Massachusetts Senate Bill S2335

Massachusetts 2025-2026 Regular Session

• Introduced: 2/27/25
• Refer: 2/27/25

Caption

To protect Native American heritage

Impact

If enacted, the bill will require any agency, organization, or entity receiving state or local funding to comply with the provisions of NAGPRA when it comes to the deacquisition of any Native American cultural items. This means that they must adhere to specific guidelines and face penalties if they fail to follow the prescribed processes for returning sacred and culturally significant objects to Native tribes, thus reinforcing the state's commitment to honoring and preserving Native American heritage.

Summary

Senate Bill S2335, titled 'An Act to protect Native American heritage,' is a legislative proposal aimed at enforcing penalties outlined in the Native American Graves Protection and Repatriation Act (NAGPRA) at the state level. The bill strengthens the definitions regarding Native American cultural items, including funerary objects, sacred objects, and culturally significant items, by referencing the federal framework provided in NAGPRA. The intent of the bill is to ensure more robust protection for Native American heritage within Massachusetts.

Contention

Notably, potential points of contention surrounding S2335 may arise from concerns about the scope and implications of enforcement. Critics may question the feasibility of enforcing these provisions on various entities, especially non-profits or local governments that may face challenges in adhering to federal definitions and processes. Additionally, there could be disagreements regarding what constitutes 'cultural patrimony' and hierarchical differences between state and federal jurisdiction in such matters. Conversely, supporters argue that this legislation is a necessary step towards rectifying historical wrongs and acknowledging the importance of Native American heritage.