16 U.S.C. § 668a — Taking and using of the bald and golden

Page 1171 TITLE 16—CONSERVATION § 668a 1959—Pub. L. 86–70 struck out ‘‘except the Territory of Alaska,’’ after ‘‘subject to the jurisdiction thereof,’’. Statutory Notes and Related Subsidiaries SHORT TITLE Act June 8, 1940, ch. 278, 54 Stat. 250, which is classi- fied to this subchapter, is popularly known as the ‘‘Bald and Golden Eagle Protection Act’’ and also as the ‘‘Bald Eagle Protection Act’’. LEGISLATIVE INTENT Enacting clause of act June 8, 1940, provided: ‘‘Whereas the Continental Congress in 1782 adopted the bald eagle as the national symbol; and ‘‘Whereas the bald eagle thus became the symbolic representation of a new nation under a new government in a new world; and ‘‘Whereas by that act of Congress and by tradition and custom during the life of this Nation, the bald eagle is no longer a mere bird of biological interest but a symbol of the American ideals of freedom; and ‘‘Whereas the bald eagle is now threatened with ex- tinction: Therefore ‘‘Be it enacted * * *’’, etc. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior related to compliance with this subchapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas trans- ferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func- tions and authority vested in Secretary of Energy sub- sequently transferred to Federal Coordinator for Alas- ka Natural Gas Transportation Projects by section 720d(f) of Title 15. § 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 com- patible with the preservation of the bald eagle or the golden eagle to permit the taking, posses- sion, 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 tak- ing of such eagles for the protection of wildlife or of agricultural or other interests in any par- ticular 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 sea- sonally protecting domesticated flocks and herds in such State, in accordance with regula- tions 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 per- mit to do so is procured from the Secretary of the Interior: Provided further, That the Sec- retary of the Interior, pursuant to such regula- tions as he may prescribe, may permit the tak- ing, possession, and transportation of golden ea- gles for the purposes of falconry, except that only golden eagles which would be taken be- cause of depredations on livestock or wildlife may be taken for purposes of falconry: Provided further, That the Secretary of the Interior, pur- suant 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, § 2, 54 Stat. 251; Pub. L. 87–884, Oct. 24, 1962, 76 Stat. 1246; Pub. L. 92–535, § 2, Oct. 23, 1972, 86 Stat. 1065; Pub. L. 95–616, § 9, Nov. 8, 1979, 92 Stat. 3114.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–616 authorized taking of golden eagle nests which interfere with resource development or re- covery operations. 1972—Pub. L. 92–535 inserted proviso that the Sec- retary of the Interior may permit the taking, posses- sion, and transportation of golden eagles for the pur- poses of falconry with exception that only golden ea- gles 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. Executive Documents 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 Depart- ments and Agencies Eagle feathers hold a sacred place in Native Amer- ican culture and religious practices. Because of the feathers’ significance to Native American heritage and consistent with due respect for the government-to-gov- ernment 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 feder- ally recognized tribal governments, I am directing ex- ecutive departments and agencies (hereafter collec- tively ‘‘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 re- ligious purposes. The success of this initiative requires the participation, and is therefore the responsibility, of Page 1172 TITLE 16—CONSERVATION § 668b all Federal land managing agencies, not just those within the Department of the Interior. I therefore di- rect each agency responsible for managing Federal lands to diligently and expeditiously recover salvage- able eagles found on lands under their jurisdiction and ensure that the eagles are promptly shipped to the Na- tional Eagle Repository (‘‘Repository’’). To assist agen- cies in this expanded effort, the Secretary of the Inte- rior 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 trans- fer 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 con- tinue 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 Amer- ican 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 Amer- ican religious purposes to the greatest extent possible; (d) expand efforts to involve Native American tribes, organizations, and individuals in the distribution proc- ess, both at the Repository and on tribal lands, con- sistent 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 abil- ity to facilitate the objectives of this memorandum. The Department of the Interior shall be responsible for coordinating any interagency efforts to address con- tinuing executive branch actions necessary to achieve the objectives of this memorandum. We must continue to be committed to greater inter- governmental communication and cooperation. In addi- tion 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 De- partment 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 agen- cies in the executive branch and with tribal govern- ments, I am confident that we will be able to accom- plish 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. § 668b. Enforcement provisions (a) Arrest; search; issuance and execution of warrants and process Any employee of the Department of the Inte- rior authorized by the Secretary of the Interior to enforce the provisions of this subchapter may, without warrant, arrest any person com- mitting in his presence or view a violation of this subchapter or of any permit or regulations issued hereunder and take such person imme- diately for examination or trial before an officer or court of competent jurisdiction; may execute any warrant or other process issued by an officer or court of competent jurisdiction for the en- forcement of the provisions of this subchapter; and may, with or without a warrant, as author- ized by law, search any place. The Secretary of the Interior is authorized to enter into coopera- tive agreements with State fish and wildlife agencies or other appropriate State authorities to facilitate enforcement of this subchapter, and by said agreements to delegate such enforce- ment authority to State law enforcement per- sonnel as he deems appropriate for effective en- forcement of this subchapter. Any judge of any court established under the laws of the United States, and any United States magistrate judge may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. (b) Forfeiture All bald or golden eagles, or parts, nests, or eggs thereof, taken, possessed, sold, purchased, bartered, offered for sale, purchase, or barter, transported, exported, or imported contrary to the provisions of this subchapter, or of any per- mit or regulation issued hereunder, and all guns, traps, nets, and other equipment, vessels, vehi- cles, aircraft, and other means of transportation used to aid in the taking, possessing, selling, purchasing, bartering, offering for sale, pur- chase, or barter, transporting, exporting, or im- porting of any bird, or part, nest, or egg thereof, in violation of this subchapter or of any permit or regulation issued hereunder shall be subject to forfeiture to the United States. (c) Customs laws applied All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for vio- lation of the customs laws, the disposition of such vessel or the proceeds from the sale there- of, and the remission or mitigation of such for- feitures, shall apply to the seizures and forfeit- ures incurred, or alleged to have been incurred, under the provisions of this subchapter, insofar as such provisions of law are applicable and not inconsistent with the provisions of this sub- chapter: Provided, That all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Treasury Department shall, for the purposes of this sub- chapter, be exercised or performed by the Sec- retary of the Interior or by such persons as he may designate. (June 8, 1940, ch. 278, § 3, 54 Stat. 251; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 92–535, § 3, Oct. 23, 1972, 86 Stat. 1065; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes AMENDMENTS 1972—Pub. L. 92–535 substituted provisions relating to enforcement of this subchapter including arrest, with- out warrant, issuance and execution of warrants and process, search, forfeiture, and applicability of certain customs laws, for provisions incorporating provisions of section 706 in haec verba. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrate’’ in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under