Tribal Cultural and Historic Preservation: An Overview
of Federal Laws for Protecting Sacred Lands, Artifacts and Graves
Natural Resources
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, challenge
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.
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.
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
- The Kennewick decision
- 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
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
- The impact of mainstream perceptions
- Conflicting ethnic and cultural claims
- Federal vs. state, county or local interests
- Challenges to education
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