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National Park Service Summary Narrative Report Consultation and Partnerships with Federally Recognized Tribes & ANCSA Corporations

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National Park Service Summary Narrative Report Consultation and Partnerships with Federally Recognized Tribes & ANCSA Corporations National Park Service American Indian Liaison Office/ Tribal Relations and American Cultures National Park Service Summary Narrative Report Consultation and Partnerships with Federally Recognized Tribes & ANCSA Corporations Reporting Period: October 1, 2017-September 30, 2019 Required by DOI Tribal Consultation Policy This report provides the Summary Narrative of National Park Service Consultation with Federally Recognized Tribes & ANCSA Corporations reported in Fiscal Years (FY) 2018 and 2019. The report also fulfills reporting requirements under Department of the Interior Secretarial Order 3342, “Identifying Opportunities for Cooperative and Collaborative Partnerships with Federally Recognized Indian Tribes in the Management of Federal Lands and Resources.” The report contains: I. Executive Summary 2 II. Introduction 3 III. NPS American Indian Liaison Office and Office of Tribal Relations and American Cultures Summary 5 IV. Overview of Tribal Consultation (FY 2018-2019) 7 V. Secretarial Order 3342: Overview of Regional Reporting on Cooperative Agreements and Collaborative Partnerships with Tribes 24 VI. Appendices: Regional, Park and Program Reports 26 Appendix A: Training ........................................................................................................... 26 Appendix B: Feedback from Tribal Governments................................................................ 34 Appendix C: Review of Existing Practices ........................................................................... 44 Appendix D: Tracking and Documentation .......................................................................... 51 Appendix E: Consultation Activities .................................................................................... 61 Appendix F: Native Hawaiian Organization Consultations .................................................. 74 Appendix G: Non-Federally Recognized Tribes/State Recognized Tribes .......................... 76 Appendix H: Considering Tribal Input & Communicating to Tribes about NPS Decisions 80 Appendix I: Reported Consultation Location ..................................................................... 102 Appendix J: Cooperative and Collaborative Partnerships (SO 3342) ............................... 121 Public Notice of the Costs Associated with Developing Department of Interior Publications and Similar Documents (Secretarial Order 3380): The cost to prepare and issue this report was $83,080. National Park Service American Indian Liaison Office/ Tribal Relations and American Cultures I. EXECUTIVE SUMMARY In FY 2018 and FY 2019, the National Park Service (NPS) reports 3,531 consultations with 237 Tribes, 34 Alaska Native Villages and 13 ANSCA corporations at an estimated cost of $709,151. This report summarizes all tribal consultations in FY 2018 and FY 2019 as reported by NPS national programs, regions, and park units. Detailed narratives are provided in the Appendices. This report also fulfills annual reporting requirements for Secretarial Order 3342, “Identifying Opportunities for Cooperative and Collaborative Partnerships with Federally Recognized Indian Tribes in the Management of Federal Lands and Resources.” There are currently 56 agreements between the NPS and individual (or multiple) Tribes, with 17 pending agreements. The most frequently listed topics for consultation involved compliance with Section 106 of the National Historic Preservation Act (NHPA), cultural resource management, the National Environmental Policy Act (NEPA), facilities, and general management and park planning. Starting in FY 2017, the reporting template was updated to request information on the number of tribal consultations regarding infrastructure projects—261 were reported. A majority of consultations included the direct participation of the park Superintendent who has delegated authority for decision-making at the park level. In FY 2018 and FY 2019, there was a significant increase in the number of consultations that involved the level of Regional Director (from 3 in 2017 to 406 between FY 2018 and FY 2019). Of the total in-person consultation activities, 37% of in-person consultation meetings reported occurred at tribal locations, and 38% occurred at NPS locations. The remaining 25% were listed as “Other,” for example, convenient public locations such as libraries, hotel conference rooms, facilities of other federal agencies, or community centers. This year, in response to the Government Accountability Office (GAO) report “Tribal Consultation: Additional Federal Actions Needed for Infrastructure Projects” (GAO-19-22), the