Inyo National Forest Chapter 12 Topic Paper, November 2013

INYO NATIONAL FOREST TOPIC PAPER (NOVEMBER 2013)

Chapter 12: Areas of Tribal Importance and Tribal Rights

Introduction Federally recognized American Indian and Alaska Native tribes (Indian tribes) have a unique legal relationship with the government of the United States. Tribal governments have jurisdictional powers that differ in many ways from those of state and local governments. Tribal authorities are defined by treaties, statutes, executive orders, court decisions, and the U.S. Constitution.

Indian tribes share the value of restoring, sustaining, and enhancing the nation’s forests and grasslands, providing and sustaining benefits to the American people. In many cases, Indian tribes continue the traditional uses of the nation’s forests and grasslands to sustain their cultural identity and continuity. The Government’s trust responsibilities and treaty obligations make it essential that the Forest Service engages with Indian tribes in timely and meaningful consultation on policies that may affect one or more Indian tribes (USDA Forest Service 2013).

The Inyo National Forest acknowledges that National Forest System lands and resources represent significant cultural and economic values to Native Americans. The purpose of this topic paper is to acknowledge Tribal rights and identify topics of significance to Indian Tribes.

Process and Methods

Scale of Assessment The assessment of areas of tribal importance will be conducted for the 2 million acres administered by the Inyo National Forest (Inyo NF or Forest).

Information Sources The information for this assessment is based on a succinct review of existing published and unpublished sources. The published resources (see References section) include books on the history and prehistory of the Forest, as well as legal articles and websites. Information shared by Tribes at formal meetings and with individuals in conversations, provided a rich source of information on tribal perspectives, resource uses, topics of interest, and the unique relationships Indian Tribes share with federal government agencies.

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Inyo National Forest Chapter 12 Topic Paper, November 2013

Indian Tribes Associated with the Assessment Area The Forest is the traditional homeland of several Native American Tribal communities and entities whose ancestors occupied the area at the time of first contact with Euro- American settlers, some 150 years ago (Table 1). Most of the resident tribes share a common ethnic heritage and speak different dialects within the Numic branch of the Uto-Aztecan language family. The Uto-Aztecan language family covered an area from northern Mexico to Idaho at the time of Euro-American contact. The Forest was traditionally occupied by the Mono Lake and Owens Valley Paiute in the north, and the Panamint (Koso) Shoshone, the Kawiiasu and the Tubatulabal in the south (see D’Azezado [1986] for territorial discussions and maps). Although most scholars agree that human occupation of the area dates back as many as 10,000 years, the Numic- speaking Owens Valley Paiute first became identifiable archaeologically at around A.D. 600 to 1000 (Dean et al., 2004).

The Owens Valley Paiute and their Shoshone neighbors to the south practiced similar ways of life—following seasonal rounds to harvest plants, animals, and insects at different elevations and locales as they became available. In the fall, the slopes of the White and Inyo Mountains were an important source of pine nuts, the staple food crop of the region. Alkali (Brine) Fly larva (kutsavi) were collected along the shores of Owens and Mono Lakes and Pandora Moth larva (piagi) were collected in the Jeffrey Pine zones in the northwestern portions of the forest. Mule deer were hunted in the forested regions and rabbit were trapped individually and in communal drives wherever they occurred in large numbers. Large animal traps with wings built from brush, tree limbs, and rock have been found in the northern half of the Plan area; it is presumed these were used for trapping antelope or bighorn sheep (Arkush, 1986).

The Owens Valley Paiute occupied an area that was richer in plant and animal resources than their neighbors to the south and east, and were therefore able to lead a more stable and sedentary lifestyle. The indigenous people made pottery and crafted basketry vessels. The Owens Valley Paiute are also recognized for their skills and practice of irrigation and water control to maximize resource productivity in the lowlands of the Valley (Liljeblad and Fowler 1986:417-418). By building dams and digging ditches, the Paiute diverted water to patches of food crops including yellow nut grass (tupusi), wild hyacinth (blue dick), and nahavita (spike rush).

