§ 668a. — Taking and using of the bald and golden eagle for scientific, exhibition, and religious purposes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC668a]
TITLE 16--CONSERVATION
CHAPTER 5A--PROTECTION AND CONSERVATION OF WILDLIFE
SUBCHAPTER II--PROTECTION OF BALD AND GOLDEN EAGLES
Sec. 668a. Taking and using of the bald and golden eagle for
scientific, exhibition, and religious purposes
Whenever, after investigation, the Secretary of the Interior shall
determine that it is compatible with the preservation of the bald eagle
or the golden eagle to permit the taking, possession, and transportation
of specimens thereof for the scientific or exhibition purposes of public
museums, scientific societies, and zoological parks, or for the
religious purposes of Indian tribes, or that it is necessary to permit
the taking of such eagles for the protection of wildlife or of
agricultural or other interests in any particular locality, he may
authorize the taking of such eagles pursuant to regulations which he is
hereby authorized to prescribe: Provided, That on request of the
Governor of any State, the Secretary of the Interior shall authorize the
taking of golden eagles for the purpose of seasonally protecting
domesticated flocks and herds in such State, in accordance with
regulations established under the provisions of this section, in such
part or parts of such State and for such periods as the Secretary
determines to be necessary to protect such interests: Provided further,
That bald eagles may not be taken for any purpose unless, prior to such
taking, a permit to do so is procured from the Secretary of the
Interior: Provided further, That the Secretary of the Interior, pursuant
to such regulations as he may prescribe, may permit the taking,
possession, and transportation of golden eagles for the purposes of
falconry, except that only golden eagles which would be taken because of
depredations on livestock or wildlife may be taken for purposes of
falconry: Provided further, That the Secretary of the Interior, pursuant
to such regulations as he may prescribe, may permit the taking of golden
eagle nests which interfere with resource development or recovery
operations.
(June 8, 1940, ch. 278, Sec. 2, 54 Stat. 251; Pub. L. 87-884, Oct. 24,
1962, 76 Stat. 1246; Pub. L. 92-535, Sec. 2, Oct. 23, 1972, 86 Stat.
1065; Pub. L. 95-616, Sec. 9, Nov. 8, 1979, 92 Stat. 3114.)
Amendments
1978--Pub. L. 95-616 authorized taking of golden eagle nests which
interfere with resource development or recovery operations.
1972--Pub. L. 92-535 inserted proviso that the Secretary of the
Interior may permit the taking, possession, and transportation of golden
eagles for the purposes of falconry with exception that only golden
eagles that cause depredations on livestock and wildlife may be taken
for falconry.
1962--Pub. L. 87-884 extended provisions of section to the golden
eagle, permitted the taking of specimens for the religious purposes of
Indian tribes and authorized the taking of golden eagles for purpose of
seasonally protecting domesticated flocks and herds.
Policy Concerning Distribution of Eagle Feathers for Native American
Religious Purposes
Memorandum of President of the United States, Apr. 29, 1994, 59 F.R.
22953, provided:
Memorandum for the Heads of Executive Departments and Agencies
Eagle feathers hold a sacred place in Native American culture and
religious practices. Because of the feathers' significance to Native
American heritage and consistent with due respect for the government-to-
government relationship between the Federal and Native American tribal
governments, this Administration has undertaken policy and procedural
changes to facilitate the collection and distribution of scarce eagle
bodies and parts for this purpose. This memorandum affirms and
formalizes executive branch policy to ensure that progress begun on this
important matter continues across the executive branch.
Today, as part of an historic meeting with all federally recognized
tribal governments, I am directing executive departments and agencies
(hereafter collectively ``agency'' or ``agencies'') to work
cooperatively with tribal governments and to reexamine broadly their
practices and procedures to seek opportunities to accommodate Native
American religious practices to the fullest extent under the law.
As part of these efforts, agencies shall take steps to improve their
collection and transfer of eagle carcasses and eagle body parts
(``eagles'') for Native American religious purposes. The success of this
initiative requires the participation, and is therefore the
responsibility, of all Federal land managing agencies, not just those
within the Department of the Interior. I therefore direct each agency
responsible for managing Federal lands to diligently and expeditiously
recover salvageable eagles found on lands under their jurisdiction and
ensure that the eagles are promptly shipped to the National Eagle
Repository (``Repository''). To assist agencies in this expanded effort,
the Secretary of the Interior shall issue guidelines to all relevant
agencies for the proper shipment of eagles to the Repository. After
receiving these guidelines, agencies shall immediately adopt policies,
practices, and procedures necessary in accordance with these guidelines
to recover and transfer eagles to the Repository promptly.
I support and encourage the initial steps taken by the Department of
the Interior to improve the distribution of eagles for Native American
religious purposes. In particular, the Department of the Interior shall
continue to adopt policies and procedures and take those actions
necessary to:
(a) ensure the priority of distribution of eagles, upon permit
application, first for traditional Native American religious purposes,
to the extent permitted by law, and then to other uses;
(b) simplify the eagle permit application process quickly and to the
greatest extent possible to help achieve the objectives of this
memorandum;
(c) minimize the delay and ensure respect and dignity in the process
of distributing eagles for Native American religious purposes to the
greatest extent possible;
(d) expand efforts to involve Native American tribes, organizations,
and individuals in the distribution process, both at the Repository and
on tribal lands, consistent with applicable laws;
(e) review means to ensure that adequate refrigerated storage space
is available to process the eagles; and
(f) continue efforts to improve the Repository's ability to
facilitate the objectives of this memorandum.
The Department of the Interior shall be responsible for coordinating
any interagency efforts to address continuing executive branch actions
necessary to achieve the objectives of this memorandum.
We must continue to be committed to greater intergovernmental
communication and cooperation. In addition to working more closely with
tribal governments, we must enlist the assistance of, and cooperate
with, State and local governments to achieve the objectives of this
memorandum. I therefore request that the Department of the Interior work
with State fish and game agencies and other relevant State and local
authorities to facilitate the objectives of this memorandum.
With commitment and cooperation by all of the agencies in the
executive branch and with tribal governments, I am confident that we
will be able to accomplish meaningful progress in the distribution of
eagles for Native American religious purposes.
The Director of the Office of Management and Budget is authorized
and directed to publish this memorandum in the Federal Register.
William J. Clinton.
