Re: Cowlitz IP Coalition part II

tfking106@aol.com
Fri, 23 Feb 1996 06:34:09 -0500


Dave, even if you demonstrate some form of federal involvement, that's not
going to make NAGPRA apply. I think you're confusing the repatriation
requirements of NAGPRA, which apply to any "museum" that's received federal
funds, with the exhumation and discovery provisions of NAGPRA, which apply
only on Federal and tribal lands.

However, there are plenty of other Federal laws that WILL apply if there's
CURRENT Federal involvement -- notably the National Environmental Policy Act,
National Historic Preservation Act, American Indian Religious Freedom Act,
and Religious Freedom Restoration Act. If you can find a federal agency
that's involved -- via funding assistance, permit, or whatever -- and can let
me know what agency it is and how it's involved, I may be able to help you
push the right buttons. Some possibilities include:

* Some branch of the Justice Department that might be providing financial or
technical assistance;

* Another federal financial assistance agency, such as HUD or what used to be
the Farmers Home Administration;

* The Corps of Engineers, which would have to issue a permit if the project
will involve filling a wetland or discharge into a waterway; and

* The State coastal zone agency, if it has to issue a permit for the project
under authorities delegated to it pursuant to the Federal Coastal Zone
Management Act.

Good luck.

Tom King
tfking106@aol.com