Traditional ecological knowledge and respect for the land and its resources have been handed down from generation to generation and remain fresh and largely intact among the present day Paiute and Shoshone communities. With the passing of each generation, however, this knowledge is beginning to fade. Still, centuries of occupation and adaptation to the climate, landscape, and resources of the region have endowed the indigenous Paiute and Shoshone with an intimate understanding of the land and a spiritual connection and sense of stewardship for their traditional homeland. This ancient connection with the land transcends time, changes in ownership, and shifts in political landscapes and land-management philosophies.

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Inyo National Forest Chapter 12 Topic Paper, November 2013

Most of the tribes in the Plan area are currently organized into reservations and colonies that are sovereign, economically dynamic, self-governing, and fully integrated into the political and economic life of the region. Modern tribal entities are divided into those that are federally recognized or non-federally recognized. Federal recognition conveys special rights and status that affects the political and economic status of a tribe. Tribes that traditionally occupied geographic areas currently managed by the Inyo National Forest are acknowledged in Table 1.

Table 1. Federally recognized and non-recognized tribes that traditionally occupied lands managed by the Inyo National Forest Federally Recognized Tribes Non-Federally Recognized Tribes Big Pine Paiute Tribe of Owens Valley Antelope Valley Indian Community Bishop Paiute Tribe Kawiiasu Tribe Bridgeport Paiute Indian Colony Kern Valley Tribal Council Death Valley Timbi-sha Shoshone Tribe Mono Lake Kutzadika’a Tribe Fort Independence Indian Community of North Fork Mono Tribe Paiute Indians Tübatulabals of Kern Valley Lone Pine Paiute-Shoshone Tribe Yosemite-Mono Lake Paiute Indian Utu Utu Gwaitu Paiute Tribe of the Community Benton Paiute Reservation Walker River Paiute Tribe of the Walker River Reservation

Tribal Rights and Management Policy Related to Tribal Uses A list of relevant treaties, policies, and agreements is provided below, with specific emphasis on the tribes that traditionally subsisted on lands managed by the Forest. Refer to the Bioregional Assessment Chapter 12 topic paper for a comprehensive discussion of federal laws and policies that affect tribal areas of interest on National Forest System lands.

Hunting, Fishing and Gathering Tribes throughout the State of California have provisional rights to hunt, fish and gather on traditional tribal lands now managed by federal agencies. Some tribes have rights authorized through treaties that allow them to conduct these activities on ancestral or aboriginal lands. The Forest will continue to consult with federally-recognized tribes to determine how those rights may affect, or be affected by, management decisions.

Region 5 Traditional Gathering Policy (2007) An interdisciplinary team composed of representatives from the California Indian Basketweavers Association, the California Indian Forest and Fire Management Council, and regional and field offices of United States Department of the Interior Bureau of Land Management (USDI/BLM) and the United States Department of Agriculture Forest

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Service (USDA/FS) developed the Traditional Gathering Policy. This policy ensures that traditional practitioners have access to plants and that such plants are managed in a manner that promotes ecosystem health for the lands managed by the USDI/BLM and USDA/FS. The policy also emphasizes local collaboration, implementation, and issue resolution.

Inyo National Forest Pinyon Pine Nut Gathering Policy Since the late 1970s, the Inyo National Forest has prohibited the commercial harvest of pinyon pine nuts, in recognition of the important traditional use of the pine nut crop by the Native American population. No commercial harvesting of pinyon pine nuts has been authorized in the Plan area for more than 30 years.

Treaty of Ruby Valley The Treaty of Ruby Valley was a treaty signed in 1863, giving certain rights to the United States in the Nevada Territory. As late as December 1992, the Western Shoshone were disputing the terms of this treaty with then President-Elect Clinton. The Treaty area included thousands of acres of land in the southern and eastern portions of the Inyo National Forest.

Timbisha Shoshone Homeland Act (2000) The Death Valley Indian Community, located in Death Valley National Park at Furnace Creek, was established in 1982. In 1990 it was 40 acres in size and had a population of 199 tribal member residents. After much tribal effort and political advocacy, President Clinton signed the Timbisha Shoshone Homeland Act of 2000 which returned 7,500 acres of ancestral homelands in California and Nevada to the Timbisha Shoshone tribe.

