★(Star Print)
In the Senate of the United States, 
November 30, 2016. 
Resolved, That the resolution from the House of Rep-
resentatives (H. Con. Res. 122) entitled ‘‘Concurrent resolu-
tion 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.’’, do pass with the following 
AMENDMENTS: 
Ω1æStrike all after the resolving clause and insert the fol-
lowing: 
SECTION 1. SHORT TITLE. 
This concurrent resolution may be cited as the ‘‘Protec-
tion 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:
† HCON 122 EAS1S 
(1) NATIVE
AMERICAN.—The term ‘‘Native 
American’’ means— 
(A) with respect to an individual, an indi-
vidual 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 sec-
tion 2 of the Native American Graves Pro-
tection 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 ‘‘cul-
tural 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—
† HCON 122 EAS1S 
(A) have ongoing historical, traditional, or 
cultural importance central to a Native Amer-
ican 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 Amer-
ican 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 in-
volves 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
† HCON 122 EAS1S 
Acoma, the Pueblo of Laguna, the Pueblo of San 
Felipe, the Hopi Tribe, and other Indian tribes. 
(7) After tribal cultural items are exported inter-
nationally, 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 con-
sult with Native Americans to stop the theft, illegal 
possession or sale, transfer, and export of tribal cul-
tural items. 
(9) An increase in the investigation and success-
ful prosecution of violations of the Native American 
Graves Protection and Repatriation Act (25 U.S.C. 
3001 et seq.) and the Archaeological Resources Protec-
tion Act of 1979 (16 U.S.C. 470aa et seq.) is nec-
essary to deter illegal trading in tribal cultural items. 
(10) Many Indian tribes and tribal organiza-
tions have passed resolutions condemning the theft 
and sale of tribal cultural items, including the fol-
lowing: 
(A) The National Congress of American In-
dians passed Resolutions SAC–12–008 and SD– 
15–075 to call on the United States, in consulta-
tion with Native Americans—
† HCON 122 EAS1S 
(i) to address international repatri-
ation; 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 repa-
triation; 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 fed-
erally recognized Indian tribes, passed Resolu-
† HCON 122 EAS1S 
tion 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, Choc-
taw, Cherokee, Muscogee (Creek), and Seminole 
Nations, passed Resolution 12–07, which requests 
that the United States, after consultation with 
Native Americans, assist in international repa-
triation 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 Sec-
retary of State, the Secretary of Commerce, the Sec-
retary of Homeland Security, and the Attorney Gen-
eral to consult with Native Americans, including tra-
ditional Native American religious leaders, in ad-
dressing the practices described in paragraph (1)— 
(A) to take affirmative action to stop the 
practices; and
† HCON 122 EAS1S 
(B) to secure repatriation of tribal cultural 
items to Native Americans; 
(3) supports the efforts of the Comptroller Gen-
eral of the United States— 
(A) to determine the scope of illegal traf-
ficking in tribal cultural items domestically and 
internationally; and 
(B) to discuss with Native Americans, in-
cluding traditional Native American religious 
leaders, relevant Federal officials, and other in-
dividuals 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 cul-
tural items to the appropriate Native Amer-
icans; 
(4) supports the development of explicit restric-
tions on the export of tribal cultural items; and 
(5) encourages State and local governments and 
interested groups and organizations to work coopera-
tively in— 
(A) deterring the theft, illegal possession or 
sale, transfer, and export of tribal cultural items; 
and
† HCON 122 EAS1S 
(B) securing the repatriation of tribal cul-
tural items to the appropriate Native Americans. 
Ω2æStrike the preamble. 
Attest: 
Secretary.