81 FR 12447 - Final Directives on American Indian and Alaska Native Relations Forest Service Manual 1500, Chapter 1560, and Forest Service Handbook 1509.13, Chapter 10
DEPARTMENT OF AGRICULTURE
Forest Service Federal Register Volume 81, Issue 46 (March 9, 2016)
Forest Service
Federal Register Volume 81, Issue 46 (March 9, 2016)
| Page Range | 12447-12451 | |
| FR Document | 2016-04804 |
[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)] [Notices] [Pages 12447-12451] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04804] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service RIN 0596-AD15 Final Directives on American Indian and Alaska Native Relations Forest Service Manual 1500, Chapter 1560, and Forest Service Handbook 1509.13, Chapter 10 AGENCY: Forest Service, USDA. ACTION: Notice of final directives. ----------------------------------------------------------------------- SUMMARY: The Forest Service has revised its internal Agency directives for American Indian and Alaska Native Relations to update existing direction for the Agency to work effectively with Indian tribes. The directives were last revised in 2004, with an Interim Directive issued in 2012. The final issuance of these directives, effective upon publication, will provide consistent overall internal Forest Service policy to: Explain the methods used to engage with tribes on a government-to-government basis, describe the authorities for working with tribes, delineate meaningful consultation procedures, and outline dispute resolution options. The tribal and public comment period closed concurrently on September 22, 2015. The Agency considered all comments in developing these final directives. DATES: These directives are issued March 9, 2016. ADDRESSES: The Forest Service Manual and Handbook are available online at http://www.fs.fed.us/spf/tribalrelations/. Single paper copies are available by request to the Office of Tribal Relations, U.S. Forest Service, at [email protected]. Additional information of how the Agency considered public comment can be requested in writing to Office of Tribal Relations, U.S. Forest Service, Sidney R. Yates Building, 201 14th Street SW., Washington, DC 20250-0003. FOR FURTHER INFORMATION CONTACT: Fred Clark, Director, Office of Tribal Relations, U.S. Forest Service, 202-205-1514. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday. SUPPLEMENTARY INFORMATION: 1. Background and Need for the Final Directive On January 18, 2013, the U.S. Department of Agriculture (USDA) adopted Departmental Regulation No. 1350-002 on tribal consultation, coordination, and collaboration. Departmental Regulations institutionalize the broad programmatic direction for all USDA agencies to develop and implement processes for tribal consultation, coordination, and collaboration. This Departmental Regulation explicitly holds the head of each USDA agency accountable for the implementation of this policy. In March 2013, the Forest Service (Agency) Office of Tribal Relations (OTR) began to review the Forest Service manual and handbook to ensure it was consistent with the Departmental Regulation as well as the 2012 Report to the Secretary, USDA Policy and Procedures Review and Recommendations: Indian Sacred Sites, and legislation (specifically the Culture and Heritage Cooperation Authority provisions of the Food, Conservation, and Energy Act of 2008 [Pub. L. 110-246; the Farm Bill]). Upon reviewing these documents, it was necessary to amend the Agency manual and handbook, and OTR began [[Page 12448]] to draft proposed directives which included tribal implications as defined by Executive Order 13175, ``Consultation and Coordination with Indian Tribal Governments.'' OTR began an initial 120-day consultation with tribes on June 6, 2013, but extended the consultation period for almost two years to thoroughly discuss the proposed directives in various locations throughout the U.S. On July 24, 2015, the Forest Service published the notice of proposed directives and request for comment (80 FR 44019), and the comment period ended on September 22, 2015. 2. Content of Final Directives The following is an overview of the content of the directives. a. Forest Service Manual 1560 1563--Tribal Relations. This Forest Service Manual section outlines the Forest Service Tribal Relations policy generally. It sets forth direction beyond consultation to include coordination and collaboration, recognizing the value of collaboration. The section encourages engagement with Alaska Native Corporations, non-federally recognized tribes, Native Hawaiians, along with American Indian and Alaska Native individuals, communities, intertribal organizations, enterprises, and institutions. 1563.01--Authorities. This section provides information on Constitutional Articles corresponding to Indian tribes, statutes (e.g., Tribal Forest Protection Act of 2004 [25 U.S.C. 3115a]), executive orders, policies, Indian treaty rights, and provides context for the Federal trust responsibility to tribes. 1563.02--Objectives. This section expands the objectives of the Forest Service in meeting its trust responsibility and adds support for the UN Declaration on the Rights of Indigenous Peoples. 1563.03--Policy. This section expands Agency policy to consult with tribes in a meaningful way, document all consultation processes, and keep confidential any information that is tribally sensitive or proprietary. 