USDA FOREST SERVICE TRIBAL RELATIONS DIRECTIVES OVERVIEW. Fred Clark, National Director Office of Tribal Relations

Similar documents
FOREST SERVICE MANUAL NATIONAL HEADQUARTERS (WO) WASHINGTON, DC

Tribal Relations Strategic Plan. Fiscal Years

DEPARTMENTAL REGULATION

DRAFT. REPORT TO THE SECRETARY USDA and Forest Service Policy and Procedures Review: Indian Sacred Sites

American Indian & Alaska Native. Tribal Government Policy

CALIFORNIA GOVERNOR S OFFICE OF EMERGENCY SERVICES ADMINISTRATIVE MANUAL

BEFORE THE U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON NATURAL RESOURCES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS

BEFORE THE REGIONAL FORESTER, USDA FOREST SERVICE, NORTHERN REGION, MISSOULA, MONTANA

SHPO Guidelines for Tribal Government Consultations in National Historic Preservation Act Decision Making Processes

July 30, 2010 MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES, AND INDEPENDENT REGULATORY AGENCIES

REPATRIATION POLICY February 2014

Department of Veterans Affairs VA Directive 8603 CONSULTATION AND VISITATION WITH AMERICAN INDIAN AND ALASKAN NATIVES

FS Agreement No. t { - (flu. - itd) tea) -000 Cooperator Agreement No.

MEMORANDUM 0F AGREEMENT THE KLAMATH TRIBES AND U.S. FOREST SERVICE

As Approved and Recommended for Tribal Adoption at 3/1/12 Voigt Task Force Meeting REGARDING PREAMBLE

CAL/EPA POLICY MEMORANDUM NUMBER:

US Army Corps of Engineers Draft

FOREST SERVICE MANUAL NATIONAL HEADQUARTERS (WO) WASHINGTON, DC

February 4, 2011 GENERAL MEMORANDUM Department of the Interior Releases Draft Tribal Consultation Policy

New Mexico Department of Health State-Tribal Consultation, Collaboration and Communication Policy

MEMORANDUM OF UNDERSTANDING. among the. DEPARTMENT OF AGRICULTURE Forest Service. DEPARTMENT OF THE ARMY Army Corps of Engineers

STRENGTHENING TRIBAL SELF-DETERMINATION ENVIRONMENTAL PROTECTION PROGRAMS: THE CONTINUING RELEVANCE OF EPA S 1984 INDIAN POLICY AND 1992 GAP STATUTE

UNIVERSITY OF ARIZONA GUIDELINES FOR RESEARCH AND INSTITUTIONAL ENGAGEMENT WITH NATIVE NATIONS

FACT SHEET Assistant Secretary of the Army for Civil Works Announces Tribal Initiatives

NCAI Webinar: Planning for President s Meeting with Tribal Leaders and E.O Consultation and Coordination with Indian Tribal Governments

Working Effectively with Indian Tribes: Communication, Collaboration, Coordination, and Consultation, 2017

National Congress of American Indians 2008 Political Platform

ASSEMBLY BILL No. 52. December 21, 2012

[Docket ID: OSM ; S1D1S SS SX064A S180110; S2D2S SS SX064A00 18XS501520]

(Pub. L , title I, 104, Oct. 30, 1990, 104 Stat )

Handbook for Consultation With Federally-Recognized Indian Tribes

PROTOCOL GUIDELINES: CONSULTING WITH INDIAN TRIBAL GOVERNMENTS

Committee Reports. 104th Congress; 1st Session. House Rept H. Rpt. 7 TO TRANSFER A PARCEL OF LAND TO THE TAOS PUEBLO INDIANS OF NEW MEXICO

NATIONAL CONGRESS OF AMERICAN INDIANS

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES. Tribal Consultation Policy

Risk Assessments and Hazardous Waste Cleanup in Indian Country: The Role of the Federal-Indian Trust Relationship

Native American Graves Protection and Repatriation Act

Decision Memo San Antonio Mountain Communication Site Lease Project

Executive Order 12898

SUMMARY: The Chattooga Wild and Scenic River is located in the Nantahala National

Native American Graves Protection and. Repatriation Act

Governing Body Side by Side Federal Regulations Comparisons

[Docket ID: OSM ; S1D1S SS SX064A S180110; S2D2S SS SX064A00 19XS501520]

