July 1, 2005 Update
The Senate Committee on Indian Affairs Committee has scheduled hearings on Chairman McCain's bill to expand NAGPRA's definition of Native American. They are now scheduled for July 28, 2005, at 9:30. The panel of invited speakers has not yet been announced, nor has the reference number for this bill.
June 6, 2005 Update
Today, Chairman McCain (Senate Committee on Indian Affairs) cancelled the June 14 hearing. It is our understanding that they will reschedule the hearing. We'll keep you informed.
June 1, 2005
Senator McCain has scheduled Senate Indian Affairs Committee hearings for June 14, 2005 (less than two weeks out) to review the amendment to expand NAGPRA's definition of Native American (S.536 Amendment 108).
One can legitimately ask, what is the urgency for rushing through hearings on this legislation? If you feel that this committee hearing has been scheduled on too short notice to adequately respond please voice your concerns immediately. The public deserves timely notice and opportunity to provide their views. The committee will benefit from thoughtful discussion of the issues and implications.
Voice your concerns and insist on accountability
In a cover letter to Senator McCain state that you want to voice your views on to the McCain amendment 108 to S.536. Be sure to state that you want your views to be included in the record and that you hold them accountable to keep an accurate record.
Copy Senator McCain and all members of the committee.
Copy your state's Senators and Representatives in Congress.
FAX or email with a follow-up US Mail copy of your concerns (mail processing is extremely slow in DC so a letter may not be delivered in time).
Phone calls and faxes are most effective and immediate. The committee and Congress needs to hear from as many people and organizations as quickly as possible about your opposition to the McCain amendment.
Contacts
Senate
http://www.senate.gov/general/contact_information/senators_cfm.cfm
House of Representatives
http://www.house.gov/house/MemberWWW.shtml
Senate Indian Affairs Committee
http://indian.senate.gov/members.html
House Resources Committee
http://resourcescommittee.house.gov/fullcommittee/members.htm
Concern
Senate Bill S.536 - Section 108 see page 15
This expansive definition of Native American sets the stage to overturn the Kennewick Man decisions rendered by the Federal District Court of Oregon and the Ninth Circuit Court of Appeals. In 2004 the Ninth Circuit Court of Appeals unanimously ruled in the Kennewick Man lawsuit that the government's interpretation of the definition of Native American yields an absurd result. This flawed interpretation persists with the language added in Section 108.
The Senate must not pass any law that yields an absurd result. The Senate Committee on Indian Affairs must consider the broad implications of this change and the interests of the greater public. More than the Kennewick Man is at stake. The notion that this change will have no significant impact on scientific research is inaccurate and misleading. Unless Section 108 is withdrawn, public access to the factual understanding of the nation's prehistory shifts to the exclusive control of American Indians.
What to do
(Use this subject line, then voice your concerns)
Subject: S.536 - Delete Section 108
RE Changes to NAGPRA's definition of Native American
For example
Delete Section 108 of S. 536. NAGPRA's definition of Native American should not be amended. The Senate Committee on Indian Affairs has an obligation to consider the broad impact of this change and will be held accountable to include the interests of the greater public. (add your concerns)
Return to News and Comment