1563.04--Responsibilities. This section outlines the responsibilities in fulfilling the trust responsibility and consultation mandate to the following Agency personnel: Chief, Deputy Chiefs, Director of the Washington Office of Tribal Relations, Regional Tribal Relations Program Managers, Forest/Grasslands Supervisors, District Rangers, and all Tribal Liaisons within the Forest/Grassland, Research and Development, and State and Private Forestry divisions. 1563.05--Definitions. This section provides definitions of the terms commonly used to describe the Federal-Tribal relationship. 1563.10--Consultation with Indian Tribes and Alaska Native Corporations. This section outlines the steps in the consultation process generally, including subsections outlining the roles for consulting officials, associated timelines, evaluations, and additional considerations. 1563.2--Dispute Resolution. This section expands on dispute resolution and appeal procedures for Indian tribes. 1563.3--Reburial of American Indian and Alaska Native Ancestral Remains and Cultural Items. This section expands guidance on repatriation and reburials, including general considerations as well as reviews. 1563.4--Closures for Traditional and Cultural Purposes. This section describes closures for temporary and cultural purposes per 25 U.S.C. 32A Sec. 3054. 1563.6--Prohibition on Disclosure. This section covers prohibition against disclosure per 25 U.S.C. 32A Sec. 3056. 1563.7--Information and Technology Sharing. This section describes working with tribes to incorporate traditional ecological knowledge as well as traditional tribal practices and locations that should be considered in Forest Service land management planning and research activities. 1563.8--References. This section elaborates in the authorities identified in section 1563.01. b. Forest Service Handbook 1509.13 10.01--Authorities. This section includes statutes, Executive Orders, and regulations that govern Federal agencies' relationship with tribes. 11--Consultation with Tribes. This section expands on consultation roles and responsibilities, timelines, consultation process, and monitoring and evaluation processes for compliance monitoring. 12--Compensation. This section includes funding authorities for compensation for consultation, historic preservation. 13--Training. This section includes suggestions for mandated training on sacred sites and related core competencies. 14--Exhibits. This section references additional authorities for management of Indian sacred sites. 3. Public Comments The Agency received only 15 comments on the proposed directives. However, because of strong outreach, coordination, and consultation conducted with tribal partners by OTR in the development of these directives, the Agency did not anticipate receiving many comments. The comments were generally supportive of these directives, and most were from tribes or tribal offices that interact with the Forest Service in a fairly routine manner. The following is a breakdown of the comments provided about the directives and the Agency's response to those comments. FSM 1563 Categorization of the Manual Title Several comments stated that the emphasis should be on the government-to-government relationship because a federal-tribal relationship is not ``External Affairs,'' but instead ``Internal Affairs'' and believe these directives are mislabeled within this category heading. After considering this request, the Agency took no action. The reason Forest Service Manual 1500, Chapter 1560, Section 1563 is listed under the heading ``External Affairs'' is because it involves a party that is not officially employed by the US Forest Service. Many other relationships with organizations outside of the Agency are described within Manual 1500, such as counties and local agencies, which are under Section 1562. The heading is not intended to minimize the government-to-governmental relationship Federal agencies have with Indian tribes; rather, in this context, when a Forest Service employee engages with any person or organization that is not an employee of the US Forest Service (i.e., an internal party), it is external to the Agency. Federal Trust Responsibility Several comments stated that although various individuals, communities, intertribal organization, enterprises, or education institutions may publicly identify as ``tribal,'' it is important to note that these groups do not have the same legal status or rights as federally recognized tribes (i.e., Federal trust responsibilities). The Agency agrees and has modified the text accordingly. Forest Service Handbook Section 1509.13, Chapter 10 reads: ``The rights of tribal governments and their officials are not the same, nor should they be treated the same as the general public.'' This language was inserted into Manual 1500, Chapter 1560 for consistency. Moreover, the trust responsibility is discussed at length in two separate sections in the FSM 1560--the language has been slightly amended to ensure consistency throughout the document. [[Page 12449]] Several respondents also noted the relationship between treaties reserved rights and how they correlate under the trust responsibility. Commenters want the