Joint resolution American Indians Religious Freedom
PL 95-341 (S.J.Res.102), enacted 08/11/1978

PUBLIC LAW 95-341—AUG. 11, 1978 
92 STAT. 469 
Public Law 95-341 
95th Congress 
Joint Resolution 
American Indian Religious Freedom. 
AVhereas the freedom of religion for all people is an inherent right, 
fundamental to the democratic structure of the United States and 
is guaranteed by the First Amendment of the LTnited States 
Constitution; 
Whereas the United States has traditionally rejected the concept of 
a government denying individuals the right to practice their reli-
gion and, as a result, has benefited from a rich variety of religious 
heritages in this country; 
Whereas the religious practices of the American Indian (as well as 
Native Alaskan and Hawaiian) are an integral part of their cul-
ture, tradition and heritage, such practices forming the basis of 
Indian identity and value systems; 
Whereas the traditional American Indian religions, as an integral 
part of Indian life, are indispensable and irreplaceable; 
Whereas the lack of a clear, comprehensive, and consistent Federal 
policy has often resulted in the abridgment of religious freedom 
for traditional American Indians; 
Whereas such religious infringernents result from the lack of knowl-
edge or the insensitive and inflexible enforcement of Federal poli-
cies and regulations premised on a variety of laws; 
Whereas such laws were designed for such worthwhile purposes as 
conservation and preservation of natural species and resources but 
were never intended to relate to Indian religious practices and, 
therefore, were passed without consideration of their effect on 
traditional American Indian religions; 
Whereas such laws and policies often deny American Indians access 
to sacred sites required in their religions, including cemeteries; 
Whereas such laws at times prohibit the use and possession of sacred 
objects necessary to the exercise of religious rites and ceremonies; 
Whereas traditional American Indian ceremonies have been intruded 
upon, interfered with, and in a few instances banned: Now, there-
fore, be it 
Resolved hy the Senate and House of Representatives of the United 
States of America in Congress assenfibled, That henceforth 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. 
Aug. 11, 1978 
[S.J. Res. 102] 
American 
Indian Religious 
Freedom. 
42 u s e 1996. 
92 STAT. 470 
PUBLIC LAW 95-341—AUG. 11, 1978 
42 use 1996 
SEC. 2. The President shall 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 in order to determine appro-
priate changes necessary to protect and preserve Native American 
Presidential 
religious cultural rights and practices. Twelve months after approval 
report to 
of this resolution, the President shall report back to the Congress the 
Congress. 
results of his evaluation, including any changes which were made in 
administrative policies and procedures, and any recommendations he 
may have for legislative action. 
Approved August 11, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1308 accompanying H.J. Res. 738 (Comm. on Interior and 
Insular Affairs). 
SENATE REPORT No. 95-709 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Apr. 3, considered and passed Senate. 
July 18, H.J. Res. 738 considered and passed House; proceedings vacated and 
S.J. Res. 102, amended, passed in lieu. 
July 27, Senate concurred in House amendment.