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.
‘‘(4) Nothing in this section shall prohibit any Fed-
eral department or agency, in carrying out its statutory
responsibilities and functions, from promulgating regula-
tions establishing reasonable limitations on the use or in-
gestion of peyote prior to or during the performance of
duties by sworn law enforcement officers or personnel di-
rectly involved in public transportation or any other safe-
ty-sensitive positions where the performance of such duties
may be adversely affected by such use or ingestion. Such
regulations shall be adopted only after consultation with
representatives of traditional Indian religions for which
the sacramental use of peyote is integral to their practice.
Any regulation promulgated pursuant to this section shall
be subject to the balancing test set forth in section 3 of
the Religious Freedom Restoration Act (Public Law 103–
141; 42 U.S.C. 2000bb–1).
‘‘(5) This section shall not be construed as requiring
prison authorities to permit, nor shall it be construed to
prohibit prison authorities from permitting access to pe-
yote by Indians while incarcerated within Federal or State
prison facilities.
‘‘(6) Subject to the provisions of the Religious Free-
dom Restoration Act (Public Law 103–141; 42 U.S.C.
2000bb–1), this section shall not be construed to prohibit
States from enacting or enforcing reasonable traffic safety
laws or regulations.
‘‘(7) Subject to the provisions of the Religious Free-
dom Restoration Act (Public Law 103–141; 42 U.S.C.
2000bb–1), this section does not prohibit the Secretary of
Defense from promulgating regulations establishing rea-
sonable limitations on the use, possession, transportation,
or distribution of peyote to promote military readiness,
safety, or compliance with international law or laws of
other countries. Such regulations shall be adopted only
after consultation with representatives of traditional In-
dian religions for which the sacramental use of peyote is
integral to their practice.
‘‘(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—
‘‘(1) the inherent rights of any Indian tribe;
‘‘(2) the rights, express or implicit, of any In-
dian tribe which exist under treaties, executive or-
ders, and laws of the United States;
‘‘(3) the inherent right of Indians to practice
their religions; and
‘‘(4) the right of Indians to practice their reli-
gions under any Federal or State law.’’.
Passed the House of Representatives August 8,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.