Sacred Sites and Federal Land Management: An Analysis of the Proposed Native American Free Exercise of Religion Act of 1993
Year: 1994
Type: article
Abstract: In 1978 Congress passed the American Indian Religious Freedom Act (AIRFA).' AIRFA's purpose was to state a congressional policy of protecting and preserving the inherent right of Native Americans to "believe, express, and exercise" their traditional religions, including but not limited to access to religious sites. 2 Since its passage the United States Supreme Court has interpreted AIRFA as merely a governmental policy statement that confers no cause of action to enforce its provisions.3 Attempts in 1988 and 1989 to legislate teeth into AIRFA failed.4 A 1993 draft bill, S.1021, is the latest attempt to provide protection for Native American religious practices.5 The new proposal, a freestanding bill entitled The Native American Free Exercise of Religion Act of 1993 (NAFERA), addresses religious freedom in four areas: protection of sacred sites 6 in Title I, traditional use of peyote in Title II, and prisoner's rights and religious use of eagles, plants and animals in Titles III and IV. 7 This comment is presented in two parts: Part I will provide a brief background on AIRFA and the judicial decisions that created the impetus to amend it.It will also summarize the attempts to amend AIRFA, and the development of the draft before the 103rd Congress.Part II begins with an introduction to the federal land manager's position regarding land use legislation.Part II also analyzes several sections of 1. Pub.L. No. 95
Author: Jody Neal-Post
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2891691595