Eagle feather law
Encyclopedia
The eagle feather law provides many exceptions to federal wildlife laws regarding eagles and other migratory birds to enable Native Americans
to continue their traditional practices.
Under the current language of the eagle feather law, only individuals of certifiable Native American ancestry enrolled in a federally recognized
tribe are legally authorized to obtain eagle feathers. Unauthorized persons found with an eagle or its parts in their possession can be fined up to $25,000. The eagle feather law allows for individuals who are adopted members of federally recognized tribes to obtain eagle feathers and eagle feather permits.
tribal membership. There have been several legal challenges to the eagle feather law in which the law’s constitutionality and effects of racial segregation
and racial preferences have been called into question.
Presently there are a number of Native and non-Native American individuals and organizations dedicated to amending the language of the law to allow Native American tribes and tribal members greater opportunity to include select non-Native Americans as acceptable owners of eagles feathers for religious and spiritual use.
Defenders of the law have argued it is the only legal protection of Native American spirituality
, and that because eagle supplies are limited, increasing the number of people who can have them may make feathers more scarce. Arguments in favor of amending the law have been made on the grounds that it imposes racial preferences and segregation not traditionally found amongst Native American societies, and additionally that the race requirement of tribal enrollment to possess eagles undermines tribal sovereignty
rights to fully welcome and include others in tribal customs involving eagle feathers, thus harming the preservation of traditional values and practices of indigenous societies that have welcomed non-Native Americans for centuries. It is also argued that eagle permit certification restrictions based on race impede people with Native American ancestry, but who may be unable to prove their ancestry, from exploring their heritage.
Supporters advocate removing racial requirements from 50 CFR 22, stating that because such action will enable all U.S. citizens to apply for eagles or parts from the National Eagle Repository
(overseen by the United States Fish and Wildlife Service
), it would extend the ability of government-regulated programs and agencies to protect raptors by decreasing the profitability of raptor poaching and trafficking.
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
to continue their traditional practices.
Under the current language of the eagle feather law, only individuals of certifiable Native American ancestry enrolled in a federally recognized
Native American recognition in the United States
Native American recognition in the United States most often refers to the process of a tribe being recognized by the United States federal government, or to a person being granted membership to a federally recognized tribe. There are 565 federally recognized tribal governments in the United States...
tribe are legally authorized to obtain eagle feathers. Unauthorized persons found with an eagle or its parts in their possession can be fined up to $25,000. The eagle feather law allows for individuals who are adopted members of federally recognized tribes to obtain eagle feathers and eagle feather permits.
Criteria of ownership
The eagle feather law has incited ongoing debate over the criteria of ownership and possession of eagles and eagle parts based on race or ethnicity and Native AmericanNative Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
tribal membership. There have been several legal challenges to the eagle feather law in which the law’s constitutionality and effects of racial segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
and racial preferences have been called into question.
Presently there are a number of Native and non-Native American individuals and organizations dedicated to amending the language of the law to allow Native American tribes and tribal members greater opportunity to include select non-Native Americans as acceptable owners of eagles feathers for religious and spiritual use.
Defenders of the law have argued it is the only legal protection of Native American spirituality
Spirituality
Spirituality can refer to an ultimate or an alleged immaterial reality; an inner path enabling a person to discover the essence of his/her being; or the “deepest values and meanings by which people live.” Spiritual practices, including meditation, prayer and contemplation, are intended to develop...
, and that because eagle supplies are limited, increasing the number of people who can have them may make feathers more scarce. Arguments in favor of amending the law have been made on the grounds that it imposes racial preferences and segregation not traditionally found amongst Native American societies, and additionally that the race requirement of tribal enrollment to possess eagles undermines tribal sovereignty
Tribal sovereignty
Tribal sovereignty in the United States refers to the inherent authority of indigenous tribes to govern themselves within the borders of the United States of America. The federal government recognizes tribal nations as "domestic dependent nations" and has established a number of laws attempting to...
rights to fully welcome and include others in tribal customs involving eagle feathers, thus harming the preservation of traditional values and practices of indigenous societies that have welcomed non-Native Americans for centuries. It is also argued that eagle permit certification restrictions based on race impede people with Native American ancestry, but who may be unable to prove their ancestry, from exploring their heritage.
Supporters advocate removing racial requirements from 50 CFR 22, stating that because such action will enable all U.S. citizens to apply for eagles or parts from the National Eagle Repository
National Eagle Repository
The National Eagle Repository is operated and managed under the Office of Law Enforcement of the United States Fish and Wildlife Service located at the Rocky Mountain Arsenal National Wildlife Refuge outside of Denver, Colorado. It serves as central location for the receipt, storage, and...
(overseen by the United States Fish and Wildlife Service
United States Fish and Wildlife Service
The United States Fish and Wildlife Service is a federal government agency within the United States Department of the Interior dedicated to the management of fish, wildlife, and natural habitats...
), it would extend the ability of government-regulated programs and agencies to protect raptors by decreasing the profitability of raptor poaching and trafficking.