Page:United States Statutes at Large Volume 114 Part 1.djvu/839

 PUBLIC LAW 106-274—SEPT. 22, 2000 114 STAT. 803 Public Law 106-274 106th Congress An Act To protect religious liberty, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "ReHgious Land Use and Institutionalized Persons Act of 2000". SEC. 2. PROTECTION OF LAND USE AS RELIGIOUS EXERCISE. (a) SUBSTANTIAL BURDENS. — (1) GENERAL RULE. —No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution— (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest. (2) SCOPE OF APPLICATION.—T his subsection applies in any case in which— (A) the substantial burden is imposed in a program or activity that receives Federal financial assistance, even if the burden results from a rule of general applicability; (B) the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, even if the burden results from a rule of general applicability; or (C) the substantial burden is imposed in the implementation of a land use regulation or system of land use regulations, under which a government makes, or has in place formal or informal procedures or practices that permit the government to make, individualized assessments of the proposed uses for the property involved. (b) DISCRIMINATION AND EXCLUSION.— (1) EQUAL TERMS.— No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution. (2) NONDISCRIMINATION.— No government shall impose or implement a land use regulation that discriminates against Sept. 22, 2000 [S. 2869] Religious Land Use and Institutionalized Persons Act of 2000. 42 USC 2000CC note. 42 USC 2000CC.

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