In 1978, Congress passed the American Indian Religious Freedom Act (AIRFA)(42 U.S. C.A. § 1996), designed to review and update federal policies regarding such matters as Native Americans' right to access sacred grounds and legal rights to practice their traditional religions. Reviews and recommendations were made. Pursuant to this action, Congress in 1990 passed the NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT, Public L. No. 101-601, 104 Stat. 3048, but in that same year, the U.S. Supreme Court reiterated its 1988 ruling that AIRFA was a policy statement and not law, and as such, there was no legal right to the protection of sacred sites or the religious use of peyote in the Native American religion. Lyng v. Northwest Indian Cemetery Protection Association, 483 U.S. 439, 107 S. Ct. 2924, 97 L. Ed. 2d 364 (1988). New sacred land protection legislation was again introduced in 2002 and was still pending in early 2003.
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