chapter  3
Tribes, Tribal Lands, and Indian Arts by Rob Roy Smith /
Pages 20

Tribal cultural resource protection advocates far too often become mired in fighting for the protections that were to be guaranteed under the patchwork of Federal cultural resource protection statutes, such as the Native American Graves Protection and Repatriation Act and the Archaeological Resources Protection Act, while overlooking a frequent companion of cultural resource issues: tribal religious freedom. Neglect of tribal religious freedom as means to access justice for aggrieved tribes and tribal members might now be a thing of the past. The year 2007 is highlighted by significant sacred site litigation victories in Arizona and Nevada grounded in the guarantees of the First Amendment to the United States Constitution and the Religious Freedom Restoration Act. Might this be the elusive unified approach to cultural resource protection that tribal advocates have been looking for?