[Congressional Record Volume 162, Number 114 (Thursday, July 14, 2016)]
[Senate]
[Pages S5177-S5178]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE CONCURRENT RESOLUTION 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

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

                            S. Con. Res. 49

       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

[[Page S5178]]

     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.

                          ____________________