Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 22
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45III - 6
H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
C. American Indian Religious Freedom Act
The American Indian Religious Freedom Act (AIRFA) was a joint resolution of the two
chambers of the Congress. The President adopted the resolution and signed it into law.
Because it started out as a statement of the sense of the Congress, AIRFA is mainly a
policy instrument. Section 1 reminds Federal agencies that Native Americans enjoy the
same Constitutional guarantees under the First Amendment, as do all other people. Section
2 provides that the President will determine whether agency-specific laws and procedures
conflict with the policy and need congressional action. The President's determination was
made in a report to the Congress 1 year after AIRFA's 1978 enactment.
Case law has established that AIRFA has an ongoing implementation requirement,
obligating agencies to consult with tribal officials and tribal religious leaders when agency
actions would abridge the tribe's religious freedom by (a) denying access to sacred sites
required in their religion; (b) prohibiting the use and possession of sacred objects necessary
to the exercise of religious rites and ceremonies; or (c) intruding upon or interfering with
ceremonies.
American Indian Religious Freedom Act–
Resolves that 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 their traditional religions,
including–
• access to sacred sites, including cemeteries, required in their
religion;
• use and possession of sacred objects necessary to the
exercise of religious rites and ceremonies; and
• freedom to worship through ceremonials and traditional rites
without government intrusion or interference.
F
. 11. Provisions of the American Indian Religious Freedom Act.
IG
The BLM's corresponding policy is to avoid infringing on Native Americans' religious
rights. Land use allocations, proposed BLM actions and authorizations, and routine
management practices that could substantially restrict access or interfere with free exercise
must be examined in consultation with tribes.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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