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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:
SECTION
3
a.
The Congress finds and declares that
- 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;
- since
1965, this ceremonial use of peyote by Indians has been protected by
Federal regulation;
- 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, 22 States have not
done so, and this lack of uniformity has created hardship for Indian
people who participate in such religious ceremonies;
- 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
- 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.
b.
- Notwithstanding
any other provision of law, the use, possession, or transportation of
peyote by an Indian for bona fide traditional 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.
- This
section does not prohibit such reasonable regulation and registration
by the Drug Enforcement Administration of those persons who cultivate,
harvest, or distribute peyote as may be consistent with the purposes
of this Act.
- This
section does not prohibit application of the provisions of section 481.111
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.
- Nothing
in this section shall prohibit any Federal department or agency, in
carrying out its statutory responsibilities and functions, from promulgating
regulations establishing reasonable limitations on the use or ingestion
of peyote prior to or during the performance of duties by sworn law
enforcement officers or personnel directly involved in public transportation
or any other safety-sensitive positions where the performance of such
duties may be adversely affected by such use or ingestion. Such regulations
shall be adopted only after consultation with representatives of traditional
Indian religions for which the sacramental use of peyote is integral
to their practice. Any regulation promulgated pursuant to this section
shall be subject to the balancing test set forth in section 3 of the
Religious Freedom Restoration Act (Public Law 103-141; 42 U.S.C. 2OOObb-1).
- This
section shall not be construed as requiring prison authorities to permit,
nor shall it be construed to prohibit prison authorities from permitting,
access to peyote by Indians while incarcerated within Federal or State
prison facilities.
- Subject
to the provisions of the Religious Freedom Restoration Act (Public Law
103-141; 42 U.S.C. 2000bb-1), this section shall not be construed to
prohibit States from enacting or enforcing reasonable traffic safety
laws or regulations.
- Subject
to the provisions of the Religious Freedom Restoration Act (Public Law
103-141; 42 USC 2000bb-1), this section does not prohibit the Secretary
of Defense from promulgating regulations establishing reasonable limitations
on the use, possession, transportation, or distribution of peyote to
promote military readiness, safety, or compliance with international
law or laws of other countries. Such regulations shall be adopted only
after consultation with representatives of traditional Indian religions
for which the sacramental use of peyote is integral to their practice.
c.
For purposes of this section
- the
term 'Indian' means a member of an Indian tribe;
- 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. l601 et seq.)), which is recognized
as eligible for the special programs and services provide by the United
States to Indians because of their status as Indians;
- 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
- 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
- the
inherent rights of any Indian tribe;
- the
rights, express or implicit, of any Indian tribe which exist under treaties,
Executive orders, and laws of the United States;
- the
inherent right of Indians to practice their religions; and
- the
right of Indians to practice their religions under any Federal or State
law."
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