The Native American Policy of the U.S. Fish and Wildlife Service

              THE NATIVE
AMERICAN POLICY
of the U.S. Fish and Wildlife Service
Cover: The “Dreamcatcher”—During sleep
is often when the most powerful visions
occur. A dream catcher should be hung
freely in the air above the head of the
dreamer. Good dreams become caught in
the net and directed back to the dreamer by
way of the feather. Bad dreams go through
the hole and beyond.
Cover Art is a pen and ink drawing by Keith
C. Smith of a dreamcatcher created by Ken
Poynter. Keith, a graduate of the University
of Colorado is Navajo and is currently
employed by the University of Colorado –
Boulder. Ken, a Passamaquody, is currently
the Executive Director of the Native
American Fish and Wildlife Society.
FROM THE DIRECTOR
Just as the “Dreamcatcher” catches the good dreams and allows
the bad dreams to pass through the net, the Native American
Policy of the Fish and Wildlife Service that follows is intended
to capture only good government-to government relationships.
As our relationship with the Native American people continues
to evolve, we will continue to capture the good visions and
add them to this Policy.
June 28, 1994
The U.S. Fish and Wildlife Service (Service),
to accomplish its objectives with greater
effectiveness, is seeking partnerships with
Native American governments, foreign
nations, States, other governmental agen-cies,
conservation groups, and individual citi-zens.
Such partnerships will provide
opportunities to better address ecological
systems as a whole and do so with maximum
assistance and support.
The express purpose of this Native American
Policy (Policy) is to articulate the general
principles that will guide the Service’s gov-ernment-
to-government relationship to
Native American governments in the conser-vation
of fish and wildlife resources. The
Service envisions developing other Native
American policy statements on more specific
topics.
The Service has developed and adopted this
Policy to help accomplish its mission and
concurrently to participate in fulfilling the
Federal Government’s and the Department
of the Interior’s trust responsibilities to assist
Native Americans in protecting, conserving,
and utilizing their reserved, treaty guaran-teed,
or statutorily identified trust assets.
This Policy is consistent with Federal policy
supporting Native American government
self-determination.
The Service has a long history of working
with Native American governments in man-aging
fish and wildlife resources. These rela-tionships
will be expanded, within the
Service’s available resources, by improving
communication and cooperation, providing
fish and wildlife management expertise,
training and assistance, and respecting and
utilizing the traditional knowledge, experi-ence,
and perspectives of Native Americans
in managing fish and wildlife resources.
This Policy is intended to be flexible and
dynamic to provide for evolution of the part-nerships
between the Service and Native
American governments. Working relation-ships
between the Service and Native
American governments will be generally con-sistent
nationwide, however, they will vary
according to the legal basis and manage-ment
requirements of each relationship. For
example, the Service’s interaction with
Alaska Natives is largely directed by the pro-visions
of the Alaska Native Claims
Settlement Act and the Alaska National
Interest Lands Conservation Act. Outside of
Alaska, the Service’s involvement with Native
Americans is guided primarily by reserved
right doctrines, Executive Orders, judicial
mandates, and specific treaties between the
Federal Government and Native American
governments. This Policy applies to all
Service employees in discharging official
duties that affect Native American govern-mental
interests.
The Native American Policy 1
INTRODUCTION
This Policy is adopted pursuant to and con-sistent
with existing law and does not pre-empt
or modify the fish and wildlife
management authorities of the Service,
other Federal agencies, Native American
governments, or States. The Policy does not
suggest recognition of tribal authority that
does not currently exist, however, the Service
need not wait for judicial recognition of
tribal authority over fish and wildlife when
such authority is already supported by law.
The Policy will not be used to arbitrate dif-ferences
in opinion between government
agencies or to interpret any authorities, laws
or judicial findings. Unless specific judicial
rulings or Acts of Congress indicate other-wise,
this Policy should not be construed as
validating the authority of any Native
American government in Alaska over lands,
fish and wildlife, or non-tribal members.
This Policy does not negate or supersede the
diverse mandates and priorities of the
Service. Accomplishing the intent of this
Policy is contingent upon prevailing legal,
procedural, workforce, and monetary
constraints.
2 The Native American Policy
The following policy statements provide the
framework within which the Service will
cooperate with Native American govern-ments
to conserve fish and wildlife
resources.
