E/CN.4/1999/58/Add.1 page 20 59. Concerning the Native American Graves Protection and Repatriation Act, representatives of Native American and non-governmental organizations expressed concern that the Act was too limited and failed to resolve, inter alia, the repatriation conflict between the scientific community and tribal governments. Concerns were also expressed on the following issues: (a) On 24 October 1997, the Advisory Council on Historic Preservation approved regulations that place tribes in a secondary role, in regard to section 106 of the National Historic Preservation Act (16 USC 470), when a tribal sacred site is located off tribal lands; (b) On 7 January 1997, a bill (HR 193) was introduced to prohibit sites of traditional significance from being listed in the National Register of Historic Places. This bill would have a significant impact on Native American historic and sacred sites and would result in increased damage to these sites, further infringing on the capacity of Native Americans to practise their religion within the bounds of existing law; (c) In April 1994, President Clinton issued an Executive Memorandum on Native American Access to Eagle Feathers, directing the Department of the Interior to take the necessary actions to ensure priority distribution of eagles, a protected species, to Native Americans for traditional religious purposes. The memorandum simplifies the eagle permit application, minimizes delays, involves tribes in the distribution process, reviews methods for storage, etc. While the Federal Government has increased its efforts to improve its eagle distribution process, many concerns remain, in particular conflicts between religious needs and federal directives and laws such as the Endangered Species Act and the Eagle Protection Act; the waiting period involved in the acquisition of an eagle through the federal repository; and the condition of the eagle once it is received by the religious practitioner; (d) There is a pressing need for federal protection of the religious rights of Native Americans incarcerated in federal, state and local penal and other institutions. 60. In general, the charge is often made that legislation derived from a western legal system is incapable of comprehending Native American values and traditions. Native Americans are being asked to “prove their religion”, and in particular the religious significance of sites, most of which are situated on land belonging to the federal, state or local Governments and some on private land; but the need to provide “proof” conflicts with certain values, because the sacred site has to remain secret; furthermore, to reveal its location would allow the authorities to interfere in matters of religion. Similarly, the definition of property is based on the western concept of individual rights, whereas for Native Americans property is collective. The jurisprudence of the Supreme Court is also seen as showing a lack of understanding of Native American values. According to the Native American representatives, there is thus a double standard: because the Native Americans' system of values is not recognized, their religious practices are less well protected than those of other religions. These legal shortcomings and weaknesses associated with the Supreme Court's jurisprudence make it easier to neutralize the legislation on religious matters analysed above. Furthermore, the adoption of neutral laws of general applicability enables