Developing Work Agreements with Tribal Populations

CERTIFICATION OF CIVIL RIGHTS DIRECTOR

THE NATIONAL MUSEUM OF THE AMERICAN INDIAN

COLUMBIA RIVER GORGE COMMISSION. Chapter 350 Division 50. Plan Amendment Process. As Amended through May 1, 2011

4.0 RESPONSES TO COMMENTS FROM THE WIYOT TRIBE

MEMORANDUM OF UNDERSTANDING. among the

2008 SAIGE Annual Training Conference "Blessed by Tradition: Honoring Our Ancestors Through Government Service"

Department of the Interior Consultation on Fee to Trust Process USET SPF Tribal Leader Talking Points

AB 52: A CEQA Guidelines Update for Tribal Cultural Resources

Before the FEDERAL COMMUNICATIONS COMMISSION. Washington, D.C Accelerating Wireless Broadband ) WT Docket No

3.2 Assignments and Assumptions of Responsibilities to Comply with Federal Environmental laws Other Than NEPA

Sec. 4 A New Era of Trust.

NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND TOURISM ACT OF 2000

Why Treaties Matter: Sovereignty and Existence

[133D5670LC DS DLCAP WBS DX.10120] SUMMARY: This document requests public input on how the Department of the Interior

THE REPATRIATION OF ANCESTRAL HUMAN REMAINS AND FUNERARY OBJECTS

US Code (Unofficial compilation from the Legal Information Institute) TITLE 25 - INDIANS CHAPTER 30 INDIAN LAW ENFORCEMENT REFORM

NATIVE AMERICAN REQUIREMENTS UNDER

Indigenous Peoples and Sustainable Development:

SAMPLE DOCUMENT USE STATEMENT & COPYRIGHT NOTICE

information to the individual. So there would have to be compensation for our time doing that work for that researcher, and so with that in mind,

TRIBAL/INTERIOR BUDGET COUNCIL PROTOCOL. Adopted on August 4, 2010 at the Hard Rock Hotel-Tulsa

DIALOGUE AND ISSUE PAPER #4: Mandating and Decision-Making: AFN Resolutions

APPENDIX A Summaries of Law and Regulations

[Docket No. FWS R7 SM ; FXFR FF07J00000; FBMS

U.S. Senate Committee on Indian Affairs Oversight Hearing on Finding Our Way Home: Achieving the Policy Goals of NAGPRA June 16, 2011

H 7063 S T A T E O F R H O D E I S L A N D

Upon the Back of a Turtle

Signature redacted for privacy.

US Code (Unofficial compilation from the Legal Information Institute) TITLE 25 - INDIANS CHAPTER 42 AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM

Public Land and Resources Law Review

104 FERC 61,108 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION. 18 CFR Part 2. (Docket No. PL ; Order No.

Lil wat Nation Land Use Referral Consultation Policy

Employment Application

Consulting with Indian Tribes in the Section 106 Review Process (from Advisory Council on Historic Preservation website)

TRIBAL/INTERIOR BUDGET COUNCIL PROTOCOL

December 22, 2016 GENERAL MEMORANDUM HUD Establishes Tribal Intergovernmental Advisory Committee; Seeks Nominations

Project-Level Predecisional Administrative Review Process. SUMMARY: The United States Department of Agriculture (the Department) is issuing

[Docket No. FWS R7 SM ; FXFR FF07J00000; Subsistence Management Regulations for Public Lands in Alaska and

POLICY ON REPATRIATION AND MANAGEMENT OF CULTURALLY SENSITIVE MATERIALS

United South and Eastern Tribes, Inc.

Aviation Rulemaking Advisory Committee - New Task (Part 145 Working Group) SUMMARY: The FAA has assigned the Aviation Rulemaking Advisory Committee

Mapping the Road. The Yankton Public Safety Commission and Professional Tribal Policing

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) )

FEDERAL CONTRACTS AND GRANTS. Agencies Have Taken Steps to Improve Suspension and Debarment Programs

2016 Bill 22. Second Session, 29th Legislature, 65 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 22

DEPARTMENT OF TRANSPORTATION X. AGENCY: Office of the Secretary (OST), U.S. Department of Transportation (DOT).