I. SOVEREIGNTY
Native American governments are recog-nized
as governmental sovereigns and have
been referred to as quasi-sovereign domestic
dependent nations by the courts. The
Service recognizes the sovereign status of
Native American Governments.
II. CONSERVATION
While the major components of this Policy
are aimed at cultivating and maintaining
effective partnerships between the Service
and Native American governments, the ulti-mate
goal is to effect long-term conservation
of fish and wildlife resources. This goal is
eloquently expressed in the following
statement:
“We did not inherit this Earth or its natural
resources from our ancestors, we are only
borrowing them from our childrens’ children
and their children. Therefore, we are
duty-bound and obligated to protect them
and use them wisely until such time that
they get here, and then they will have the
same obligations.”
Anonymous
III. GOVERNMENT TO
GOVERNMENT RELATIONS
General Statement
There is a unique and distinctive political
relationship between the United States and
Native American governments, as defined by
treaties, statutes, court decisions and the
United States Constitution, that differenti-ates
Native American governments from
other interests and constituencies, and that
extends to all Federal agencies. The Service
will maintain government-to-government
relationships with Native American govern-ments.
The Service will work directly with
Native American governments and observe
legislative mandates, trust responsibilities,
and respect Native American cultural values
when planning and implementing programs.
Successful implementation of this Policy will
be accomplished through working relation-ships
and mutual partnerships with Native
American governments. The Service will rely
on Native American governments to identify
formal and informal contacts to represent
them when coordinating with the Service.
Working relationships, in many cases, will be
with Native American fish and wildlife
departments. For major joint initiatives, the
Service will offer to enter into formal agree-ments,
developed by both parties, that
clearly identify the roles, responsibilities, and
obligations of the Service and each involved
Native American government.
The Native American Policy 3
POLICY PRINCIPLES
Reservation Lands
The Service recognizes the authority that
Native American governments have for mak-ing
fish and wildlife resource management
policy and for managing fish and wildlife
resources on trust lands within their Native
American reservations. Under certain cir-cumstances,
a Native American government
may have fish and wildlife authority affecting
nonmember reservation lands. In such cases,
the Service will give proper recognition to
the relative rights of both the Native
American government and the affected
State(s), according to the specific nature of
the case.
Non-Reservation Lands
The Service recognizes and supports the
rights of Native Americans to utilize fish and
wildlife resources on non-reservation lands
where there is a legal basis for such use. The
Service recognizes that as a result of treaties,
statutes, and judicial decrees, certain Native
American governments, along with State gov-ernments,
may have shared responsibilities
to co-manage fish and wildlife resources. In
such cases, the Service will cooperate with
Native American governments and affected
resource management agencies to help meet
objectives of all parties. While the Service
retains primary authority to manage Service
lands, affected Native American govern-ments
will be afforded opportunities to par-ticipate
in the Service’s decision-making
processes for those lands.
IV. SELF-DETERMINATION
Support for Self-Determination
The Service favors empowering Native
American governments and supporting their
missions and objectives in assuming program
management roles and responsibilities
through contracting and other mechanisms.
Therefore, the Service supports the rights of
Native Americans to be self-governing, and
further supports the authority of Native
American governments to manage, co-manage,
or cooperatively manage fish and
wildlife resources, and to protect their
Federally recognized authorities.
Indian Self Determination and
Education Assistance Act
(Public Law 93-638, as amended)
The Service is committed to entering into
contracts, cooperative agreements, or grants
with Native American governments at their
request for the administration of fish and
wildlife conservation programs under the
terms, conditions, and to the extent pro-vided
by the Indian Self Determination and
Education Assistance Act (Act). The Service
will work with Native American governments
in developing effective policies, plans, and
operating standards that are consistent with
the Service’s obligation under the
Department of the Interior’s rules and regu-lations
for implementing the provisions of
the Act.
4 The Native American Policy
V. COMMUNICATION
Consultation
The Service will consult with Native
American governments on fish and wildlife
resource matters of mutual interest and con-cern
to the extent allowed by law. The goal is
to keep Native American governments
involved in such matters from initiation to
completion of related Service activities.
