Government-to-government Relationship with tribes Wade McMaster Tribal Relation Program Manager Plumas & Lassen National Forest

“The first Americans hold a unique place in our history…Our Nation entered into treaties with Indian nations, which acknowledged their right to self-government and protected their lands” Executive Order 13175, November 6, 2000

“Unique” relationship Indian Tribes have a unique political status and relationship with the United States This relationship is formed by Congressional treaties, Presidential executive orders, statutes, policies, court decisions, and the US Constitution Tribes have ceded much of their aboriginal territories to the United States in exchange for lifelong protections of their cultural and natural resources

U.S. constitution Article 1, Section 2 Article 1, Section 8 Article 6 Implies that American Indian Tribes are Dependent Nations Article 1, Section 8 Congressional power to regulate commerce with Indian tribes Article 6 All treaties to be “supreme Law of the land” 1831 - Supreme Court recognized American Indian Tribes as “Domestic Dependent Nations”

Trust Responsibility

Trust Responsibility to tribes Legal obligation under which the United States “has charged itself with moral obligations of the highest responsibility and trust” toward Indian tribes (Seminole Nation v. United States, 1942)

Trust Responsibility to tribes Legally enforceable fiduciary obligation on the part of the United States to: Protect tribal treaty rights, lands, assets, and resources Duty to carry out the mandates of federal law with respect to American Indian and Alaska Native tribes and villages

Current Laws & Policies

Current Laws & policies FSM 1563 is the guiding document for the Tribal Relations Program Executive Order 13175 signed by President Clinton in 2000 defines the US Government’s roles and responsibilities with Tribal consultation

Fsm 1563…what does this cover? Authority US Constitution and Indian Tribes Cooperative Land Management and Planning Alaska Subsistence Rights Treaty Rights Protection of Tribal Cultural Resources and Sacred Sites Contracting and Cooperative Agreements with Tribes Consultation with Tribes Employee Responsibilities Definitions

Executive order 13175 This EO was first adopted in 2000 by President Clinton It was later re-ratified by President Obama in 2009 EO 13175 calls for early consultation with Tribes in the development of regulatory policies that have Tribal implications EO 13175 also calls to reduce the imposition of unfunded mandates upon Indian Tribes

Executive order 13175 FSM 1563 says that Federal agencies are required to consult with Tribes on proposed Federal decisions or projects that have substantial direct effects on Tribal rights or interests Consultation is a process, not an event!

Why this is important Current FS lands were once cared for by the Tribes. These same lands do not know who is managing or caring for it. The fish, acorns, bear grass, sacred sites, still expect the Tribes to care for them. This is hard to do if there is no communication happening between the FS and the Tribes

Current collaboration tools 2012 Planning Rule Sacred Sites Policy Review 2008 Farm Bill Provisions 2004 Tribal Forest Protection Act 2007 R5 Traditional Gathering Policy 2011 Department of AG Consultation Policy 1932 Economy Act Community Forest Landscape Restoration Projects MOUs Agreements (Partnership, Interagency & Stewardship) Collaboratives!

Gov-2-Gov dynamics within the Burney Hat Creek Collaborative In the spirit of collaboration, all members of the collaborative have agreed to sit at the table as equal and valued partners Forest Service is required to consult with tribes on all projects, including projects from the collaborative The Pit River Tribe and the Lassen National Forest are both participating collaborative members at the table, and also maintain a government-to-government relationship

Benefits Tribal collaboration can be a big part of an “all hands all lands” approach to ecological restoration Tribes can also help with traditional ecological knowledge Identifying sacred sites and other traditional cultural properties before a crisis hits will save time and resources Tribes are not going anywhere…either is the agency….so it only makes sense to work together Having Tribes as partners on projects may help balance the local politics and may assist in getting work done faster

Master Stewardship Agreement

Msa - partners Signed August 2015 Pit River Tribe Lomakatsi Restoration Project Lassen NF Modoc NF Shasta-Trinity NF

Master Stewardship Agreement Develop & implement stewardship projects important to both the Forest Service and the Pit River Tribe Build Tribal capacity Design & Planning Management Implementation Monitoring

Master Stewardship Agreement MSA Supplemental Projects Monitoring Fuels Prescribed Fire Timber Sales Planting Surveys

MSA – Lomakatsi restoration project A non-profit, grassroots organization that develops and implements forest and watershed restoration projects in Oregon and northern California Provides expertise and capacity Integrate restoration practice with science delivery, education and workforce training

Master stewardship agreement Lomakatsi Restoration Project will provide majority of project capacity in the beginning Through work experience and workforce training, the Pit River Tribe will build capacity in all areas of design, planning, management & implementation In time, the Pit River Tribe will provide the capacity and Lomakatsi Restoration Project will take on a consulting role Partnerships will be key!

Thank You The end