Memorandum of Understanding for Consultation between the Bishop Paiute Tribal Council and the Inyo National Forest (2007) This agreement was adopted to provide a framework for government-to-government consultation and information sharing between the Inyo National Forest and the Bishop Paiute Tribal Council. Since its adoption, the official representatives of the two entities have met on a quarterly basis to discuss proposed projects and policies that affect the Forest Service and the Bishop Paiute Tribe.

Data Sharing Agreement between the Big Pine Paiute Tribe of Owens Valley and the Inyo National Forest (2007) This agreement was adopted to encourage the sharing of technical data between the Big Pine Tribe and the Inyo National Forest. The agreement has been used to facilitate the sharing of data pertaining to the collaboration between the Big Pine Tribe and Inyo Forest for the management of the Papoose Flat cultural area.

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Inyo National Forest Chapter 12 Topic Paper, November 2013

Topics of Tribal Importance National Forest System Lands are important to Indian tribes and individual practitioners of traditional lifeways for a variety of reasons. The Forest Service, among other federal land management agencies, manages a diversity of landscapes, including many culturally important locations held sacred by Indian tribes. Federal lands also encompass a variety of traditional gathering areas in addition to trails that possess historical and cultural significance to certain Native Americans.

A number of authorities and directives guide how the Forest Service consults with tribal governments to determine what topics and what areas are important to the indigenous people that used them. Among these are Section 101 of the National Historic Preservation Act (establishment of Tribal Historic Preservation Officers)(NHPA), Section 106 of the NHPA, Native American Graves Protection and Repatriation Act, Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments), and the Food, Conservation and Energy Act (Farm Bill) of 2008. At the time of this writing, the Forest Service is in the final stages of revising its Manual (Chapter 1560) and Handbook (Chapter 1509) which provide directives on when and how the agency shall consult with American Indians and Alaska Native Corporations.

Pandora Moth larva (piagi) collection in Jeffrey Pine stands of the northern Forest has historically composed a crucial subsistence activity to the indigenous people, particularly the Mono Lake Kutzadika’a. The Forest, the State Historic Preservation Officer, and Advisory Council on Historic Preservation, in consultation with American Indian governments and groups, developed a programmatic agreement in 1987 that governs how the Forest manages piagi sites identified on the Forest (USDA Forest Service 1987).

As explained in more detail below, sacred sites and Traditional Cultural Properties (TCPs) each have religious and/or traditional importance to Indian tribes. Both may be difficult to identify and require consultation with cultural groups. The difference is not in their importance, but rather under which authority they are managed and how they are identified.

TCPs are managed under the authority of the NHPA. TCPs are, by definition, eligible for listing on the National Register of Historic Places and must be a tangible property – that is, a district, site, building, structure, or object as defined in 36 CFR 64.4. To identify TCPs, the agency should seek the advice of Indian Tribes or other cultural groups that may ascribe significance to a place.

Sacred sites important to Indian tribes are managed under the authority of E.O. 13007 – Indian Sacred Sites. It is the responsibility of an Indian tribe or an Indian individual to identify sacred sites and TCPs.

One of the difficulties federal agencies face in managing TCPs and sacred sites is that knowledge of such places is often a carefully guarded secret only disseminated to select members of a tribal community and rarely, if ever, to outsiders. When this information

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Inyo National Forest Chapter 12 Topic Paper, November 2013 is disclosed, the federal agency is challenged to retain confidentiality while developing management policies conducive to retaining the integrity of the features or locales.

Sacred Sites Executive Order 13007 (1996) defines an Indian sacred site as:

Any specific, discrete, narrowly delineated location on federal land that is identified by an Indian tribe, or Indian individual determined to be an appropriately authoritative representative of an Indian religion, as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; provided that the tribe or appropriately authoritative representative of an Indian religion has informed the agency of the existence of such a site.

Executive Order 13007 succinctly addresses issues of maintaining confidentiality of sacred sites with the statement, “Where appropriate, agencies shall maintain the confidentiality of sacred sites.” The Food, Conservation, and Energy Act of 2008 (Public Law 110-234, "The Farm Bill") provided additional protection of Native American sites and resources. Section 8106, “Prohibition on Disclosure”, prohibits the Department of Agriculture from disclosing information under the Freedom of Information Act that may be considered sensitive to Native American people. Consequently, information regarding the number, location, and nature of sacred sites identified on the Inyo NF are not disclosed in this document.

In 2010, Secretary of Agriculture Thomas J. Vilsack directed the U.S. Department of Agriculture’s (USDA) Office of Tribal Relations and the USDA’s Forest Service (Forest Service) to engage in dialogue with American Indian and Alaska Native (AI/AN) tribal leaders to find out how USDA can better accommodate and protect AI/AN sacred sites while simultaneously pursuing the Forest Service’s multiple-use mission. The subsequent report published in December 2012 (US Department of Agriculture 2012) constitutes a review of law, policy, and procedures, with recommendations for changes based on Tribal consultation and public comments. As a result of a series of listening sessions conducted by Department of Agriculture and Forest Service personnel regarding USDA policy devoted to protection of sacred sites, the Secretary proposed the concept of “sacred places” in the 2012 report:

Any specific location on National Forest System land, whether site, feature, or landscape, that is identified by an Indian tribe, or the religious societies, groups, clans, or practitioners of an Indian tribe, as having historically important spiritual and cultural significance to that entity, greater than the surrounding area itself. Sacred places may include but are not limited to geological features, bodies of water, burial places, traditional cultural places, biological communities, stone and earth structures, and cultural landscapes uniquely connecting historically important cultural sites, or features in any manner meaningful to the

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identifying tribe.

The Secretary’s 2012 report does not, by itself, change policy or have any effects, significant or otherwise, on the human or natural environment and does not constitute final agency action. The report is intended to advise the Secretary on recommended policy changes that will improve the Forest Service’s overall relationships with Indian tribes and, in particular, improve the way the agency manages sacred sites.

Traditional Cultural Properties Traditional Cultural Properties (TCPs) were first defined in 1990 in National Register Bulletin 38 (Parker and King 1990) as properties “eligible for inclusion in the National Register because of [their] association with cultural practices or beliefs of a community that (a) are rooted in that community’s history and (b) are important in maintaining the cultural identity of the community” National Register Bulletin 38 provides qualifying criteria for Traditional Cultural Properties in the Introduction:

A location associated with the traditional beliefs of a Native American group about its origins, its cultural history, or the nature of the world;

A location where Native American religious practitioners have historically gone, and are known or thought to go today, to perform ceremonial activities in accordance with traditional cultural rules of practice

Currently, only one TCP has been identified on the Inyo National Forest.

Traditional Gathering Areas Traditional gathering areas consist of specific geographical locations where select resources are gathered for traditional subsistence uses and medicinal practices. Materials can include fuel, food items, medicinal plants, building materials, and raw material for arts and crafts. As with TCPs, locations of traditional gathering are often guarded secrets. Though the location of traditional gathering areas are often not disclosed to the agency, protecting such areas falls under the Forest’s trust responsibilities to Native Americans.

Tribal communities in the Plan area continue to use Forest lands as traditional sources for food, fuel, and materials for basketry and other traditional arts. Tribal members collect pine nuts on Forest lands for personal and extended family use. To protect tribal interests, the Inyo’s 1988 Forest Plan (p. 93) prohibits commercial harvest of pine nuts.

Collecting firewood for individuals, elders, and extended family is an annual activity that brings Tribal members to Forest lands. The Forest will continue to work with tribes and tribal members to facilitate permitting of firewood collection by extended family members, for the elderly and disabled tribal members who cannot collect wood for themselves. Fuelwood gathering is discussed in more detail in Chapter 8 – Timber.

