[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 49 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
S. CON. RES. 49

   Supporting efforts to stop the theft, illegal possession or sale, 
   transfer, and export of tribal cultural items of Indians, Alaska 
Natives, and Native Hawaiians in the United States and internationally.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2016

  Mr. Udall (for himself, Mr. McCain, and Mr. Heinrich) submitted the 
following concurrent resolution; which was referred to the Committee on 
                             Indian Affairs

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
   Supporting efforts to stop the theft, illegal possession or sale, 
   transfer, and export of tribal cultural items of Indians, Alaska 
Natives, and Native Hawaiians in the United States and internationally.

    Resolved by the Senate (the House of Representatives 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) an Indian tribe (as defined in section 2 of the 
                Native American Graves Protection and Repatriation Act 
                (25 U.S.C. 3001));
                    (B) a member of an Indian tribe described in 
                subparagraph (A); or
                    (C) a Native Hawaiian (as defined in section 2 of 
                the Native American Graves Protection and Repatriation 
                Act (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) calls on the Comptroller General of the United States--
                    (A) to conduct a study to determine the scope of 
                illegal trafficking in tribal cultural items 
                domestically and internationally; and
                    (B) to identify, in consultation with Native 
                Americans, including traditional Native American 
                religious leaders, 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.
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