42 USC 1996: Location of plants used for ceremonial purposes

            
 
          Sec. 1996. Protection and preservation of traditional religions 
        of Native Americans
        
    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.

(Pub. L. 95-341, Sec. 1, Aug. 11, 1978, 92 Stat. 469.)
                      Short Title of 1994 Amendment

    Pub. L. 103-344, Sec. 1, Oct. 6, 1994, 108 Stat. 3125, provided 
that: ``This Act [enacting section 1996a of this title] may be cited as 
the `American Indian Religious Freedom Act Amendments of 1994'.''
                               Short Title

    Pub. L. 95-341, as amended, which enacted this section, section 
1996a of this title, and a provision set out as a note under this 
section, is popularly known as the American Indian Religious Freedom 
Act.
Federal Implementation of Protective and Preservation Functions Relating 
to Native American Religious Cultural Rights and Practices; Presidential 
                           Report to Congress

    Section 2 of Pub. L. 95-341 provided that the President direct the 
various Federal departments, agencies, and other instrumentalities 
responsible for administering relevant laws to evaluate their policies 
and procedures in consultation with native traditional religious leaders 
to determine changes necessary to preserve Native American religious 
cultural rights and practices and report to the Congress 12 months after 
Aug. 11, 1978.

                 Ex. Ord. No. 13007. Indian Sacred Sites

    Ex. Ord. No. 13007, May 24, 1996, 61 F.R. 26771, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States, in furtherance of Federal treaties, and 
in order to protect and preserve Indian religious practices, it is 
hereby ordered:
    Section 1. Accommodation of Sacred Sites. (a) In managing Federal 
lands, each executive branch agency with statutory or administrative 
responsibility for the management of Federal lands shall, to the extent 
practicable, permitted by law, and not clearly inconsistent with 
essential agency functions, (1) accommodate access to and ceremonial use 
of Indian sacred sites by Indian religious practitioners and (2) avoid 
adversely affecting the physical integrity of such sacred sites. Where 
appropriate, agencies shall maintain the confidentiality of sacred 
sites.
    (b) For purposes of this order:
    (i) ``Federal lands'' means any land or interests in land owned by 
the United States, including leasehold interests held by the United 
States, except Indian trust lands;
    (ii) ``Indian tribe'' means an Indian or Alaska Native tribe, band, 
nation, pueblo, village, or community that the Secretary of the Interior 
acknowledges to exist as an Indian tribe pursuant to Public Law No. 103-
454, 108 Stat. 4791 [see 25 U.S.C. 479a, 479a-1], and ``Indian'' refers 
to a member of such an Indian tribe; and
    (iii) ``Sacred site'' means any specific, discrete, narrowly 
delineated location on Federal land that is identified by an Indian 
tribe, or Indian individual determined to be an appropriately 
authoritative representative of an Indian religion, as sacred by virtue 
of its established religious significance to, or ceremonial use by, an 
Indian religion; provided that the tribe or appropriately authoritative 
representative of an Indian religion has informed the agency of the 
existence of such a site.
    Sec. 2. Procedures. (a) Each executive branch agency with statutory 
or administrative responsibility for the management of Federal lands 
shall, as appropriate, promptly implement procedures for the purposes of 
carrying out the provisions of section 1 of this order, including, where 
practicable and appropriate, procedures to ensure reasonable notice is 
provided of proposed actions or land management policies that may 
restrict future access to or ceremonial use of, or adversely affect the 
physical integrity of, sacred sites. In all actions pursuant to this 
section, agencies shall comply with the Executive memorandum of April 
29, 1994, ``Government-to-Government Relations with Native American 
Tribal Governments'' [25 U.S.C. 450 note].
    (b) Within 1 year of the effective date of this order, the head of 
each executive branch agency with statutory or administrative 
responsibility for the management of Federal lands shall report to the 
President, through the Assistant to the President for Domestic Policy, 
on the implementation of this order. Such reports shall address, among 
other things, (i) any changes necessary to accommodate access to and 
ceremonial use of Indian sacred sites; (ii) any changes necessary to 
avoid adversely affecting the physical integrity of Indian sacred sites; 
and (iii) procedures implemented or proposed to facilitate consultation 
with appropriate Indian tribes and religious leaders and the expeditious 
resolution of disputes relating to agency action on Federal lands that 
may adversely affect access to, ceremonial use of, or the physical 
integrity of sacred sites.
    Sec. 3. Nothing in this order shall be construed to require a taking 
of vested property interests. Nor shall this order be construed to 
impair enforceable rights to use of Federal lands that have been granted 
to third parties through final agency action. For purposes of this 
order, ``agency action'' has the same meaning as in the Administrative 
Procedure Act (5 U.S.C. 551(13)).
    Sec. 4. This order is intended only to improve the internal 
management of the executive branch and is not
intended to, nor does it, create any right, benefit, or trust 
responsibility, substantive or procedural, enforceable at law or equity 
by any party against the United States, its agencies, officers, or any 
person.
                                                     William J. Clinton.