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Art Law Keyed to Gerstenblith, 4th Ed.
Navajo Nation v. United States Department of the Interior
Citation:
819 F.3d 1084, 1087 (2016)Facts
Canyon de Chelly, a sacred site to the Navajo Nation, has been inhabited for thousands of years, first by ancient Pueblo peoples (ancestors of modern Hopi and Zuni) and later by Navajo beginning around 1700. The 1868 Treaty established the Navajo Reservation including Canyon de Chelly for “exclusive use and occupation” of the Navajo. In 1931, Congress created Canyon de Chelly National Monument while the Navajo retained land title. Between 1931 and 1990, the Park Service removed 303 sets of human remains without Navajo consent (297 sets) or allegedly with consent for immediate reinterment (6 sets removed in the 1980s). After NAGPRA’s 1990 enactment, the Park Service began inventory procedures in the mid-1990s. The Navajo Nation objected in 1996, claiming ownership of all remains. After years of consultation and dispute, Interior’s solicitor informally determined in 2010 that NAGPRA applied. Despite Navajo demands for immediate return, the Park Service’s September 2011 letter confirmed its intention to complete the NAGPRA process. The Navajo Nation sued in December 2011, challenging NAGPRA’s applicability based on treaty rights, ARPA, and constitutional grounds.
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