Forest Service to understand how tribes regulate their members' exercise of such rights, rights that are reaffirmed individually through unique statutory references (e.g., individual tribal treaty) as well as off-reservation treaty rights, separate reservation homelands, and other reserved rights. After considering these comments, the Agency did not take any specific action. The directives explain the basis for treaty rights, how tribes continue to exercise such rights today, and the trust responsibilities the Agency holds. These directives were specifically written for Forest Service employees to understand the broad applicability and expansive nature of the Federal trust responsibility as well as the more specific obligations under reserved treaty rights. Using general descriptions encourages a flexible interpretation of legal responsibilities and encourages building strong relationships with individual Indian tribes, in the context of that tribe's treaty status. Federal Status of Tribes Several comments identified that the authority to work with federally recognized Indian tribes does not address relationships with non-federally recognized tribes who may have a stakeholder interests in the Federal agency actions. After considering these comments, there is no clear legal standing for the Forest Service to include non-federally recognized tribes, or even other indigenous communities from the US (such as Native Hawaiians), or from foreign territories that border US lands. Executive Order 13175 ``Coordination and Consultation with Indian Tribes'' specifically defines Indian tribes as ``an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List of 1994, 25 U.S.C. 479a.'' This is the baseline authority for all Federal agencies to engage and consult with Indian tribes and (through other laws) Alaska Native Corporations. Therefore, it is important to provide a framework within the context of these directives for Forest Service employees to understand how the Agency is legally obligated to engage with tribes affected by the Federal trust responsibility, which is only extended to federally recognized tribes, and with Alaska Native Corporations. However, the Forest Service strongly supports working with tribes and tribal communities notwithstanding federal acknowledgment. The mechanisms and procedures used to accomplish those interactions and partnerships are those contained in the Agency's overall authorities, rather than in those for Indian tribes and Alaska Native Corporations. Native American Graves Protection and Repatriation Act (NAGPRA) There were a few comments on Alaska Native Corporations (ANCs) having no legal standing as proper authorities for consultation for the purposes of NAGPRA. If a corporation wishes to be a party to a NAGPRA consultation, they should have express written consent from the tribe that clearly identifies the corporation is acting as their agent. The Agency agrees and has modified the text accordingly. The following language has been inserted: ``Alaska Native Corporations (ANCs) do not have legal authority to consult for NAGRPA purposes; however, if an Alaska tribe expressly gives consent in writing that an ANC is acting as their authorizing agent in a NAGPRA consultation, the request should be considered.'' UN Declaration on the Rights of Indigenous Peoples (UNDRIP) One comment suggests that Article 19 should be included because ``consent'' is an important term to incorporate for tribes to enter into any sort of relationship with a Federal entity. After much consideration, the Agency agrees and has modified the text accordingly. The US endorsed the UNDRIP in 2010. Simply, Article 19 calls on governments to secure the consent of indigenous peoples on matters of general public policy. The US Department of State has yet to issue guidance on the meaning and implications of consent in this context, and the Agency therefore considers the UNDRIP as an ideal the Federal Government should strive toward in its dealings with indigenous peoples and as an important international perspective. Role of Coordination and Collaboration Several commenters noted there was no definition of collaboration in the directives and if collaboration is to serve a purpose in support of consultation, it should be clearly defined in the definitions section. It should also be made clear that collaboration is not the primary way the Forest Service intends to meets its trust responsibilities with tribes nor is coordination ever to be done in lieu of consultation. The Agency agrees and has modified the text accordingly. The Forest Service has included the definition of collaboration published in the USDA Departmental Regulation on Tribal Consultation, Coordination, and Collaboration (DR1350-002: January 18, 2013) to maintain consistency across Agency guidance documents. Further, in Section 1563.03.e, language was inserted that reads: ``To be clear, coordination and collaboration with tribes are key to building long-term, meaningful relationships and should be viewed as a component of daily operations; however, tribal coordination and collaboration efforts do not supersede or substitute tribal consultation on a specific topic.'' FSH 1509.13, Chapter 10 Treaty Rights Several people commented on FSH1509.13, Section 13.3, Core Competencies, subsection (1)(e) which is titled Legal Context. In working with Indian tribes, there is nothing mentioned regarding unratified treaties or unextinguished land titles, and these should be specifically identified in this section. After considering these comments, the Agency agrees and has clarified and modified the text accordingly. The FSH is specifically written for Forest Service employees to understand the broad applicability and see the expansive nature of the federal trust responsibility and treaty obligations. Using general descriptions encourages a flexible interpretation of legal responsibilities and encourages building strong relationships with individual Indian tribes, while keeping their land title and treaty status in mind. The topics of unratified treaties and unextinguished land titles (and the additional topic of unsettled land claims) are now included in the section on Core Competencies. Sacred Sites Many comments suggested that the Forest Service should request sacred sites trainings be hosted by tribes and include tribal staff in the development of internal Forest Service trainings. The Agency reviewed the language and concluded this request was included that in the proposed directives. Federal agencies often lack the framework to contextualize tribal knowledge systems. However, Tribal staff and other Native people can often more clearly identify and accurately assess sacred sites issues. Language in section 13.2 states that Forest Service employees should ``Invite AI/AN people to assist in developing and delivering core curricula.'' Further, [[Page 12450]] Forest Service units are instructed to ``reach out to local Indian tribes to ask for their assistance in both developing and delivering training to Forest Service employees'' and to ``coordinate with local Tribes when sponsoring Forest Service workshops and training to include tribal perspectives.'' These aspects are incorporated directly from the 2012 Sacred Sites Report. 4. Regulatory Certifications Environmental Impact This final directive revises national Forest Service policy to update existing direction for the Agency to effectively work together with Indian tribes. Forest Service regulations at 36 CFR 220.6(d)(2) exclude from documentation in an environmental assessment or environmental impact statement ``rules, regulations, or policies to establish Service-wide administrative procedures, program processes, or instructions.'' The Agency has concluded that this final directive falls within this category of actions and that no extraordinary circumstances exist which would require preparation of an environmental assessment or environmental impact statement. Regulatory Impact Executive Order (E.O.) 12866 provides that the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB) will review all significant regulatory actions. OIRA has determined that this final policy action is not significant. E.O. 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovated, and least burdensome tools for achieving regulatory ends. The E.O. directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed these directives in a manner consistent with these requirements. Regulatory Flexibility Act The Agency certifies that these directives will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.). These directives will not impose record-keeping requirements on small entities; they will not affect their competitive position in relation to large entities; and they will not affect their cash flow, liquidity, or ability to remain in the market. Small Business Regulatory Enforcement Fairness Act These directives are not considered major under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. They will not result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year. The directives' requirements will not result in a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. Nor will these directives have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises because the rule is limited to consultation with federally acknowledged Indian tribes. Unfunded Mandates Reform Act The directives do not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 Million per year. The dirctives do not have a significant or unique effect on State, local, or tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. No Takings Implications (E.O. 12630) Under the criteria in Executive Order 12630, these directives do not affect individual property rights protected by the Fifth Amendment nor do they involve a compensable ``taking.'' A takings implication assessment is therefore not required. Federalism (E.O. 13132) Under the criteria in Executive Order 13132, this document has no substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Civil Justice Reform (E.O. 12988) These directives comply with the requirements of Executive Order 12988. Specifically, these directives were reviewed to eliminate efforts and ambiguity and written to minimize litigation; and are written in clear language and contains clear legal standards. Consultation With Indian Tribes (E.O. 13175) In accordance with the President's memorandum of April 29, 1994, ``Government-to-Government Relations with Native American Tribal Governments,'' 59 FR 22951 (May 4, 1994), supplemented by Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, 65 FR 