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

2. “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

3. “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

4. 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”
Supreme Court recognized American Indian Tribes as “Domestic Dependent Nations”

5. Trust Responsibility

6. 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)

7. 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

8. Current Laws & Policies

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

10. 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

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

12. 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!

13. 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

14. 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!

15. 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

16. 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

17. Master Stewardship Agreement

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

19. 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

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

21. 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

22. 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!

23. Thank You
The end