Working With Tribes Today
Tribes with ancestral ties to southeast Ohio are actively engaged with the current stewardship of this national forest. To improve our relationship and engagement with Tribes, we strive to:
- Recognize and respect tribal sovereignty;
- Understand and fulfill our trust responsibilities and treaty obligations;
- 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 Tribes and Forest Service decision-makers.
Our engagement with Tribes is guided by Federal law, regulations, and policies, as well as relevant treaties. Engagement falls into two main categories—consultation and collaboration.
Consultation
Consultation is a formal, two-way, government-to-government dialogue between official representatives of Tribes and the Forest Service to discuss Forest Service proposals before the Agency makes decisions on those proposals. Tribal consultation has certain legal requirements and is guided by policies. We routinely consult with Tribes on projects that could affect resources and sites of interest.
Collaboration
Collaboration is working together to address matters different parties agree are important. We collaborate with Tribes on topics and issues of shared interest. Some examples include reviewing and contributing to written material and outreach efforts, as well as sharing traditional knowledge of the land with us to help guide our stewardship efforts.
Treaty Rights
From 1778 to 1871, the United States’ relations with individual American Indian nations were defined and conducted largely through the treaty-making process. Treaties with Tribes are considered to be “the supreme law of the land,” and they each recognized and established unique sets of rights, benefits, and conditions for the treaty-making Tribes. Certain Tribes have unique rights to the land in the national forest that are defined and protected by historic treaties. For example, the 1795 Treaty of Greenville protects hunting access rights for signatory Tribes.
Legal Framework
There are many Federal laws, regulations, and policies that create a framework determining how Federal agencies—such as the Forest Service—engage with Federally recognized American Indian Tribes. The following are some noteworthy examples:
Federal Indian Trust Responsibility – A legal obligation under which the United States “has charged itself with moral obligations of the highest responsibility and trust” toward Tribes. The trust responsibility is a legally enforceable fiduciary obligation on the part of the United States to protect tribal treaty rights, lands, assets, and resources, as well as a duty to carry out the mandates of Federal law with respect to American Indian Tribes.
Archeological Resources Protection Act – Requires Federal agencies to consult with Tribal authorities before permitting archeological excavations on Tribal lands. It also mandates the confidentiality of information concerning the nature and location of archeological resources, including Tribal archeological resources.
Native American Graves Protection and Repatriation Act – Provides a process for museums and Federal agencies to return certain Native American cultural items—e.g., human remains, funerary objects, sacred objects, and objects of cultural patrimony—to lineal descendants, culturally-affiliated American Indian Tribes. Under Section 3 of the law, repatriation is mandated for Native American cultural items excavated or discovered on federal land after November 16, 1990.