
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
