By Cherokee One Feather Editorial Board
Eagle feathers are federally regulated and prohibited from possession by anyone but federally recognized Native American tribes.
The federal government regulates the possession of eagle feathers. No one may possess an eagle feather or any other part of an eagle except someone from a federally recognized tribe. Eagles are protected by laws (the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act) and everyone is prohibited from killing or capturing them.
Rick Bottchenbaugh, an elder of the Eastern Band of Cherokee Indians from Kolanvyi (Big Cove), wears an eagle feather bustle at the 2023 Eastern Band Cherokee Pow Wow in Cherokee, N.C. He and other members of federally recognized tribes have the legal right to obtain and wear eagle feathers for spiritual and traditional reasons. (SCOTT MCKIE B.P./One Feather photo)
The right to possession of eagle feathers and parts is very clearly spelled out in federal law. “Enrolled members of federally recognized tribes may obtain a permit from the (U.S. Fish and Wildlife Service) authorizing them to receive and possess eagle feathers and parts.”
This right does not extend to state-recognized bodies and others that claim native history and heritage and do not have full federal recognition. There are 574 American Indian tribes and Alaska Natives who are recognized by the federal government and have the rights of sovereign nations. It is because the federal government acknowledges tribal sovereignty that the exception for federally recognized tribal members to possess eagle feathers exists.
Size matters, if you are a politician. It is easy to conjecture why certain senators might be inclined to support a special interest group that purports 55,000 members, with a good percentage of that number of voting age. For politicians who depend on votes to continue their livelihood and power, a voting block of that size could cause people to change their points of view on any number of issues, regardless of the ethical appropriateness of their actions.
Turning a blind eye to violations of law because someone might get mad at you is another ethical dilemma for the federal government.
It is also easy to see why other organizations, including indigenous representative organizations, would back away from upholding the traditional determination standards for federal recognition if an organization failed or decided not to meet those.
It is apparently not hard to decide between doing what is right with doing what is expedient when political influence is at stake. Ethics frequently fall to a “strength in numbers” mentality, or in political circles, it might be phrased as “might makes right”.
After the Obama administration gave direction in 2012, the Department of Justice established a policy for the possession of eagle feathers. A Washington Post article (Feb. 22, 2013) said, “The Justice Department said in October that it would allow Native Americans to possess or use eagle feathers for religious or cultural purposes. But there was a catch: The new rule applies only to members of federally recognized tribes, and the Lumbee Tribe is not one of them. Consequently, the Lumbees and members of other non-federally recognized tribes who own feathers are violating the Bald Eagle Protection Act, which makes it a crime to possess a feather without a federal permit.”
A few of the Lumbee organization members spoke out on the issue, expressing no issue with violating federal law and weakening the sovereignty of tribal nations who have successfully worked through the process of federal recognition. One said that he owned 150 (eagle) feathers but gave most of them away, keeping one for his car and two that he puts on his head when he attends powwows. “They can arrest me all they want.” This member stated that he relied on the federal government’s fear of bad publicity to defy the law. Speaking regarding the possibility of federal authorities making arrests at Lumbee powwows, he said he believes that won’t happen. “The publicity and the sacrilege that it would portray would be more bad press than they would like and put other Indians on notice.”
Another Lumbee member said she is reliant on federal law enforcement focusing on bigger crimes to allow her to keep and wear eagle feathers. “If it gets bad (federal enforcement of the Bald Eagle Protection Act), then I just won’t wear them. It makes little sense to have federal officials worry about feathers sitting quietly in my closet with school shootings and other big issues to address.”
It is quite a big deal to possess eagle feathers to these entities, but not a big deal to violate the law that protects eagle feathers from misuse and designates guidelines for possession. They put the cart before the horse in that they want to be handed the rights of fully federally recognized tribes without going through the process of becoming fully federally recognized. And then they want to leverage that action as an act of tribal sovereignty instead of sedition.
And the plan seems to be working. At the Cumberland County Eagle Feather Ceremony, held at Gray’s Creek High School in 2022 and 2023, Cumberland County Schools and the Office of Indian Education handed out eagle feathers to both federally recognized-and state-recognized graduating students. The Master of Ceremonies at the event even quoted from the U.S. Fish and Wildlife Service policy limiting possession of eagle feathers stating, “Native Americans may give feathers or other eagle items as gifts to other Native Americans and may hand them down within the families. They may not, however, give them to non-Native Americans.” She left out the part in the law she was reading from that defines Native American in the context of obtaining eagle feathers as “federally recognized”.
At the May 5, 2023, Cumberland County Eagle Feather Ceremony, a speaker, Ms. Reba Dore, was called up to give a talk on the “Significance of the Eagle Feather”. The Master of Ceremonies introduced Ms. Dore as “a member of the Eastern Band of Cherokee”. She read from a prepared statement or script about the importance of eagle feathers and how recipients should “use” their feathers. One Feather asked the EBCI Enrollment Office to verify that Ms. Dore is on the roll of the Eastern Band of Cherokee Indians. They could find no record of a Reba Dore on the roll.
Eagle feathers are an important symbol for Native tribes with religious and cultural significance. The express permission received by federally recognized tribes to seek permits for and possess eagle feathers is an acknowledgment of the sovereignty of tribal nations. Like federal recognition, organizations claiming the right to possess eagle feathers should be willing and should be required to comply with the standards that are set in place to protect eagle feathers and Native American identity. And the federal government should be diligent in enforcement, even if the feathers are sitting quietly in a closet, and even at the risk of political backlash.
