Plant Pest Quarantines on Tribal Lands Presented to Upper Midwest Invasive Species Conference by JoAnn Cruse State Plant Health Director USDA, APHIS, PPQ on October 17, 2016
Background story with Oneida Nation EAB find in Brown County in 2011 Oneida Nation spans across the county political boundary of Brown and Outagamie counties State and Federal quarantines were invoked on Brown County, splitting the Oneida Reservation in half. Oneida Nation took issue, and with ensuing discussions, resolved temporarily the impacts of a split-reservation quarantine.
Quarantines Interstate quarantines are established to restrict movement and spread of exotic pests. Agency considers available survey methods, ability to eradicate or control, distribution, and economic impact of the pest. Based upon state and Tribal boundaries. Includes Tribal consultation. EAB, GM, PSB Intrastate quarantines Parallel state quarantines based upon county boundaries Tribal quarantines Parallel quarantines based upon political boundaries
Federal and State Responsibilities Federal Executive Order 13175: Consultation and Coordination with Indian Tribal Governments Requires Federal Agencies to consult with Tribes to determine impact and considerations of federal actions. State Acknowledge Tribal entities. Encouraged to engage in discussions with Tribes on program activities.
PPQ s next steps PPQ incorporated a process to include Tribal consultation in ANY proposed quarantine action. Used for Gypsy Moth and Emerald Ash Borer quarantine expansions in Wisconsin. Letter is written to the Tribal President/Chair requesting consultation regarding quarantine on Tribal lands. Meet with Natural Resources Department (approved protocol) to discuss finds, impacts of a quarantine on their Tribal lands, mitigation measures needed, outreach options, PPQ support for addressing impacts to Tribal members. If approved by NR Dept, then letter is sent to Tribal President/Chair to move forward with proposed quarantine (30 days).
Follow-up to Oneida Nation situation Plans were made to quarantine Outagamie County in 2014 resurrected quarantine discussions re: Tribal lands SPHD and SPRO met with Oneida Tribal representatives (attorney, Business Council member, Natural Resources Dept.) to discuss political boundaries and language in the CFR, Tribal infrastructure needed, assessment needs for their own Tribal quarantine (which prompted a FB proposal) Oneida requested to be identified as a unique political boundary in CFR. (First time in PPQ history?)
Regulated articles (associated with a forest pest quarantine) Logs Lumber Mulch Firewood Pallet stock Nursery stock Christmas trees Wood for cultural uses Example: black ash for basketmaking, wigwam poles
Current Tribal Activities Firewood policies, regulations, ordinances, and permits Firewood exchanges at campgrounds Incorporating regulatory language into logging contracts Surveys for invasive forest pests Outreach and education: Notices on Tribal websites prohibiting firewood from being brought onto Tribal lands for ceremonies Signage at campgrounds Newspaper articles After-school activities for kids
2015 Farm Bill Projects Tribes work with APHIS to develop a process to assess mitigation and protection options that address regulated invasive species Develop an assessment template to assess mitigation & protection options that other Tribes can utilize. Work with St. Regis Mohawk (New York State) Could be utilized for any quarantine - plant or animal Could use ICS exercises to test infrastructure capability and responsibilities. Four internships for Tribal invasive species work
2016 Farm Bill Projects Conduct table top exercises with a variety of Tribes to test out the Tribal Mitigation & Quarantine template Present capacity building training for pest detection to Tribes in Michigan, Minnesota, and Wisconsin.
First or Next Step Suggestions Meet one on one with Tribal cooperators (include state officials) to discuss impacts of a new find and/or quarantine on Tribal lands, people, and resources. Review Tribal authorities, infrastructure, and physical needs and develop a response plan. Review it periodically. Agree on responsibilities of the partners through ongoing discussions and Memorandum of Agreement.