Basketry and other traditional crafts require plant materials that are frequently available

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Inyo National Forest Chapter 12 Topic Paper, November 2013 on Forest lands—sometimes exclusively. The Region 5 Gathering Policy of 2007 ensures that traditional practitioners and artists have access to plants and that such plants are managed in a manner that promotes ecosystem health for the lands managed by the USDI/BLM and USDA/FS. It is been suggested that this policy needs to be refined on a smaller scale to more closely reflect local needs. Hunting and fishing are not explicitly covered by any Region 5 or national policy, and no treaties defining those activities were ratified for the Plan area. The protection and health of hunting and fishing stocks is a policy objective of the Forest. See Chapter 8 – Hunting and Fishing for more information.

Traditional Trails Lands managed by the Forest play an important role in tribal communities. Mono Tribes travel annually from the west side of the Sierra to commemorate traditional walks by traversing east-side trails to high meadows on the west side of the Sierra crest. These trans-Sierran walks memorialize the traditional trade routes and cultural exchanges between the Paiute/Shoshone Indians of the Owens Valley and the Mono and Miwok Indians on the west side of the crest.

Tribally Owned or Administered Lands There are five tribally-owned and administered reservations in close proximity to the Inyo National Forest. These are located in the communities of Lone Pine, Independence, Benton, Big Pine, and Bishop. These tribally administered lands have a significant influence on the economy and environment of the surrounding communities and lands. None of the five reservation boundaries overlap with federal lands managed by the Inyo National Forest.

Water Rights, Watersheds, Springs, Lakes, and Streams Paiute communities practiced irrigation of traditional food plants at the time of contact with European settlers. Watershed management policies on NFS lands have the potential to affect water sources, trees, shrubs, grasses, food, and traditional subsistence practices among the indigenous population. It is important to note that springs, streams, and lakes are frequently associated with important Paiute and Shoshone legends and sacred areas. See Chapter 2 – Water Resources for more information about water quality and quantity, and Chapter 8 – Water Uses for information about water rights and uses.

Potential Co-Management Areas and Land Acquisition Some Tribes have expressed interest in developing co-management areas with the Inyo National Forest. Tribal representatives have suggested that co-management areas would provide an opportunity to integrate traditional ecological knowledge into more conventional management regimes. Because of their importance to tribal people, water sources have been identified as possible co-management areas. Two tribes have identified needs to acquire Forest parcels adjacent to reservations in order to meet

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Inyo National Forest Chapter 12 Topic Paper, November 2013 community or cultural objectives. The Forest is exploring authorities for small parcel transfers.

Economic Development The Forest is a significant economic driver in the local area due to recreation opportunities, land management activities, and employment of staff (Chapter 6). These activities affect the socioeconomic health of the community, including the tribes. Local Tribes have expressed a need to enhance opportunities for economic development by expanding contracting with the Forest and identifying careers paths with the Forest for tribal members.

Access Tribes, like other land users, are concerned about retaining access to areas tribal members visit for cultural, economic, and recreational activities. Vehicle and trail access to pine nut gathering areas, sacred and ceremonial areas, and traditional activity destinations is being considered during site-specific road management projects, such as the 2009 Motorized Travel Management Project. Conversely, other comments received from members of the Owens Valley indigenous community suggest that access to many areas is already excessive.

Community Events, Youth Education and Outreach Tribes recognize the value of transmitting their traditional knowledge and relationship with the land to their youth. The Forest collaborates with tribes and tribal groups to provide camp sites and subject matter specialists for student field trips in the Forest. This exposure may lead to Tribal youth choosing careers working with the Forest Service and other land management agencies.

Conditions and Trends of Resources that Affect Areas of Tribal Importance and Tribal Rights Decreasing federal budgets and resources are expected to generate challenges for the Tribal Program in the near future. Personal, face-to face interaction with tribal members is vital to developing successful relationships with tribal communities and limited resources will likely inhibit such opportunities.

Traditional Gathering, Hunting, and Fishing The Forest continues to support management of vegetation that may have traditional uses, e.g., pinyon pine, Jeffrey pine, willows and sedges (used for basketry). The forest continues to develop and designate fuelwood collecting areas for the public (Chapter 8 – Timber). Demand for fuelwood is relatively stable.

