80_FR_46191 80 FR 46043 - Native American Policy for the U.S. Fish and Wildlife Service

80 FR 46043 - Native American Policy for the U.S. Fish and Wildlife Service

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 148 (August 3, 2015)

Page Range46043-46044
FR Document2015-18918

The Fish and Wildlife Service (Service) issues this draft Native American policy for public comment. The purpose of this policy is to further the United States' trust responsibility to Indian tribes by establishing a framework on which to base our continued interactions with federally recognized tribes as well as interactions with Alaska Native Corporations. The policy recognizes the sovereignty of federally recognized tribes; states that the Service will work on a government- to-government basis with tribal governments; and includes guidance on co-management, access to and use of cultural resources, capacity development, law enforcement, and education.

Federal Register, Volume 80 Issue 148 (Monday, August 3, 2015) 
[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Notices]
[Pages 46043-46044]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18918]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-NAL-2015-N111; FXGO1660091NALO156FF09D02000]


Native American Policy for the U.S. Fish and Wildlife Service

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of a draft policy for public notice and 
comment.

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SUMMARY: The Fish and Wildlife Service (Service) issues this draft 
Native American policy for public comment. The purpose of this policy 
is to further the United States' trust responsibility to Indian tribes 
by establishing a framework on which to base our continued interactions 
with federally recognized tribes as well as interactions with Alaska 
Native Corporations. The policy recognizes the sovereignty of federally 
recognized tribes; states that the Service will work on a government-
to-government basis with tribal governments; and includes guidance on 
co-management, access to and use of cultural resources, capacity 
development, law enforcement, and education.

DATES: The Service will accept public comment through September 2, 
2015.

ADDRESSES: The draft Native American policy is available at http://www.fws.gov/policy/draft510fw1.pdf. The existing policy is available in 
the Fish and Wildlife Service Manual at http://www.fws.gov/policy/native-american-policy.pdf. To submit comments, please mail or email 
them to Scott Aikin (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Scott Aikin, Native American Programs 
Coordinator, by mail at U.S. Fish and Wildlife Service, 911 NE 11th 
Avenue, Portland, OR, 97232; or via email at scott_aikin@fws.gov.

SUPPLEMENTARY INFORMATION:

Introduction

    We are publishing this draft Native American policy, which is 
available at http://www.fws.gov/policy/draft510fw1.pdf.
    When it becomes final, we will incorporate the policy in Part 510 
of the Fish and Wildlife Service Manual. The purpose of the policy is 
to articulate principles and serve as a framework for government-to-
government relationships and interactions between the Service and 
federally recognized tribes to conserve fish and wildlife and protect 
cultural resources. The policy includes guidance on:
     The relationship between the Service and federally 
recognized tribes, inter-tribal organizations, including Alaska Native 
Organizations (ANO), and Alaska Native Claims Settlement Act (ANCSA) 
corporations,
     Service employee responsibilities,
     Government-to-government consultation and relations,
     Communication,
     Co-management,
     Tribal access to Service lands and Service-managed 
resources for cultural and religious practices,
     Tribal cultural use of plants and animals,
     Law enforcement,
     Training and education,
     Capacity building and funding, and
     Guidance for implementing and monitoring the policy.
    This policy is not meant to stand on its own. To implement this 
policy, the Service will update its U.S. Fish and Wildlife Service 
Tribal Consultation Handbook and develop training so that Service 
employees will be able to better perform duties related to this policy.

Draft Policy

    We recognize that when the Service and tribes work together on 
resource matters, our longstanding relationship is strengthened and 
resources are better served. This policy provides guidance on 
recognition of tribal sovereign status, Service responsibilities, and 
opportunities for the Service and tribes to work together toward 
natural and cultural resource conservation and access. The purpose of 
this policy is to provide Service employees with guidance when working 
with recognized tribes and other entities such as Alaska Native 
Organizations and Corporations.
    Section 1 of this policy recognizes the unique relationship that 
Federal governmental agencies have with federally recognized tribes. It 
explains that while this is a nationwide policy, the Service maintains 
flexibility for Service Regions and programs to work more appropriately 
with the tribes and ANCSA corporations.
    Section 2 includes the definitions of terms used in the policy.
    Section 3 lists the authorities under which the Service is able to 
take the actions described in the policy.
    Section 4 describes the responsibilities of employees at all levels 
of the Service to carry out this policy.
    Section 5 recognizes the U.S. Government's trust responsibility 
toward federally recognized tribes, tribes' sovereign authority over 
their members and territory, the tribes' rights to self-govern, and 
that government-to-government communication may occur at various levels 
within the Service and the tribes.
    Section 6 describes communication, consultation, and information 
sharing between the Service and tribes.
    Section 7 sets out a range of collaborative management 
opportunities and establishes principles of co-management where tribes 
and the Service have shared responsibility.
    Section 8 recognizes that, for meaningful cultural and religious

