[United States Statutes at Large, Volume 130, 114th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

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

Resolved by the House of Representatives (the Senate 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) 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).

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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

[[Page 3054]]

(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.

Agreed to December 1, 2016.