Eagle feather laws could change dramatically, depending on appeal

[Paul G]

The time-honored and exclusive right of American Indians to use eagle feathers for religious purposes has been challenged by a Utah judge whose findings will be appealed in the Denver 10th Circuit Court.

If the challenge is upheld and implemented, non-Natives would be able to obtain eagle feathers and parts from the National Eagle Repository for religious purposes, according to a Utah District Court judge.

Allowing non-Indians to apply would end a situation in which they are “subject to criminal prosecution if they possess eagle feathers at all” even though they may be “adherents to the very same religions” as Indian practitioners, Judge Dee Benson said.

In fact, American Indian groups and individuals disagree over whether non-Natives should engage in traditional Native spiritual practices, the lower court said.

The Justice Department confirmed Aug. 14 that the government has filed its opening brief appealing the Utah judge’s finding, paving the way for legal arguments over laws that preserve eagles, protect the practices of federally recognized tribes, and safeguard religion from undue government interference.

Fish and Wildlife Service records show there have been crimes involving 24,984 eagle parts over the last decade. FWS contends black market prices and activity are increasing “because there is a very high demand and a relatively short supply.”

Whole golden eagles sell for up to $1,200 and immature golden eagle central tail feathers for up to $200, the FWS said, with prices driven up in part by the lure of prize money from powwow dance contests, judged partially by the quality of contestants’ regalia.

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Eagle feather laws could change dramatically, depending on appeal | Indian Country Today | Content

[Josiah]

The time-honored and exclusive right of American Indians to use eagle feathers for religious purposes has been challenged by a Utah judge whose findings will be appealed in the Denver 10th Circuit Court.

If the challenge is upheld and implemented, non-Natives would be able to obtain eagle feathers and parts from the National Eagle Repository for religious purposes, according to a Utah District Court judge.

Allowing non-Indians to apply would end a situation in which they are “subject to criminal prosecution if they possess eagle feathers at all” even though they may be “adherents to the very same religions” as Indian practitioners, Judge Dee Benson said.

In fact, American Indian groups and individuals disagree over whether non-Natives should engage in traditional Native spiritual practices, the lower court said.

The Justice Department confirmed Aug. 14 that the government has filed its opening brief appealing the Utah judge’s finding, paving the way for legal arguments over laws that preserve eagles, protect the practices of federally recognized tribes, and safeguard religion from undue government interference.


Read more:

Eagle feather laws could change dramatically, depending on appeal | Indian Country Today | Content

Looks to that this will be settled in about 20 years!! Nothing moves fast in the Federal Court System

[anishtradish]

no way should non-natives be allowed to order through the repository. I think that if non-natives who are truly involved in our religions, maybe should be able to receive a few feathers from true natives. I can't see any non-natives claiming Native religion, then not even really being associated wit any real native religious groups, being able to just apply for feathers. There's thousands and thousands of non-natives who claim Native spirituality, and only a handful of these are really involved with us, so it would really be a challenge to actually identify who is true and who isn't. If you open that window to non-natives being able to own feathers, your going to get all those other people who should have no right to, and it will be almost impossible to pick and choose who can and who can't. So I say leave it as it is now, or just maybe allow us to pass on a few feathers to our non-native relatives through religious activities, and just giving them a copy of our permits.

And powwows are not a religious activity, so I don't want to see any non-natives busting out in bustles and fans that they were able to just fill out papers for. God knows how all them boyscouts and hippies will go crazy being able to apply for feathers. Powwows are why it's so hard to get feathers through the repository to begin with. People who are using them for religious ceremonies should get preference over those of us just using them to dance with.

[misterE]

Anishtradish said it all. no feather for non indians.

[Dat1NdnGuy]

DANG!!!...the waiting list is redonkulously long enuff as it is. Could u imagine if just ANY ol' body was able to apply?

[Josiah]

Even worse is the repository only has a few employees working this
Wow can you imagine a 10 or 15 year wait????

[anishtradish]

They should take in internships for young Natives going to school in that field like wildlife biology or wildlife law enforcement. Heck when I was going to school for wildlife biology and I would have given anything to volunteer there lol. Internships are good for places low staffed and budgeted, and helps the students build experience and credit.

It would be more helpful if they actually had a couple of Natives working there, or at least Native advisers if they don't already.



"hey uncle....I need you to hook me up" lol jk

[wa-zha-zhe]

Greed has always been a detriment to all of God's creations.
Non-natives are not satisfied until they have totally destroyed
or have made something extinct. Native Americans have always
been at the top of that list. They have no compassion for anything
sacred. They don't even respect themselves. They are the ones
making eagles or anything that are of significance to Native American
non-exsitent. It is easy to see what they have destroyed in the past
and continues into the future.

[Coyot_In_The_House]

Remembering some years ago....

An Elder from 6 Nations used to refer to Europeans as "The Destroyer"

[Mato Mahe]

They should take in internships for young Natives going to school in that field like wildlife biology or wildlife law enforcement. Heck when I was going to school for wildlife biology and I would have given anything to volunteer there lol. Internships are good for places low staffed and budgeted, and helps the students build experience and credit.

It would be more helpful if they actually had a couple of Natives working there, or at least Native advisers if they don't already.

Are the long wait times at the repository because of too few employees or more requests for eagles than there are eagles?

How would Native advisers speed up the process?


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