American Indian Religious Freedom Act
PUBLIC LAW
95-341-AUG. 11, 1978 92 STAT. 469
PUBLIC LAW 95-341
95TH Congress
Joint Resolution
American Indian
Religious Freedom Aug. 11, 1978
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[S.J. Res. 102]
Whereas the freedom
of religion for all people is an inherent right,
fundamental to the democratic structure of the United States and
is guaranteed by the First Amendment of the United States Constitution;
Whereas the United
States has traditionally rejected the concept of a
government denying individuals the right to practice their religion
and, as a result, has benefited from a rich variety of religious
heritages in this country;
Whereas the the
religious practices of the American Indian (as well as
Native Alaskan amd Hawaiin) are an integral part of their cultures,
tradition and heritage, such practices forming the basis of Indian
identity and value systems;
Whereas the
traditional American Indian religions, as an integral part
of Indian life, are indispensable and irreplaceable;
Whereas the lack of a
clear, comprehensive, and consistent Federal
policy has often resulted in the abridgment of religious freedom
for traditional American Indians;
Whereas such
religious infringements result from the lack of knowledge
or the insensitive and inflexible enforcement of Federal policies
and regulations premised on a variety of laws:
Whereas such laws
were designed for such worthwhile purposes as
conservation and preservation of natural species and resources
but were never intended to relate to Indian religious practices
and, therefore, were passed without consideration of their effect
on traditional American Indian religions;
Whereas such laws and
policies often deny American Indians access to
sacred sites required in their religions, including cemeteries;
Whereas such laws at
times prohibit the use and possession of sacred
objects necessary to the exercise of religious rites and ceremonies;
Whereas traditional
American Indian ceremonies have been intruded
upon, interfered with, and in a few instances banned: Now, therefore,
be it
Resolved by the
Senate and House of Representatives of the United States
of America in Congress assembled. That henceforth it shall be the
policy of the United States to protect and preserve for American
Indians thier inherent right of freedom to believe, express, and
exercise the traditional religions of the American Indian, Eskimo,
Aleut, and Native Hawaiians, including but not limited to access to
sites, use and possession of sacred objects, and the freedom to
worship through ceremonial and traditional rites.