Bill Overview
Title: Native American Burial Sites and Cultural Resources Protection Act
Description: This bill directs the Department of the Army to identify, and cooperate with appropriate property owners to set aside, areas that may be used for the reburial of Native American human remains and funerary objects that have been identified or discovered at the site of a civil works project carried out, or operated and maintained, using federal funds; have been rightfully claimed by any affected Indian tribe; and can be reburied in a manner secure from future disturbances. Army shall issue written guidance for recovery and reburial that meets or exceeds the recovery and reburial standards in policy statements and guidance issued by the Advisory Council on Historic Preservation. Army may not exercise the power of eminent domain to acquire any property for use for reburial. Army may convey to an affected Indian tribe for use as a cemetery or reburial area any area that is located on land owned by Army and has been identified and set aside in accordance with this bill.
Sponsors: Rep. LaMalfa, Doug [R-CA-1]
Target Audience
Population: Native American communities
Estimated Size: 9700000
- There are 574 federally recognized Native American tribes in the United States, according to the Bureau of Indian Affairs.
- The US Census Bureau estimates that there are approximately 9.7 million people who identify as Native American or Alaska Native alone or in combination with one or more other races (as of 2020).
- Native American burial practices and the protection of cultural resources are of significant importance to Native American communities across the United States.
- Laws protecting burial sites can have an impact on the cultural and spiritual well-being of Native American communities.
- The Department of the Army has civil works projects across the United States that could potentially impact multiple regions where these tribes are located.
- Federal laws regarding Native American graves like the Native American Graves Protection and Repatriation Act (NAGPRA) have national scope and relevance to all federally recognized tribes.
Reasoning
- The bill focuses on Native American communities and their cultural resources, impacting around 9.7 million individuals who identify as Native American or Alaska Native. These communities are deeply affected culturally and spiritually by the protection of burial sites, therefore the impact is mainly concentrated among this group.
- There are limitations in the policy's geographic scope because it depends on the presence of civil works projects carried out by the Department of the Army. This means not all regions will be equally impacted.
- The budget constraints will influence how many sites can be protected initially, with $20,000,000 available in year 1. This likely limits the immediate widespread implementation of the policy, but the gradual increase in budget suggests a growing scope over time.
- Considering the sensitivity and profound importance of burial sites in Native American culture, even a small number of protected sites can have a high impact on the well-being of the individuals directly affected.
Simulated Interviews
Tribal Cultural Preservation Officer (Arizona)
Age: 45 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 20.0 years
Commonness: 4/20
Statement of Opinion:
- This policy is crucial for the protection of our ancestors. It will give peace of mind and help us preserve our cultural heritage.
- I believe this sets a strong precedent for respectful treatment of burial sites.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 9 | 7 |
| Year 5 | 9 | 7 |
| Year 10 | 10 | 8 |
| Year 20 | 10 | 8 |
Farmer (North Dakota)
Age: 60 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 5.0 years
Commonness: 10/20
Statement of Opinion:
- I support the protection of burial sites, but I hope it doesn't interfere with my agricultural activities.
- As long as my property isn't taken without consent, I can work with the policy.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 5 |
| Year 2 | 5 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 6 | 5 |
| Year 10 | 6 | 5 |
| Year 20 | 6 | 5 |
Environmental Consultant (Washington)
Age: 37 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 15.0 years
Commonness: 8/20
Statement of Opinion:
- The policy forms an important part of my work and it is vital for the cultural preservation of these areas.
- This will probably increase the demand for thorough cultural assessments, which is good for my business.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 7 |
| Year 10 | 9 | 7 |
| Year 20 | 9 | 8 |
Tribal Elder (Oklahoma)
Age: 52 | Gender: female
Wellbeing Before Policy: 8
Duration of Impact: 20.0 years
Commonness: 5/20
Statement of Opinion:
- Finally, a federal action that respects our burial traditions and gives agency to tribes in protecting sites.
- This will strengthen our community as we safeguard our history.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 9 | 8 |
| Year 2 | 9 | 8 |
| Year 3 | 10 | 8 |
| Year 5 | 10 | 8 |
| Year 10 | 10 | 8 |
| Year 20 | 10 | 8 |
Army Corps Engineer (California)
Age: 28 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 10/20
Statement of Opinion:
- This policy will require us to collaborate more with Native communities, which is a positive step for inclusivity in our projects.
- It may increase project timelines, but it's worth it for the cultural respect it fosters.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 8 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 9 | 7 |
| Year 20 | 9 | 7 |
Retired Historian (New Mexico)
Age: 70 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 15.0 years
Commonness: 7/20
Statement of Opinion:
- A necessary policy that acknowledges historical injustices and aims to rectify them.
- Hopeful that it induces more comprehensive protections over time.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 9 | 7 |
| Year 5 | 9 | 7 |
| Year 10 | 9 | 7 |
| Year 20 | 9 | 8 |
Park Ranger (Montana)
Age: 33 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 12.0 years
Commonness: 8/20
Statement of Opinion:
- Policies like this assist in public education efforts about cultural importance and visitation policies.
- We need more comprehensive plans like these to preserve and protect cultural sites.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 9 | 7 |
| Year 10 | 9 | 8 |
| Year 20 | 9 | 8 |
Journalist (South Dakota)
Age: 40 | Gender: female
Wellbeing Before Policy: 8
Duration of Impact: 20.0 years
Commonness: 6/20
Statement of Opinion:
- This legislation highlights important cultural issues that have long been overlooked.
- It's a positive change that will help protect our heritage for future generations.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 9 | 8 |
| Year 2 | 9 | 8 |
| Year 3 | 9 | 8 |
| Year 5 | 10 | 8 |
| Year 10 | 10 | 9 |
| Year 20 | 10 | 9 |
Student (Texas)
Age: 25 | Gender: other
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 12/20
Statement of Opinion:
- This policy is a vital step for inclusion and reflects respect for Native traditions.
- I hope it leads to more research opportunities and educational outreach.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 8 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 7 |
| Year 10 | 9 | 7 |
| Year 20 | 9 | 8 |
Tribal Activist (Alaska)
Age: 50 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 6/20
Statement of Opinion:
- Though far removed, policies like this reinforce the ongoing battle for indigenous rights nationally.
- It may not have an immediate effect here, but it brings hope and potential for similar actions.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 8 | 7 |
| Year 20 | 9 | 8 |
Cost Estimates
Year 1: $20000000 (Low: $15000000, High: $30000000)
Year 2: $21000000 (Low: $15750000, High: $31500000)
Year 3: $22050000 (Low: $16537500, High: $33075000)
Year 5: $24255000 (Low: $18191250, High: $36382500)
Year 10: $29200000 (Low: $21900000, High: $36500000)
Year 100: $84000000 (Low: $63000000, High: $105000000)
Key Considerations
- While the policy is anticipated to involve ongoing costs, it addresses vital cultural and spiritual needs of Native American tribes, which are non-quantifiable benefits.
- Effective implementation will require cooperation between multiple stakeholders, including federal agencies, private landowners, and tribal governments.
- The prohibition of the use of eminent domain focuses on voluntary cooperation with property owners, potentially complicating the acquisition process for burial lands.
- The potential for transfer of Army-owned land to tribes aligns with the federal policy of self-determination for Native tribes, providing them direct control over burial sites.