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Tribal Relations Strategic Framework 2015 United States Department of Agriculture for the Eastern Region, Northeastern Area and Northern Research Station

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Tribal Relations Strategic Framework 2015 United States Department of Agriculture for the Eastern Region, Northeastern Area and Northern Research Station Tribal Relations Strategic Framework 2015 United States Department of Agriculture for the Eastern Region, Northeastern Area and Northern Research Station Tribal Relations Strategic Framework for the Eastern Region, Northeastern Area State & Private Forestry, and Northern Research Station–2015 A desk guide compendium for line officers and field managers for the administration of the federal Indian trust responsibility and treaty obligations as it relates to the delivery of Forest Service programs, products and services to American Indian tribes and Native communities. The Framework is intended to guide program delivery for the next three to five years; its objective is to achieve consistent application of and adherence to the laws and policies governing our relationships with federally recognized tribes. Forest Eastern Northeastern Area Northern Service Region State & Private Forestry Research Station Grey Towers Forest Products Law Enforcement National Historic Site Laboratory and Investigations [This page intentionally left blank] The United States Department of Agriculture (USDA) Forest Service is a diverse organization committed to equal opportunity in employment and program delivery. USDA prohibits discrimination on the basis of race, color, national origin, sex, religion, age, disability, political affiliation, and familial status. Persons believing they have been discriminated against should contact the Secretary, U.S. Department of Agriculture, Washington D.C. 20250, or call 202-720-7237 (voice), or 202-720-1127 (TTY). Tribal Relations Strategic Framework 2015 for the Eastern Region, Northeastern Area and Northern Research Station TABLE OF CONTENTS INTRODUCTION Page 1 FOUNDATION Page 2 Affirmation Vision Mission SCOPE OF THE PROGRAM Page 3 Sub-Regional View TRUST RESPONSIBILITY Page 6 Forest Service Trust Responsibility Whom Does the Trust Responsibility Serve? We Treat Indians Differently RESERVED RIGHTS DOCTRINE AND TREATY RIGHTS Page 9 Reserved Rights Doctrine Treaty Reserved Rights CONSULTATION Page 12 Consultation Protocols Consultation Accountability Canons of Construction Traditional Ecological Knowledge Sacred Sites Traditional Cultural Resources LAW ENFORCEMENT & INVESTIGATIONS Page 20 TRIBAL RELATIONS PROGRAM ASSESSMENTS Page 24 ROLES & RESPONSIBILITIES Page 25 THE FRAMEWORK – Strategic Objectives Page 28 Consultation Collaboration & Engagement Culture & Heritage Treaty & Other Reserved Rights GLOSSARY Page 31 TRSF REVISION TEAM and CREDITS Page 34 APPENDICES [This page intentionally left blank] Tribal Relations Strategic Framework 2015 for the Eastern Region, Northeastern Area and Northern Research Station INTRODUCTION The history of federal treaties, statutes, court decisions, policies, and Presidential directives regarding American Indians and Alaska Natives is complex and extensive. The relationship between the United States and American Indian tribes is unique and distinct from those that apply to other interests and constituencies and is based upon the principles of tribal sovereignty. This relationship extends to all federal agencies within the government including the Forest Service (FS). Within the context of this Framework, the term “Eastern Region” means all Forest Service lands, administrative branches and units within the 20-state footprint of the National Forest System Region 9 (NFS-R9); including R9 Law Enforcement & Investigations (LEI), the Northeastern Area of State & Private Forestry (NA), the Northern Research Station (NRS), the Forest Products Laboratory (FPL), and Grey Towers National Historic Site (GTNHS). See Appendix A for detailed description and maps of each Forest Service unit. The Forest Service in the Eastern Region recognizes and affirms the unique character of the government’s relationship to the Indian tribes and has established the Eastern Region Tribal Relations Program to support implementation. We recognize and affirm certain ancestral lands managed by the Forest Service are affected by pre-existing rights, retained by treaty, that are vested with the various federally-recognized American Indian tribes. The Eastern Region’s Tribal Relations Strategic Framework is intended DEFINITION: Throughout this to be a desk guide for program delivery. Its objective is to enhance document the terms Indian, American consistent application of and adherence to the laws and policies Indian, tribe(s), and tribal nations, is governing our relationship with American Indian sovereign tribal intended to have the same meaning as nations. This framework reflects the principles of Executive Order “federally-recognized tribe(s)" and 13175, USDA Departmental Regulation 1350-002, Forest Service federally-recognized tribal members. Manual 1563, and the Report to the Secretary of Agriculture, USDA See the list of federally-recognized tribes published periodically in the Policy and Procedures Review and Recommendations: Indian Sacred Federal Register: “Indian Entities Sites (Report). These documents are foundational and guide the Recognized and Eligible to Receive development of the Eastern Region’s Tribal Relations Strategic Services from the United States Bureau Framework. The Eastern Region’s Tribal Relations Programs will attain of Indian Affairs.” a high degree of maturity and integration with the Region’s vision, goals, and objectives. 