[Congressional Record Volume 162, Number 172 (Thursday, December 1, 2016)]
[House]
[Page H7100]
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. GOODLATTE. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table 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, with the
Senate amendments thereto, and concur in the Senate amendments.
The Clerk read the title of the concurrent resolution.
The Clerk read the Senate amendments, as follows:
Senate amendments:
(1)Strike all after the resolving clause and insert the
following:
=========================== NOTE ===========================
December 1, 2016, on page H7100, the following appeared:
amendments, as follows: (1)Strike all after the resolving clause
and
The online version has been corrected to read: amendments, as
follows: Senate amendments: (1)Strike all after the resolving
clause and
========================= END NOTE =========================
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.
(2)Strike the preamble.
Mr. GOODLATTE (during the reading). Mr. Speaker, I ask unanimous
consent to dispense with the reading of the Senate amendments.
The SPEAKER pro tempore (Mr. Grothman). Is there objection to the
request of the gentleman from Virginia?
There was no objection.
The SPEAKER pro tempore. Is there objection to the original request
of the gentleman from Virginia?
There was no objection.
A motion to reconsider was laid on the table.
____________________