CITE

    16 USC Sec. 668a                                            01/08/2008

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER II - PROTECTION OF BALD AND GOLDEN EAGLES

HEAD

    Sec. 668a. Taking and using of the bald and golden eagle for
      scientific, exhibition, and religious purposes

STATUTE

      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.

SOURCE

    (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.