The American Indian Religious Freedom Act of 1978 (AIRFA) is a joint resolution of Congress that establishes that it is 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 Hawiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites."
There have been attempts in the past to use AIRFA to protect sacred sites threatened by federal actions. However, in 1988 the Supreme Court ruled, in the case of Lyng vs. Northwest Indian Cemetery Protection Association, that AIRFA is only a policy statement that is judicially unenforceable. If a federal agency does not abide by the policy, AIRFA does not provide any legal recourse for tribes, groups, or individuals.
While AIRFA does not provide direct protection of sacred sites, it does formally recognize that the United States has an obligation to protect and preserve Native American religious rights. This policy is an important element in the Native American Graves Protection and Repatriation Act, passed in 1990, and provisions in the National Historic Preservation Act regulations pertaining to Native American sacred sites.
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.
| Federal Laws | Federal Agencies | Tennessee Laws | State Agencies |
|---|---|---|---|
| American Indian Religious Freedom Act | Advisory Council on Historic Preservation | Archaeology Statues | Division of Archaeology |
| Archaeological Resources Protection Act | National Park Service | Burial Statues | Historical Commission |
| Native American Graves Protection and Repatriation Act | U.S. Forest Service Sacred Sites Policy Review | Heritage Conservation Trust Fund | |
| National Historic Preservation Act |