CHARTER FOR THE ALASKA LAND MOBILE RADIO EXECUTIVE COUNCIL 24 January 2008 Supersedes all earlier editions

Tribal Fishing Rights & Water Quality Standards under the Clean Water Act

Harney County Cooperative Weed Management Area Memorandum of Understanding

The Federal Trust Doctrine. What does it mean for DoD?

Statement of Patrice McDermott Director, OpenTheGovernment.org

Public Law as Amended by the Tribal Law and Order Act July 29, 2010

GAO BORDER SECURITY. Additional Actions Needed to Better Ensure a Coordinated Federal Response to Illegal Activity on Federal Lands

Working with Tribes during Superfund Responses Anne Dailey, OLEM/OSRTI Christine Poore, OLEM/OSRTI Mary Cooke, OLEM/FFRRO

MEMORANDUM OF UNDERSTANDING. Between the U.S. Department of the Treasury, Financial Crimes Enforcement Network And [State Agency]

Declaration of the Rights of the Free and Sovereign People of the Modoc Indian Tribe (Mowatocknie Maklaksûm)

Transcription:

USDA FOREST SERVICE TRIBAL RELATIONS DIRECTIVES OVERVIEW Fred Clark, National Director Office of Tribal Relations

INTRODUCTION If we are not successful in accomplishing the purposes of this sacred sites review, we are all diminished. (Joel Holtrop) Every part of the Forest Service has a Tribal relations aspect: Tribal relations is everyone's job The revised directives will help Forest Service employees more clearly understand the requirements and complexities of tribal relations The foundational purpose is to affect changes in behavior that will lead to enhanced relationships with Tribes, which will allow us to better accomplish the mission of the Agency

WHY? Fulfill recommendation in the Sacred Sites Report Align FS processes with the Interagency SS MOU Action Plan Comply with the Departmental Regulation on Tribal Consultation Incorporate existing authorities, including the Culture and Heritage Cooperation Authority (2008 Farm Bill)

HOW? Full year of internal development by OTR and teams from across the Agency Field review and Red Flag OGC review prior to sending out for Tribal/ANC consultation Direct mailing from WO to all FRTs and ANCs Letters to RSAs from WO

COMMENT AND TIMELINE OMB significant designation Consultation with Tribes and Alaska Native Corporations underway Publication of draft revised directives in Federal Register expected soon 60-day public comment dates to be arranged. Ends on the same day as consultation Content analysis and directives revision starts immediately after consultation and comment periods Publication in Federal Register as final - date as of yet uncertain

DIRECTIVES Expand guidance for developing, maintaining, and enhancing Forest Service s relations with American Indian and Alaska Native tribes Manual Directive: Tells us what to do Handbook Directive: Tells us more about how to do it Primary focus is on government-to-government relations

FSM 1560

AUTHORITIES United States Constitution and Indian Tribes Commerce with Indian Tribes Treaties with Indian Tribes Federal Property Clause Treaty Rights and the Federal Trust Responsibility Consultation with Indian tribes and Alaska Native Corporations

AUTHORITIES National Forest System Cooperative Land Management and Planning with Indian tribes Subsistence Rights and Uses in Alaska Tribal Cultural Resources and Indian Sacred Sites Tribal Forest Protection Act Food, Conservation, and Energy Act of 2008, Title VIII, Subtitle B

AUTHORITIES Business Operations: Grants, and Agreements, Contracts, and Procurement with Indian Tribes Government-wide Use Service-wide Use Research State and Private Forestry National Forest System Coordinating Law Enforcement with Tribes Tribal Colleges and Universities Initiative

OBJECTIVES Forest Service employees should strive to increase their understanding of and skills in working with: Tribal relations developing and maintaining effective working relationships Opportunities for contracts, grants, and agreements with Tribes Legally mandated trust responsibilities to consult, coordinate, and communicate with Indian tribes

POLICY Sovereignty Government-to-government relationship Consultation Accountability Tribal Summary Impact Statement Certification Negotiated Rulemaking

POLICY Tribal Relations Training Confidentiality Sharing Information Reducing Impediments Repatriation Reburial Education

RESPONSIBILITY Washington Office Chief leadership, oversight, and consultation delegation Deputy Chiefs State and Private Forestry OTR, SPF, and NLC National Forest System Business Operations Research and Development OTR Director WO Staff Directors

