Moving Toward a Tribal Policy Framework National Tribal Forum Northern Quest Resort & Casino June 14, 2011

Presentation Roadmap Establish your Tribal Identity Support your Tribal Identify Gather Data Develop Supporting Documentation Comment Letters (Mercury) 2

Establish your Tribal Identity Values Demography Economy Geography Legal Rights What Else Makes You Unique? 3

Support your Tribal Identity Gather Data Title VI (Community Protection from Climate Change Impacts) General Natural Resources Climate Change Adaptation Strategy Natural Resources Adaptation Science and Information Federal Natural Resource Agency Adaptation Plans (BIA with tribal comments welcomed) National Wildlife Habitat and Corridors Information Program (GIS Database) 28 percent of a federal adaptation fund (or 22 percent overall) to carry out natural resources adaptation activities under endangered species, migratory species and other fish and wildlife programs administered by certain federal agencies including the Bureau of Indian Affairs (BIA, maybe some through FWS) ($264 million/year average); 5 percent of same federal fund (or 3 percent overall) made available to Indian Tribes for adaptation activities through either the BIA Trust Natural Resources Program or the U.S. Fish and Wildlife Service Tribal Wildlife Grants Program ($36million/year average) (change composition, more for direct access to monies versus grants) and Two-sixths of the monies deposited in the Land and Water Conservation Fund under the same federal fund made competitively available to states and Indian Tribes (Tribes would have access to the fund for the first time in history) to carry out adaptation activities through the acquisition of land and interests in land ($24 million/year average) EPA, Corps of Engineers, NOAA each get a percentage of monies First Foods Require federal departments and agencies, states and Indian Tribes to communicate and coordinate regarding the protection of treaty-reserved rights of Indian tribes to gather first foods (e.g., roots, berries and plants) Additional Provisions (Trust Responsibility, Protection from FOIA requests) Physical Map with Relevant Sites Off-Reservation Activity Air-Related Information Other Information Environmental Economy Demography Health 4

Support and Protect your Tribal Identity Develop Supporting Documentation Comment Letters Title VI (Community Protection from Climate Change Impacts) General Natural Resources Climate Change Adaptation Strategy Natural Resources Adaptation Science and Information Federal Natural Resource Agency Adaptation Plans (BIA with tribal comments welcomed) National Wildlife Habitat and Corridors Information Program (GIS Database) 28 percent of a federal adaptation fund (or 22 percent overall) to carry out natural resources adaptation activities under endangered species, migratory species and other fish and wildlife programs administered by certain federal agencies including the Bureau of Indian Affairs (BIA, maybe some through FWS) ($264 million/year average); 5 percent of same federal fund (or 3 percent overall) made available to Indian Tribes for adaptation activities through either the BIA Trust Natural Resources Program or the U.S. Fish and Wildlife Service Tribal Wildlife Grants Program ($36million/year average) (change composition, more for direct access to monies versus grants) and Two-sixths of the monies deposited in the Land and Water Conservation Fund under the same federal fund made competitively available to states and Indian Tribes (Tribes would have access to the fund for the first time in history) to carry out adaptation activities through the acquisition of land and interests in land ($24 million/year average) EPA, Corps of Engineers, NOAA each get a percentage of monies First Foods Require federal departments and agencies, states and Indian Tribes to communicate and coordinate regarding the protection of treaty-reserved rights of Indian tribes to gather first foods (e.g., roots, berries and plants) Additional Provisions (Trust Responsibility, Protection from FOIA requests) Pre-Planning (keeping informed) Understanding the Proposal Framework General Comments Mercury-Specific Comments Other Sources for Comments 5

505-256-4911(office) rfg@stetsonlaw.com Questions? Bob Gruenig Stetson Law Offices 505-256-4911(office) rfg@stetsonlaw.com Conclusion Legislation will move fast if it does move (perhaps by end of summer) Other things may slow it up (Oil Spill, Budget Passage, Jobs, Health Care Tribal leaders must weigh in Not sure what’s in its for tribes Will likely get less of the pie Need to speak with tribal champions on both Senate and House side