[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Notices]
[Pages 46043-46044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18918]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-NAL-2015-N111; FXGO1660091NALO156FF09D02000]
Native American Policy for the U.S. Fish and Wildlife Service
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of a draft policy for public notice and
comment.
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SUMMARY: The Fish and Wildlife Service (Service) issues this draft
Native American policy for public comment. The purpose of this policy
is to further the United States' trust responsibility to Indian tribes
by establishing a framework on which to base our continued interactions
with federally recognized tribes as well as interactions with Alaska
Native Corporations. The policy recognizes the sovereignty of federally
recognized tribes; states that the Service will work on a government-
to-government basis with tribal governments; and includes guidance on
co-management, access to and use of cultural resources, capacity
development, law enforcement, and education.
DATES: The Service will accept public comment through September 2,
2015.
ADDRESSES: The draft Native American policy is available at http://www.fws.gov/policy/draft510fw1.pdf. The existing policy is available in
the Fish and Wildlife Service Manual at http://www.fws.gov/policy/native-american-policy.pdf. To submit comments, please mail or email
them to Scott Aikin (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Scott Aikin, Native American Programs
Coordinator, by mail at U.S. Fish and Wildlife Service, 911 NE 11th
Avenue, Portland, OR, 97232; or via email at scott_aikin@fws.gov.
SUPPLEMENTARY INFORMATION:
Introduction
We are publishing this draft Native American policy, which is
available at http://www.fws.gov/policy/draft510fw1.pdf.
When it becomes final, we will incorporate the policy in Part 510
of the Fish and Wildlife Service Manual. The purpose of the policy is
to articulate principles and serve as a framework for government-to-
government relationships and interactions between the Service and
federally recognized tribes to conserve fish and wildlife and protect
cultural resources. The policy includes guidance on:
The relationship between the Service and federally
recognized tribes, inter-tribal organizations, including Alaska Native
Organizations (ANO), and Alaska Native Claims Settlement Act (ANCSA)
corporations,
Service employee responsibilities,
Government-to-government consultation and relations,
Communication,
Co-management,
Tribal access to Service lands and Service-managed
resources for cultural and religious practices,
Tribal cultural use of plants and animals,
Law enforcement,
Training and education,
Capacity building and funding, and
Guidance for implementing and monitoring the policy.
This policy is not meant to stand on its own. To implement this
policy, the Service will update its U.S. Fish and Wildlife Service
Tribal Consultation Handbook and develop training so that Service
employees will be able to better perform duties related to this policy.
Draft Policy
We recognize that when the Service and tribes work together on
resource matters, our longstanding relationship is strengthened and
resources are better served. This policy provides guidance on
recognition of tribal sovereign status, Service responsibilities, and
opportunities for the Service and tribes to work together toward
natural and cultural resource conservation and access. The purpose of
this policy is to provide Service employees with guidance when working
with recognized tribes and other entities such as Alaska Native
Organizations and Corporations.
Section 1 of this policy recognizes the unique relationship that
Federal governmental agencies have with federally recognized tribes. It
explains that while this is a nationwide policy, the Service maintains
flexibility for Service Regions and programs to work more appropriately
with the tribes and ANCSA corporations.
Section 2 includes the definitions of terms used in the policy.
Section 3 lists the authorities under which the Service is able to
take the actions described in the policy.
Section 4 describes the responsibilities of employees at all levels
of the Service to carry out this policy.
Section 5 recognizes the U.S. Government's trust responsibility
toward federally recognized tribes, tribes' sovereign authority over
their members and territory, the tribes' rights to self-govern, and
that government-to-government communication may occur at various levels
within the Service and the tribes.
Section 6 describes communication, consultation, and information
sharing between the Service and tribes.
Section 7 sets out a range of collaborative management
opportunities and establishes principles of co-management where tribes
and the Service have shared responsibility.
Section 8 recognizes that, for meaningful cultural and religious
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practices, tribal members may need to access Service lands and use
plants and animals for which the Service has management responsibility.
