[Congressional Record Volume 162, Number 143 (Wednesday, September 21, 2016)]
[House]
[Pages H5772-H5774]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 PROTECTION OF THE RIGHT OF TRIBES TO STOP THE EXPORT OF CULTURAL AND 
                    TRADITIONAL PATRIMONY RESOLUTION

  Mr. BISHOP of Michigan. Mr. Speaker, I move to suspend the rules and 
agree to the concurrent resolution (H. Con. Res. 122) 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, as 
amended.
  The Clerk read the title of the concurrent resolution.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 122

       Whereas this 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'';
       Whereas the tribal cultural items of American Indians, 
     Alaska Natives, and Native Hawaiians (collectively ``tribes'' 
     or ``Native Americans'') in the United States of America 
     include ancestral remains; funerary objects; sacred objects; 
     and objects of cultural patrimony (hereinafter ``tribal 
     cultural items''), which are objects that have ongoing 
     historical, traditional, or cultural importance central to a 
     Native American group or culture itself, and which, 
     therefore, cannot be alienated, appropriated, or conveyed by 
     any individual;
       Whereas tribal cultural items are vital to tribal cultural 
     survival and the maintenance of tribal ways of life;
       Whereas the nature and the description of tribal cultural 
     items are sensitive and to be treated with respect and 
     confidentiality, as appropriate;
       Whereas violators often export tribal cultural items 
     overseas with the intent of evading Federal and tribal laws;
       Whereas tribal cultural items continue to be removed from 
     tribal possession and sold in black or public markets in 
     violation of Federal and tribal laws, including laws designed 
     to protect tribal cultural property rights;
       Whereas the illegal trade of tribal cultural items involves 
     a sophisticated and lucrative black market, as items make 
     their way through domestic markets, and then are often 
     exported overseas;
       Whereas 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 tribes;
       Whereas after tribal cultural items are exported abroad, 
     tribes have difficulty stopping the sale of these items and 
     securing their repatriation to their home communities, where 
     the items belong;
       Whereas Federal agencies have a responsibility to consult 
     with tribes to stop the theft, illegal possession or sale, 
     transfer, and export of tribal cultural items;
       Whereas 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 (16 U.S.C. 470aa-
     470mm) is necessary to deter illegal traders; and
       Whereas many tribes and tribal organizations have passed 
     resolutions condemning the theft and sale of tribal cultural 
     items, including--
       (1) the National Congress of American Indians passed 
     Resolutions SAC-12-008 and SD-15-075 to call upon the United 
     States, in consultation with tribes, to address international 
     repatriation and take affirmative actions to stop the theft 
     and illegal sale of tribal cultural items both domestically 
     and abroad;
       (2) the All Pueblo Council of Governors, representative of 
     20 Pueblo Indian tribes, noting that the Pueblo Indian tribes 
     of the southwestern United States have been 
     disproportionately affected by the illegal sale of tribal 
     cultural items both domestically and internationally and in 
     violation of Federal and tribal laws, passed Resolutions Nos. 
     2015-12 and 2015-13 to call upon the United States, in 
     consultation with tribes, to address international 
     repatriation and take affirmative actions to stop the theft 
     and illegal sale of tribal cultural items both domestically 
     and abroad;
       (3) the United South and Eastern Tribes, an intertribal 
     organization comprised of twenty-six federally recognized 
     tribes, passed Resolution No. 2015:007, which calls

[[Page H5773]]

