President Carter speaking to the media about AIRFA
(August 12, 1978).
are left with no other avenues of recourse than the good will of governmental administrative agencies"); Lee, supra note 7, at 287 (describing how the protections of the AIRFA
are dependant on agency "good will").
AIRFA represents the first cultural resource preservation law enacted specifically for American Indians, as opposed to the NHPA or ARPA.
AIRFA Protections Do Not Extend Beyond Those of the First Amendment's Free Exercise Clause
115) American Indians have sought rights beyond these two protections, using AIRFA as a legal cause of action to preclude government development of natural areas on the grounds that these areas constitute sacred sites.
Incarcerated Native Americans have also tried to evoke AIRFA in support of their struggles for First Amendment religious protections.
Senator Daniel Inouye, chairman of the Senate Select Committee on Indian Affairs, has been taking testimony at various locations around the country in preparation for the introduction of federal legislation to amend AIRFA.
36 (1993) [hereinafter Proposed AIRFA Amendments--Part I]; American Indian Religious Freedom Act--Part II: Oversight Hearing Before the Subcomm.
17) Proposed AIRFA Amendments-Part I, supra note 16, at 317.
What is the background that necessitated AIRFA and what directions have issues of religious affirmation taken since this act became law?
In 1987, the National Park Service issued a policy statement in response to AIRFA, to explore means for integrating the needs of Native religious practitioners into park resource management.
Interesting papers regarding AIRFA
, traditional cultural properties, and the social-cultural and religious implications of resources for cultural resources management provided a different perspective.