[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.
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