[[Page 46044]]

practices, tribal members may need to access Service lands and use 
plants and animals for which the Service has management responsibility.
    Section 9 recognizes tribal law enforcement responsibilities for 
managing Indian lands and tribal resources and encourages cooperative 
law enforcement between the Service and tribes.
    Section 10 invites tribal governments to work with the Service to 
develop and present training for Service employees. It also makes 
available Service technical experts to help tribes develop technical 
expertise, supports tribal self-determination, encourages cross-
training of Service and tribal personnel, and supports Native American 
professional development.
    Section 11 establishes monitoring and implementation guidance for 
the policy.
    Section 12 describes the policy's scope and limitations.

Background and Development of This Draft Policy

    On June 28, 1994, the U.S. Fish and Wildlife Service (Service) 
adopted its Native American Policy (available at http://www.fws.gov/policy/native-american-policy.pdf) to guide the Service's government-
to-government relations with federally recognized tribal governments in 
conserving fish and wildlife resources and to ``help accomplish its 
mission and concurrently to participate in fulfilling the Federal 
Government's and Department of the Interior's trust responsibilities to 
assist Native Americans in protecting, conserving, and utilizing their 
reserved, treaty guaranteed, or statutorily identified trust assets.''
    In July 2013, the Service convened a Native American Policy Team to 
review and update the policy. The Native American Policy Team is 
comprised of Service representatives from its Regions and programs. In 
addition, the Service invited all federally recognized tribal 
governments across the United States to nominate representatives to 
serve on the team. A total of 16 self-nominated tribal representatives 
from all of the major Regions across the country joined the team to 
provide input and tribal perspective.
    Tribal representatives from the following tribal governments and 
organizations participated in a series of meetings with Service 
representatives to review and update the policy: Cherokee Nation, 
Chugach Regional Resources Commission, Confederated Tribes of Grand 
Ronde, Eastern Band Cherokee Indians, Fond du Lac Band of Lake Superior 
Chippewa, Gros Ventre and Assiniboine of Fort Belknap, Great Lakes 
Indian Fish and Wildlife Commission, Muckleshoot Indian Tribe, Native 
Village of Emmonak, Navajo Nation, Oglala Sioux Tribe, Penobscot Indian 
Nation, Quinault Indian Nation, San Manuel Band of Serrano Mission 
Indians, Central Council of Tlingit & Haida Indian Tribes of Alaska, 
and Yurok Tribe. Varying perspectives were shared on a wide range of 
issues including sovereignty, co-management, law enforcement, and trust 
responsibilities, among others. Substantial focus and attention was 
given to improving the implementation and accountability aspects of the 
policy.
    Although Service and tribal team members took part in writing the 
draft, full agreement was not possible on every issue and some 
differences remain. In November 2014, the Yurok Tribe withdrew from the 
Service's Native American Policy Team. Other tribal representatives 
have continued to participate in an effort to work out differences and 
make further improvements to the policy.
    In November 2014, the Service invited federally recognized tribal 
governments in each of its Regions and Alaska Native Corporations to 
consult on a government-to-government basis. The Service provided an 
early working draft of the updated policy for their review and input. A 
total of 23 of the tribal representatives submitted written comments to 
further develop and refine the draft updated policy.
    From December 2014 to April 2015, the Service also held 24 
consultation meetings and webinars within the Regions and nationally. 
Representatives from approximately 100 tribes attended these meetings. 
In March 2015, the Service revised the working draft of the updated 
policy and distributed it for internal Service review throughout all 
levels, Regions, and programs within the agency. We incorporated 
feedback from the internal Service review and additional comments 
received from tribal governments into this draft updated Native 
American Policy.

