103 Iowa L. Rev. 1777 (2018)

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Abstract

The National Historic Preservation Act (“NHPA”) of 1966 established a federal policy of preserving historic places at the federal, state, and local level. In 1992, the Act was amended to include sites of cultural and religious significance to Native Nations on the National Register of Historic Places. This Note argues how that inclusion, while a noble step in the right direction for Native Nation relations with the federal government, did not go far enough to adequately protect the cultural and religious sites of Native Nations. This Note discusses the NHPA’s effectiveness in protecting the cultural and religious sites of Native Nations, the origins and purpose of the Act, the statutory framework of the Act, and the shortcomings of the Act. The Note concludes by recommending that Congress amend the NHPA to require that a federally-approved or funded project must not have any adverse effects on a cultural or religious site in order to move forward, unless all of the involved parties agree to move forward despite the adverse effects.