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DOI to pay Apache man $50K for seized feathers
Monday, April 12, 2004
The Department of Interior has been ordered to pay nearly $50,000 in legal fees to an Apache man whose eagle feathers were seized by federal agents.
Joseluis Saenz is a member of the Chiricahua Apache Tribe. But since the tribe is not federally recognized, the government claimed he was violating federal law against possession of eagle parts by non-recognized Indians.
A federal judge, and later, the 10th Circuit Court of Appeals, disagreed. They said Saenz's religious rights were violated by the government's overly restrictive definition of "Indian."
Get the Story:
Interior To Pay $50,000
(The Albuquerque Journal 4/12)
Court Decision:
SAENZ v.
DEP'T OF INTERIOR, No 00-2166 (10th Cir. August 08, 2001)
Relevant Links:
The Bald Eagle and Golden Eagle Protection Act -
http://laws.fws.gov/lawsdigest/baldegl.html
Migratory Bird Treaty Act -
http://www.usbr.gov/laws/mbta.html
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