COMMENT: The US government should enforce eagle feather regulations.

By ROBERT JUMPER

Tutiya (Snowbird) and Clyde, North Carolina

During the September session of the Dinilawigi (Tribal Council) the American Eagle Foundation (AEF) presented. The purpose of their visit was to establish a partnership with the tribe to establish a rehabilitation and hospital facility for eagles and other raptors. The visit was facilitated by Steve Youngdeer Post of American Legion Post 143.

Post Commander Warren Dupree introduced AEF Executive Director Jessica Hall by saying, “We were so impressed with the facility that we invited them to introduce themselves to the Eastern Band of Cherokee Indians (EBCI).”

I don’t think we need to spend much time discussing the significance of the eagle to the Cherokee and other Native American cultures. The symbolism of the eagle is so powerful that when the Europeans arrived and decided to claim America as their own, they chose the eagle as their national bird (although there were some calls for the turkey).

In addition to the presentation and the request for a financial partnership, the topic of feather repositories and the allocation of eagle feathers to indigenous tribes was raised. Kolanvyi (Big Cove) representative Perry Shell asked if AEF was a certified eagle feather repository. Hall said they were working on that process.

She said, “Through our research, we have discovered that the Eastern Band of Cherokee Indians typically receives feathers, carcasses and other eagle parts, I wouldn’t say last, but they are not prioritized over some tribes in the west. We would like to work with EBCI Dinilawigi to change that directly with U.S. Fish and Wildlife, especially since the nation’s largest educational center, sanctuary and potential rehabilitation hospital will be within an hour of this community.”

Elawodi (Yellowhill) Rep. Tom Wahnetah spoke about the situation with getting feathers for a member of our community. “I was trying to get some feathers for an elder. We’ve been waiting for them for over three years. I got an email saying the only reason we haven’t gotten them yet is because he’s sick. I think they’re finding out that some of the birds have bird diseases that they have, so they’re not… they’re just destroying them. He could die before we get his feathers. So that’s concerning.”

Hill said the disease has re-emerged among the bird population, but all birds under AEF care have been tested and are free of the disease.

Ugvwiyuhi (Principal Chief) Michell Hicks also spoke about the challenges of getting eagle feathers for tribal members. “We’ve been getting requests for months now, because we get a lot of requests, especially when our students graduate, for beaded feathers. We can’t get access to them from the Executive Office either. It would be nice to have access to them so our kids can use them. They take a lot of pride in wearing that feather when they walk across the stage. So any hope you can give us would be appreciated.”

The U.S. Fish & Wildlife Service is the issuer of eagle feathers and parts. Many of the criteria and regulations for the distribution of eagle parts fall under Title 50 Parts 10, 13, 21, and 22 of the Code of Federal Regulations and the Bald and Golden Eagle Protection Act.

On the website’s information page, some of the first requirements listed are being a member of a federally recognized tribe. “Who is eligible to receive eagles, parts, and feathers from the (federal) repository? Only registered members of federally recognized tribes who are at least 18 years of age are eligible to apply to receive and possess eagles, parts, and feathers from the repository for religious purposes.”

In the “frequently asked questions” section of the form: “Who is eligible for a Native American religious use permit? Permits may be issued only to registered members of federally recognized tribes. Individuals who cannot demonstrate affiliation with a federally recognized tribe are not eligible for a permit. Unfortunately, at this time, this includes Native Hawaiians.” In addition to Native Hawaiians, this would also include federally recognized “tribes” that reside in North Carolina. Under U.S. federal law, “violation of the act can result in a fine of $100,000 ($200,000 for organizations), imprisonment for up to one year for a first offense. Penalties increase significantly for subsequent offenses, and a second violation of this act is a felony.”

So at some point, somewhere, the U.S. legislature decided this was an important issue. But recent behavior in North Carolina in particular shows that some in both the state’s “tribes” and state government really don’t care about federal regulation. A One Feather editorial from the first week of May 2024, the same week that Cumberland County Schools held its 2024 Eagle Feather Ceremony, quoted some of the comments about the state-recognized tribes receiving the feathers. One said, “They can arrest me all they want.” This seems like an admission that they received and possessed an eagle feather in full knowledge that it is and is illegal under federal law. The presenters were so brazen as to quote federal law, but their version was that “Native Americans” could possess them, leaving out the part about being a federally recognized tribe as a requirement. There are videos of these ceremonies available online, and perhaps federal law enforcement should either enforce the law or explain why they choose to ignore it.

AEF Director Hall, addressing Dinilawigi, said, “As an organization, we have trouble understanding how some state-recognized tribes are gaining access to these feathers before federally recognized tribes, and this is something we stand ready to provide our full support along with U.S. Fish and Wildlife in partnership with Dinilawigi and the EBCI community.”

According to the North Carolina General Assembly website, the state legislature passed and the governor ratified a new law titled the “American Indians Graduating with Honors Act” in June 2023. It mandates the use of culturally significant items “as part of a student’s attire at any graduation ceremony within a public school unit in which the student is a graduating participant. For purposes of this section, culturally significant items are defined as feathers and plumes of birds.” The catch is that the state provides this allowance “to a student who is, or qualifies to be, enrolled as a member of a state- or federally-recognized Indian tribe.” Some editors have speculated that this is a license for state “tribes” to use eagle or even hawk feathers at public school graduation ceremonies.

In the global scheme of things, this may seem like a very trivial thing to worry about. However, the disrespect shown to federally recognized tribes through the misuse of our “culturally significant properties” undermines the very heart of what it means to be a sovereign nation. Like our history, language, and all the other things that make us uniquely human, the eagle has cultural and spiritual significance that goes beyond federal law.

“The bald eagle has always been held in the highest regard by the Cherokee. Perching and flying higher than other birds, no other bird is considered as sacred as the bald eagle. Flying from its high perch before dawn, the eagle soared into the sky, allowing sunlight to filter through its wings to bring the day. The Creator so revered the eagle as the lord of the sky that he did not want the eagle to ever walk the earth. Therefore, the mother eagle lines her nest with a beautiful carpet of soft fur. When the eagle chick is fully feathered, the mother removes the fur, forcing the young eagle to walk on rough twigs and thorns, encouraging the young eagle to leave the nest and fly, taking its rightful place as lord of the sky. Eagle feathers were given to boys as they entered manhood. However, only the most respected men, who would never allow harm to come to the eagle, collected the feathers.” (Cherokee Nation Government Website)

Ugvwiyuhi Hicks spoke about the significance of the eagle as a symbol of freedom. “I was just looking at the bald eagles in the chambers and, you know, it gives you a wonderful feeling. We were at an event yesterday and an eagle flew over and you just felt safe. You could feel the freedom that we’ve known for centuries.”

I hope that the tribal government will seriously and thoughtfully pursue a partnership with the American Eagle Foundation. Dinilawigi and Ugvwiyuhi certainly seemed open to working something out with this organization, and I think that could be one of the more important partnerships that we could engage in. Spiritually and culturally, it makes sense. We need allies to defend our sovereignty and to defend our values, especially if the federal government does not uphold the law, the state tolerates lawlessness, and the state “tribes” ignore the law.