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DOI Reverses NAGPRA Position

By , About.com GuideAugust 3, 2005

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Dr. Judith Bense of the Society for Historical Archaeology reports that the Bush Administration's Department of Interior now opposes the McCain amendment altering the definition of Native American, as reported here in the April 12, 2005 article US Cultural Resources in Jeopardy, and commented on by Nellie Longworth.

"On July 28, the Senate held a hearing on the proposed amendment to NAGPRA that would change the definition of Native American. At that meeting, the Department of Interior representative, Paul Hoffman, presented testimony that reversed the agency’s previous position on NAGPRA. The DOI now opposes the McCain amendment definition of "Native American" and supports the Bonnischsen decision in the 9th Circuit Court that "such remains not significantly related to any existing tribe, people or culture...should be available for appropriate scientific analysis". This is incredible news and the experts think that reburial policies could be changed throughout the country. The full testimony from the hearing is on the website for the Senate Committee on Indian Affairs. I hear that the reversal of opinion came from Department of Interior Secretary Norton who studied the ruling of the 9th Circuit court on the Kennewick case and felt that it set precedent. This was a complete surprise."

Judith A. Bense
SHA President

The above comment, originally made on the SHA listserve, was reposted here with the permission of Dr. Bense. The position papers posted on the Senate Committee's website are well worth reading.

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