What is the American Indian Religious Freedom Act?
The American Indian Religious Freedom Act (AIRFA) is a federal law created in 1978 to protect Native American religious traditions, practices, and sites. AIRFA established that the government must grant Native American tribes access to sites that are necessary for the practice and observance of their religion. AIRFA also granted Native American tribes the right to practice their spiritual ceremonies without government interference and to use certain objects in their religious observances, such as sacred plants and eagle feathers. AIRFA also grants Native American tribes the right to access other sacred sites located on federal land, with permission from the government. This access must not interfere with other activities, such as mining or logging, unless there is a significant concern regarding the health or safety of the tribal members. Furthermore, it may be required that the site be closed to public access when its use by the tribe is necessary for religious observances. In New Jersey, AIRFA has been instrumental in protecting the religious rights of the Native American communities in the state. For example, a tribe in New Jersey was granted the right to practice traditional religious ceremonies, access sacred sites, use sacred plants and objects, and ensure the protection of artifacts and other historic resources. AIRFA was also instrumental in protecting ancient sites and artifacts that are considered to be of spiritual importance to Native American tribes in the state.
Related FAQs
What are the legal rights of tribal members?Does tribal sovereignty supersede federal law?
What is the Native American Rights Fund?
What is the Indian Education Assistance Act?
What is the Indian Gaming Regulatory Act?
What is the government-to-government relationship?
How has the US government historically treated Native Americans?
What is the Native American Graves Protection and Repatriation Act?
What is the Indian Land Consolidation Act?
What is the trust responsibility?
Related Blog Posts
How Native American Law Impacts Tribal Sovereignty - July 31, 2023Understanding the Indian Self-Determination and Education Assistance Act - August 7, 2023
5 Benefits of Tribal Participation in Federal Indian Law - August 14, 2023
What to Consider When Entering Into an Indian Country Jurisdiction - August 21, 2023
How To Draft an Enforceable Tribal Law - August 28, 2023