Open Comment Period

    While this publication opens the 30-day public review period, we 
also invite and encourage tribes and Alaska Native Corporations (ANCs) 
to continue to review and submit comments. The Service's invitation to 
federally recognized tribal governments to consult on a government-to-
government basis regarding development of this updated Native American 
Policy continues until 30 days after this Federal Register 
notification. Comments from local, State, and Federal government 
agencies; federally recognized tribal governments; inter-tribal 
organizations, non-federally recognized tribal governments; ANCSA 
corporations; and the general public are welcome.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comments, you should be 
aware that your entire comment, including your personal identifying 
information, may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

    Dated: June 24, 2015.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2015-18918 Filed 7-31-15; 8:45 am]
BILLING CODE 4310-55-P

Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Notices 46043 tetraspis), false gavial (Tomistoma American policy for public comment. • Tribal cultural use of plants and schlegelii), Tracaja (Podocnemis The purpose of this policy is to further animals, unifilis), Galapagos tortoise (Chelonoidis the United States’ trust responsibility to • Law enforcement, nigra), radiated tortoise (Astrochelys Indian tribes by establishing a • Training and education, radiata), Cuban ground iguana (Cyclura framework on which to base our • Capacity building and funding, and nubila nubila), and the Aruba Island continued interactions with federally • Guidance for implementing and rattlesnake (Crotalus unicolor). This recognized tribes as well as interactions monitoring the policy. notification covers activities to be with Alaska Native Corporations. The This policy is not meant to stand on conducted by the applicant over a 5- policy recognizes the sovereignty of its own. To implement this policy, the year period. federally recognized tribes; states that Service will update its U.S. Fish and the Service will work on a government- Wildlife Service Tribal Consultation Multiple Applicants Handbook and develop training so that to-government basis with tribal The following applicants each request governments; and includes guidance on Service employees will be able to better a permit to import the sport-hunted co-management, access to and use of perform duties related to this policy. trophy of one male bontebok cultural resources, capacity Draft Policy (Damaliscus pygargus pygargus) culled development, law enforcement, and from a captive herd maintained under education. We recognize that when the Service the management program of the and tribes work together on resource DATES: The Service will accept public matters, our longstanding relationship is Republic of South Africa, for the comment through September 2, 2015. strengthened and resources are better purpose of enhancement of the survival of the species. ADDRESSES: The draft Native American served. This policy provides guidance policy is available at http:// on recognition of tribal sovereign status, Applicant: Mark Corry, Washington, www.fws.gov/policy/draft510fw1.pdf. Service responsibilities, and UT; PRT–71117B The existing policy is available in the opportunities for the Service and tribes Applicant: Gary Loveless, Oklahoma Fish and Wildlife Service Manual at to work together toward natural and City, OK; PRT–71073B http://www.fws.gov/policy/native- cultural resource conservation and american-policy.pdf. To submit access. The purpose of this policy is to B. Endangered Marine Mammals and comments, please mail or email them to provide Service employees with Marine Mammals Scott