Explore the consultation process mandated by federal laws as it pertains to Native American sacred lands. Review the guidelines from both tribal and federal land-managing agencies' perspectives. Consider the legal, historical, and cultural factors that influence consulting parties. Discuss ways to use the consultation process in conjunction with other tools, such as land trusts, restrictive covenants, and property purchases by tribes or nonprofit conservancies, to achieve a protected status for culturally significant places.
Claudia Nissley, president, Nissley Environmental Consultants; former director, Western Office, Advisory Council on Historic Preservation and Wyoming State Historic Preservation Officer; specialist in preservation issues relating to NHPA, NEPA, CERCLA, ARPA, and NAGPRA
Review the historical context and intent of the Native American Graves Protection and Repatriation Act (NAGPRA), Archaeological Resources Protection Act (ARPA), and the National Historic Preservation Act (NHPA) as they relate to each other. Learn how these laws apply to the protection of federal and tribal lands and address issues of cultural heritage sites, districts, and landscapes. Examine differences in legal definitions, when and how regulations apply, and permit requirements. Discuss practical applications and effective strategies for developing agreements prior to ground-disturbing actions.
Claudia Nissley, president, Nissley Environmental Consultants; former director, Western Office, Advisory Council on Historic Preservation and Wyoming State Historic Preservation Officer; specialist in preservation issues relating to NHPA, NEPA, CERCLA, ARPA, and NAGPRA
Review the tools and best practices for determining cultural affiliation as part of the requirements of the Native American Graves Protection and Repatriation Act (NAGPRA). Each federal agency and museum with control over Native American human remains must identify cultural affiliation if it can do so on the basis of reasonable belief. Discuss NAGPRA requirements, definitions of critical terminology, grant assistance, and the consultation and review process.
Mary Anne Kenworthy, attorney, Department of Interior; specializing in Indian law and focusing primarily on trust lands, including cultural resources issues; provides training to tribes and law enforcement personnel on implementation and prosecution of violations under ARPA and NAGPRA
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Megon Noble, assistant archaeology collections manager and NAGPRA coordinator, Burke Museum of Natural History and Culture, managing NAGPRA responsibilities including inventory, consultation, determinations of cultural affiliation, and repatriations; collections management instructor
Each federal agency and museum with possession or control over Native American human remains and cultural items must submit summaries and/or inventories to tribes/Native Hawaiian organizations and the National NAGPRA Program. These documents form the basis of notices, published in the Federal Register, allowing for repatriation. Review the requirements for the Native American Graves Protection and Repatriation Act (NAGPRA), discuss the importance of consultation in the completion of compliance documents, and learn how to use the online databases in managing compliance.
Jaime Lavallee, J.D, LL.M., is Muskeg Lake Cree, an S.J.D. candidate, University of Arizona Rogers College of Law; formerly with First Peoples Worldwide, the National Association of Tribal Historic Preservation Officers, and the National NAGPRA Program, National Park Service
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Megon Noble, assistant archaeology collections manager and NAGPRA coordinator, Burke Museum of Natural History and Culture, managing NAGPRA responsibilities including inventory, consultation, determinations of cultural affiliation, and repatriations; collections management instructor
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Mariah Soriano, database and website coordinator, National NAGPRA Program, National Park Service, working with federal agencies, museums, and tribes on inventories and summaries; previously with the Southeast Regional Office as a natural resources data manager
The National NAGPRA Grant Program offers grants to assist museums and Indian tribes with the Native American Graves Protection and Repatriation Act (NAGPRA). The NAGPRA process may include consultation, documentation, and repatriation of human remains and cultural items. Learn how to assess the needs of a NAGPRA program, identify fundable projects, and write and manage a successful grant. Review case studies of grant applications and projects.
Jan I. Bernstein, president, Bernstein & Associates, Native American Graves Protection and Repatriation Act compliance consultants; works with Indian tribes and museums in strategic plan development, writes successful NAGPRA grants, and facilitates project implementation
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Sangita Chari, grants and outreach coordinator, National NAGPRA Program, National Park Service; manages all aspects of the NAGPRA grants program, including both consultation/documentation grants and repatriation grants
Review the use of federal, state, and tribal law to manage and protect Native American cultural property under NAGPRA, ARPA, the Antiquities Act, NHPA, NEPA, AIRFA, The Indian Arts and Crafts Act, Sacred Sites, and selected state and tribal codes, with special emphasis on the collections aspects of NAGPRA. Discussion will cover the government-to-government obligations of federal and state agencies, the fiduciary responsibility to tribes, and applications related to cultural property through human rights law (sec. 1983), contract and tort applications, and intellectual/intangible property law.
Sherry Hutt, J.D., Ph.D., program manager, National NAGPRA Program, National Park Service; trainer and author of books and articles on cultural property law and management; former Superior Court Judge, ARPA prosecutor, and museum trustee
