Congressman Richardson and other Honorable members of the United States House of Representatives, my name is Reuben A. Snake, Jr., and my address is P.O. Box 685, Winnebago, Nebraska 68071. This statement is being presented for the record of hearings held in the Native American Affairs Subcommittee of the Natural Resources Committee of the U.S. House of Representatives in support of the need to amend the American Indian Religious Freedom Act in order to create a uniform national law to protect the traditional use of peyote by Indian people in our ceremonies and services. The Native American Religious Freedom Project (NARFP) was created in April, 1990, immediately after the devastating decision in the U.S. Supreme Court case Employment Division of Oregon v. Smith, 494 U.S. 872 (1990). I was first asked by the Native American Church of the Omaha Tribe and then by the Native American Church of the Winnebago Tribe of Nebraska to pursue their interests in overcoming the impact of that decision so that Native American Church members could be made whole, and be legally accommodated so that the stigmas, risks of prosecution and other discriminatory effects that came with the Smith decision would no longer be a burden upon us. Since NARFP was created, we have received the endorsement of the Native American Church of North America, and have organized or participated in literally dozens of meetings and conferences involving Native American Church leaders and members from throughout the country. For instance, there was a meeting with constitutional law scholars and theologians at the Harvard Divinity School in November of 1990; a Native American Church Leaders Summit meeting in August of 1991 on the Winnebago Indian Reservation in Nebraska; an American Indian Religious Freedom Summit in Albuquerque in November of 1991; lengthy discussions at the annual meetings of every major Native American Church organization in America; numerous presentations to the Tribal Leaders Forum and the National Congress of American Indians during this post-Smith era; and to date five Field Hearings before the renamed Senate Committee on Indian Affairs. In virtually each and every one of those forums and many others we have found overwhelming support for the need to amend the American Indian Religious Freedom Act to protect our sacrament, our churches and our way of life. In addition, we have held briefing sessions with the Department of Justice, the Drug Enforcement Administration and the Texas Department of Public Safety. We consider those entities friends of our Native American Church and look forward to working with them in resolving this crisis in fundamental human rights. Interest in and sympathy for our current debilitating and unnecessary plight has spread beyond our nation's shores. I have personally appeared on German national television, and been interviewed in three French magazines as well as a newsletter circulated throughout South America serving the Indigenous peoples of those lands. Every major Native American Church organization in the country has officially joined the American Indian Religious Freedom Coalition for the purpose of supporting comprehensive amendments to AIRFA as proposed by the Coalition. Those groups include the Native American Church of North America, the Native American Church of Navajoland, the Native American Church of Oklahoma and the Native American Church of South Dakota. In addition to those multi-chapter organizations, independent NAC organizations such as Crow Indian Peyote Ceremonies and the Native American Church of Wyoming have also joined the Coalition. The degree of support for comprehensive federal legislation to protect and preserve the Native American Church is truly remarkable. Nearly every single chapter of the NAC is in support of the specific language which appears as Title II of proposed AIRFA amendments that have been circulated by the AIRFA Coalition and by Senator Inouye's office. I have attached a copy of that text to this testimony. As with any religious tradition, there are a few NAC chapters who would prefer a different approach to the language of the bill, but I think it is safe to say that virtually every NAC group supports the need for remedial legislation in light of the Smith decision. This problem, which the Native American Church did not create, is immediate and critical. Our elders and our children are looking to the legislative branch of the federal government to undo the damage done by the judicial branch. We call upon you with a strong and clear voice to find the time to understand and the courage to do the right thing. Then we can all walk in a dignified manner. We will pray for you. Respectfully Submitted on this 16th day of March, 1993. BY: REUBEN A. SNAKE, JR., Coordinator FREEDOM PROJECT PROPOSED AMENDMENT TO THE AMERICAN INDIAN RELIGIOUS FREEDOM ACT THE TRADITIONAL USE OF PEYOTE "TITLE II - TRADITIONAL USE OF PEYOTE "SEC. 201. FINDING. "The Congress finds that "(1) some Indian people have used the peyote cactus in various ceremonies for sacramental and healing purposes consistently for many generations, and such uses have been significant in perpetuating Indian tribes and cultures in that such ceremonies promote and strengthen the unique cultural cohesiveness of Indian tribes; "(2) since 1965, this ceremonial use of peyote by Indians has been protected by Federal regulation, which exempts such use from Federal laws governing controlled substances, and the Drug Enforcement Administration has manifested its continuing support of this Federal regulatory system; "(3) the State of Texas encompasses virtually the sole area in the United States in which peyote grows, and for many years has administered an effective regulatory system which limits the distribution of peyote to Indians for ceremonial purposes; "(4) while numerous States have enacted a variety of laws which protect the ceremonial use of peyote by Indians, many others have not, and this lack of uniformity has created hardships for Indian people who participate in such ceremonies; "(5) the traditional ceremonial use by Indians of the peyote cactus is integral to a way of life that plays a significant role in combating the scourge of alcohol and drug abuse among some Indian people; |