California makes it harder for native Americans to use Eagle feathers
By oscarbartoni
@oscarbartoni (2581)
United States
July 19, 2007 11:15am CST
What do you think of this?
California Clamps Down on Eagle Feathers!
The Government of California
May 9, 2007
California Bill Forbids Eagle Feather Acquisition and Facilitates
Arrests
On April 18, 2007 an amended bill (AB 1729) was introduced into the
California State Senate by the Committee on Water, Parks and
Wildlife forbidding the acquisition of eagle feathers and
parts "initially obtained on nontribal lands." The bill also
mandates that those possessing feathers maintain "valid tribal
identification in [their] immediate possession." With California 's
433,000 Native American people (US Census 2005 est.) comprising 14%
of the nation's indigenous population, the impact of this bill will
be immediate and felt nationwide.
Section 3801.6 of the bill creates problems for anyone participating
in ceremony (e.g. sun dance or sweat lodge) in which the possession
of non-traditional objects (i.e. tribal identification cards) may be
inappropriate. Because many, if not most, tribal members do not
carry identification with them while participating in ceremony, the
bill stands to facilitate the harassment and arrest of many tribal
members.
Requiring tribal identification to be immediately available is
unfeasible for individuals participating in ceremonies such as sweat
lodge or sun dance, during which participants are not to be bothered
(e.g. by being carded) and during which it would be inappropriate to
require them to leave their ceremonial site (e.g. to retrieve tribal
identification) .
The wording "Nothing in this section allows those feathers or parts
to be initially obtained on nontribal lands" is in direct
contradiction to Title 50 Part 22 of the Code of Federal Regulations
(50 CFR 22), which provides for the acquisition of eagle feathers
and parts for Native American religious and spiritual use through
the National Eagle Repository. The Repository, located on non-tribal
lands in Denver, CO, is the nation's primary source and distribution
center of eagle feathers and parts for religious use.
This limitation to tribal lands will severely hinder eagle feathers
and parts acquisition as directed by 59 F.R. 22953, the executive
order issued by President Clinton in 1994 directing the heads of
Executive Departments and Agencies, specifically the Department of
the Interior to "ensure the priority of distribution of
eagles," "minimize the delay and ensure respect and dignity in the
process of distributing eagles for Native American religious
purposes," and to "expand efforts to involve Native American tribes,
organizations, and individuals in the distribution process."
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