Tribal Relations

Working Together: American Indian Tribes and the Forest Service improving Forest Service policy, programs and projects through consultation.

Why We Consult

As an agency of the USDA, the Forest Service (FS) is charged with the mission of managing 191 million acres of lands throughout the United States. The FS also provides financial and technical assistance to forest landowners, conducts forest-related research, and participates in international activities regarding global forest issues sustainable forest management. An important consideration in the fulfillment of these responsibilities is the trust relationship the FS has with American Indians and Alaska Natives (Tribes) and the potential impact of FS policy, program and project decisions. National Forests, and other firsthand by the FS, may have important historical,spiritual and cultural significance for Tribes.

Forests often serve as a source of traditional medicines, food, firewood, and basketry materials. Certain areas may also be particularly sacred and valued for their importance in sustaining cultural traditions and beliefs.

The FS may conduct or authorize various types of activities that have a substantial impact on Tribes. These include land management planning, grant programs, timber sales, mining, road building,recreational development and use, archaeological excavations, energy development, and other policy,program and project activities.

Consultation Responsibilities Based in Law and Executive Order

Several laws require that the Forest Service (FS) consult with Tribes. Executive Order 13175 requires the establishment of consultation process that gives tribal governments the opportunity to provide information and recommendations on matters that may affect them. If it is not clear to a FS line officer whether a decision may have an impact, Tribes should be consulted regarding their views.

Consultation Objectives

Tribes have a unique legal and political relationship with federal agencies including the FS. Consultation, on a government-to-government basis, provides ways in which the FS and Tribes can work together. The objectives of consultation are to ensure that:

• FS programs and activities respect tribal self-government and sovereignty;
• FS officials collaborate and consult with Tribes regarding the formation and implementation of policies that may affect tribal rights and interests;
• Effective government-to-government working relationships achieve ecosystem health and other common goals.

Who Has the Responsibility?

It is the responsibility of those line officers who make FS decisions to ensure that the rights and interests of Tribes are represented in the decision-making process. Line officers are also responsible for making sure that consultation is conducted with Tribes on decisions at the national, regional, area, station,forest and district levels. Working with tribal officials, FS representatives can develop a mutually acceptable consultation strategy for a particular decision, especially in cases involving complex issues and significant policy.

Laying the Groundwork for Effective Consultation

Specific decision can facilitate more effective results. Working with tribal officials, FS line officers should develop mutually acceptable protocols for consulting on decisions that may affect Tribes. The procedures for consultation can then be established and well understood in advance. The FS and Tribes can also exchange contact information regarding officials and staff responsible for various aspects of the decision-making.

Compensation

While there is no legal requirement, the FS can compensate Tribes or tribal representatives for unusual costs or specialized expertise. In some circumstances, travel expenses may be authorized. Documentation, surveys and reports provided by Tribes at the request of the FS may also be supported through various means, including contracts, purchase orders and grants.

Dispute Resolution

Collaboration and support of its decisions are important FS values. To resolve a dispute between the FS and Tribes regarding a decision, the agency, with the agreement of the Tribe, may have a neutral third party facilitate consultation before or after a decision is made. Third party involvement, however,does not replace the right to appeal an agency decision through the FS administrative appeal process.

Emergencies

Sometimes an emergency requires the FS to take immediate action before meaningful consultation is possible. However, if the actions taken may have a substantial effect on a Tribe, FS officials must consult as soon as possible.

Steps to Effective Consultation

Consultation and coordination requirements are summarized in FS Manual 1563.11, Exhibit 01. Some important principles are:

• Tribes should be consulted as early as possible in the development of policies, plans and actions that may have tribal implications. The FS should contact elected officials or designated representatives of the tribal government to discuss a particular issue or opportunity. If possible, this should be done prior to “scoping” and general public involvement. Tribesman request that FS technical specialists meet with tribal technical experts, or the tribal leadership may request a meeting with FS line officers.
• Preliminary discussion of why the proposed policy or action is of concern to the Tribe and why the FS is pursuing the proposal can be helpful, enabling participants to prepare informed responses and recommendations.
• After consultation, the FS should give full consideration to tribal concerns and recommendations on a particular issue or opportunity. Tribes should then be informed on how their input was considered in the final decision.
• The decision should be documented, including the results of the consultation, and the final decision communicated to the Tribe. The consultation efforts of a FS unit should be evaluated periodically for their effectiveness, and this information should be included in appropriate program management reviews.