67249 (Nov. 6, 2000), the Agency assessed these directives to have tribal implications as defined in E.O. 13175. The 120-day consultation with Indian tribes and Alaska Native Corporations was conducted from June 6, 2013, to October 6, 2013, as required, and was further extended over a nearly two-year period. Because of strong outreach, coordination, and consultation conducted with tribal partners in the development of these directives, the Agency received only 15 comments. The comments were generally supportive of these directives, and most were from tribes or tribal offices that interact with the Forest Service in a fairly routine manner. Additional outreach to Indian tribes and intertribal organizations will convey the availability of the final directives. Paperwork Reduction Act These final directives do not contain any recordkeeping or reporting requirements or other information collection requirements as defined in 5 CFR part 1320 that are not already required by law or not already approved for use. Accordingly, the review provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its implementing regulations at 5 CFR part 1320 do not apply. National Environmental Policy Act These directives do not constitute a major Federal action significantly affecting the quality of the human environment because it is of an administrative, technical, and procedural nature. See 43 CFR 46.210(i). No extraordinary circumstances exist that would require greater review under the National Environmental Policy Act. Effects on the Energy Supply (E.O. 13211) This final policy action is not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects is not required. [[Page 12451]] Dated: February 8, 2016. Thomas L. Tidwell, Chief, Forest Service. [FR Doc. 2016-04804 Filed 3-8-16; 8:45 am] BILLING CODE 3415-15-P
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These treatments include meadow We are interested in your comments government-to-government basis,
restoration and enhancement; on the following questions: describe the authorities for working
noncommercial thinning of trees and • Are there alternative ways to meet with tribes, delineate meaningful
shrubs less than 7 inches diameter at the purpose of the project other than the consultation procedures, and outline
breast height (DBH), pruning and proposed action we offer, which you dispute resolution options. The tribal
planting. would like the Forest Service to and public comment period closed
7. Recreation related activities include consider and analyze? concurrently on September 22, 2015.
visual treatment of the powerline • Is there any information about the The Agency considered all comments in
corridor, enhancement of Short Lake project area, which you believe is developing these final directives.
area and around Fox Creek important in the context of the proposed DATES: These directives are issued
Campground. activities that you would like the Forest March 9, 2016.
8. Thinning and fuels treatments will Service to consider? ADDRESSES: The Forest Service Manual
occur on approximately 802 acres of • What specifically are the potential and Handbook are available online at
Riparian Reserves outside of riparian effects of this proposal that you are http://www.fs.fed.us/spf/tribalrelations/.
buffers to accelerate and/or improve particularly concerned about? For Single paper copies are available by
Aquatic Conservation Strategy example, rather than simply stating that request to the Office of Tribal Relations,
Objectives (ACSOs). Additional you would like a change in a proposed U.S. Forest Service, at OTR@fs.fed.us.
Riparian Reserve treatments could occur activity or that you would not like an Additional information of how the
on up to 50 acres within buffers, activity to take place, it is most helpful Agency considered public comment can
including diversity thinning in to understand why you desire this. be requested in writing to Office of
plantations, wood placement in creeks What are your underlying concerns with Tribal Relations, U.S. Forest Service,
and cutting and leaving conifers in areas an activity or action; what are the effects Sidney R. Yates Building, 201 14th
of hardwoods to encourage hardwood from the activity that concern you? Street SW., Washington, DC 20250–
growth. All treatments will be designed Comments received in response to 0003.
to accelerate and/or improve ACSOs. this solicitation, including names and FOR FURTHER INFORMATION CONTACT: Fred
Responsible Official addresses of those who comment, will Clark, Director, Office of Tribal
Detroit District Ranger. be part of the public record for this Relations, U.S. Forest Service, 202–205–
proposed action. Comments submitted 1514. Individuals who use
Nature of Decision To Be Made anonymously will be accepted and telecommunication devices for the deaf
Given the purpose and need, the considered; however, anonymous (TDD) may call the Federal Information
scope of the decision to be made by the comments will not provide the Agency Relay Service (FIRS) at 1–800–877–8339
responsible official will be as follows: with the ability to provide the between 8:00 a.m. and 8:00 p.m.,
• Do the proposed actions comply respondent with subsequent Eastern Standard Time, Monday
with all applicable laws governing environmental documents. through Friday.
