[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 122 Enrolled Bill (ENR)]

        H.Con.Res.122
                                      Agreed to December 1, 2016        

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen


                          Concurrent Resolution

    Resolved by the House of Representatives (the Senate concurring),

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.
Attest:

                                 Clerk of the House of Representatives.

Attest:

                                               Secretary of the Senate.