Aikin (see FOR FURTHER guidance when working with Applicant: Florian Schulz; PRT–61681B INFORMATION CONTACT). recognized tribes and other entities such FOR FURTHER INFORMATION CONTACT: as Alaska Native Organizations and The applicant requests a permit to Corporations. photograph polar bears (Ursus Scott Aikin, Native American Programs Coordinator, by mail at U.S. Fish and Section 1 of this policy recognizes the maritimus) in Alaska for the purpose of unique relationship that Federal photography for commercial and Wildlife Service, 911 NE 11th Avenue, Portland, OR, 97232; or via email at governmental agencies have with educational purposes from land and federally recognized tribes. It explains boat. This notification covers activities scott_aikin@fws.gov. that while this is a nationwide policy, to be conducted by the applicant up to SUPPLEMENTARY INFORMATION: the Service maintains flexibility for a 4-year period. Introduction Service Regions and programs to work Concurrent with publishing this more appropriately with the tribes and notice in the Federal Register, we are We are publishing this draft Native ANCSA corporations. forwarding copies of the above American policy, which is available at Section 2 includes the definitions of applications to the Marine Mammal http://www.fws.gov/policy/ terms used in the policy. Commission and the Committee of draft510fw1.pdf. Section 3 lists the authorities under Scientific Advisors for their review. When it becomes final, we will which the Service is able to take the incorporate the policy in Part 510 of the actions described in the policy. Brenda Tapia, Fish and Wildlife Service Manual. The Program Analyst/Data Administrator, Branch Section 4 describes the purpose of the policy is to articulate responsibilities of employees at all of Permits, Division of Management principles and serve as a framework for Authority. levels of the Service to carry out this government-to-government policy. [FR Doc. 2015–18893 Filed 7–31–15; 8:45 am] relationships and interactions between Section 5 recognizes the U.S. BILLING CODE 4310–55–P the Service and federally recognized Government’s trust responsibility tribes to conserve fish and wildlife and toward federally recognized tribes, protect cultural resources. The policy tribes’ sovereign authority over their DEPARTMENT OF THE INTERIOR includes guidance on: members and territory, the tribes’ rights Fish and Wildlife Service • The relationship between the to self-govern, and that government-to- Service and federally recognized tribes, government communication may occur [FWS–HQ–NAL–2015–N111; inter-tribal organizations, including at various levels within the Service and FXGO1660091NALO156FF09D02000] Alaska Native Organizations (ANO), and the tribes. Alaska Native Claims Settlement Act Section 6 describes communication, Native American Policy for the U.S. (ANCSA) corporations, Fish and Wildlife Service consultation, and information sharing • Service employee responsibilities, mstockstill on DSK4VPTVN1PROD with NOTICES between the Service and tribes. AGENCY: Fish and Wildlife Service, • Government-to-government Section 7 sets out a range of Interior. consultation and relations, collaborative management opportunities ACTION: Notice of availability of a draft • Communication, and establishes principles of co- policy for public notice and comment. • Co-management, management where tribes and the • Tribal access to Service lands and Service have shared responsibility. SUMMARY: The Fish and Wildlife Service Service-managed resources for cultural Section 8 recognizes that, for (Service) issues this draft Native and religious practices, meaningful cultural and religious VerDate Sep<11>2014 18:35 Jul 31, 2015 Jkt 235001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1

