U.S. Patent and Trademark Office.

Authorizes the Board to refer complaints of violations relating to misrepresentation of Indian produced goods and products to the Federal Bureau of Investigation for investigation and to recommend that the: (1) Attorney General institute criminal proceedings; and (2) Secretary of the Interior refer the matter to the Attorney General for civil action.

Revises Federal criminal code provisions prohibiting misrepresentation of Indian products to increase the penalties for violations.

Authorizes civil actions for injunctive relief and treble or liquidated damages along with the possible awarding of punitive damages, court costs, and attorney fees to enforce such prohibition. Allows such actions by the Attorney General of the United States or an Indian tribe in any court of competent jurisdiction.

Increases the penalties for counterfeiting the Board's trademark.

Prohibits an Indian tribe from imposing a fee in certifying an individual as an Indian artisan.

Title II: Technical and Clarifying Amendments - Indian Self-Determination and Education Assistance Act Amendments of 1990 - Amends the Indian Self-Determination and Education Assistance Act and the Indian Self-Determination Act with respect to: (1) tribal contracts; (2) exemption of tribal organizations from liability for under- and over-recoveries of indirect costs; (3) application of the Federal Tort Claims Act to the actual operation of emergency medical motor vehicles; and (4) land transfers.

Title III: Amendments to Other Acts - Amends the Indian Lands Consolidation Act to revise escheat provisions.

Amends Federal law with respect to: (1) the boundaries of the Quinault Indian Reservation; (2) the application of tribal foreclosure law on Indian trust land; and (3) the Secretary's authority to invest trust funds in debt obligations issued or guaranteed by the United States, or in mutual funds.

Amends the Indian Financing Act to revise the Secretary of the Interior's loan authority.

Title IV: Public Health Service Act - Amends the Public Health Service Act to provide that funds for scholarships for Native Hawaiians may be provided to the Kamehameha Schools/Bishop Estate by means other than a contract.

Title V: Board of Institute of American Indian and Alaska Native Culture and Arts Development - Amends the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act to authorize the Board of Trustees of the Institute of American Indian and Alaska Native Culture and Arts Development to provide that interest and earnings from investments may be used by the Institute to carry out its functions. Holds the Board to a reasonable and prudent standard of care in making such investment decisions.

Authorizes the Board to obtain insurance to cover all Institute activities, including property and liability insurance coverage, or make other provisions against losses.

Requires the Museum of American Indian and Alaska Native Arts to be established within the Institute under the direction of the Institute's President.

Holds the Institute responsible only for: (1) all obligations incurred by it after June 2, 1988; and (2) actions and requirements, administrative, regulatory, or statutory in nature, for events which occurred after July 1, 1988, including submission of reports, audits, and other required information. Makes the Secretary of the Interior responsible for Institute obligations incurred on or before June 2, 1988, including those accrued before that date which became payable within two years of it. Prohibits the United States from seeking monetary damage or repayment for commission of events, or omission to comply with administrative or regulatory requirements, for any action prior to June 2, 1988.

Exempts Institute appropriations from consideration as Federal funds for purposes of certain Federal requirements for non-Federal matching funds for other Federal assistance.

Divides the Institute endowment program into a program enhancement endowment and a separate special capital improvement endowment. Allows in-kind contributions and interest from the endowments to be applied toward non-Federal matching requirements. Allows the Federal share of the capital improvement endowment to be removed and used, without penalty, two years after deposit.

Directs the Secretary of the Treasury to transfer appropriations for the Institute for FY 1992 and thereafter through the most expeditious method available, with the Institute being designated as its own certifying agency. Authorizes forward funding for Institute programs.

Title VI: Miscellaneous Provisions - Prohibits the Federal Energy Regulatory Commission from issuing a license for the development of hydroelectric power at the Army Corps of Engineers' Cochiti Dam located on the Pueblo de Cochiti Indian Reservation in New Mexico.

Directs the Secretary of Education to reassess the amount owed by the Dakota Wesleyan University, located in Mitchell, South Dakota.