Post by blackcrowheart on Jun 23, 2008 16:58:51 GMT -5
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
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."
AB 1729 is posted on the California State Senate
website at:
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
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."
AB 1729 is posted on the California State Senate
website at: