The deal between prosecutors and James "Flaming Eagle" Mooney and Linda Mooney was filed Wednesday by defense attorney Steven Killpack in U.S. District Court in Salt Lake City. It includes a requirement that the Mooneys make a public declaration about the agreement if requested by the government.

"We're very happy that the case is resolved," said Killpack, who represents James Mooney.

Prosecutors also were satisfied with the resolution, saying it avoids a lengthy trial and stops the illegal use of peyote. They will be able to refile the charges if James Mooney, 61, founder of the Oklevueha Earthwalks Native American Church, or Linda Mooney, 51, violates the deal.

James Mooney, who claims membership in a Seminole tribe that is not federally recognized, contends that all church members have the right to use peyote. But federal authorities say only members of federally recognized tribes are eligible to use the hallucinogen as part of their religion.

The dispute started in 2000, when police raided the Oklevueha Earthwalks church in Benjamin and seized 12,000 peyote buttons. The Mooneys were charged in 4th District Court with a dozen first-degree felony counts.

After prosecutors refused their demand to drop the charges, the two appealed to the Utah Supreme Court. The justices ruled unanimously in 2004 that the Mooneys and other church members, regardless of race, legally can use the hallucinogenic cactus under a federal exemption passed in 1970 that is incorporated into Utah law.

The U.S. Attorney's Office said the Mooneys and the non-Indian members of their church still were prohibited under federal law from possessing or using peyote.

Last year, the pair were indicted on 13 counts each of conspiracy to possess peyote with intent to distribute, conspiracy to distribute peyote and possession of peyote with intent to distribute. James Mooney also was charged with an additional count of attempted possession of peyote with intent to distribute.

Also named in the federal indictment was self-styled medicine man Nicholas Stark, 54, of Ogden, who was charged with one count each of possession of peyote with intent to distribute, distribution of peyote and possession of coca leaves. He has pleaded guilty to the coca leaf possession count and is scheduled to be sentenced March 27.

The Mooneys' agreement was finalized the day after the U.S. Supreme Court ruled the government cannot bar a New Mexico congregation from using a hallucinogenic tea during religious rituals. Richard Lambert, head of the criminal division of the U.S. Attorney's Office, said the issues considered in that matter are similar but do not affect peyote cases.

The Mooneys have the right to resume use of peyote if changes in federal law allow that. The Utah Legislature passed a bill this session that limits peyote to members of federally recognized American Indian tribes who use it as part of their religion.

pmanson@sltrib.com