In a monumental decision that underscores the agency’s commitment to honoring the wishes of federally recognized Tribes, the U.S. Fish and Wildlife Service has revised its eagle policy regarding the retention of eagle remains on lands within Indian Country. Federally recognized Tribes are now able to retain bald and golden eagle remains found on these lands under certain conditions and with the proper permits.   

In 2017, the Service hosted numerous in-person and telephone consultation opportunities for federally recognized Tribes in the United States. During these consultation sessions, Tribal members requested the ability to retain bald and golden eagle remains found on their lands. The Service has revised its policy to accommodate this request. 

The updated policy has three goals: authorize the retention of eagles found by a Tribe’s members in Indian Country, enhance eagle conservation on these lands, and avoid unnecessary human health or safety challenges that some deceased eagles pose.

“The U.S. Fish and Wildlife Service is honored to have the ability to support Tribes’ spiritual, religious and cultural pursuits by authorizing the retention of eagle remains found by federally recognized Tribal members on their lands,” said Principal Deputy Director Margaret Everson. “By working together, we hope to conserve bald and golden eagle populations for future generations.” 

 “The Trump Administration is proud to acknowledge the significance of the eagle in many Tribal cultures,” said Joe Grogan, Director, White House Domestic Policy Council. “This new policy honors that significance as well as the commitment Tribal governments have displayed leveraging their sovereignty, in concert with the United States, to safeguard the bald eagle and other eagle species of religious importance in Tribal communities.  It also cuts back needless bureaucratic red tape. The White House thanks the Department of the Interior for leading the way to this sensible new policy.”

“Because of its intrinsic beauty, skill and courage, the eagle is a valued symbol of America and has long been venerated in many Tribal cultures throughout Indian Country,” said John Tahsuda, Interior Principal Deputy Assistant Secretary – Indian Affairs. “Indian Affairs staff have worked with the U.S. Fish and Wildlife Service and Tribal nations on a common-sense approach to the handling of bald and golden eagle remains found on Tribal lands.  This updated eagle policy respects Tribal cultural and religious practices while protecting eagle populations now and in the future.”  

Under the updated policy, a federally recognized Tribe must receive a permit prior to possessing eagle remains found within Indian Country. When a Tribal member or an employee of a federally recognized Tribe discovers eagle remains, he or she must report it immediately to Tribal or Service law enforcement officials.

Eagle remains found and reported may be eligible for return to the federally recognized Tribe for religious purposes after the Service completes any activities it deems necessary for law enforcement or for scientific management reasons.

If the Service or a Tribal law enforcement officer designated by the Service determines that the eagle was not taken intentionally and human health risks aren’t suspected or known, it may be transferred directly to the respective federally recognized Tribe as long as the proper permits are in place.

Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act, the Lacey Act and the Migratory Bird Treaty Act. Certain activities like harassing, killing or selling these species are strictly prohibited. Eagles that are unlawfully taken, diseased, poisoned or part of an ongoing investigation will not be eligible for distribution.

Here are some quick facts and links to the cooperating agencies to get up to speed on the facts and laws effected. This eagle policy change overrules some laws and strengthens a few others.

Eagle policy guidelines for federally recognized Tribes, Tribal employees or Tribal members regarding what to do when eagle remains are found in Indian Country

Background: In 2017, the U.S. Fish and Wildlife Service hosted a variety of in-person and telephone consultation opportunities for federally recognized Tribes in the United States. During these consultation sessions, Tribal members requested the ability to retain deceased eagles found in *Indian Country, as defined under 18 U.S.C. 1151. The Service has decided to revise its eagle policy to accommodate this request.

Purpose: The updated eagle policy (720 FW 6) has three goals: to authorize the retention of eagles found by a Tribe’s members on that Tribe’s lands (i.e., Indian Country); to enhance eagle conservation in Indian Country; and to avoid unnecessary human health or safety challenges that some deceased eagles pose. Please note that all native eagles are still protected under the Bald and Golden Eagle Protection Act, the Lacey Act and the Migratory Bird Treaty Act.

A permit from the Service is required to retain eagles found in Indian Country and permit conditions must be followed for that activity to be lawful. Tribes may apply for a permit prior to or after the discovery of an eagle on their land that they wish to keep. This original permit will be amended to authorize tribal possession of additional eagles discovered and reported in compliance with the permit conditions going forward. The Service will not assess a permit application processing fee for this permit.

What to do if you find eagle remains in Indian Country:

1. First, the eagle must be reported to the Service’s Office of Law Enforcement (OLE). Contact information is listed below. It may be advisable for you to contact your Tribal law enforcement office as well.

2. Reporting is important for eagle conservation because it contributes key information about the causes and extent of eagle mortality.

3. Do not touch the dead eagle; there may be contaminants or disease present.

4. The eagle must not be collected or possessed until specific authorization (verbal or written) is received from an OLE special agent. Collection of dead eagles without authorization is a violation of federal law.

5. Deceased eagles found in Indian Country may be eligible for transfer to that Tribe after law enforcement or scientific research requirements are met. The eagle(s) must be properly reported to the OLE and a permit must be obtained by the Tribe. Eagles that were killed intentionally, and/or eagles that are suspected of posing a human health and safety risk will not be transferred to the Tribe.

Service contact information: Headquarters and Regional Office of Law Enforcement: https://www.fws.gov/le/regional-law-enforcement-offices.html

Regional Migratory Bird Permit Offices: https://www.fws.gov/birds/about-us/about-us-regional-offices.php

Native American Liaisons: https://www.fws.gov/nativeamerican/contact.html

*Indian Country, as defined under 18 U.S.C. 1151, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.