[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 122 Engrossed Amendment Senate (EAS)]

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                  In the Senate of the United States,

                                                     November 30, 2016.
    Resolved, That the resolution from the House of Representatives (H. 
Con. Res. 122) entitled ``Concurrent resolution supporting efforts to 
stop the theft, illegal possession or sale, transfer, and export of 
tribal cultural items of American Indians, Alaska Natives, and Native 
Hawaiians in the United States and internationally.'', do pass with the 
following

                              AMENDMENTS:

(1)Strike all after the resolving clause and insert the following:

SECTION 1. SHORT TITLE.

    This concurrent resolution may be cited as the ``Protection of the 
Right of Tribes to stop the Export of Cultural and Traditional 
Patrimony Resolution'' or the ``PROTECT Patrimony Resolution''.

SEC. 2. DEFINITIONS.

    In this resolution:
            (1) Native american.--The term ``Native American'' means--
                    (A) with respect to an individual, an individual 
                who is a member of an Indian tribe (as defined in 
                section 2 of the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001)); and
                    (B) with respect to the cultural nature or 
                significance of an item, right, or other object or 
                concept, being of or significant to--
                            (i) an Indian tribe (as defined in section 
                        2 of the Native American Graves Protection and 
                        Repatriation Act (25 U.S.C. 3001)); or
                            (ii) a Native Hawaiian organization (as 
                        defined in that section (25 U.S.C. 3001)).
            (2) Tribal cultural item.--The term ``tribal cultural 
        item'' has the meaning given the term ``cultural item'' in 
        section 2 of the Native American Graves Protection and 
        Repatriation Act (25 U.S.C. 3001).

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Tribal cultural items--
                    (A) have ongoing historical, traditional, or 
                cultural importance central to a Native American group 
                or culture;
                    (B) cannot be alienated, appropriated, or conveyed 
                by any individual; and
                    (C) are vital to Native American cultural survival 
                and the maintenance of Native American ways of life.
            (2) The nature and description of tribal cultural items are 
        sensitive and to be treated with respect and confidentiality, 
        as appropriate.
            (3) Violators often export tribal cultural items 
        internationally with the intent of evading Federal and tribal 
        laws.
            (4) Tribal cultural items continue to be removed from the 
        possession of Native Americans and sold in black or public 
        markets in violation of Federal and tribal laws, including laws 
        designed to protect Native American cultural property rights.
            (5) The illegal trade of tribal cultural items involves a 
        sophisticated and lucrative black market, where the items are 
        traded through domestic markets and then are often exported 
        internationally.
            (6) Auction houses in foreign countries have held sales of 
        tribal cultural items from the Pueblo of Acoma, the Pueblo of 
        Laguna, the Pueblo of San Felipe, the Hopi Tribe, and other 
        Indian tribes.
            (7) After tribal cultural items are exported 
        internationally, Native Americans have difficulty stopping the 
        sale of the items and securing their repatriation to their home 
        communities, where the items belong.
            (8) Federal agencies have a responsibility to consult with 
        Native Americans to stop the theft, illegal possession or sale, 
        transfer, and export of tribal cultural items.
            (9) An increase in the investigation and successful 
        prosecution of violations of the Native American Graves 
        Protection and Repatriation Act (25 U.S.C. 3001 et seq.) and 
        the Archaeological Resources Protection Act of 1979 (16 U.S.C. 
        470aa et seq.) is necessary to deter illegal trading in tribal 
        cultural items.
            (10) Many Indian tribes and tribal organizations have 
        passed resolutions condemning the theft and sale of tribal 
        cultural items, including the following:
                    (A) The National Congress of American Indians 
                passed Resolutions SAC-12-008 and SD-15-075 to call on 
                the United States, in consultation with Native 
                Americans--
                            (i) to address international repatriation; 
                        and
                            (ii) to take affirmative actions to stop 
                        the theft and illegal sale of tribal cultural 
                        items both domestically and internationally.
                    (B) The All Pueblo Council of Governors, 
                representative of 20 Pueblo Indian tribes--
                            (i) noted that the Pueblo Indian tribes of 
                        the Southwestern United States have been 
                        disproportionately affected by the sale of 
                        tribal cultural items both domestically and 
                        internationally in violation of Federal and 
                        tribal laws; and
                            (ii) passed Resolutions 2015-12 and 2015-13 
                        to call on the United States, in consultation 
                        with Native Americans--
                                    (I) to address international 
                                repatriation; and
                                    (II) to take affirmative actions to 
                                stop the theft and illegal sale of 
                                tribal cultural items both domestically 
                                and internationally.
                    (C) The United South and Eastern Tribes, an 
                intertribal organization comprised of 26 federally 
                recognized Indian tribes, passed Resolution 2015:007, 
                which calls on the United States to address all means 
                to support the repatriation of tribal cultural items 
                from beyond United States borders.
                    (D) The Inter-Tribal Council of the Five Civilized 
                Tribes, uniting the Chickasaw, Choctaw, Cherokee, 
                Muscogee (Creek), and Seminole Nations, passed 
                Resolution 12-07, which requests that the United 
                States, after consultation with Native Americans, 
                assist in international repatriation and take immediate 
                action to address repatriation.

SEC. 4. DECLARATION OF CONGRESS.

    Congress--
            (1) condemns the theft, illegal possession or sale, 
        transfer, and export of tribal cultural items;
            (2) calls on the Secretary of the Interior, the Secretary 
        of State, the Secretary of Commerce, the Secretary of Homeland 
        Security, and the Attorney General to consult with Native 
        Americans, including traditional Native American religious 
        leaders, in addressing the practices described in paragraph 
        (1)--
                    (A) to take affirmative action to stop the 
                practices; and
                    (B) to secure repatriation of tribal cultural items 
                to Native Americans;
            (3) supports the efforts of the Comptroller General of the 
        United States--
                    (A) to determine the scope of illegal trafficking 
                in tribal cultural items domestically and 
                internationally; and
                    (B) to discuss with Native Americans, including 
                traditional Native American religious leaders, relevant 
                Federal officials, and other individuals and entities, 
                as appropriate, the steps required--
                            (i) to end illegal trafficking in, and the 
                        export of, tribal cultural items; and
                            (ii) to secure repatriation of tribal 
                        cultural items to the appropriate Native 
                        Americans;
            (4) supports the development of explicit restrictions on 
        the export of tribal cultural items; and
            (5) encourages State and local governments and interested 
        groups and organizations to work cooperatively in--
                    (A) deterring the theft, illegal possession or 
                sale, transfer, and export of tribal cultural items; 
                and
                    (B) securing the repatriation of tribal cultural 
                items to the appropriate Native Americans.

(2)Strike the preamble.

            Attest:

                                                             Secretary.
114th CONGRESS

  2d Session

                            H. CON. RES. 122

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                               AMENDMENTS