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SAA Statement on Proposed NAGPRA Amendment

Proposed NAGPRA Amendment

S. 2843, the Native American Technical Corrections Act, sponsored by Senator Campbell (R-CO), was reported out of the Senate Indian Affairs Committee to the full Senate last week. Section 14 of the bill would alter the definition of "Native American" in the Native American Graves Protection and Repatriation Act in order to address a recent court ruling that the remains known as Kennewick Man do not meet the legal definition of Native American in NAGPRA.

The way in which this amendment to NAGPRA was introduced has raised concerns for SAA. The Society participated in the development and passage of the law and has been consulted as a stakeholder in NAGPRA issues since that time. SAA and many other stakeholders were not consulted or even informed that the amendment was going to be proposed; no hearings or discussion of this significant change in the law will be held prior to Senate consideration of the bill.

After some the discussion of the issues involved, SAA's Board of Directors has agreed on the following position:

    Because NAGPRA is a compromise law formulated
    through an open, deliberative process
    involving all the concerned parties, SAA is
    opposed to changes in this important
    legislation being made without a full and
    open hearing. SAA is not opposed to the
    substance of this proposed amendment, which
    affirms the Society's position that the
    definition of "Native American" was intended
    to include tribes, peoples, and cultures
    that were once indigenous to the United
    States as well as those presently recognized
    as indigenous, but we are strongly opposed
    to the process through which this amendment
    is being put forward.

SAA is discussing the serious procedural questions about this bill with Capitol Hill staffers and working with partner organizations to address this issue. More detailed information will be provided to SAA members in the next Government Affairs Update.

Members may sign up for emailed SAA Government Affairs Updates by sending an email subscription request to gov_affairs@saa.org.

Last Modified: Tuesday October 05 2004