Story Published:
Jul 18, 2009
Story Updated:
Aug 17, 2009
BOULDER, Colo. – Native people were on the North American continent for thousands of years before European invasion, so mainstream media and others should seek out knowledgeable Natives when questions arise about indigenous practices, an Oglala Lakota traditional leader said.
A bald eagle’s body, found by a hiker in May near Boulder, wrapped in red cloth, was missing head, talons and tail feathers, and was believed to have fallen from a tree. After the discovery, a series of misunderstandings and misinformation ensued, fueled in part by media speculation.
The hiker reported his finding to the county sheriff’s office, which was baffled at the red wrapping. Wildlife officials suspected poaching, an autopsy was scheduled, rewards for information about the beheading were issued and, according to at least one press account, the discovery may have pointed to a “satanic sacrifice.”
“It behooves you to go out and find the right answers,” Birgil Kills Straight, of Kyle, S.D, co-founder of the Indigenous Law Institute, told those who attended a press conference July 13 at the Native American Rights Fund.
The conference, called in response to the controversy that arose after the eagle’s body was found, was organized by NARF, an Oglala Sioux Tribe delegation, and the Colorado Commission of Indian Affairs.
Its purpose was twofold: to scold the media for failing to seek out Native sources, but also to use the misunderstanding as an opportunity to educate people about Lakota and other Native traditions in which eagles and other raptors have long been treated with respect.
After the issue arose, some members of the area’s Native community became upset over what was perceived as a media slight, however unintentional, both to the community and to established spiritual practice. One young man, Steve LaPointe, Rosebud Lakota, contacted NARF and others about the principles involved.
It eventually was revealed that Darrell Pino, Diné, Colorado Springs, had obtained the eagle lawfully from the National Eagle Repository near Denver, a Fish and Wildlife Service-maintained collection point for dead eagles that distributes them for traditional purposes.
Pino had held a Sweatlodge ceremony conducted by Lee Plenty Wolf, Oglala Lakota, giving thanks for the eagle and acknowledging its importance. Then, as a veteran, he was authorized to take the parts he needed for traditional purposes, after which a second Sweatlodge ceremony was held. Pino said that, as Lakota tradition dictates, he ultimately wrapped the eagle’s body in red (honoring) cloth, prayed over and smudged the eagle, and placed it in a tree.
Plenty Wolf, of Pine Ridge but a long-time Denver area resident and spiritual leader, said there is a close connection between the eagle and a spiritual way of life, and it is important to realize “we don’t just go around killing eagles – there is a proper way.”
Pino said, “In no way was this eagle treated disrespectfully” and the press conference was “to try to break down some of the stereotypes that have been built over the years.”
Other conference participants were Myron Pourier, member of the executive committee, tribal council, Oglala Sioux Tribe; Ernest House Jr., Ute Mountain Ute, executive secretary, CCIA; Steven Moore, NARF senior staff attorney, who helped mediate the controversy with wildlife officials; and Don Ragona, Mattinicock, NARF development director and house attorney, who questioned why the press had only sought information from non-Natives.
It is important to “understand it’s not the community’s fault for being ignorant about another community,” Pourier said, asserting that the meeting’s purpose was education “so you can be more culturally sensitive.”
House reminded attendees that many tribal nations have called present-day Colorado home and the area “has been used since time immemorial by those tribes.” CCIA pressed for Native religious-use exemption from toughened state laws concerning eagle violations.
Part of the controversy apparently stemmed from recent FWS concerns about poaching.
In recent months, FBI and FWS enforcement agents conducted raids at the homes of feather workers in several states, following a West Coast sting operation that centered on the alleged killing of eagles and sale of their feathers and parts on the black market, where prices can range from hundreds to thousands of dollars.
NARF has been increasingly concerned that legitimate practices involving eagles have been under scrutiny and those using eagle feathers and parts for dance regalia, staffs and Native American Church and other spiritual traditions have been unfairly targeted.
Under federal law, with limited exceptions, only Native people can possess eagle feathers through gifts or inheritance, or from the repository, which issues permits specifically for individual birds or parts. Overall, eagles are protected under the Bald and Golden Eagle Protection Act and other laws, and killing them or trafficking in their parts is strictly forbidden under heavy penalties.
Native traditional uses are included under the American Indian Religious Freedom Act and other legislation including the Religious Freedom Restoration Act, but the protections offered are often considered to be limited.
In this case, “All they had to do was talk to one of the elders in our community,” Pino said of the confusion displayed in media accounts and elsewhere.
Tuesday, Jul 28 at 11:33 AM James Treasure wrote ...
