legislation: 101-s-1979
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 101-s-1979 | 101 | s | 1979 | A bill to remove certain barriers to the free exercise of, and to ensure equal respect for, and treatment of, traditional religious practices by Indians, Alaska Natives and Native Hawaiians. | Native Americans | 1989-11-21 | 1989-11-21 | Read twice and referred to the Committee on Indian Affairs. | Senate | Sen. Inouye, Daniel K. [D-HI] | HI | D | I000025 | 0 | Amends the Native American Religious Freedom Act of 1978 to require Federal agencies to manage lands under their jurisdiction in a manner that does not violate such Act. Directs the President to prescribe rules and regulations with respect to the actions of all Federal agencies which may alter or disturb the integrity of Native American religious places or adversely affect the exercise of Native American religions. Requires such agencies to provide to the potentially affected Native American traditional and governmental leaders timely and complete information regarding determinations or plans made with respect to site-specified activities or applications for such activities. Requires Federal agencies to respond to requests by such leaders for information regarding such activities by providing such information or the reasons why it cannot be provided. Requires Federal agencies to suspend, or refrain from taking, the activities that are subject to such request and not to renew such activities until such leaders receive such a written response if the President or Federal agency fails to respond to such a request after the President receives a formal written objection for such a failure. Requires Federal agencies to begin negotiations within 60 days after the agency receives a request from Native American traditional leaders to enter into a binding written consultation and cooperation agreement specifying certain procedures regarding such activities. Prohibits such negotiations from extending for more than 180 days unless extended by such leaders. Prohibits the Federal agency from engaging in such activities until such an agreement is entered into after receiving such a request. Requires a full record to be made of such consultations, with particular emphasis on Native American views of the impact of any proposed Federal activity on the integrity of the Native American religion. Requires such record to form part of the administrative record of the Federal agency in the event of an appeal of a decision to a U.S. district court. States that a threshold case of adversely affecting the religious practice of a Native American is established when evidence is introduced in administrative proceedings showing that Federal activities would alter or disturb the integrity of the Native American religious places, sacred places, or their sanctity, interfere with their access or use, or adversely affect the exercise of Native American religions. Prohibits the Federal agency from taking, permitting, or assisting any action to alter or disturb the integrity of such places or to adversely affect the exercise of such religions unless the agency demonstrates that the activity is necessary to fulfill a compelling Federal interest. Prohibits general assertions of national security, health, safety, or public welfare or other similar considerations from satisfying this burden of proof. Requires a full record of the Federal interest associated with the proposed action, including contrary factual evidence offered by the affected Native American practitioners or other interested parties, to become a part of the record of the administrative proceeding. Provides that if the Federal agency determines in an administrative proceeding that the Federal interest is sufficiently compelling, such agency must propose to satisfy such interest utilizing means which have the least potential to alter or disturb the integrity of such places or which minimize the adverse effect on the integrity and continuity of the exercise of such religion. Prohibits the disclosure of specific details concerning the affected Native American religion and the impact of any proposed Federal action on that religion to the public by the Federal agency, courts, or other parties to the administrative or judicial review of such action or by their legal counsel. Authorizes Indians, Alaska Natives, Native Hawaiians, or Native American groups aggrieved by the actions of any Federal agency that violate this Act to bring an action in the appropriate U.S. district court to enforce this Act. Requires Federal agencies, at the request of Native American practitioners who were parties to the review, to return to such practitioners for appropriate disposition all records pertaining to the impact of a proposed Federal action on a Native American religion which contains information not otherwise in the public domain. Authorizes the Secretary of Health and Human Services, acting through the Administration for Native Americans, to make grants to Native American traditional and governmental leaders to enable them to: (1) review proposed Federal actions to determine their potential cultural and religious impacts; (2) provide information to the affected or potentially-affected Native Americans regarding any proposed Federal actions; and (3) obtain information from, and make comments, recommendations, or objections to, the Federal agency regarding any proposed actions. | 2025-06-20T19:33:16Z |