Agencies: Federal departments, agencies, and other instrumentalities responsible for administering relevant laws, National Park Service, Department of the Interior.
Enacted as: The American Indian Religious Freedom Act, on August 11, 1978
"On and after August 11, 1978, it shall be the policy of the United States to protect and preserve for American Indians their 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 ceremonials and traditional rites."
See Cases: Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1998) (holding that AIRFA does not create a cause of action under which to sue, nor does it contain any judicially enforceable rights).
"Eligible TAS tribes may implement and manage certain CWA programs including the following:
Clean Water Act Objective: 33 U.S. Code § 1251 - Congressional declaration of goals and policy
In 1993, the Native American Free Exercise of Religion Act was introduced, which included provisions for sacred site protection; however, this was dropped and the section protecting the ceremonial use of peyote use was eventually passed as an amendment to AIRFA in 1994.
"The National Environmental Policy Act of 1969 (NEPA) was a Congressional effort to ensure that federal agencies consider the effects of their proposed actions on the environment. This act created the Council on Environmental Quality and was followed by other executive orders and implementation documents which elaborate on the specific conditions under which the act should be used. NEPA was a landmark piece of legislation because it requires rigorous assessment of both the ecological and cultural impacts of federal undertakings, specifying that the federal government must “preserve important historic, cultural, and natural aspects of our national heritage.”
"The American Antiquities Act of 1906 required permits for archaeological digs on federal property and established penalties for illegal excavation and vandalism of ancestral sites. The act proved ineffective and was found by the courts to be constitutionally vague so it was strengthened with passage of the Archaeological Resources Protection Act of 1979."
LINK on Lexis
In the absence of statutory protections, native activists have been forced to use other laws, such as the National Historic Preservation Act, to protect sacred places. Read the original 1966 National Historic Preservation Act, along with amendments through 1992.
Section 106 of the act deals specifically with traditional cultural properties, and requires federal agencies to consider the effect of their actions on any site that is eligible for inclusion in the National Register of Historic Places. National Register Bulletin 38 provides guidelines for using Section 106 to determine a site’s eligibility (and is recommended reading for those interested in understanding the complex issues surrounding protection of sacred land). Another good resource is the Advisory Council on Historic Preservation’s booklet on “Protecting Historic Properties: A Citizen’s Guide to Section 106 Review.”
"The Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) has played a key role in protecting the burial grounds and sacred objects of Native Americans. Federal agencies, and federally funded museums and educational institutions, are required to return human remains, funerary items, sacred objects, and objects of cultural patrimony to tribes or other indigenous groups who are descendants of those who created the objects. The physical locations where human remains are placed during a death rite or ceremony are also protected. Read Law, Regulations and Guidance for carrying out NAGPRA."
