30 Envtl. L. 701 (2000)
The Federal Indian Trust Doctrine and the Bald and Golden Eagle Protection Act: Could Application of the Doctrine Alter the Outcome in U.S. v. Hugs

handle is hein.journals/envlnw30 and id is 715 raw text is: THE FEDERAL INDIAN TRUST DOCTRINE AND THE BALD
AND GOLDEN EAGLE PROTECTION ACT: COULD
APPLICATION OF THE DOCTRINE ALTER THE OUTCOME IN
U.S. V. HUGS?
BY
MArHEW PERKINS*
The Ninth Circuit Court of Appeals recently qJfirmed the conviction of
Native American tribal members in United States v. Hugs, finding them in
violation of the Bald and Golden Eagle Protection Act (BGEPA). This
Chapter discusses the implications of the court's holding on Native
American claims asserting infringement of their First Amendment right to
religious freedom, as well as on their treaty rights. However, the holding in
United States v. Hugs is limited to its facts, and does not absolve the
government from its obligation under The Federal Indian Trust Doctrine.
The Chapter concludes that a valid trust doctrine argument remains to be
made for Native American religious freedom against the BGEPA.
I.  INTRODUCTION  ................................................................................................... 702
II. THE BALD AND GOLDEN EAGLE PROTECTON ACT PERmrr
PROCESS  ....................................................................................................   704
m. JuDICIAL ELIATION OF TRADITIONAL ARGUMENTS ........................................ 708
A.   The Evolution of Native American Religious
reedom  s  ................................................................................................ 708
1. Sherbert v. Vemer-The Compelling Government
Interest E ra  ..................................................................................... 708
2. End of an Era-Lyng and Smith ........................... 709
3. Congressional Restoration of the Compelling
Government Interest Test .............................................................. 710
4. Supreme Court Reaction in Flores .............................................. 710
B.   Hypothetical: A Facial Challenge to the BGEPA ............................... 711
1. Challenge Based on a Native American Treaty
R ight ................................................................................................. 712
* Articles Editor, Environmental Law, 2000-2001; J.D. expected May 2001, Northwestern
School of Law of Lewis and Clark College; B.S., Texas A&M University. The author would like
to thank Professor Susan F. Mandiberg for her invaluable comments and guidance in
completing this Chapter. The author would also like to thank Michelle Mclsaac and the entire
staff of Environmental Law for their patience in revising this Chapter and for their unparalleled
editing work

J7011

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