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The Kennewick Man Case | Court Documents | Amici CuriaeMemorandum in Support of the Motion of the National Congress of American Indians for Leave to Participate as Amicus CuriaeCarl V. Ullman Attorneys for Amicus Curiae Applicant Memorandum in Support of the Motion of the National Congress of American Indians for Leave to Participate as Amicus Curiae The Naitonal Congress of American Indians (NCAI) is a national organization of federally recognized Indian tribes. Established in 1944, NCAI has grown over the years to include 250 member tribes from throughout the United States. NCAI is the oldest,largest, and most representative national Indian organization serving the needs of a broad membership of American Indian and Alaska Native governments. It was founded upon the recognition of the need for unity and cooperation among tribal governments and Indian people in order to secure and protect sovereign and cultural rights. As the preeminent national Indian organization, NCAI has long been the unified voice of tribal governments nationwide on important issues of concern to Indian tribes and Indian people, including the enactment of the Native American Graves Protection and Repatriation Act, U.S.C. 3001, et seq. (NAGPRA) which is at issue in this action. NCAI continues to work to inform th public, the courts, and Congress on the governmental, cultural, and religious rights and interests of American Indians and Alaska Natives. As a major national tribal government organization, NCAI is uniquely positioned to monitor federal policy and, to coordinate tribal efforts to inform federal decisions that affect tribal government interests. Because one of NCAI's longstanding basic goals is the preservation and protection of Native American cultures as well as the right of Native Americans to religious freedom, it has developed expertise in federal law and policy concerning the preservation and protectio of tribal cultures and religion, including the protection and return of the remains of Indian ancestors and the sacred objects buried with them. NCAI has testified a number of times before Congress concerning NAGPRA including the following. In 1990, NCAI offred testimony in favor of the bill that ultimately became the NAGPRA. Congress in enacting NAGPRA sought to strike a balance between scientists' interests in studying ancient human remains and tribal interests in the repatriation and reburial of such remains. In 1998, that balance was threatened by a proposed amendment which tipped the scales in favor of the interests of scientists. NCAI testified in both the House of Representatives and the Senate in opposition to the amendment. Significantly, Congress rejected the amendment. Because NCAI was intimately involved in the passage of NAGPRA, it is ery knowledgeable about the legislative history of NAGPRA, including the legislative goals and the public policies intended to be advanced by this human rights legislation. In addition, NCAI has closely monitored the implementation of the Act to see whether the Act as applied is adequately addressing the needs and concerns of Indian tribes as intended by Congress. This case raises important issues of first impression concerning the implementation of NAGPRA, and will have a significant impact on the rights of Indian tribes in this Nation to bury their dead - rights which non-Indians take for granted. NCAI respectfully requests that this Court allow it the opportunity to present its views on certain issues in this case concerning the implementation of NAGPRA. In particular, NCAI would like the opportunity to present its views on plaintiffs' claims that NAGPRA, as implemented by the United States, violates the Amendment rights of freedom of speech. The Court's rulings on these issues will impact Indians and Indian tribes nationwide, including all the tribes that comprise the membership of NCAI. The Court has the discretion to grant NCAI's motion to appear as amicus curiae. See, Hoptowit v Ray, 782 F.2d.1237, 1260 (9th Cir. 1982). And where, as here, the applicant amicus curiae is in a 'position to provide unique information or perspective that can help the court beyond the help that the lawyers for the parties are able to provide" the Court should grant the applicant's motion to appear as amicus curiae. Community Association for Restoration of the Environment (CARE) v DeRuyter Brothers Dairy, 54 F. Supp.2d 974, (E.D. Washington 1999). NCAI can offer this Court a national tribal perspective on NAGPRA issues in this action. Based on the foregoing points and authorities, NCAI respectfully requests that this Court grant it permission to participate as amicus curiae in this case. Respectfully submitted this 4th day of May, 2001. (signed) Yvonne T. Knight Attorneys for Amicus Curiae Applicant
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