Tribal Cultural and Historic Preservation:
An Overview of NAGPRA and Other Federal Laws
Natural and Cultural Resources
February 29 - March 1 |
Las Vegas, NV | Hard Rock Hotel
(4455 Paradise Road, Las Vegas, NV 89109)
For a rate of $79 call 800-693-7625 by January 20th and mention Falmouth Institute.
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$804 |
 The right of tribes to preserve and protect their history and culture both on and off Indian lands should never be in question. As history illustrates, however, many non-Indian groups, such as states, Park Service employees, advisory committees and even collectors, affect this most basic right.
This course examines the major laws that address historical, archeological, graves protection and religious freedom rights of individual Indians and Indian tribes. The principles of each statute will be carefully outlined to clearly explain tribal and other parties’ rights and responsibilities under each law.
Yet, a full understanding of the law is only the first step. We’ll also concentrate on creating innovative protection and preservation solutions. Through interactive exercises, group discussions and case studies, learn how to use the law as a tool for developing preservation strategies for your tribe. Identify techniques that will best suit your tribal needs, like implementing an educational program or, if necessary, taking legislative action. Discuss effective strategies, standard practices and innovative plans to protect your tribe’s precious cultural and historic resources. Please click here to view the brochure.
Topics that will be covered include:
Overview of the Law
- Tribal cultural and historic preservation law
- Summary of federal law
- Repatriation law
National Historic Preservation Act (NHPA)
- History and regulations
- Park Service Bulletin 38 guidelines
- Traditional Indian cultural properties
- Role of the National Advisory Council
- Authority of state historic preservation officers
- Tribal preservation programs
- Confidentiality and exception to FOIA
- Tribal authority over non-tribal lands
- Office of Management and Budget review
Archaeological Resources Protection Act
(ARPA)
- History and regulations
- Items and places covered under ARPA
- Definition of “Indian land”
- Prohibited acts
- Permit requirements
- Criminal and civil penalties
- Tribal authority to regulate
American Indian Religious Freedom Act
(AIRFA)
- History of the Act
- Religious rights protected
- Access to sites
- Ceremonies and traditional rights
- Tribal input regarding land management decisions
- Ling v. Northwest Indian Cemetery
Protection Association
- Executive Order 13007
- Accommodation by federal agencies
- Maintaining confidentiality of
Indian information
Native American Graves Protection and
Repatriation Act (NAGPRA)
- NAGPRA implementation and penalties
- Categories of cultural items
- Item identification (museums and agencies)
- Repatriation of human remains and cultural items
- The Smithsonian Institution
- Excavations on federally owned Indian lands
- Developing a repatriation program
- Legislative update
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National Environmental Policy Act (NEPA)
- Overview of NEPA
- Protecting historic, cultural and
natural heritage from impacts of
federal actions
Case Law
- Navajo Nation v. U.S. Forest
Service
- Snowbowl development controversy
Crafting Innovative Preservation and
Protection Solutions
- Legislative approaches
- Pan-tribal organizations
- Capturing a public constituency
- Proactive affiliation research
- Education
- Museums
- How to use your tribal ordinance
Other Opportunities for Preservation,
Protection and Funding
- Antiquities Act
- Archaeological and Historic Preservation
Act
- Department of Transportation Act
- Wild and Scenic Rivers Act
- American Folklife Preservation
Act
Establishing Cultural Affiliation
- Scientific sources
- Traditional sources
- Legal sources
Conflicts and Obstacles to Preservation
- Protecting tribal interests
- Educating the general public
- Bear Butte/Motorcycle Rally controversy
- The impact of mainstream perceptions
- Conflicting ethnic and cultural claims
- Federal vs. state, county or local interests
- Challenges to education
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