Forest Service actions? Dated: February 29, 2016. SUPPLEMENTARY INFORMATION:
• Do the proposed actions comply Grady McMahan,
with the applicable standards and 1. Background and Need for the Final
District Ranger.
guidelines found in the Willamette Land Directive
[FR Doc. 2016–05257 Filed 3–8–16; 8:45 am]
and Resource Management Plan On January 18, 2013, the U.S.
(LRMP)? BILLING CODE 3410–11–P
Department of Agriculture (USDA)
• Does the Environmental Impact adopted Departmental Regulation No.
Statement have sufficient site-specific 1350–002 on tribal consultation,
environmental analysis to make an DEPARTMENT OF AGRICULTURE
coordination, and collaboration.
informed decision? Departmental Regulations
Forest Service
• Do the proposed actions meet the
institutionalize the broad programmatic
purpose and need for action? RIN 0596–AD15
With these assurances the responsible direction for all USDA agencies to
official must decide: Final Directives on American Indian develop and implement processes for
• Whether or not to select the and Alaska Native Relations Forest tribal consultation, coordination, and
proposed action or one of any other Service Manual 1500, Chapter 1560, collaboration. This Departmental
potential alternatives that may be and Forest Service Handbook 1509.13, Regulation explicitly holds the head of
developed, and what, if any, additional Chapter 10 each USDA agency accountable for the
actions should be required. implementation of this policy. In March
AGENCY: Forest Service, USDA. 2013, the Forest Service (Agency) Office
Scoping Process ACTION: Notice of final directives. of Tribal Relations (OTR) began to
This notice of intent initiates the review the Forest Service manual and
scoping process, which guides the SUMMARY: The Forest Service has handbook to ensure it was consistent
development of the environmental revised its internal Agency directives for with the Departmental Regulation as
impact statement. American Indian and Alaska Native well as the 2012 Report to the Secretary,
It is important that reviewers provide Relations to update existing direction USDA Policy and Procedures Review
their comments at such times and in for the Agency to work effectively with and Recommendations: Indian Sacred
such manner that they are useful to the Indian tribes. The directives were last Sites, and legislation (specifically the
Lhorne on DSK5TPTVN1PROD with NOTICES
agency’s preparation of the revised in 2004, with an Interim Culture and Heritage Cooperation
environmental impact statement. Directive issued in 2012. The final Authority provisions of the Food,
Therefore, comments should be issuance of these directives, effective Conservation, and Energy Act of 2008
provided prior to the close of the upon publication, will provide [Pub. L. 110–246; the Farm Bill]).
scoping comment period and should consistent overall internal Forest Upon reviewing these documents, it
clearly articulate the reviewer’s Service policy to: Explain the methods was necessary to amend the Agency
concerns and contentions. used to engage with tribes on a manual and handbook, and OTR began
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to draft proposed directives which 1563.05—Definitions. This section conducted with tribal partners by OTR
included tribal implications as defined provides definitions of the terms in the development of these directives,
by Executive Order 13175, commonly used to describe the Federal- the Agency did not anticipate receiving
‘‘Consultation and Coordination with Tribal relationship. many comments. The comments were
Indian Tribal Governments.’’ OTR began 1563.10—Consultation with Indian generally supportive of these directives,
an initial 120-day consultation with Tribes and Alaska Native Corporations. and most were from tribes or tribal
tribes on June 6, 2013, but extended the This section outlines the steps in the offices that interact with the Forest
consultation period for almost two years consultation process generally, Service in a fairly routine manner. The
to thoroughly discuss the proposed including subsections outlining the following is a breakdown of the
directives in various locations roles for consulting officials, associated comments provided about the directives
throughout the U.S. On July 24, 2015, timelines, evaluations, and additional and the Agency’s response to those
the Forest Service published the notice considerations. comments.
