Les Tate
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50 CFR Sec. 22.22
Title 50
CHAPTER I
SUBCHAPTER B
PART 22
Subpart C
Sec. 22.22 Permits for Indian religious purposes.
The Director may, upon receipt of an application and in
accordance with the issuance criteria of this section, issue a
permit authorizing the taking, possession, and transportation of
bald or golden eagles, or their parts, nests, or eggs for the
religious use of Indians.
(a) Application procedure. Applications for permits to take,
possess, and transport bald or golden eagles, their parts, nests,
or eggs for the religious use of Indians shall be submitted to the
appropriate Special Agent in Charge (See: Sec. 13.11(b) of this
subchapter). Only applications from individual Indians will be
accepted. Each such application must contain the general
information and certification required by Sec. 13.12(a) of this
subchapter plus the following additional information:
(1) Species and number of eagles or feathers proposed to be
taken, or acquired by gift or inheritance.
(2) State and local area where the taking is proposed to be done,
or from whom acquired.
(3) Name of tribe with which applicant is associated.
(4) Name of tribal religious ceremony(ies) for which required.
(5) Applicant must attach a certification from the Bureau of
Indian Affairs that the applicant is an Indian.
(6) Applicant must attach a certification from a duly authorized
official of the religious group that the applicant is authorized to
participate in such ceremonies.
(b) Additional permit conditions. In addition to the general
conditions set forth in Part 13 of this Subchapter B, permits to
take, possess, and transport bald or golden eagles, their parts,
nests or eggs, for the religious use of Indians shall be subject to
the following conditions:
(1) Bald or golden eagles or their parts possessed under permits
issued pursuant to this section are not transferable, except such
birds or their parts may be handed down from generation to
generation or from one Indian to another in accordance with tribal
or religious customs; and
(2) Permittees shall make such reports or submit inventories of
eagle feathers or parts on hand as may be requested by the Special
Agent in Charge.
(c) Issuance criteria. The Director shall conduct an
investigation and not issue a permit to take, possess, and
transport bald or golden eagles, their parts, nests or eggs, for
the religious use of Indians unless he has determined that such
taking, possession, and transportation is compatible with the
preservation of the bald or golden eagle. In making such
determination, the Director shall consider, among other criteria,
the following:
(1) The direct or indirect effect which issuing such permit would
be likely to have upon the wild populations of bald or golden
eagles; and
(2) Whether the applicant is an Indian who is authorized to
participate in bona fide tribal religious ceremonies.
(d) Tenure of permits. Any permit issued pursuant to this
section under which the applicant is authorized to take eagles
shall be valid during the period specified on the face thereof
which shall in no case be longer than 1 year from date of issue.
Any permit issued pursuant to this part which authorizes the
permittee to transport and possess eagles or their parts shall be
valid for the life of the permittee unless sooner revoked.
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Division of Law Enforcement
National Eagle Repository
The National Eagle Repository is located at Rocky Mountain Arsenal
northeast of Denver, Colorado. Its purpose is to provide a central
location for the receipt, storage, and distribution of bald and golden
eagles that are found dead, and their parts. The eagles, and their
parts, are shipped to qualified Native Americans for use in religious
Indian ceremonies.
It is illegal for any individual to possess a bald or golden eagle,
including its parts (feathers, feet, etc). The distribution of bald and
golden eagles, and their parts to Native Americans is authorized by
the Bald and Golden Eagle Protection Act and Regulations found in
50 CFR 22.
Qualified Native Americans wishing to obtain bald or golden eagles or
their parts, must submit an application to the U.S. Fish and Wildlife
Service, Wildlife Permit Office which services the state where the
applicant resides. The completed application is sent to the National
Eagle Repository and the order is filled on a first come, first serve
basis. In 1995, there were approximately 3,00 more approved
applications for eagles on file than there were available eagles.
Federal and State conservation agencies, zoological parks, rehabilitators,
and others who may legally possess and transport dead bald and golden
eagles are encouraged to send the dead birds, and their parts, to the
Repository so they can be reutilized by Native Americans. Contact the
Repository prior to shipping of the eagles to ensure someone will be
present to receive them.
The National Eagle Repository may be contacted at:
U.S. Fish and Wildlife Service
National Eagle Repository
Rocky Mountain Arsenal, Building 619
Commerce City, Colorado 80022
303/287-2110
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Their website has copies of the necessary forms in WordPerfect 5.2
for Windows format and the address to write if you need paper copies.
http://r6alph.irm.r6.fws.gov/www/fws/law/le65.html
You may also want to take a look at the National Wildlife Property
Repository since they may be able to supply other items such as
furs, bones, claws, etc.
http://r6alph.irm.r6.fws.gov/www/fws/law/le64.html
Les Tate