I
103D CONGRESS
2D SESSION
H. R. 4230
To amend the American Indian Religious Freedom Act to provide for the
traditional use of peyote by Indians for religious purposes, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 14, 1994
Mr. RICHARDSON introduced the following bill; which was referred to the
Committee on Natural Resources
A BILL
To amend the American Indian Religious Freedom Act to
provide for the traditional use of peyote by Indians for
religious purposes, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘American Indian
Religious Freedom Act Amendments of 1994’’.
SEC. 2. TRADITIONAL INDIAN RELIGIOUS USE OF THE
PEYOTE SACRAMENT.
The Act of August 11, 1978 (42 U.S.C. 1996), com-
monly referred to as the ‘‘American Indian Religious Free-
dom Act’’, is amended by adding at the end thereof the
following new section:
‘‘SEC. 3. (a) 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, many
States have not done so, and this lack of uniformity
has created hardship for Indian people who partici-
pate 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 un-
certainty whether this religious practice would be
protected under the compelling State interest stand-
ard; and
‘‘(5) the lack of adequate and clear legal protec-
tion 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 in violation of
the religious guarantees of the First Amendment of
the Constitution.
‘‘(b)(1) Notwithstanding any other provision of law,
the use, possession, or transportation of peyote by an In-
dian who uses peyote in a traditional manner for bona fide
ceremonial purposes in connection with the practice of a
traditional Indian religion is lawful, and shall not be pro-
hibited by the United States or any State. No Indian shall
be penalized or discriminated against on the basis of such
use, possession or transportation, including, but not lim-
ited to, denial of otherwise applicable benefits under public
assistance programs.
‘‘(2) This section does not prohibit such reasonable
regulation and registration of those persons who cultivate,
harvest, or distribute peyote as may be consistent with the
purposes of this Act.
‘‘(3) This section does not prohibit application of the
provisions of section 481.111(a) of Vernon’s Texas Health
and Safety Code Annotated, in effect on the date of enact-
ment of this section, insofar as those provisions pertain
to the cultivation, harvest, and distribution of peyote.
‘‘(c) For purposes of this section—
‘‘(1) the term ‘Indian’ means a member of an
Indian tribe;
‘‘(2) the term ‘Indian tribe’ means any tribe,
band, nation, pueblo, or other organized group or
community of Indians, including any Alaska Native
village (as defined in, or established pursuant to, the
Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.)), which is recognized as eligible for the
special programs and services provided by the
United States to Indians because of their status as
Indians;
‘‘(3) the term ‘Indian religion’ means any reli-
gion—
‘‘(A) which is practiced by Indians, and
‘‘(B) the origin and interpretation of which
is from within a traditional Indian culture or
community; and
‘‘(4) the term ‘State’ means any State of the
United States, and any political subdivision thereof.
‘‘(d) Nothing in this section shall be construed as ab-
rogating, diminishing, or otherwise affecting—
‘‘(A) the inherent rights of any Indian
tribe;
‘‘(B) the rights, express or implicit, of any
Indian tribe which exist under treaties, execu-
tive orders, and laws of the United States;
‘‘(C) the inherent right of Indians to prac-
tice their religions; and
‘‘(D) the right of Indians to practice their
religions under any Federal or State law.’’.
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