USDA Legal Review Supporting Co-Stewardship with Tribes

When Joint Secretarial Order 3403 on Fulfilling the Trust Responsibility to Indian Tribes in the Stewardship of Federal Lands and Waters was signed, both DOI and USDA were required to provide a legal review of their “current land, water and wildlife treaty responsibilities and authorities that can support co-stewardship and Tribal Stewardship.  Here is a link to the USDA response.

The Forest Service section starts on page 8. There are many opportunities related to “working on projects together.”

As to planning..

Forest Service Planning Rule
The National Forest Management Act requires the Forest Service to promulgate a land management planning rule and to develop land management plans for all national forests and grasslands.40 Land management planning provides an early opportunity for Tribes to engage in developing co-stewardship proposals for management of national forests and grasslands and to incorporate tribal knowledge, and the Forest Service’s Planning Rule guides revisions to Forest
Service land management plans. The most recent version of the planning rule was promulgated in 2012.41

The 2012 Planning Rule requires the Forest Service to:
• “[a]s part of tribal participation and consultation . . . request information about native knowledge, land ethics, cultural issues, and sacred and culturally significant sites.”42;
• “coordinate land management planning with the equivalent and related planning efforts of federally recognized Indian Tribes [and] Alaska Native Corporations”43;
• “review the planning and land use policies of federally recognized Indian Tribes . . . ,Alaska Native Corporations [and] include consideration of . . . compatibility and interrelated impacts of these plans and policies . . . opportunities for the plan to address the impacts identified or to contribute to joint objectives; and . . . opportunities to resolve or reduce conflicts”44; and
• “include plan components, including standards or guidelines, to provide for: … (ii) Protection of cultural and historic resources. (iii) Management of areas of tribal importance.

1 thought on “USDA Legal Review Supporting Co-Stewardship with Tribes”

  1. You posted a link to the most recent USADA annual report, not to the final report legal review, not the final report of their “current land, water and wildlife treaty responsibilities and authorities that can support co-stewardship and Tribal Stewardship.

    Could you please provide a link to the legal review, too?

    Reply

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