[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4230 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4230
To amend the American Indian Religious Freedom Act to provide for the
traditional use of peyote by Indians for religious purposes, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 14, 1994
Mr. Richardson introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the American Indian Religious Freedom Act to provide for the
traditional use of peyote by Indians for religious purposes, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Indian Religious Freedom
Act Amendments of 1994''.
SEC. 2. TRADITIONAL INDIAN RELIGIOUS USE OF THE PEYOTE SACRAMENT.
The Act of August 11, 1978 (42 U.S.C. 1996), commonly referred to
as the ``American Indian Religious Freedom Act'', is amended by adding
at the end thereof the following new section:
``Sec. 3. (a) The Congress finds and declares that--
``(1) for many Indian people, the traditional ceremonial
use of the peyote cactus as a religious sacrament has for
centuries been integral to a way of life, and significant in
perpetuating Indian tribes and cultures;
``(2) since 1965, this ceremonial use of peyote by Indians
has been protected by Federal regulation;
``(3) while at least 28 States have enacted laws which are
similar to, or are in conformance with, the Federal regulation
which protects the ceremonial use of peyote by Indian religious
practitioners, many States have not done so, and this lack of
uniformity has created hardship for Indian people who
participate in such religious ceremonies;
``(4) the Supreme Court of the United States, in the case
of Employment Division v. Smith, 494 U.S. 872 (1990), held that
the First Amendment does not protect Indian practitioners who
use peyote in Indian religious ceremonies, and also raised
uncertainty whether this religious practice would be protected
under the compelling State interest standard; and
``(5) the lack of adequate and clear legal protection for
the religious use of peyote by Indians may serve to stigmatize
and marginalize Indian tribes and cultures, and increase the
risk that they will be exposed to discriminatory treatment in
violation of the religious guarantees of the First Amendment of
the Constitution.
``(b)(1) Notwithstanding any other provision of law, the use,
possession, or transportation of peyote by an Indian who uses peyote in
a traditional manner for bona fide ceremonial purposes in connection
with the practice of a traditional Indian religion is lawful, and shall
not be prohibited by the United States or any State. No Indian shall be
penalized or discriminated against on the basis of such use, possession
or transportation, including, but not limited to, denial of otherwise
applicable benefits under public assistance programs.
``(2) This section does not prohibit such reasonable regulation and
registration of those persons who cultivate, harvest, or distribute
peyote as may be consistent with the purposes of this Act.
``(3) This section does not prohibit application of the provisions
of section 481.111(a) of Vernon's Texas Health and Safety Code
Annotated, in effect on the date of enactment of this section, insofar
as those provisions pertain to the cultivation, harvest, and
distribution of peyote.
``(c) For purposes of this section--
``(1) the term `Indian' means a member of an Indian tribe;
``(2) the term `Indian tribe' means any tribe, band,
nation, pueblo, or other organized group or community of
Indians, including any Alaska Native village (as defined in, or
established pursuant to, the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.)), which is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians;
``(3) the term `Indian religion' means any religion--
``(A) which is practiced by Indians, and
``(B) the origin and interpretation of which is
from within a traditional Indian culture or community;
and
``(4) the term `State' means any State of the United
States, and any political subdivision thereof.
``(d) Nothing in this section shall be construed as abrogating,
diminishing, or otherwise affecting--
``(A) the inherent rights of any Indian tribe;
``(B) the rights, express or implicit, of any
Indian tribe which exist under treaties, executive
orders, and laws of the United States;
``(C) the inherent right of Indians to practice
their religions; and
``(D) the right of Indians to practice their
religions under any Federal or State law.''.
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