An Eagle Feather--and Controversy--for Governor : Rituals: It is a misdemeanor to possess the item without a permit. Tribal official’s gift troubles some Indians.

SACRAMENTO — Among Native Americans, there is no honor higher than receiving an eagle feather.

It’s a symbol of high achievement and great spiritual power. Few Native Americans ever attain such status.

So Gov. Gray Davis’ aides used reverential tones to announce that an eagle feather had been bestowed upon their boss at a meeting with Indians last week as Native Americans and Davis negotiated the future of casinos on tribal land.

In the non-Indian world, however, possession of an eagle feather is known by a different term: misdemeanor. It’s punishable by six months in jail or a $1,000 fine, or both--unless the person possessing it is a Native American or has a government permit.

“It’s in his office,” Davis spokesman Michael Bustamante said of the feather Wednesday. “As I understand it, it is a very high privilege.”

But while California’s governor has a great deal of power over many things, Davis has no permit from state or federal wildlife officials to possess the plumage.

“You can’t possess any raptor feather under state law or federal law,” a California Department of Fish and Game spokesman said--although, after further thought, the spokesman noted that there is an exemption allowing the state to own eagle feathers.

Perhaps, he suggested, given that Davis is governor of the state, it is legal for him to have the feather after all.

On Wednesday, Bustamante said Davis accepted the feather “on behalf of the state,” not himself. But Bustamante said Davis’ lawyers “are looking at obtaining the necessary permits.”

Legalities notwithstanding, the feather--delivered by a Cabazon Indian representative who is not Native American--caused some Native Americans in Davis’ conference room that day to squirm.

“My tribe doesn’t give eagle feathers,” said the chairman of another Southern California tribe. “It’s not even appropriate to pass them around.”

Davis received the feather from Mark Nichols, chief executive of the Cabazon band of Mission Indians, located outside Indio.

Nichols has been in the news recently, fighting a federal charge of conspiring to defraud the Federal Elections Commission in connection with federal campaign donations.

Nichols, a participant in negotiations on the future of gambling on California reservations, could not be reached for comment Wednesday.

Pat Schoonover, director of legal affairs for the Cabazon band, said the tribe did not “give” Davis the feather. Rather, he was “entrusted” with it. Native Americans, he noted, believe that “no one can own an animal. Only the creator can own an animal.”

Clarence Atwell Jr., chairman of the Santa Rosa Rancheria near Lemore and a spiritual leader of the Tachiyokut tribe, described eagle feathers as “one of the strongest medicines we have.”

Being brushed by an eagle feather is spiritually cleansing, he said, akin to being blessed by the pope.

Atwell has eagle wings and feathers. He uses them in his role as a tribal leader. But to obtain them, Atwell had to fill out lengthy applications to a federal eagle repository, justifying why he wanted them, and join a long waiting list. About four years later, the eagle parts arrived.

“You have to earn it,” Atwell said.

At last week’s meeting, Nichols asked Atwell to bless the feather. He did so. But whether Davis has earned the honor is another question.

“It has been given,” Atwell said. “We’ll just let it sit there, and work on him.”