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42 U.S.C. § 1996 — Protection and preservation of traditional religions of Native Americans
Federal law — U.S. Code and appendices · legal_authorities
On and after August 11, 1978, 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 the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.
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Stable record: federal_law:legal_authorities:record_usc_4447ba031cf48c75c33a34a2
Source file: Laws/federal/codes/united-states-code/title-42/section-1996-protection-and-preservation-of-traditional-religions-of-native-americans--3d443d11f0.md
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Source location: Title 42, Chapter 21, § 1996; chapter-021-civil-rights.md
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On and after August 11, 1978, 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 the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title: 11 See References in Text note below.
(1) The term “Secretary” means the Secretary of the Interior.
(2) The term “Indian tribe” means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian tribe.
(3) The term “list” means the list of recognized tribes published by the Secretary pursuant to [section 5131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5130
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional findings and declarations** The Congress finds and declares that—
(1) for many Indian people, the traditional ceremonial use of the peyote cactus as a religious sacrament has for centuries been integral to a way of life, and significant in perpetuating Indian tribes and cultures;
(2) since 1965, this ceremonial use of peyote by Indians has been protected by Federal regulation;
(3) while at least 28 States have enacted laws which are similar to, or are in conformance with, the Federal regulation which protects the ceremonial use of peyote by Indian religious practitioners, 22 States have not done so, and this lack of uniformity has created hardship for Indian people who participate in such religious ceremonies;
(4) the Supreme Court of the United States, in the case of Employment Division v. Smith, 494 U.S. 872 (1990), held that the First Amendment does not protect Indian practitioners who use peyote in Indian religious ceremonies, and also raised uncertainty whether this religious practice would be protected under the compelling State interest standard; and
(5) the lack of adequate and clear legal protection for the religious use of peyote by Indians may serve to stigmatize and marginalize Indian tribes and cultures, and increase the risk that they will be exposed to discriminatory treatment.
**(b) Use, possession, or transportation of peyote**
(1) Notwithstanding any other provision of law, the use, possession, or transportation of peyote by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or any State. No Indian shall be penalized or discriminated against on the basis of such use, possession or transportation, i
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1996a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary of Defense or the Secretary of a military department may enter into a cooperative agreement with a State or local government or other entity for the preservation, management, maintenance, and improvement of cultural resources located on a site authorized by subsection (b) and for the conduct of research regarding the cultural resources. Activities under the cooperative agreement shall be subject to the availability of funds to carry out the cooperative agreement.
**(b) Authorized Cultural Resources Sites.—** To be covered by a cooperative agreement under subsection (a), cultural resources must be located—
(1) on a military installation; or
(2) on a site outside of a military installation, but only if the cooperative agreement will directly relieve or eliminate current or anticipated restrictions that would or might restrict, impede, or otherwise interfere, whether directly or indirectly, with current or anticipated military training, testing, or operations on a military installation.
**(c) Application of Other Laws.—** Section 1535 and chapter 63 of title 31 shall not apply to a cooperative agreement entered into under this section.
**(d) Cultural Resource Defined.—** In this section, the term “cultural resource” means any of the following:
(1) A building, structure, site, district, or object eligible for or included in the National Register of Historic Places maintained under [section 302101 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section302101&num=0&edition=prelim).
(2) Cultural items, as that term is defined in section 2(3) of the Native American Graves Protection and Repatriation Act ([25 U.S.C. 3001(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001/
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2684
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense and the Secretaries of the military departments may carry out such military construction projects, land acquisitions, and defense access road projects (as described under [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)) as are authorized by law.
**(b)** Authority provided by law to carry out a military construction project includes authority for—
(1) surveys and site preparation;
(2) acquisition, conversion, rehabilitation, and installation of facilities;
(3) acquisition and installation of equipment and appurtenances integral to the project;
(4) acquisition and installation of supporting facilities (including utilities) and appurtenances incident to the project;
(5) planning, supervision, administration, and overhead incident to the project; and
(6) personnel and personal services contracts required to carry out paragraphs (1) through (5).
**(c)** In determining the scope of a proposed military construction project, the Secretary concerned shall submit to the President such recommendations as the Secretary considers to be appropriate regarding the incorporation and inclusion of life-cycle cost-effective practices as an element in the project documents submitted to Congress in connection with the budget submitted pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) for the fiscal year in which a contract is proposed to be awarded for the project.
**(d)** Repealed. Pub. L. 114–328, div. B, title XXVIII, § 2811(b), Dec. 23, 2016, 130 Stat. 2716.]
**(e)**
(1) If a construction project, land acquisition, or defense access road project described in paragraph (2) wil
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2802
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) **Provision of assistance.—** — Subject to the availability of appropriations and for the purpose of mitigating the impacts of Coast Guard actions including expansion of bases, including direct or indirect impacts, to natural resources and cultural resources, the Commandant may provide Federal financial assistance, except for loans or loan guarantees, or make grants to an eligible entity.
(2) **Use of funds.—** — Financial assistance or grants made under paragraph (1) may be used to—
(A) limit any development or use of such natural resources and cultural resources as a result of such Coast Guard actions described in paragraph (1);
(B) maintain and maintain access to, such natural resources and cultural resources, including—
(i) Tribal treaty fisheries and shellfish harvest, and usual and accustomed fishing areas; and
(ii) subsistence fisheries, or any other fishery or shellfish harvest, of an Indian Tribe;
(C) provide a means to replace, repair, or restore such natural resources and cultural resources of an Indian Tribe or Native Hawaiian organization if such property is damaged by Coast Guard actions described in paragraph (1), in consultation with the affected Indian Tribe or Native Hawaiian organization; and
(D) maintain and improve natural resources located outside a Coast Guard installation, if the purpose of the agreement is to relieve or eliminate current or anticipated challenges that could restrict, impede, or otherwise interfere with, directly or indirectly, current or anticipated Coast Guard actions described in paragraph (1).
