American Indian Religious Freedom Act: guidance for compliance by federal agencies
The American Indian Religious Freedom Act of 1978 (AIRFA) requires federal agencies to ensure that none of their actions interfere with the inherent right of individual Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians) to believe, express, and exercise their traditional religions. These rights include access to religious sites, use and possession of sacred objects, and the freedom to worship through traditional ceremonials and rites. Since regulations have not been developed to implement the law, many federal agencies have integrated consultation under AIRFA with the existing environmental assessment process required for compliance with the National Environmental Policy Act of 1969 (NEPA). Background information on Native American religions, the relationship of AIRFA to the First Amendment, and resources belonging to Native Americans is provided in this document to assist project managers in understanding the concerns of Native Americans with regard to federal developments. Since many native religious leaders are unwilling to discuss their religion with outsiders, consultation through intermediaries, such as tribal political leaders and/or private Indian organizations, may often be needed to ensure that appropriate input is received from the religious leaders. It is this consultation with the traditional religious leaders, either directly or through surrogates, that is the ultimate objective in complying with AIRFA. When a federal agency finds, upon consultation, that its proposed action would deny the free exercise of religion and yet determines that there is a compelling need for the action, the decision to proceed may be made, but appropriate mitigation measures to reduce religious interference to the lowest possible level must be included. 28 refs.
- Research Organization:
- Oak Ridge National Lab., TN (USA)
- DOE Contract Number:
- AC05-84OR21400
- OSTI ID:
- 5679686
- Report Number(s):
- ORNL-6166; ON: DE85012069
- Resource Relation:
- Other Information: Environmental Sciences Division Publication No. 2102
- Country of Publication:
- United States
- Language:
- English
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Related Subjects
POLICY AND ECONOMY
AMERICAN INDIANS
SOCIOLOGY
NATIONAL ENVIRONMENTAL POLICY ACT
RECOMMENDATIONS
COMPLIANCE
LAWS
NATIONAL ORGANIZATIONS
HUMAN POPULATIONS
MINORITY GROUPS
POPULATIONS
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