Religious Freedom and Eagle Feather Protection
The Association on American Indian Affairs (AAIA), together with other tribes and Indian organizations, has established a Tribal Advisory Group to address ongoing stings and seizures by the U.S. government using legislation originally meant specifically to protect eagle feather use by Native American peoples.
In 2009, the United States Fish and Wildlife Service (FWS) conducted a series of raids and seizures of eagles and feathers from eagles, and other protected birds, on Indian reservations and powwows, as part of an “Eagle Sting Operation.” This sting operation resulted in the arrests of Native American artists and religious practitioners, including Native American Church members by undercover agents. The Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act prohibits the sale and possession of eagles and certain endangered birds, but certain exceptions to these prohibitions exist, which include an exception for traditional religious and cultural uses by Native Americans. Some involved have alleged the government’s law enforcement techniques were entrapment.
The NCAI passed a resolution noting that “the impact of the investigations is that fear and trepidation are encroaching upon the tribes’ culture and religious practices, to the point where tribal culture and religion may be forced underground again” and called for the creation of a Tribal Advisory Group to the US Fish & Wildlife Service.
Thus far, the Tribal Advisory Group has participated in meetings with top government officials from the White House, Interior Department, Department of Justice and Fish and Wildlife Service, and in panels and break-out sessions at a number of NCAI meetings attended by tribal leaders from across the country. The tribes are seeking a review of FWS law enforcement activities, appropriate revisions to FWS policies, procedures and regulations, better coordination with and recognition of tribal laws and law enforcement activities, and the promotion of tribal aviaries, among other things.
The Obama Administration has made two proposals to partially address the issues raised about overzealous federal law enforcement of federal statute in tribal communities: (1) development of a formal Justice Department policy that it will not prosecute members of federally recognized tribes that possess eagles and eagle feathers—that it will only prosecute those who are selling eagles, eagle feathers and other protected birds; and (2) development of a training course for tribal and federal wildlife enforcement staff, with the goal of moving toward delegation of federal authority to tribes who have the capacity to take over these functions.