(3) **Limitation.—** — Financial assistance or grants made under paragraph (1) may not be used for the purpose of the Coast Guard receiving any funds.
**(b) Notification; Availability o
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 722
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Federal law — U.S. Code and appendices · legal_authorities
The Congress hereby finds that—
(1) proclamations by Presidents Herbert Hoover in 1933 and Franklin Roosevelt in 1937 established and expanded the Death Valley National Monument for the preservation of the unusual features of scenic, scientific, and educational interest therein contained;
(2) Death Valley National Monument is today recognized as a major unit of the National Park System, having extraordinary values enjoyed by millions of visitors;
(3) the monument boundaries established in the 1930’s exclude and thereby expose to incompatible development and inconsistent management, contiguous Federal lands of essential and superlative natural, ecological, geological, archeological, paleontological, cultural, historical ad 11 So in original. Probably should be “and”. wilderness values;
(4) Death Valley National Monument should be substantially enlarged by the addition of all contiguous Federal lands of national park caliber and afforded full recognition and statutory protection as a National Park; and
(5) the wilderness within Death Valley should receive maximum statutory protection by designation pursuant to the Wilderness Act [[16 U.S.C. 1131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1131&num=0&edition=prelim) et seq.].
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 410aaa
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Access** The Secretary shall ensure access to areas designated under this Act by members of Indian Tribes for traditional cultural and religious purposes, consistent with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) ([42 U.S.C. 1996](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1996&num=0&edition=prelim) [, 1996a]).
**(b) Temporary closure**
(1) **In general** — In accordance with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) ([42 U.S.C. 1996](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1996&num=0&edition=prelim) [, 1996a]), and subject to paragraph (2), the Secretary, on request of an Indian Tribe or Indian religious community, shall temporarily close to general public use any portion of an area designated as a national monument, special management area, wild and scenic river, area of critical environmental concern, or National Park System unit under this Act (referred to in this subsection as a “designated area”) to protect the privacy of traditional cultural and religious activities in the designated area by members of the Indian Tribe or Indian religious community.
(2) **Limitation** — In closing a portion of a designated area under paragraph (1), the Secretary shall limit the closure to the smallest practicable area for the minimum period necessary for the traditional cultural and religious activities.
**(c) Study**
(1) The Secretary, in consultation with the Timbisha Shoshone Tribe and relevant Federal agencies, shall conduct a study, subject to the availability of appropriations, to identify lands suitable for a reservation for the Timbisha Shoshone Tribe that are loc
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 410aaa–75
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall administer the recreation area in accordance with this subchapter and the laws, rules, and regulations applicable to National Forest System lands in a manner that will further the purposes of the recreation area. Management of the natural resources within the recreation area shall be permitted only to the extent that such management is compatible with and does not impair the purposes for which the recreation area is established. Recreational activities within the recreation area shall include (but not be limited to) hiking, camping, hunting, fishing, skiing, backpacking, rock climbing, and swimming.
**(b) Management plan** The Secretary shall, no later than 5 years after October 12, 1993, develop a management plan for the recreation area, as an amendment to the Santa Fe National Forest Land and Resource Management Plan, to reflect the establishment of the recreation area and to conform to the provisions of this subchapter. Nothing in this subchapter shall require the Secretary to revise the Santa Fe Forest Land and Resource Management Plan pursuant to [section 1604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1604&num=0&edition=prelim). During development of the management plan for the recreation area, the Secretary shall study newly designated land within the recreation area, and adjacent national forest land.
**(c) Cultural resources** In administering the recreation area, the Secretary shall give particular emphasis to the preservation, stabilization, and protection of cultural resources located within the recreation area in furtherance of the Archaeological Resources Protection Act of 1979 [[16 U.S.C. 470aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-sect
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460jjj–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Nonexclusive access by Indians for cultural and religious purposes** In recognition of the past use of portions of the monument and the conservation area by Indian people for traditional cultural and religious purposes, the Secretary shall assure nonexclusive access to the monument and the conservation area by Indian people for traditional cultural and religious purposes, including the harvesting of pine nuts. Such access shall be consistent with the purpose and intent of the American Indian Religious Freedom Act of August 11, 1978 ([42 U.S.C. 1996](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1996&num=0&edition=prelim) [, 1996a]), and (with respect to areas designated as wilderness) the Wilderness Act (78 Stat. 890) [[16 U.S.C. 1131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1131&num=0&edition=prelim) et seq.].
**(b) Recommendations from Indian leaders regarding access and protection of cultural and religious sites** In preparing the plans for the monument and the conservation area pursuant to [section 460uu–41 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460uu-41&num=0&edition=prelim), the Secretary shall request that the Governor of the Pueblo of Acoma and the chief executive officers of other appropriate Indian tribes make recommendations on methods of—
(1) assuring access pursuant to subsection (a) of this section;
(2) enhancing the privacy of traditional cultural and religious activities in the monument and the conservation area; and
(3) protecting traditional cultural and religious sites in the monument and the conservation area.
**(c) Temporary closure to public of lands for protection of religious activities** In order to implement this sect
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460uu–47
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