By ROBERT JUMPER
Tutiyi (Snowbird) and Clyde, N.C.
During the September session of Dinilawigi (Tribal Council), the American Eagle Foundation (AEF) presented. The purpose of their visit was to solicit a partnership with the tribe to develop a rehabilitation and hospital facility for eagles and other birds of prey. The visit was facilitated by the Steve Youngdeer Post of the American Legion Post 143.
The Post commander, Warren Dupree, introduced the AEF Executive Director, Jessica Hall, saying, “We were so impressed with the facility that we invited them to come to be presented to the Eastern Band of Cherokee Indians (EBCI).”
I don’t think we have to spend a whole lot of time talking about the significance of the eagle to Cherokee and other Indian cultures. The symbolism of the eagle is so powerful that when the Europeans immigrated over and decided to take America as their own, they chose to appropriate the eagle as their national bird (although there were some calls to elect the turkey).
A dancer at the Eastern Band of Cherokee Pow Wow, held in Cherokee, N.C. in July, wears a double-row traditional dance bustle made of eagle feathers. (SCOTT MCKIE B.P./One Feather photo)
Beyond the presentation and the ask for financial partnership, the subject of feather repositories and the allocation of eagle feathers to native tribes was brought up. Kolanvyi (Big Cove) Rep. Perry Shell asked if the AEF was a certified eagle feather repository. Hall said that they are working through the process.
She stated, “Through our research, we have discovered that the Eastern Band of Cherokee Indians generally receive feathers, carcasses, and other eagle parts, I wouldn’t say last but are not given first priority over some of the tribes that are out west. We would like to work with the EBCI Dinilawigi to change that directly with US Fish and Wildlife particularly since the nation’s largest education center, sanctuary, and potential rehabilitation hospital will reside within an hour of this community.”
Elawodi (Yellowhill) Rep. Tom Wahnetah spoke on a situation involving acquiring feathers for a member of our community. “I been trying to get some feathers for an elder. We have been waiting for over three years for them to come. I’ve received email that the only reason we hadn’t received them yet was because of disease. I guess they are finding that some of the birds have avian disease that they have so they will not…they just destroy them. He may die before we ever get his feathers. So that is a concern.”
Hill stated that the disease has made a resurgence in the bird population but all birds under the care of AEF are tested and do not have the disease.
Ugvwiyuhi (Principal Chief) Michell Hicks also recounted issues with obtaining eagle feathers for tribal members. “We have had a request in for months because we get a number of requests, especially when our students graduate, to have a beaded feather. We are not able to access those either from the Executive Office. It would be helpful to have some access to benefit our kids. They take great pride when they wear that feather as they walk across the stage. So whatever hope you could give us would be appreciated.”
The U.S. Fish & Wildlife Service is the issuer of eagle feathers and parts. Many of the criteria and regulations of eagle part distribution fall under Title 50 Parts 10, 13, 21, and 22 of the Code of Federal Regulations and the Bald and Golden Eagle Protection Act.
On the website information page, some of the first requirements listed are those of being members of federally recognized tribes. “Who may obtain eagles, parts, and feathers from the (federal) Repository? Only enrolled members of Federally recognized tribes who are 18 years of age or older may apply to receive and possess eagles, parts, and feathers from the Repository for religious purposes.”
In the “common questions” section of the form: “Who is eligible for a Native American Religious Use permit? Permits can only be issued to enrolled members of federally recognized tribes. Individuals who cannot demonstrate enrollment in a federally recognized tribe cannot obtain a permit. Unfortunately, at this time, this includes Native Hawaiians.” And, along with the Native Hawaiians, it would include the state-recognized ”tribes” that reside in North Carolina. And, according to U.S. federal law, “a violation of the Act can result in a fine of $100,000 ($200,000 for organizations), imprisonment for one year, for a first offense. Penalties increase substantially for additional offenses, and a second violation of this Act is a felony.”
So, at some point, somewhere, the lawmakers of the United States thought this was an important issue. However recent behavior in North Carolina in particular shows that some in both the state “tribes” and the state government really aren’t worried about federal regulation. A One Feather editorial from the first week of May 2024, the same week that Cumberland County Schools had their 2024 Eagle Feather Ceremony, recounted some of the comments about state-recognized tribes receiving the feathers. One stated, “They can arrest me all they want.” That would seem to be an admission that they received and possessed an eagle feather in full knowledge that it was and is against federal law to do so. The presenters were so brazen as to quote the federal law, but their version said “Native Americans” may possess them, leaving out the part about being a federally recognized tribe as a requirement. Videos are available online of these ceremonies and maybe federal law enforcement should either enforce the law or explain why they choose to ignore the law.
AEF Director Hall, as she addressed the Dinilawigi, said, “We do struggle as an organization understanding how some state-recognized tribes get access to these feathers before federally recognized tribes and it is something that we are willing to throw our full support behind with US Fish and Wildlife in partnership with the Dinilawigi and the EBCI community.”
According to the North Carolina General Assembly website, the state legislature passed, and the governor ratified a new law titled “American Indians Graduating with Honors Act” in June 2023. It ordains the use of culturally significant objects “as part of the student’s regalia at any graduation ceremony for a school within a public school unit in which a student is a graduating participant. For the purposes of this section, objects of cultural significance are defined as bird feathers and plumes.” The catch is that the state provides this allowance to “a student that is, or is eligible to be, enrolled as a member of a State or federally recognized Indian Tribe.” Some editorialists have speculated that this is a license for state “tribes” to use eagle and even hawk feathers in public school graduation ceremonies.
In the global scheme of things, this may seem like a very trivial thing to worry about. But the disrespect shown to federally recognized tribes through the misuse of our “objects of cultural significance” erodes the very core of what it means to be a sovereign nation. Like our history, language, and all the other things that make us a unique people, the eagle holds cultural and spiritual significance that goes beyond federal law.
“The Bald Eagle has always been held in the highest of regard by the Cherokees. Perching and flying higher than other birds, no other bird is considered as sacred as the Bald Eagle. Flying off its high perch before the dawn, the eagle would fly into the sky, allowing the sunlight to filter through its wings to bring the day. The Creator so revered the eagle as master of the sky, the Creator did not wish for the Eagle to ever walk upon the earth. Thus, the Eagle mother lines her nest with a fine carpet of soft fur. Once the Eagle chick is fully feathered, the mother removes the fur, forcing the young Eagle to walk on rough twigs and thorns, encouraging the young Eagle to leave the nest and fly, taking his rightful place as master of the sky. Eagle feathers were given to boys as they transitioned into manhood. However, the feathers were collected only by the most respected of men, who would never allow harm to come to the Eagle.” (Cherokee Nation government site)
Ugvwiyuhi Hicks spoke of the importance of the eagle as a symbol of freedom. “I was just looking at the bald eagles in the chambers and, you know, it gives you a great feeling. We were at an event yesterday when an eagle flew over and it just made you feel safe. You could feel the freedom that we have known for centuries.”
I hope that the tribal government will seriously and deliberately seek this partnership with the American Eagle Foundation. The Dinilawigi and Ugvwiyuhi certainly seemed receptive to working out something with this organization and I think it could turn out to be one of the more significant partnerships we could invest ourselves in. Spiritually and culturally it makes good sense. We need allies in the defense of our sovereignty and defense of our values, especially if the federal government fails to uphold the law, the state condones violation of the law, and state “tribes” ignore the law.
