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<br />such as the National Historic Preservation Act and the <br />Archaeological Resources Protection Act; both also <br />mandate consultation with Native American tribes. <br /> <br /> <br />Native American Graves Protection and <br />Repatriation Act <br />The Native American Graves Protection and <br />Repatriation Act (NAGPRA) of 1990 (P.L. 101-601) <br />establishes the criteria by which Native Americans own <br />the human remains, associated funerary objects, sacred <br />objects and objects of cultural patrimony that are <br />located on federal or tribal lands. NAGPRA mandates <br />that federal agencies consult and negotiate with Native <br />American tribes to manage the intentional excavation <br />and inadvertent discovery of these classes of Native <br />American property on federal and tribal lands. The law <br />requires consultation with traditional Native American <br />religious leaders as well as secular tribal governments. <br /> <br />American Indian Religious Freedom Act <br />The American Indian Religious Freedom Act (AlRFA) <br />established a federal policy to protect and preserve for <br />American Indians, Eskimos, Aleuts, and Native <br />Hawaiians, their right to believe, express, and exercise <br />their traditional religions. In this law, Congress recognized <br />that there are fundamental differences between traditional <br />tribal religions and the more common religions of the <br />larger American society. One of the most important char- <br />acteristics of traditional tribal religions is the integral rela- <br />tionship between humans and the natural world upon <br />which traditional tribal cultures depend. Specific places <br />may have cultural and religious significance because of <br />their role as shrines, cemeteries, or resource locations for <br /> <br />plants and animals. In enacting AlRFA, Congress recog- <br />nized that infringements on the religious freedom of tra- <br />ditional Native Americans have resulted, in part, from a <br />lack of knowledge and from insensitive and inflexible <br />enforcement of federal policies and regulations. <br /> <br />30 <br /> <br />Religious Freedom Restoration Act <br />The Religious Freedom Restoration Act of 1993 (P.L. <br />103-141) was enacted to protect the free exercise of <br />religion. It mandates that the federal government shall <br />not substantially burden a person's exercise of religion <br />even if the burden results from a rule of general applic- <br />ability unless it can demonstrate a compelling govern- <br />mental interest. The act restores the compelling interest <br />test as set forth in Sherbert v. Verner, 374 U.S. 398 <br />(1963) and Wisconsin v Yoder, 406 U.S. 205 (1972). <br />The application of the compelling interest test places <br />the burden on the federal (or state) government to <br />prove a compelling interest and goal for implementing <br />a particular law or regulation and that there is a one to <br />one relationship of the law being directly related to <br />that goal. However, in Wisconsin v. Yoder the Supreme <br />Court ruled that, even though the state of Wisconsin <br />had a compelling interest to educate its citizens, the <br />state compulsory attendance laws could not be applied <br />to Amish children, who were receiving a comparable <br />education at home, because the requirement of attend- <br />ing public schools might "undermine the Amish com- <br />munity and religious practice" (Getches, et al <br />1993:767). <br /> <br />National Historic Preservation Act <br /> <br />National Historic Preservation Act (P.L. 89-665; <br />NHPA) of 1966 includes a declaration of congressional <br />findings that "...the spirit and direction of the Nation <br />are founded upon and reflected in its historic heritages <br />and that the historical and cultural foundations of the <br />Nation should be preserved as a living part of our <br />community life and development in order to give a <br />sense of orientation to the American people." Section <br />106 of the NHPA specifically charges that, <br />... the head of any Federal agency having direct <br />or indirect jurisdiction over a proposed Federal <br />or federally assisted undertaking in any State <br />