     upon the United States to address all means to support 
     repatriation of ancestral remains and cultural items from 
     beyond United States borders; and
       (4) the Inter-Tribal Council of the Five Civilized Tribes, 
     uniting the Chickasaw, Choctaw, Cherokee, Muscogee (Creek), 
     and Seminole Nations, passed Resolution No. 12-07, which 
     requests that the United States assist in international 
     repatriations and take immediate action, after consultation 
     with tribes, to address repatriation: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That Congress--
       (1) condemns the theft, illegal possession or sale, 
     transfer, and export of tribal cultural items;
       (2) calls upon the Secretaries of the Department of the 
     Interior, the Department of State, the Department of 
     Commerce, and the Department of Homeland Security and the 
     Attorney General to consult with tribes and traditional 
     Native American religious leaders in addressing this 
     important issue, to take affirmative action to stop these 
     illegal practices, and to secure repatriation of tribal 
     cultural items to tribes;
       (3) supports the development of explicit restrictions on 
     the export of tribal cultural items; and
       (4) encourages State and local governments and interested 
     groups and organizations to work cooperatively in deterring 
     the theft, illegal possession or sale, transfer, and export 
     of tribal cultural items and in securing the repatriation of 
     tribal cultural items.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Bishop) and the gentlewoman from Texas (Ms. Jackson Lee) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. BISHOP of Michigan. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous materials on H. Con. Res. 122, 
currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. BISHOP of Michigan. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise today in support of H. Con. Res. 122, the PROTECT 
Patrimony Resolution, which expresses support for efforts to stop the 
theft, illegal sale, and trafficking of Native American tribal cultural 
items. I commend my colleague from New Mexico (Mr. Pearce) for 
introducing this important resolution.
  The United States is home to 567 federally recognized tribes. Tribal 
cultural items and sacred artifacts of these tribes are central to 
Native American culture and religion. As we study and learn from these 
items, it is imperative that we also protect them from theft and 
commercialization for personal gain.
  The extent and nature of this illegal activity is largely 
understudied. While the exact numbers have yet to be determined, the 
Bureau of Indian Affairs reports in its most recent statistics that 
more than 8,000 objects of cultural patrimony have been repatriated 
since 1990. It remains unclear, however, how many items have been 
stolen or illegally sold. We must obtain more comprehensive data to 
better understand the nature of this issue.
  For that reason, I joined Congressman Pearce and Crime, Terrorism, 
Homeland Security, and Investigations Subcommittee Chairman 
Sensenbrenner in requesting a study by the Government Accountability 
Office to determine how the Federal Government can help prevent the 
illegal excavation and removal of cultural items from Federal and 
tribal land, the status of Federal agency efforts to repatriate Native 
American cultural items, and information about the international market 
for trafficking these cultural items.
  Several auctions around the world have been criticized for routinely 
selling Native American goods. Earlier this year, the planned sale of 
an Acoma shield used in religious ceremonies was halted after the 
Federal Government and the Acoma Tribe advocated for its repatriation, 
claiming that there was reason to believe that this object was stolen.
  H. Con. Res. 122 condemns the theft, illegal possession, or sale and 
export of tribal cultural items; supports the development of explicit 
restrictions on the export of tribal cultural items; calls upon the 
secretaries of various Federal agencies and the Attorney General to 
take affirmative steps to secure the repatriation of these items to 
their respective tribes, and encourages cooperation between 
governmental and tribal entities in these efforts.

                              {time}  1930

  Protection of tribal cultural items is critical to maintaining our 
Nation's cultural heritage. I look forward to obtaining more 
information through the GAO's research, and I urge passage of the 
resolution sponsored by my colleague, Congressman Pearce.
  I reserve the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in strong support of H. Con. Res. 122, the 
Protection of the Right of Tribes to stop the Export of Cultural and 
Traditional Patrimony Resolution, or the PROTECT Patrimony Resolution. 
I commend Mr. Pearce and his Democratic cosponsor, Ms. McCollum, for 
their leadership on this issue.
  This important resolution condemns the theft, illegal possession, 
sale, transfer, and export for tribal cultural items belonging to 
American Indians, Alaska Natives, and American Hawaiians in the United 
States and internationally.
  For those of us who have visited reservations, such as those in the 
State of Texas and Pueblos in New Mexico, we are well aware of the 
long, long history of Native Americans throughout the United States. 
For far too long, Native Americans have struggled to protect their 
sacred and cultural artifacts--such as ancestral remains, funerary 
objects, and sacred items--from thieves who steal these precious 
objects, all in the pursuit of profits; and I hope it will now stop.
  These irreplaceable objects are vital to the survival of tribal 
culture and to the maintenance of tribal ways of life. Yet, time and 
again, they are stolen by thieves who come in the dark of the night 
with axes, shovels, and even power tools to remove them from historical 
sites, which are often destroyed in the process.
  In turn, these tribal cultural items are illegally sold domestically 
and internationally through black and public markets in violation of 
Federal and tribal laws that protect tribal cultural property rights. 
The loss of these artifacts harms not only Native Americans but all 
Americans. It robs our Nation of an incredibly important opportunity to 
learn from and respect these rich and vibrant cultures.
  In recognition of these concerns, H. Con. Res. 122 calls upon various 
Federal agencies to consult with Native American tribes and their 
religious leaders in order to better understand the problem and, 
thereby, stop these illegal practices and repatriate stolen tribal 
cultural items to their rightful owners.
  This resolution also asks the Government Accountability Office to 
study the scope of illegal trafficking in these artifacts, both 
domestically and internationally, which will help identify ways to end 
illegal trafficking.
  Further, the resolution expresses support for the development of 
explicit restrictions on the export of tribal cultural items. 
Specifically, it encourages cooperation among State and local 
governments, as well as groups and organizations, in an effort to deter 
the theft, illegal possession, sale, and export of these items.
  Accordingly, I support H. Con. Res. 122.
  I reserve the balance of my time.
  Mr. BISHOP of Michigan. Mr. Speaker, I yield 5 minutes to the 
gentleman from New Mexico (Mr. Pearce), the sponsor of the resolution.
  Mr. PEARCE. Mr. Speaker, I thank Mr. Bishop for yielding the time. I 
appreciate the comments from my colleague, the gentlewoman from Texas 
(Ms. Jackson Lee), on this significant bill and resolution that we are 
talking about tonight.
  I grew up in the corner of New Mexico that does not have Indian 
tribes in it, so when I was elected to Congress in 2003, I began 
service, started traveling into some of the Indian reservations, and 
slowly began to develop relationships and friendships with those 
tribes.
  In 2013, one of my friends from Laguna Pueblo called and said: we 
have one of our culturally significant items that is going on sale in 
Paris and in France.

