sacred sites

What happened

No single statute protects sacred places. Executive Order 13007, signed in 1996, tells federal land managers, "to the extent practicable, permitted by law, and not clearly inconsistent with essential agency functions," to "accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners" and to "avoid adversely affecting the physical integrity of such sacred sites." It also says agencies shall maintain the confidentiality of sacred sites where appropriate. It defines a sacred site as a specific, discrete, narrowly delineated location on Federal land identified by a tribe or authoritative Indian religious representative as sacred.

The National Historic Preservation Act adds a process duty. Property of traditional religious and cultural importance to an Indian tribe may be eligible for the National Register, and a federal agency "shall consult" with a tribe that attaches religious and cultural significance to it.

Courts have been less protective. In Lyng v. Northwest Indian Cemetery Protective Association (1988), the Court held the Free Exercise Clause did not bar a road through an area used for religious purposes by the Yurok, Karok and Tolowa, and that the American Indian Religious Freedom Act "does not create any enforceable legal right." In 2025 the Supreme Court denied review in the Oak Flat case; Justice Gorsuch, dissenting, wrote that it is undisputed the plan will permanently "destroy the Apaches' historical place of worship."

Good to know. Court outcomes shown come from two matters only, and Justice Gorsuch's dissent, joined by Justice Thomas, is one justice's view.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error