Laura Bear wrote
> Our people have been using every kind of feathers, nuts, shells, quills,
> bark, herb, etc in our regalia and in making gifts to give (and lately to
> sell at powwows) for thousands of years before the white man came here.
> Now the state of Pennsylvania quoting a 70 year old law said "screw you
> and the Constitution too, we say you can't have feathers from any
> migratory bird, quills, and certain furs (even from roadkills)" and they
> will check the powwows to enforce this law.
The following regards only eagle feathers and parts, yet it applies to
the problem above and to all Native Americans in general. Many may not
know of this and you need to know your rights to obtain and possess
eagle feathers and parts. Code of Federal Regulations, Title 50, Part
22 Section 22.22 (often referred to simply as 50 CFR 22.22) Eagle
Permits, Permits for Indian Religious Purposes. This regulation permits
the "taking, posesssion, and transportation of bald or golden eagles, or
their parts, nests, or eggs for the religious use of Indians." Briefly,
you must submit a completed application form to the Department of
Interior which provides basic information (name, address, etc), as
well as certification from the BIA that you are "Indian" (this usually
requires only your BIA card info) and a certification (usually by a
signature on a form the government provides) from a duly authorized
official of the Native American religious group that you are authorized
to participate in bona fide tribal religious ceremonies (defined as
ceremonial and/or cultural activities). The eagles or parts possessed
under the permit are not transferable, except that they may be "handed
down from generation to generation or from one Indian to another in
accordance with tribal or religious customs" (which means they may be
gifted to another). Permittees "shall make a report or submit
inventories of eagle feathers or parts...on hand as may be requested"
(which means you need to keep a record of what you have and what you
have gifted to another in case some government agency inquires). The
permit to take eagles is good only for one year. The permit to possess
and transport is for the life of the permittee unless revoked. An
individual may possess up to the equivalent of one eagle, which I
believe is 50 feathers and may include other parts. The application
form is available from the National Eagle Repository of the Department
of Interior's Fish and Wildlife Service. The repository was in Ashland,
Oregon, but was moved to the southwest (New Mexico or Nevada??) about
two years ago. Call the Oregon number at (503) 482-4191 to request a
forwarding number. Then call that number and request an application
package. The package includes the required forms, basic rules, and a
copy of both the U.S. Code (the law, 16 USC 668-668c, Bald Eagle
Protection Act) and the Code of Federal Regulations (the regulations,
citation given above) governing this. I understand there are somewhat
similar regs governing other predatory birds and others covering
migratory birds, but I don't have information on these at present.
You may want to check the Code of Federal Regulations server at the
following web address: http://www.pls.com:8001/his/cfr.htm Migratory
birds are covered under 50 CFR 20.91 and 20.92. You may need to explore
that general area for specific information. Furs may also be covered
under 50 CFR. Check the index pages to the sections...if you can find to
them.
Les Tate
ltate@hiwaay.net