Current fuelwood gathering policy requires the person to whom the permit is issued to be present at the collecting site. Tribal members have expressed interest in having the

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Inyo National Forest Chapter 12 Topic Paper, November 2013 ability to gather fuelwood on Forest lands for tribal elders and disabled members who cannot gather wood for themselves. To accommodate this need, the Forest has developed a policy to have a formally designated surrogate gather fuelwood for those individuals that are not physically able to do so

Scenery Scenery management on the Inyo National Forest is important to Tribal governments and individuals. The Native American community feels a close association with cultural and historic landscapes. Proper scenery management can have a beneficial effect by preserving appearance of the natural landscape. Any alteration or degradation of scenic integrity may negatively affect cultural or historic landscapes or traditional cultural properties.

Economic Development Resources and Co-management Partnerships and potential co-management opportunities between Forest Service and tribes appear to be expanding. Programs like the Federal Pathways Program and tribal student intern programs provide new opportunities for tribal member careers with the Forest Service. Unfortunately, declining Forest Service budgets may reduce funding available for contracting and hiring.

Recreation Impacts of recreation to local tribal cultures need to be taken into account as well. The agency is required by law to administer the National Forest System for outdoor recreation, among other. Native American sacred sites and traditional places are located on these same lands, and traditional tribal practices are sometimes tied to these resources. Economic and recreational drivers are important in land management decision-making, but sacred site concerns are equally important. American Indians have historic, contemporary, and symbolic links with the Eastern Sierra landscapes. Increasing recreational opportunities may have an adverse effect on the physical, spiritual, ceremonial, or cultural significance of a location or landscape.

Access The Inyo NF designated a system of motorized vehicle routes in 2009. The subsequent maintenance, construction, and/or decommissioning of roads and trails are viewed differently by different tribal individuals. Upgrading a road may facilitate access to areas of tribal importance. Conversely, improvements can also diminish those qualities held to be sacred or culturally significant and can potentially introduce traffic into areas used for ceremonies. Decommissioning roads can negatively affect Native American individuals by inhibiting access to traditionally important areas. The ground disturbance associated with decommissioning has the potential to disturb archaeological deposits on or near the road. At the same time, reducing access can also prevent vandalism and damage to cultural resource sites.

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References Arkush, Brooke S. Numic Pronghorn Exploitation: A Reassessment of Stewardian- Derived Models of Big-game Hunting in the Great Basin. 1986. In, “Julian Steward and the Great Basin: The Making of an Anthropologist” (pp. 35-52), edited by Richard O. Clemmer, L. Daniel Myers, Mary Elizabeth Rudden. University of Utah Press, Salt Lake City.

Catton, Theodore. To Make a Better Nation: An Administrative History of the Timbisha Shoshone Homeland Act. Report prepared under Cooperative Agreement with Rocky Mountain Cooperative Ecosystems Studies Unit for Death Valley National Park, California. University of Montana.

Dean, Sharon E., Peggy S. Ratcheson, Judith W. Finger, Ellen F. Daus. Weaving a Legacy: Indian Baskets and the People of Owens Valley, California. 2004. The University Utah Press, Salt Lake City.

Liljebald, Sven and Catherine S. Fowler. Owens Valley Paiute. 1986. In Handbook of North American Indians: Great Basin (Volume 11), edited by William C. Sturtevant. Smithsonian Institution, Washington, D.C.

Inyo National Forest Annual Tribal Relations Program Summary. 2010. Manuscript on file.

Inyo National Forest Annual Tribal Relations Program Report. 2012. Manuscript on file.

Parker, Patricia L and Thomas F King. Guideline for Evaluating and Documenting Traditional Cultural Properties. 1990. National Register Bulletin 38, U.S. Department of the Interior, National Park Service.

USDA Forest Service. Programmatic Agreement Among the Inyo National Forest, the State Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding the Management of Piagi Collection Sites and the Maintenance of the Piagi Collection Tradition of Native American Peoples. 1987.

USDA Forest Service. Draft Forest Service Manual: Chapter 1560 – State, Tribal, County, and Local Agencies; Public and Private Organizations. 2013.

U.S. Department of Agriculture. Report to the Secretary of Agriculture. USDA Policy and Procedures Review and Recommendations: Indian Sacred Sites. December 2012.

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