How is possible to condoned our religious believes that has history of thousands of years. and in the State of Alaska the government slaughter wolf approved by the governor and is okay? I don't understand James Treasure
26919954Sunday, Jul 26 at 8:53 AM Anonymous wrote ...
redearth954, In other words the Native American Church of North America, has its rights to have a closed door policy, however it has absolutely no constitutional right to enforce its, through it's political influences, ‘closed door’ ideology onto other Native American Churches. This has been proven over and over again in US v. Boyll, Utah v. Oklevueha NAC and UDV v. U.S., Higher Courts unanimous decisions.
26801447Sunday, Jul 26 at 8:48 AM James WFE Mooney wrote ...
redearth954, The Native American Church is the only federally and United Nations recognized North and South American indigenous earth based religion, that truly represents American Native Culture and its spiritual practices. Historically, federally recognized tribal governments have been used to suppress the American Native Culture and its spiritual practices. The United States Government has no legal authority to enforce one churches Religious ideology on to another Church.
26801331Sunday, Jul 26 at 8:46 AM Anonymous wrote ...
redearth954 Thank you for supplying the following web-site, http://www.fws.gov/le/Natives/EagleRepository.htm , U.S. Fish & Wildlife Service, Office of Law Enforcement, National Eagle Repository - However, the following wording of this policy “ENROLLED MEMBERS OF FEDERALLY RECOGNIZED TRIBES MAY APPLY TO RECEIVE AND” is not stated. If it were mentioned the government would lose upon a judicial challenge to interfering in the religious practices based upon a political affiliation.
26801254Sunday, Jul 26 at 1:12 AM redearth954 wrote ...
James WFE Mooney, The website I shared earlier works, however, you can also just start at this homepage for the National Eagle Repository. http://www.fws.gov/le/Natives/EagleRepository.htm Only ENROLLED MEMBERS OF FEDERALLY RECOGNIZED TRIBES MAY APPLY TO RECEIVE AND POSSESS EAGLE CARCASSES, PARTS, AND FEATHERS... TO APPLY FOR AN EAGLE CARCASS OR PARTS OR FEATHERS... YOU MUST SUBMIT A PERMIT APPLICATION... AND A CERTIFICATE OF ENROLLMENT IN A FEDERALLY RECOGNIZED TRIBE...
26795424Saturday, Jul 25 at 4:45 PM Anonymous wrote ...
Greyed, the fed’s did not return the bulk of the Medicine to Oklevueha Native American Church because the State of Utah stored the 15,000 dried buttons in plastic garbage bags and what little moisture was left in the button’s spoiled all the other confiscated peyote into a mess of goo. Thus the Fed's destroyed the Medicine. The Peyote Chief was stored in a separate container and was already dried. This is what US Attorney's shared with my attorneys when the Peyote Chief was returned.
26782034Saturday, Jul 25 at 4:30 PM James WFE Mooney wrote ...
Greyed, you are mistaken on both issues, in the eyes of any United States Government agency, there is such a thing as separation of Church and State… Government has no legal authority to interfere with ‘any’ churches ideology or enforcing one churches by-laws on to another. In contrary to your way of thinking government agencies are required to protect any and all churches to worship in the manner they choose to worship providing they do not meet a ‘compelling interest standard’.
26781547Friday, Jul 24 at 8:06 PM greyed wrote ...
James Mooney....Those who are not enrolled in a tribe-whether they are in the Native American Church or not-are not allowed to have eagle feathers. You can disagree with the fairness of that but it's the law. That's why you had your peyote confiscated from you and the majority was not returned to you, remember?
26747344Friday, Jul 24 at 2:34 PM rezzie wrote ...
yeah... the first original illegals. Calling everybody else illegal.
26729579Friday, Jul 24 at 1:52 PM BraveModoc wrote ...
Our Culture is still mocked by whites And Blacks Alike When I was growing up I didnt see white or Blacks at our Potlachees which are still banned by the us Goverment but now its open to anyone which is insulting to my Ancestors cause they fought for our Beliefs and now there being mocked by the invaders
26726644Friday, Jul 24 at 8:46 AM James WFE Mooney wrote ...
Enuf and Confused Religion, The Act of 8/11/1978 (42 U.S.C. 1996), commonly referred to as the "American Indian Religion Freedom Act (AIRFA)" The exemption states very clearly “members of the Native American Church”; The Amendment to “AIRFA” Approved 10/6/1994, extended the exemption to include 'all' federally recognized American Native People. THIS AMENDMENT DID NOT EXCLUDE THE ORIGINAL WORDING OF “AIRFA” it merely amended the Act to include ‘all’ federally recognized tribal members.
