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Once it is determined that human remains are American Indian, analysis can occur only through documented consultation (on federal lands) or consent (on tribal lands). A criminal provision of the Act prohibits trafficking in Native American human remains, or in Native American "cultural items."
Its first policy was in 1987 and was designed by staff without consultation of Indigenous People and was a statement on the need to protect Indigenous Peoples. In 1991, its Operational Directive 4.20 document acknowledged the need for participation of indigenous people in the consultation process.
Executive Order 13175, "Consultation and Coordination with Indian Tribal Governments," was issued by U.S. President Bill Clinton on November 6, 2000. [1] This executive order required federal departments and agencies to consult with Indian tribal governments when considering policies that would impact tribal communities. [2]
The statement also interprets free, prior and informed consent, "which the United States understands to call for a process of meaningful consultation with tribal leaders, but not necessarily the agreement of those leaders, before the actions addressed in those consultations are taken." [72]
In particular, the final form of the law is said to make it easier to exclude some categories of both tribal and non-tribal forest dwellers, to have undermined the democratic nature of the processes in the Act and to have placed additional hindrances and bureaucratic restrictions on people's rights. [40]
Braid of Feathers: American Indian Law and Contemporary Tribal Life. Berkeley, CA: University of California Press. ISBN 0-520-20894-3. Prucha, Francis Paul, ed. Documents of United States Indian Policy (3rd ed. 2000) Prucha, Francis Paul. American Indian Treaties: The History of a Political Anomaly (1997) excerpt and text search; Prucha ...
Teague v. Bad River Band, 236 Wis. 2d 384 (2000) (holding that tribal courts deserve full faith and credit since they are the court of an independent sovereign; however, in order to end confusion, cases that are filed in state and tribal courts require consultation of both courts before they are decided.) Inyo County v.
In order to become a federally recognized, tribes must meet certain requirements. The Bureau of Indian affairs defines a federally recognized tribe as an American Indian or Alaska Native tribal entity that is recognized having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and is ...