1 2015 FINAL EDITION Tribal Relations Strategic Framework 2015 for the Eastern Region, Northeastern Area and Northern Research Station FOUNDATION Affirmation – The Forest Service Eastern Region affirms that, All Forest Service lands are the ancestral homelands of existing American Indian people; American Indian people were the first stewards of these forests, prairies and grasslands; The tribes are full partners in the conservation of shared landscapes; Treaty rights are retained rights, not rights given by the federal government; and Our trust responsibilities extend to all Indian tribes with an interest in these national forests and Forest Service lands and programs. Vision – The Vision of the Eastern Region Tribal Relations Program: The Eastern Region demonstrates the highest standards of respect for tribal sovereignty; recognizes indigenous values as shared values; Protects reserved rights and cultural properties; and consults, collaborates, and partners in forest health and landscape conservation. Mission – The Mission of the Eastern Region Tribal Relations Program is to, Understand and fulfill our trust responsibilities and treaty obligations; Acknowledge and respect tribal sovereignty; Seek to understand and respect each tribe’s diversity of interest; Respect traditional knowledge and tribal connection to the land; Maintain a government-to-government relationship with federally-recognized tribes; and Facilitate effective collaboration and consultation between tribal officials and agency decision-makers. 2 2015 FINAL EDITION Tribal Relations Strategic Framework 2015 for the Eastern Region, Northeastern Area and Northern Research Station SCOPE OF THE PROGRAM The Eastern Region Tribal Relations Program provides advice, counsel, and training services to the Forest Service workforce to promote a culture of understanding that results in proactive, effective, and meaningful dialogue with Indian tribes. The program’s principal clients are the Forest Service line officers, decision-makers, program managers and project leaders. The program’s goal is to provide them with the appropriate context and knowledge to ensure trust responsibilities are recognized and fulfilled and that decisions respond to the current and future needs of Indian tribes and tribal members. The Eastern Region Tribal Relations Program supports the work of all units and programs to work with tribes in a government-to-government manner and to engage in consultation and collaboration with tribes when undertaking the formulation and implementation of policies and programs that may have tribal implications, as defined in Executive Order 13175 and DR 1350-002. Eastern Region Indian Country Reservations & Trust Lands Oklahoma Indian Country Forced removal of numerous Tribes from their Eastern and Midwestern Homelands to Indian Territory (OK) Delaware, Iowa, Kickapoo, Miami, Munsee, Osage, Otoe-Missouria, Ottawa, Peoria, Potawatomi, Sac & Fox, Seneca-Cayuga, Shawnee, Wyandotte Regional efforts are focused on 76 federally-recognized tribes (see Appendix B, Eastern Region Affiliated Tribes) that have rights and interests in the management of Forest Service lands and programs within the 20 states of the Eastern Region. The Eastern Region also maintains active relationships with numerous inter-tribal organizations, Tribal Colleges and Universities (TCUs), American Indian professional associations, and urban Indian centers. Building mutually beneficial partnerships with American Indian organizations promotes a culture of mutual understanding. The protection of treaty rights and the preservation of appropriate opportunities to exercise those rights on lands managed by the Forest Service within the Eastern Region are an integral component of the Eastern Region’s tribal relations programs. The Eastern Region recognizes that through operation of treaty law, tribal jurisdiction may be extended concurrently, from the reservation boundaries to public lands within the ceded territories. Twelve national forests within the Eastern Region are within the treaty ceded territories of our affiliated tribes. Reserved treaty rights have been asserted on more than 7.5 million acres (64%) of Forest Service land
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