Is there any merit to the equal protection arguments asserted by the plaintiffs?
As this issue is beyond our program responsibilities and has been briefed by the Department of Justice in connection with this matter, we defer to the views of the Department of Justice. • What role should the Native American Graves Protection and Repatriation Review Committee play in resolving the issues presented in this case? The NAGPRA review committee is charged by NAGPRA (section 8, 25 U.S.C. 3006) with monitoring the inventory, summary, and repatriation process required by sections 5, 6, and 7 of NAGPRA applicable to Federal agency and museum collections of Native American human remains and cultural items. (25 U.S.C. 3003-3005). The NAGPRA review committee is not charged with monitoring activities under section 3 applicable to Native American human remains and cultural items found on Federal or tribal lands after November 16, 1990, the provision of NAGPRA which applies to the human remains in question in this matter if they are determined to be Native American within the meaning