Working Together the Forest Service welcomes tribal participation to manage areas and resources of cultural importance. We encourage Tribes to contact us, express your interests and concerns and participate in the management of FS programs and National Forests. If you have a question or concern, please contact the agency office nearest to you. For more detailed information on the consultation process, please call 707-562-8919 (TDD 707-562-9240).

Public Law 108-278, signed July 22, 2004

The Tribal Forest Protection Act basically authorizes the Secretaries of Agriculture and Interior to give special consideration to tribally-proposed Stewardship Contracting or other projects on Forest Service or BLM land bordering or adjacent to Indian trust land to protect the Indian trust resources from fire, disease, or other threat coming off of that Forest Service or BLM land.

We want to encourage the development of contracts or agreements to reduce threats in areas mutually agreed to by both Tribes and Forests. The following provides key elements of this critical legislation.

• To qualify, the Indian land (either tribal or allotted) must be in trust or restricted status and must be forested or have a grass, brush, or other vegetative cover. Burned-over land capable of regenerating vegetative cover also qualifies.
• Tribal projects can be under Stewardship Contracting or “such other authority as appropriate.”
• Within 120 days of a Tribe submitting a request to enter into an agreement or contract, the Secretary may issue a public notice of either initiation of any necessary environmental review or of the potential of entering into an agreement or contract with the Tribe.
• If the Forest Service or BLM deny a tribal request to enter into an agreement or contract, the agency may issue a notice of denial to the Tribe that:-identifies specific factors in, and reasons for the denial, -identifies corrective courses of action, and -proposes consultation with the Tribe on how to protect the Indian trust land and tribal interests on the Forest Service or BLM land.
• The Tribe must propose its project to take place on National Forest System or BLM land which borders or is adjacent to Indian trust land and: -poses a fire, disease, or other threat to the Indian trust land or community, or need restoration -is not subject to some other conflicting agreement or contract, and - involves a feature or circumstance unique to the proposing Tribe (i.e., legal, cultural, archaeological, historic, or biological).
• To formally initiate a project request, a Tribe formally submits a request to enter into an agreement or contract with the Forest Service or BLM.
• When the Forest Service or BLM evaluate and consider entering into tribal agreements or contracts, the agencies may: - use a best value basis (special consideration for local jobs and business), and - give specific consideration to tribal factors.

Rowena Yeahquo
Tribal Relations Specialist, Pacific Southwest Region 5, Vallejo, CA.

Ms. Yeahquo (Kiowa and Comanche) has a Masters in Regional and City Planning from the University of Oklahoma and has over 20 years of experience in Tribal and Community Planning.   Recently, she has worked with tribes in Oregon and northern California as a tribal planner assisting with economic development, capacity building, grant writing, and realty services.  Ms. Yeahquo has also been the Director of the NW Region Tribal Technical Assistance Program (NW TTAP).  The NW TTAP was a Federal Highway Administration funded program housed within Eastern Washington University Planning Department in Spokane, Washington.  The NW TTAP provided technical assistance to 42 tribes in Washington, Idaho, Oregon, and Western Montana. The technical assistance and training included traffic safety, transportation plans, land use development, and cultural resources protection. This involved coordination with federal, state, and local governments for tribes to maximize efficient use of resources.    

She was formerly a Community Planner for the Transportation Branch, Bureau of Indian Affairs (BIA), Eastern Oklahoma Region.  In this position, she met with tribal, state, federal and county representatives to discuss tribal goals and priorities in order to facilitate transportation plans and construction. After working with the Eastern Oklahoma Region BIA, Ms. Yeahquo worked as a consultant and developed 22 Tribal Long-Range Transportation Plans in Oklahoma, Kansas, and Texas for Southern Plains Regional BIA Office. While working with the Cheyenne-Arapaho Tribes, she developed a Master Plan for a Tribal Justice Center & Courthouse with funding from Office of Justice Programs.

She has been a grant peer-reviewer for several federal programs including:  Department of Health & Human Services, Administration for Native Americans, Department of Justice, and US Department of Agriculture.  Ms. Yeahquo has contracted with several tribes to provide technical assistance in Tribal Planning, Economic Development, Transportation Planning, Hazard Mitigation Plans, and Grant Writing.

As a Tribal Planner Ms. Yeahquo's mission has been: “To empower tribal communities with the capacity to operate, administer and advance their programs for the future of their tribal nation.”