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Kenneth Kahn Board Vice-Chair | Santa Ynez Band of Chumash Indians

NARF legal review examines progress under Native American Graves Protection Act

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The NARF Legal Review, a semi-annual publication, provides updates on the Native American Rights Fund's (NARF) cases and relevant topics in Indian law. The latest edition covers NARF's cases from Spring 2024 to Fall 2024.

One of the highlighted cases involves the Native American Graves Protection and Repatriation Act (NAGPRA), passed by the U.S. Congress in 1990. This law aims to facilitate the return of Native American human remains and cultural items held by federal agencies and federally funded museums. According to NARF, NAGPRA marked a shift "in basic social attitudes towards Native peoples," addressing long-standing issues where laws protected non-Native cemeteries but failed to safeguard those of Native Americans. Despite initial estimates that repatriation would take about ten years, over three decades later, more than 100,000 human remains are still held by institutions, with Tribal Nations actively seeking their return.

The Legal Review also introduces new resources such as "THE INDIGENOUS PEOPLES’ GUIDE TO THE UNITED NATIONS," which addresses rights violations faced by Indigenous communities globally due to issues like climate change and repatriation. Additionally, a new video series titled "SACRED PLACES AND PUBLIC HEALTH" highlights a gathering in Albuquerque in late 2023 where activists and leaders discussed the link between public health and access to sacred places for Native communities.

Another key focus is the Tribal Supreme Court Project, part of the Tribal Sovereignty Protection Initiative. Staffed by the National Congress of American Indians and NARF, this project aims to improve litigation strategies affecting Tribal Nations' rights. Tribes are encouraged to engage with the project when considering petitions for writs of certiorari before cases reach the Supreme Court.

For further details on NARF’s ongoing work, readers can explore past editions in the Legal Review archive.

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