NPS reported on actions taken by parks and programs to “communicate with tribes about how tribal input from consultation was considered in agency decisions” on infrastructure and other projects. Appendix H provides a wide range of examples of this communication Servicewide. Executive Summary 2 National Park Service American Indian Liaison Office/ Tribal Relations and American Cultures II. INTRODUCTION The NPS developed a reporting template to meet the requirements of: Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments”; Secretarial Order 3317, “Department of the Interior Policy on Consultation with Alaska Native Claims Settlement Act (ANCSA)”; and Secretarial Order 3342, “Identifying Opportunities for Cooperative and Collaborative Partnerships with Federally Recognized Indian Tribes in the Management of Federal Lands and Resources.” This template was developed by the NPS American Indian Liaison Office (AILO) in Washington, DC with knowledgeable staff in the NPS regional offices and parks and has been refined and in use for the last seven years. Since 2017, the Office of Tribal Relations and American Cultures (TRAC) has offered an optional digital version of the reporting template to aid parks and regions in reporting annual consultation data. The reporting template was distributed Servicewide through a December 2019 memorandum from the Deputy Director of Operations, Exercising the Authority of the Director. This Summary Narrative Report reflects the data collected from parks, programs and NPS regions, compiled by the NPS Office of Tribal Relations and American Cultures. Digital copies of all regional annual reports and the combined NPS Summary Narrative Reports, beginning in FY 2012, are maintained by the NPS American Indian Liaison Office and the NPS Office of Tribal Relations and American Cultures in Washington, DC. This Summary Narrative Report lists: the names of the Tribes and corporations with whom the NPS consulted; the topics and programs discussed; involvement of senior leadership; consultation format; training and innovations; and feedback from Tribes. In addition, the report includes information on tracking and documentation of tribal consultation, and consultations with non-federally recognized tribal entities, as a means of documenting efforts to work with tribal peoples throughout all units of the National Park System. Since FY 2016, the report format includes documentation of the location of in-person consultations held with Tribes. Since FY 2017, the reporting materials have included a brief section to meet our new annual reporting requirements for Secretarial Order 3342, “Identifying Opportunities for Cooperative and Collaborative Partnerships with Federally Recognized Indian Tribes in the Management of Federal Lands and Resources,” which went into effect in October 2016. In 2019, the annual tribal consultation reporting template was updated in response to the Government Accountability Office report “Tribal Consultation: Additional Federal Actions Needed for Infrastructure Projects” (GAO-19-22). This report recommended that the NPS “should document in the agency's tribal consultation policy how agency officials are to communicate with Tribes about how tribal input from consultation was considered in agency decisions on infrastructure projects.” The FY 2018-2019 Tribal Consultation Summary Report template has been updated to request information from parks and programs about: a) whether they have communicated with Tribes about how tribal input from consultation was considered in NPS decisions and b) the manner in which this communication occurred. The inclusion of this information in the annual reporting template and the distribution of this report implement the GAO recommendation to the NPS. The resulting consolidated report provides a valuable, Servicewide overview of communication with tribal partners as well as tribal consultations and partnerships for Fiscal Years 2018 and 2019. Introduction 3 National Park Service American Indian Liaison Office/ Tribal Relations and American Cultures In order to provide consistency between the FY 17 and FY 18-19 reports, regional coordinators for the report data were asked to use NPS legacy regions for FY 18-19 reporting. Information on the Department of Interior Unified Regional Boundaries established in August 2018 can be found here: https://www.doi.gov/employees/reorg/unified-regional-boundaries. For future comparison, below are the legacy NPS Regions along with the current DOI Unified Regions. NPS Legacy Region Serving DOI Unified Region(s) Alaska Region 11 Intermountain Region 6, 7, 8 Midwest Region 3, 4, 5 National Capital Region 1 Northeast Region 1 Pacific West Region 8, 9, 10, 12 Southeast Region 2, 4 The following definitions were also provided: Consultation: For the purposes of reporting, consultation is a mutually agreed upon process of exchanging information between the
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