Section 9 recognizes tribal law enforcement responsibilities for
managing Indian lands and tribal resources and encourages cooperative
law enforcement between the Service and tribes.
Section 10 invites tribal governments to work with the Service to
develop and present training for Service employees. It also makes
available Service technical experts to help tribes develop technical
expertise, supports tribal self-determination, encourages cross-
training of Service and tribal personnel, and supports Native American
professional development.
Section 11 establishes monitoring and implementation guidance for
the policy.
Section 12 describes the policy's scope and limitations.
Background and Development of This Draft Policy
On June 28, 1994, the U.S. Fish and Wildlife Service (Service)
adopted its Native American Policy (available at http://www.fws.gov/policy/native-american-policy.pdf) to guide the Service's government-
to-government relations with federally recognized tribal governments in
conserving fish and wildlife resources and to ``help accomplish its
mission and concurrently to participate in fulfilling the Federal
Government's and Department of the Interior's trust responsibilities to
assist Native Americans in protecting, conserving, and utilizing their
reserved, treaty guaranteed, or statutorily identified trust assets.''
In July 2013, the Service convened a Native American Policy Team to
review and update the policy. The Native American Policy Team is
comprised of Service representatives from its Regions and programs. In
addition, the Service invited all federally recognized tribal
governments across the United States to nominate representatives to
serve on the team. A total of 16 self-nominated tribal representatives
from all of the major Regions across the country joined the team to
provide input and tribal perspective.
Tribal representatives from the following tribal governments and
organizations participated in a series of meetings with Service
representatives to review and update the policy: Cherokee Nation,
Chugach Regional Resources Commission, Confederated Tribes of Grand
Ronde, Eastern Band Cherokee Indians, Fond du Lac Band of Lake Superior
Chippewa, Gros Ventre and Assiniboine of Fort Belknap, Great Lakes
Indian Fish and Wildlife Commission, Muckleshoot Indian Tribe, Native
Village of Emmonak, Navajo Nation, Oglala Sioux Tribe, Penobscot Indian
Nation, Quinault Indian Nation, San Manuel Band of Serrano Mission
Indians, Central Council of Tlingit & Haida Indian Tribes of Alaska,
and Yurok Tribe. Varying perspectives were shared on a wide range of
issues including sovereignty, co-management, law enforcement, and trust
responsibilities, among others. Substantial focus and attention was
given to improving the implementation and accountability aspects of the
policy.
Although Service and tribal team members took part in writing the
draft, full agreement was not possible on every issue and some
differences remain. In November 2014, the Yurok Tribe withdrew from the
Service's Native American Policy Team. Other tribal representatives
have continued to participate in an effort to work out differences and
make further improvements to the policy.
In November 2014, the Service invited federally recognized tribal
governments in each of its Regions and Alaska Native Corporations to
consult on a government-to-government basis. The Service provided an
early working draft of the updated policy for their review and input. A
total of 23 of the tribal representatives submitted written comments to
further develop and refine the draft updated policy.
From December 2014 to April 2015, the Service also held 24
consultation meetings and webinars within the Regions and nationally.
Representatives from approximately 100 tribes attended these meetings.
In March 2015, the Service revised the working draft of the updated
policy and distributed it for internal Service review throughout all
levels, Regions, and programs within the agency. We incorporated
feedback from the internal Service review and additional comments
received from tribal governments into this draft updated Native
American Policy.
Open Comment Period
While this publication opens the 30-day public review period, we
also invite and encourage tribes and Alaska Native Corporations (ANCs)
to continue to review and submit comments. The Service's invitation to
federally recognized tribal governments to consult on a government-to-
government basis regarding development of this updated Native American
Policy continues until 30 days after this Federal Register
notification. Comments from local, State, and Federal government
agencies; federally recognized tribal governments; inter-tribal
organizations, non-federally recognized tribal governments; ANCSA
corporations; and the general public are welcome.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comments, you should be
aware that your entire comment, including your personal identifying
information, may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Dated: June 24, 2015.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2015-18918 Filed 7-31-15; 8:45 am]
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