[Congressional Record Volume 140, Number 35 (Thursday, March 24, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 24, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
 THE INTRODUCTION OF THE AMERICAN INDIAN RELIGIOUS FREEDOM ACT OF 1994

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                          HON. BILL RICHARDSON

                             of new mexico

                    in the house of representatives

                        Thursday, March 24, 1994

  Mr. RICHARDSON. Mr. Speaker, today I am introducing the American 
Indian Religious Freedom Act Amendments of 1994. In 1978, the Congress 
enacted the original American Indian Religious Freedom Act, which 
committed the United States to the protection of religious freedom for 
American Indians. The act required the President to direct Federal 
agencies to evaluate their policies and practices, in consultation with 
native traditional religious leaders, in order to determine appropriate 
changes necessary to protect and preserve native American cultural 
rights and religious practices.
  In the years since 1978, the Federal courts have been called upon on 
numerous occasions to determine whether the land management decisions 
of Federal agencies have been contrary to the provisions of AIRFA. 
Unfortunately, the vague provisions of AIRFA have led to a great deal 
of confusion regarding the interpretation and implementation of the 
act. In Lyng versus Northwest Indian Cemetery Protective Association, 
the Supreme Court was faced with a case involving plans to permit 
logging on Federal lands in an area which was regarded as sacred by 
traditional Indian religious practitioners. The Indians claimed that 
preservation of the area in its pristine condition was essential for 
their religious practices.
  In their decision, the Supreme Court acknowledged that the logging in 
the area could devastate or destroy the traditional Indian religious 
practices. Despite this finding, the Supreme Court decided the case 
against the Indian tribes, noting that the Federal Government had taken 
some steps to mitigate the harm to native religious practices. This 
decision has stirred enormous controversy among native Americans, 
Federal officials, and other parties.
  The bill I am introducing today is an attempt to strike a balance 
among many of the competing interests involved in Federal land 
management decisions. Under the bill, Federal lands which have been 
considered sacred and indispensable to a native American religion which 
are necessary to the conduct of that religion are entitled to 
protection. These lands should not be managed in a way that will pose a 
threat of undermining and frustrating the native American religion or 
religious practice. Under the bill, Federal officials are granted 
latitude to act to protect compelling governmental interests. These 
land management officials shall, to the greatest extent feasible, 
select a course of action that is the least intrusive on traditional 
native American religions or religious practices. Nothing in this bill 
compels a Federal official to totally deny public access to Federal 
lands.
  Native Hawaiian religious practices are protected under the original 
act. This bill will not affect those protections. As the legislative 
process continues, I will look into the necessity of additional 
protections for native Hawaiians.
  Mr. Speaker, this bill is the culmination of oversight hearings that 
have taken place in the Natural Resources Subcommittee on Native 
American Affairs, which I chair. I believe this is a realistic approach 
to address these problems and one that can pass during this Congress. 
In short, this is a bill that simply creates a cause of action for 
aggrieved tribes and native Americans. The bill gives the 1978 American 
Indian Religious Freedom Act the teeth it has always needed.
  I urge my colleagues to support this bill.

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