Cultural Protection

The vitality of Tribal Nations is rooted in the daily exercise of their traditions and lifeways. NCAI remains steadfast in its mission to advance the holistic health of Native people, recognizing that cultural integrity is inseparable from overall well-being. Our cultural protection framework encompasses the spiritual, physical, and social health of AI/AN communities. By prioritizing these elements within the federal policy landscape, we ensure that the protection of our heritage remains a central tenet of Tribal sovereignty and national progress.

Focus Areas and Goals

  • Anti-Defamation and Mascot Opposition

  • Language Use and Preservation

  • Native American Graves Protection and Repatriation Act (NAGPRA)

  • Native American Religious Freedom

  • Sacred Sites

Associated Organizations

  • National Association of Tribal Historic Preservation Officers (NATHPO)

  • Great Lakes Inter-Tribal Council

  • Colorado Commission of Indian Affairs

  • Kansas City Indian Center

  • The Wilderness Society

  • National Indian Education Association

  • Native American Heritage Fund

  • Nebraska Commission of Indian Affairs

  • Not In Our Honor

  • People, Not Mascots

  • Wisconsin Indian Education Association, Mascot and Logo Task Force

Associated NCAI Bodies

Associated Committees and Subcommittees:

  • Human Resources Committee

  • Litigation and Governance Committee

  • Land and Natural Resources Committee

  • Education Subcommittee

  • Human, Religious, and Cultural Concerns Subcommittee

  • Trust Lands, Natural Resources, and Agriculture Subcommittee

Associated Task Forces:

  • Peyote Task Force

  • Native Language Task Force

Associated Legislation

  • Federal Legislation:

  • NAGPRA (1990)

  • American Indian Religious Freedom Act (AIRFA) (1978)

  • National Historic Preservation Act (NHPA) (1966)

  • State Legislation:

    • Multiple laws prohibiting the use of Indian names, mascots, logos, or imagery without the explicit consent of a relevant Tribal Nation, including laws in California, Colorado, Maine, Minnesota, Nevada, New York, Oregon, and Washington.

Prior Achievements

  • Leading the Defense of Section 106: NCAI mobilized a national response against the Advisory Council on Historic Preservation’s (ACHP) sweeping proposed revisions to 36 C.F.R. Part 800. In August 2026, NCAI hosted a critical national briefing, "Section 106 Update: Navigating the Proposed Rules in Indian Country", to prepare Tribal leaders and Tribal Historic Preservation Officers (THPOs) for the public comment period.

  • Executing Legislative Strategy During Tribal Impact Days (September 2026): Coordinated intensive congressional visits to press lawmakers on the Senate Committee on Indian Affairs and House Natural Resources Committee on Section 106.

  • Protect Sacred Landscapes: Demanded the permanent protection of sacred sites and ancestral homelands, such as Oak Flat, Greater Chaco, and the Black Hills, from extractive industries and unilateral land transfers.

  • Enforce NAGPRA: Ensured strict federal, state, and institutional compliance with the NAGPRA to expedite the return of ancestors and sacred objects to their rightful Tribal Nations.

  • Acquired ownership of the rights to the 1971 “Crying Indian” public service announcement from Keep America Beautiful, and formally retired the advertisement (2023).

  • Provided education, context, and support for the name change of high-profile professional sports teams, and supported efforts of teams to formally discontinue the use of demeaning mascots (2022).

  • Produced comments in opposition to efforts to undermine the NHPA Section 106 provisions regulating Tribal consultation (2025, 2026).

  • Joined broad coalitions of Tribal Nations and Tribal organizations in support of the Apache Stronghold case, seeking to protect sacred sites from U.S. sale to a mining corporation (2021–2025).

  • Developed a state activity tracker to support state-level legislation regulating the use of Indian imagery, mascots, names, and logos in sports and other activities.

Next Year Goals

Strengthening NHPA Section 106: Actively countering proposed administrative revisions to 36 C.F.R. Part 800 that attempt to narrow the definition of federal "undertakings," expand categorical exemptions, and reduce mandatory Tribal and THPO participation in historic preservation reviews.

Safeguarding National Monuments & Co-Management: Defending culturally critical national monuments, including Bears Ears, Grand Staircase-Escalante, and Chuckwalla, from executive downsizing and legislative attacks, while pushing to enshrine robust interTribal co-management agreements.

Advancing Repatriation: Supporting the robust implementation of the updated NAGPRA regulations and securing increased federal funding for THPOs and Tribal repatriation programs.

Supporting the Integration of Cultural Water Standards: Providing technical policy recommendations for the inclusion of Tribal cultural values and subsistence use metrics in federal water quality regulations to protect essential Tribal lifeways.

Championing Tribal Co-Management Models: Supporting the development of formal co-management and stewardship agreements that elevate Tribal Nations as shared decision-makers over cultural and ecological resources on federal lands.

Promoting Permanent Protections for Cultural Landscapes: Supporting legislative and administrative efforts to establish “cultural buffer zones” that protect sacred landscapes from extractive industry leasing and exploration.

Supporting Geographic Name Reclamation: Offering policy and coordination support to Tribal Nations seeking to replace offensive geographic terminology with traditional Indigenous names through the U.S. Board on Geographic Names.

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