46044 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Notices practices, tribal members may need to Assiniboine of Fort Belknap, Great government agencies; federally access Service lands and use plants and Lakes Indian Fish and Wildlife recognized tribal governments; inter- animals for which the Service has Commission, Muckleshoot Indian Tribe, tribal organizations, non-federally management responsibility. Native Village of Emmonak, Navajo recognized tribal governments; ANCSA Section 9 recognizes tribal law Nation, Oglala Sioux Tribe, Penobscot corporations; and the general public are enforcement responsibilities for Indian Nation, Quinault Indian Nation, welcome. managing Indian lands and tribal San Manuel Band of Serrano Mission resources and encourages cooperative Indians, Central Council of Tlingit & Public Availability of Comments law enforcement between the Service Haida Indian Tribes of Alaska, and Before including your address, phone and tribes. Yurok Tribe. Varying perspectives were number, email address, or other Section 10 invites tribal governments shared on a wide range of issues personal identifying information in your to work with the Service to develop and including sovereignty, co-management, comments, you should be aware that present training for Service employees. law enforcement, and trust your entire comment, including your It also makes available Service technical responsibilities, among others. personal identifying information, may experts to help tribes develop technical Substantial focus and attention was be made publicly available at any time. expertise, supports tribal self- given to improving the implementation While you can ask us in your comment determination, encourages cross- and accountability aspects of the policy. to withhold your personal identifying training of Service and tribal personnel, Although Service and tribal team information from public review, we and supports Native American members took part in writing the draft, cannot guarantee that we will be able to professional development. full agreement was not possible on do so. Section 11 establishes monitoring and every issue and some differences Dated: June 24, 2015. implementation guidance for the policy. remain. In November 2014, the Yurok Section 12 describes the policy’s James W. Kurth, Tribe withdrew from the Service’s scope and limitations. Native American Policy Team. Other Acting Director, U.S. Fish and Wildlife Service. Background and Development of This tribal representatives have continued to participate in an effort to work out [FR Doc. 2015–18918 Filed 7–31–15; 8:45 am] Draft Policy differences and make further BILLING CODE 4310–55–P On June 28, 1994, the U.S. Fish and improvements to the policy. Wildlife Service (Service) adopted its In November 2014, the Service invited Native American Policy (available at federally recognized tribal governments DEPARTMENT OF THE INTERIOR http://www.fws.gov/policy/native- in each of its Regions and Alaska Native american-policy.pdf) to guide the Corporations to consult on a Bureau of Land Management Service’s government-to-government government-to-government basis. The [LLAZ910000.L12100000.XP0000 15X relations with federally recognized Service provided an early working draft 6100.241A] tribal governments in conserving fish of the updated policy for their review and wildlife resources and to ‘‘help and input. A total of 23 of the tribal State of Arizona Resource Advisory accomplish its mission and representatives submitted written Council Meeting concurrently to participate in fulfilling comments to further develop and refine AGENCY: Bureau of Land Management, the Federal Government’s and the draft updated policy. Interior. Department of the Interior’s trust From December 2014 to April 2015, ACTION: Notice of public meetings. responsibilities to assist Native the Service also held 24 consultation Americans in protecting, conserving, meetings and webinars within the SUMMARY: In accordance with the and utilizing their reserved, treaty Regions and nationally. Representatives Federal Land Policy and Management guaranteed, or statutorily identified from approximately 100 tribes attended Act of 1976 and the Federal Advisory trust assets.’’ these meetings. In March 2015, the Committee Act of 1972, the U.S. In July 2013, the Service convened a Service revised the working draft of the Department of the Interior, Bureau of Native American Policy Team to review updated policy and distributed it for Land Management (BLM), Arizona and update the policy. The Native internal Service review throughout all Resource Advisory Council (RAC) will American Policy Team is comprised of levels, Regions, and programs within meet in Phoenix, Arizona, as indicated Service representatives from its Regions the agency. We incorporated feedback below. and programs. In addition, the Service from the internal Service review and DATES: The Arizona RAC Business invited all federally recognized tribal additional comments received from governments across the United States to meeting will take place September 16, tribal governments into this draft nominate representatives to serve on the 2015, from 8:30 a.m. to 5:00 p.m. updated Native American Policy. team. A total of 16 self-nominated tribal ADDRESSES: The meeting will be held at representatives from all of the major Open Comment Period the BLM Arizona State Office located at Regions across the country joined the While this publication opens the 30- One North Central Avenue, Suite 800, team to provide input and tribal day public review period, we also invite Phoenix, Arizona 85004. perspective. and encourage tribes and Alaska Native FOR FURTHER INFORMATION CONTACT: Tribal representatives from the Corporations (ANCs) to continue to Dorothea Boothe, Arizona RAC following tribal governments and review and submit comments. The Coordinator at the Bureau of Land mstockstill on DSK4VPTVN1PROD with NOTICES organizations participated in a series of Service’s invitation to federally Management, Arizona State Office, One meetings with Service representatives to recognized tribal governments to North Central Avenue, Suite 800, review and update the policy: Cherokee consult on a government-to-government Phoenix, Arizona 85004–4427, 602– Nation, Chugach Regional Resources basis regarding development of this 417–9500. Persons who use a Commission, Confederated Tribes of updated Native American Policy telecommunications device for the deaf Grand Ronde, Eastern Band Cherokee continues until 30 days after this (TDD) may call the Federal Information Indians, Fond du Lac Band of Lake Federal Register notification. Comments Relay Service (FIRS) at 1–800–877–8339 Superior Chippewa, Gros Ventre and from local, State, and Federal to contact the above individual during VerDate Sep<11>2014 18:35 Jul 31, 2015 Jkt 235001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1


Document Created: 2018-02-23 10:51:42
Document Modified: 2018-02-23 10:51:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability of a draft policy for public notice and comment.
DatesThe Service will accept public comment through September 2, 2015.
ContactScott Aikin, Native American Programs Coordinator, by mail at U.S. Fish and Wildlife Service, 911 NE 11th Avenue, Portland, OR, 97232; or via email at [email protected]
FR Citation80 FR 46043 
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