Massachusetts Senate Bill S2186

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

To protect Native American heritage

Impact

The enactment of S2186 would impose stricter penalties and requirements on government agencies, NGOs, and departments that receive state or local funding. These entities would be constrained in their ability to deacquisition, or remove, any Native American funerary objects, human remains, sacred items, or objects of cultural patrimony without following established protocols. Consequently, this could lead to more responsible stewardship of Native American heritage and greater accountability for entities managing such sensitive materials.

Summary

Bill S2186, titled 'An Act to protect Native American heritage,' seeks to reinforce and expand the protections afforded to Native American cultural resources within Massachusetts by aligning state law with the Native American Graves Protection and Repatriation Act (NAGPRA). The bill emphasizes the definition of critical terms such as 'Native American,' 'funerary objects,' 'sacred objects,' and 'objects of cultural patrimony' based on federal legislation. This alignment aims to ensure that state legislation adequately protects Native American heritage, particularly in regard to burial sites and cultural artifacts.

Contention

Discussions surrounding S2186 may generate debate pertaining to the extent of governmental authority in heritage protection versus individual or organizational rights to manage cultural resources. Supporters may argue that strict adherence to NAGPRA standards reinforces respect for Native American cultures and histories, while detractors might express concerns about restrictions on institutions or local governments in making determinations regarding culturally significant items. The potential for enforcement of penalties for non-compliance could also lead to apprehension among affected organizations, sparking discussions about the balancing of preservation and access.