[[Page H5774]]

  And he said: we are going to try to buy it, but we are not sure that 
we can bring it home.
  They ended up purchasing that item at the auction. And, sure enough, 
France would not allow them to take it out of the country, so we 
negotiated between our State Department and the French State 
Department. Finally, they were allowed to bring that item out.
  They bought a first-class ticket for it. It was so significant that 
they did not want to let it travel as cargo in the hold of the 
airplane, instead, buying that first-class ticket to where it would sit 
there in the compartment with them.
  Now, that is not a culture that I was familiar with until I began to 
form friendships among the Native Americans, but it is a story I hear 
repeated.
  The same young man who purchased the item was going to buy the second 
item in that same sale and was dropped off the Internet down on the 
Indian reservation and did not purchase it. It is in his explanation of 
the missing of that second article. He said that he and his wife had 
lost a child in childbirth. And he said the feeling of missing that 
item was exactly the same as losing the child in childbirth.
  Now, that is not something I necessarily can identify with, but I 
certainly identify with the emotions that say there are things that are 
so significant they should not be trafficked in.
  We continued our kind of unofficial visits with the auction house at 
that point, and they began to say: look, many of the collectors would 
simply give the items back. They just don't want to be charged for 
things. These were sold usually in some sort of legal process. And so 
we had discussions, but nothing ever came of it.
  Then again, at that same point, the Hopi Tribe in Arizona had 
articles for sale. One of them cost $130,000. They had to buy them 
back. Again, the French Government would not help them at all. They 
took it to court and were simply turned down.
  This year, Acoma came and said: look, we have got a couple of items 
that are in France, they are going on auction. We contacted the French 
Government, and they were simply resistant.

  So we decided, with the help of the Acoma Tribe, with my friend, Mr. 
Cole, and Ms. McCollum, who has been a champion for Native American 
rights--we all formed the idea of this bill and submitted it. The day 
we submitted the bill, the French pulled the item. It was this time a 
shield from Acoma. They pulled it out of the auction.
  Negotiations are still going on to bring that item back. But the idea 
that we as a government, we as the U.S. Government, should be studying 
these things that are around the world being sold internationally, 
maybe have enough significance that we would want them to be 
repatriated, we would want them to come back to where people would know 
about their heritage.
  Now, as I began to be familiar with the Indian culture, the U.S. 
Government was not always gracious in dealing with those Native 
American tribes. And so the least that we can do is help them 
reestablish that culture that lets them tell the children who are 
coming up about who they were, where they came from, and the things 
that are significant to them.
  When I visit the tribes, occasionally they will bring out canes that 
were given to them to indicate their sovereignty. Those were given by 
Abraham Lincoln. Now, it sends goose bumps up and down my spine when I 
am standing on a tribal ground and they carefully bring out these canes 
that came from Abraham Lincoln to just signify their importance to the 
country. That is the value that their culture places on these items, 
and those items are passed around from one family to another to be in 
charge of the caretaking for it.
  So this resolution today simply says that we want to study it, we 
want to figure out what we can do better, and let's do better.
  Again, I thank my Democrat cosponsors. It is a very good bipartisan 
bill. It is a bicameral piece of legislation. I thank Chairman 
Goodlatte and subcommittee Chairman Sensenbrenner and the entire 
Judiciary Committee staff for the work on it.
  I urge the passage of H. Con. Res. 122.
  Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may 
consume.
  Again, let me thank my good friend, Mr. Pearce, and his cosponsors, 
Ms. McCollum and Mr. Cole, for their leadership.
  In closing, tribal cultural objects play a crucial role in ensuring 
that Native Americans and generations to come retain the opportunity to 
learn about their rich heritage. They help to connect tribal members to 
their history, traditions, and personal identity. The story Mr. Pearce 
told was a moving one and evidences how important this legislation is.
  The theft of these objects is a direct assault against the vitality 
of Native American cultures. When they are stolen or destroyed, a piece 
of that culture is irretrievably gone not only for Native Americans but 
for all Americans and all others to understand that culture.
  Our Nation has a responsibility to do everything in its power to 
protect and return these priceless artifacts. H. Con. Res. 122 
recognizes the importance of this responsibility.
  I, therefore, urge my colleagues to support this resolution.
  I yield back the balance of my time.
  Mr. BISHOP of Michigan. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Bishop) that the House suspend the rules 
and agree to the concurrent resolution, H. Con. Res. 122, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the concurrent resolution, as amended, was 
agreed to.
  A motion to reconsider was laid on the table.

                          ____________________