26706272Friday, Jul 24 at 8:40 AM James WFE Mooney wrote ...
Redearth954, This page cannot be found http://www.fws.gov/forms/3-200-15.pdf. This may have been an actual form at one time until it was proven to be totally and completely an unconstitutional requirement aspect to a permit that was based on race and a political affiliation.
26705909Friday, Jul 24 at 1:25 AM Redearth954 wrote ...
Members of the Native American Church are NOT allowed eagle feathers unless they are Native American. See the code of Federal regs at this website... http://www.fws.gov/forms/3-200-15.pdf. Application for a permit to acquire eagle feathers (or any parts of an eagle) requires that the requesting individual is an enrolled member of an Indian tribe that is federally recognized under the Federally Recognized Tribal List Act of 1994, 25 U.S.C 479a-1, 108 Stat. 4791 (1994). (50 CFR 22.22)
26693776Thursday, Jul 23 at 5:02 PM Enuf said wrote ...
Non Indians should not be NAC!
26648731Thursday, Jul 23 at 12:38 PM Whitecloud wrote ...
So far one woman I heard of had to defend her self when someone turned her in for smoking pot. It was actually a smudge stick made of sage. Then we get cussed at when we use spears to take Salmon. Now someone finds a Eagle wrapped in red cloth. Which to me shouts ceremonial respect. We really do live in different worlds.
26625272Thursday, Jul 23 at 12:27 AM silly rabbit wrote ...
What irony. The article is about whites being educated to indian ways yet most indians are not educated to the fact that anyone of any race can possess eagle feather if they are a practising member of the Native American Church. Some natives protest that their religion has been "stolen". I guess they should protest in their native tongue lest some race protest that their language has been stolen by natives.
26599294Wednesday, Jul 22 at 5:20 PM Confused religion wrote ...
Shouldn't u have to be a real Native American to belong to Native American Church? (Is it not called (American Indian Religious Freedom Act of 1978)? The law is not referring to Non-Indians that are illegally practicing Indian Religion. Why would a medicine man tolerate non Indians to exploit our religion? Can they not just go to a Christian church? Every religion is not for all people, quit this madness! We pray to Jesus Christ, they can go to their own church and do the same.
26581184Wednesday, Jul 22 at 4:43 PM James WFE Mooney wrote ...
The Protector, "Stop Mocking Our Ways" who do you think you are for goodness sake? You actually believe that a race of American Native People own a religion! The United States Constitution was not instituted for 'one' race of people or for a group of federally recognized imprisoned reservations. I unlike most medicine people do not charge 'any' fee, what so ever, to show up and to conduct a ceremony. Please for your own sake get off your high horse and get an education into reality.
26578987Tuesday, Jul 21 at 10:35 AM The Protector wrote ...
The FWS they dispose of the eagle carcus by wrapping them in a plastic bag and burning them. Now this is disrespect and ONLY Natives ENROLLED NATIVES FROM A FEDERAL RECOGNIZED TRIBE IS ALLOWED TO POSSE EAGLE FEATHERS. Only enrolled members of a federal recognized tribe of the Native American Church are allowed to use and posse eagle feathers corect education on this is important James Mooney so Stop Mocking our ways and stop selling them.
26485877Saturday, Jul 18 at 1:22 PM James WFE Mooney wrote ...
"Under federal law, with limited exceptions, only Native people can possess eagle feathers through gifts or inheritance" Education is vitally important, providing the information being given is truthful. " 'only' Native people" the truth is that 'all' members of the Native American Church have their constitutional rights regardless, of their race to possess Eagle feathers and parts for their religious practices. Laws and government policies based on race are illegal in the United States.
26318316Saturday, Jul 18 at 12:50 PM Jack Meoff wrote ...
whatever!
26317079Saturday, Jul 18 at 4:11 AM a reader wrote ...
in reading the article, i am glad to have seen the comment of educatng the world of our traditions. education is the key. i believe that to let our sacred culture to have to be given up to be accepted. we are blessed to be able to live in two worlds, the one forced on us and our first world, because we still have our culture. i agree the world needs to know us to understand us. can't get no better than a NATIVE.
26302149Saturday, Jul 18 at 3:12 AM nancy wrote ...
wow how long has the non-indians been squatting on this land and still don't know nothing about the indigenous peoples of turtle island? how many times do we still get discriminated against and attacked because of our traditions, culture and spirituality? WAKE UP BOAT PEOPLE!!WAKE UP
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