RESPONSIBILITY Field Regional Foresters, Station Directors, and Area Director Regional Tribal Relations Program Managers Forest, Grassland, and Prairie Supervisors District Rangers Forest, Grassland, and Prairie Tribal Liaisons Research & Development Tribal Liaisons State and Private Forestry Area Tribal Liaisons

DEFINITIONS Some key definitions: Accountable Process Consulting Official Meaningful Consultation Native Knowledge/Traditional Knowledge Policies that May Have Tribal Implications Reserved Rights Doctrine Sacred Site Sacred Place Substantial Direct Effect Trust Responsibility

CONSULTATION Consultation with Indian Tribes and Alaska Native Corporations General Consultation Requirements Consultation, Monitoring, and Evaluation Consulting Official Consultation Timelines Consultation, Monitoring, and Evaluation Additional Consultation Considerations

DISPUTE RESOLUTION An Indian tribe may seek conflict resolution through the USDA Office of Tribal Relations when: 1. An Indian tribe engaged in consultation believes that the Forest Service has not appropriately or adequately considered the needs, desires, or requests of the Tribe, or 2. An Indian tribe believes the Forest Service should engage with them in consultation and the Forest Service has not done so.

USDA and Tribal representatives assembled for the Reburial Ceremony for Shuká Kaa, "Man Ahead of Us", whose remains were discovered on NFS lands and repatriated to Alaskan Native tribes on Prince of Wales Island REBURIAL

CLOSURES Winnemem Wintu Coming of Age Ceremony

FOREST PRODUCTS FOR TRADITIONAL AND CULTURAL PURPOSES

PROHIBITION ON DISCLOSURE The Forest Service shall, to the full extent allowed under the law, maintain the confidentiality of culturally sensitive information provided by Tribes with the express expectation of confidentiality.

INFORMATION AND TECHNOLOGY SHARING Ecosystems transcend land ownership boundaries Exchange of technical and traditional information

REFERENCES This section contains further detail regarding authorities identified in section 1563.01 Constitution Treaty and Trust Consultation NFS Planning Subsistence Tribal Cultural Resources and Indian Sacred Sites Tribal Forest Protection Act Culture and Heritage Cooperation Authority Business Operations Law Enforcement Tribal Colleges and Universities Initiative

FSH 1509.13

TRIBAL RELATIONS HANDBOOK Table of Contents 10 - AUTHORITIES... 3 11 - CONSULTATION WITH TRIBES... 3 11.1 WHO MAY CONSULT... 3 11.2 CONSULTATION TIMELINES... 4 11.3 CONSULTATION PROCESSES... 4 11.4 CONSULTATION STEPS... 6 11.5 Monitoring and Evaluation... 10 12 - COMPENSATION... 11 13 TRAINING... 12 13.1 Training Required by Departmental Regulation... 12 13.2 Training Recommended in the Sacred Sites Report.... 13 13.3 CORE COMPETENCIES... 14 14 - Exhibits... 18 Exhibit 14.1 EO 13175 Consultation and Coordination with Indian Tribal Governments... 18 Exhibit 14.2 EO 13007 Indian Sacred Sites... 22 Exhibit 14.3 CULTURE AND HERITAGE COOPERATION AUTHORITY... 24

CONSULTATION Consultation Processes (Explanatory Section) Types (single event, multiple events, ongoing) Modes (in-person, correspondence, resolutions) Leveraging Intertribal meetings Consultation Steps (How-to Section) Establishing Protocols Procedures Monitoring and Evaluation Program Reviews Including Tribal and ANC officials

COMPENSATION While there are no legal requirements to compensate for consultation or other involvement in Forest Service activities, the Forest Service may elect to provide compensation to Tribes or tribal representatives for extraordinary situations and specialized expertise.

TRAINING Training Required by Departmental Regulation Tier 1: SES and key Directors Tier 2: Line Officers and other directly involved personnel Tier 3: All FS employees Training Recommended in the Sacred Sites Report Catalog existing training USDA training track Training for FS Line Officers and program area staffs Local level training Core Competencies : Knowledge and Skills

EXHIBITS Previously at beginning of FSH Includes full text of EO 13175 Consultation and Coordination with Indian Tribal Governments EO 13007 Indian Sacred Sites Culture and Heritage Cooperation Authority

THIS IS NOT THE END OF THE STORY Questions?