A Third Way

The story of indigenous cultures and the law in America has been one of theft, loss, and decimation, at least when that story has been created and told by non-indigenous voices. As this book makes clear, we believe the era of those stories has passed and indigenous people will define the future of indigenous cultures and their protection, on their own terms. Therefore, we did not write this book in an attempt to establish normative guidelines of indigenous cultural preservation. Instead, we have set outto provide a framework within which tribes - and those interested in the area of indigenous cultural protection - can glean a basic understanding of the various laws that impede that effort, as well as those that advance claims to protect indigenous cultures. To frame this discussion in the chapters that follow, we want to begin with a clear description of our purpose and goals--