Communication with other Agencies
Upon the request of a tribe, the Service will
encourage and facilitate communication and
cooperation among Native American govern-ments,
States, Federal agencies and others to
identify and delineate respective roles and
responsibilities and to ensure that issues of
common interest and concern are discussed.
This may include such activities as taking the
initiative to provide the biological or man-agerial
expertise necessary for resolution of
conflicts about fish and wildlife resource
issues.
VI. FUNDING
Funding Sources
The Service will assist Native American gov-ernments
in identifying Federal and non-
Federal funding sources that are available to
them for fish and wildlife resource manage-ment
activities.
VII. CULTURE/RELIGION
Consultation
The Service will involve Native American
governments in all Service actions that may
affect their cultural or religious interests,
including archaeological sites. The Service
will be guided in this respect by such
legislation as the American Indian Religious
Freedom Act, the National Historic
Preservation Act, the Native American
Graves Protection and Repatriation Act, and
the Archaeological Resources Protection
Act. The Service will take appropriate
precautions to ensure that locations of
protected sites remain confidential.
Reasonable Access
The Service will provide Native Americans
reasonable access to Service managed or
controlled lands and waters for exercising
ceremonial, medicinal, and traditional activi-ties
recognized by the Service and by Native
American governments. The Service will per-mit
these uses if the activities are consistent
with treaties, judicial mandates, or Federal
and tribal law and are compatible with the
purposes for which the lands are managed.
Animal Parts
The Service will expedite processing and dis-tributing
certain animal parts, such as eagle
feathers, for recognized religious, ceremo-nial,
and cultural purposes in accordance
with Federal laws. Timeliness of processing
and distributing animal parts will be contin-gent
upon animal part availability and on the
needs of the Service to conduct required sci-entific
and law enforcement investigations.
The Service will strive to ensure the dignity
of its custodial process in recognition of the
solemn nature of Native American uses of
such animal parts.
The Native American Policy 5
VIII. LAW ENFORCEMENT
Cooperation
Service law enforcement agents will assist
with the cooperative enforcement of Federal
wildlife laws. The Service will encourage the
use of cooperative law enforcement as an
integral component of Native American,
Federal, and State agreements relating to
fish and wildlife resources. The Service will
assist in the formulation of the law enforce-ment
elements of those agreements. Upon
request, the Service will evaluate Native
American law enforcement capabilities and,
if warranted, provide recommendations for
improving such capabilities.
Coordination
The Service will coordinate with law enforce-ment
officers of Native American govern-ments
regarding Service law enforcement
operations on or adjacent to Native
American lands, as appropriate. The Service
will assist Native American governments in
the coordination of appropriate fish and
wildlife law enforcement investigations that
require the use of the Federal court system.
If requested, the Service will also provide liai-son
between Native American governments
and the U.S. Department of the Interior
Solicitor on fish and wildlife matters.
Development of Fish and Wildlife Codes
The Service will assist Native American gov-ernments
with the development of compre-hensive
fish and wildlife conservation codes.
IX. TECHNICAL ASSISTANCE
Technical Expertise and Assistance
The Service will make available technical
expertise from all Service program areas to
assist Native American governments in the
management of fish and wildlife resources,
and to assist the Native American govern-ments
in developing their own technical
expertise in fish and wildlife conservation
and management where requested. The
Service will advise Native American govern-ments
about the kinds of technical assistance
that it can provide. Technical assistance pri-orities
will be developed with input from
affected Native American governments.
Agreements
The Service will develop partnership agree-ments
with Native American governments to
work together and to exchange technical
expertise regarding matters of mutual inter-est,
such as the conservation and recovery of
threatened and endangered species, migra-tory
birds, and anadromous fish.
Information Transfer
The Service will provide access to technical
information from such sources as technical
assistance offices, other field offices, and fish
health laboratories. As requested, the Service
will assist Native American governments in
identifying other agencies that might pro-vide
technical assistance. Information
obtained by the Service from Native
American governments will not be shared or
released without their consent or as required
by law. Information generated by the Service
through technical assistance to Native
American governments will be released only
with their consent or as required by law.
6 The Native American Policy
X. TRAINING AND EDUCATION
Cultural Awareness Training
The Service will work with Native American
governments to help Service employees
improve their understanding of Native
American traditional, cultural, and religious
values and practices, natural resource values,
treaty and other Federally reserved rights,
and appropriate law enforcement policy
issues.
