H. Con. Res. 122 
Agreed to December 1, 2016
One Hundred Fourteenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Monday, 
the fourth day of January, two thousand and sixteen 
Concurrent Resolution 
Resolved by the House of Representatives (the Senate concur-
ring), 
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 Repatri-
ation 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 internation-
ally 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
H. Con. Res. 122—2 
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 prosecu-
tion of violations of the Native American Graves Protection 
and Repatriation Act (25 U.S.C. 3001 et seq.) and the Archae-
ological 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 domesti-
cally and internationally. 
(B) The All Pueblo Council of Governors, representative 
of 20 Pueblo Indian tribes— 
(i) noted that the Pueblo Indian tribes of the South-
western United States have been disproportionately 
affected by the sale of tribal cultural items both domes-
tically 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 domes-
tically and internationally. 
(C) The United South and Eastern Tribes, an inter-
tribal 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 Resolu-
tion 12–07, which requests that the United States, after
H. Con. Res. 122—3 
consultation with Native Americans, assist in international 
repatriation and take immediate action to address repatri-
ation. 
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 tradi-
tional 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
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(B) securing the repatriation of tribal cultural items 
to the appropriate Native Americans. 
Attest: 
Clerk of the House of Representatives. 
Attest: 
Secretary of the Senate.