Native American Access to Service Training
The Service will provide Native American
governments the same access to fish and
wildlife resource training programs as pro-vided
to other government agencies.
Law Enforcement Training
The Service, as resources permit, will make
its law enforcement expertise and capabili-ties
available to Native American govern-ments.
The Service will provide guidance
and assistance in developing, maintaining,
or improving Native American fish and
wildlife law enforcement programs. The
Service’s basic and refresher fish and wildlife
law enforcement training courses that are
provided to other governmental agencies
will also be available to Native Americans.
Professional Development
The Service will facilitate the education and
development of Native American fish and
wildlife professionals by providing innovative
educational programs and on-the-job train-ing
opportunities. The Service will establish
partnerships and cooperative relationships
with Native American educational institu-tions
to assist in such areas as developing
natural resources curricula or implementing
cooperative education programs. The
Service will also ensure that Native American
schools and children are included in its envi-ronmental
education outreach programs.
Work Force Diversification
The Service will develop active, innovative,
and aggressive recruitment programs to
attract qualified personnel to the Service so
that its workforce can be representative of
the cultural diversity of the nation. Qualified
Native Americans will be actively encouraged
to apply for jobs with the Service. These
recruitment efforts will be focused especially
where the Service is involved in managing
fish and wildlife resources for which Native
Americans have management authority or
where they have cultural or religious
interests.
Education of the General Public
The Service will work with Native American
governments to inform and educate the pub-lic
about Native American treaty and
Federally reserved rights, laws, regulations,
and programs, and programs related to fish
and wildlife.
The Native American Policy 7
The following definitions help to clarify the
guidance encompassed by this Policy:
Agreements—Documents approved by two or
more parties that identify their roles and
responsibilities in achieving mutual objec-tives
(e.g. Memoranda of Agreement,
Memoranda of Understanding, Cooperative
Agreements, Grants, and Contracts).
Co-Management—Two or more entities, each
having legally established management
responsibility, working together to actively
protect, conserve, enhance, or restore fish
and wildlife resources.
Cooperative Management—Two or more
entities working together to actively protect,
conserve, enhance, or restore fish and
wildlife resources.
Fish and Wildlife Resources—All fish and
wildlife (including invertebrates), plants and
their habitats.
Fish and Wildlife Resource Management—All
activities that are intended to contribute
directly or indirectly to the preservation,
utilization, maintenance, mitigation and
enhancement of fish and wildlife resources.
Lands—Includes all uplands, wetlands, and
open waters such as streams, lakes, estuaries,
and bays.
Native American Law Enforcement Officers—
Enforcement personnel of Native American
governments specifically empowered primar-ily
or secondarily to enforce fish and wildlife
laws (e.g. rangers, conservation officers,
game wardens, fire chiefs, and police
officers).
Native Americans—American Indians in the
conterminous United States and Alaska
Natives (including Aleuts, Eskimos, and
Indians) who are members of Federally rec-ognized
tribes.
Native American Governments—Governing
bodies, including executive and legislative
branches, of Federally recognized tribes as
regarded by Federal law and formally identi-fied
by the Department of the Interior. Does
not include other entities representing
Native interests such as corporations, soci-eties,
commissions, committees, associations
or other groups not officially designated by
the Secretary of the Interior as a
“Government.”
Reservations—Generally, reservations are
“trust assets” that were set aside for Native
American use, pursuant to treaties, statutes
and executive orders. Properties located out-side
the contiguous boundaries of reserva-tions,
as well as lands conveyed under the
Alaska Native Claims Settlement Act, that are
held in fee title by Native Americans as pri-vate
property generally are not considered to
be reservations.
8 The Native American Policy
DEFINITIONS
Trust Responsibility—The fiduciary obliga-tions
that attach to the United States as
trustee of the assets and resources that the
United States holds in trust for Native
American governments and their members,
the treaty and statutory obligations of the
United States toward Native American
governments and their members, and other
legal obligations that attach to the United
States by virtue of the special relationship
between the Federal Government and Native
American governments. The identification
and quantification of trust assets is recog-nized
as an ongoing and evolving process.
9
U.S. Department of the Interior
Fish and Wildlife Service