of proposed directives and request for 1563.2—Dispute Resolution. This
comment (80 FR 44019), and the section expands on dispute resolution FSM 1563
comment period ended on September and appeal procedures for Indian tribes. Categorization of the Manual Title
22, 2015. 1563.3—Reburial of American Indian
and Alaska Native Ancestral Remains Several comments stated that the
2. Content of Final Directives and Cultural Items. This section emphasis should be on the government-
The following is an overview of the expands guidance on repatriation and to-government relationship because a
content of the directives. reburials, including general federal-tribal relationship is not
considerations as well as reviews. ‘‘External Affairs,’’ but instead ‘‘Internal
a. Forest Service Manual 1560 Affairs’’ and believe these directives are
1563.4—Closures for Traditional and
1563—Tribal Relations. This Forest Cultural Purposes. This section mislabeled within this category heading.
Service Manual section outlines the describes closures for temporary and After considering this request, the
Forest Service Tribal Relations policy cultural purposes per 25 U.S.C. 32A Agency took no action. The reason
generally. It sets forth direction beyond § 3054. Forest Service Manual 1500, Chapter
consultation to include coordination 1563.6—Prohibition on Disclosure. 1560, Section 1563 is listed under the
and collaboration, recognizing the value This section covers prohibition against heading ‘‘External Affairs’’ is because it
of collaboration. The section encourages disclosure per 25 U.S.C. 32A § 3056. involves a party that is not officially
engagement with Alaska Native 1563.7—Information and Technology employed by the US Forest Service.
Corporations, non-federally recognized Sharing. This section describes working Many other relationships with
tribes, Native Hawaiians, along with with tribes to incorporate traditional organizations outside of the Agency are
American Indian and Alaska Native ecological knowledge as well as described within Manual 1500, such as
individuals, communities, intertribal traditional tribal practices and locations counties and local agencies, which are
organizations, enterprises, and that should be considered in Forest under Section 1562. The heading is not
institutions. Service land management planning and intended to minimize the government-
1563.01—Authorities. This section research activities. to-governmental relationship Federal
provides information on Constitutional 1563.8—References. This section agencies have with Indian tribes; rather,
Articles corresponding to Indian tribes, elaborates in the authorities identified in this context, when a Forest Service
statutes (e.g., Tribal Forest Protection in section 1563.01. employee engages with any person or
Act of 2004 [25 U.S.C. 3115a]), organization that is not an employee of
executive orders, policies, Indian treaty b. Forest Service Handbook 1509.13
the US Forest Service (i.e., an internal
rights, and provides context for the 10.01—Authorities. This section party), it is external to the Agency.
Federal trust responsibility to tribes. includes statutes, Executive Orders, and
1563.02—Objectives. This section regulations that govern Federal Federal Trust Responsibility
expands the objectives of the Forest agencies’ relationship with tribes.
Service in meeting its trust Several comments stated that
11—Consultation with Tribes. This
responsibility and adds support for the although various individuals,
section expands on consultation roles
UN Declaration on the Rights of communities, intertribal organization,
and responsibilities, timelines,
Indigenous Peoples. enterprises, or education institutions
consultation process, and monitoring
1563.03—Policy. This section may publicly identify as ‘‘tribal,’’ it is
and evaluation processes for compliance
expands Agency policy to consult with important to note that these groups do
monitoring.
tribes in a meaningful way, document 12—Compensation. This section not have the same legal status or rights
all consultation processes, and keep includes funding authorities for as federally recognized tribes (i.e.,
confidential any information that is compensation for consultation, historic Federal trust responsibilities).
tribally sensitive or proprietary. preservation. The Agency agrees and has modified
1563.04—Responsibilities. This 13—Training. This section includes the text accordingly. Forest Service
section outlines the responsibilities in suggestions for mandated training on Handbook Section 1509.13, Chapter 10
fulfilling the trust responsibility and sacred sites and related core reads: ‘‘The rights of tribal governments
consultation mandate to the following competencies. and their officials are not the same, nor
Agency personnel: Chief, Deputy Chiefs, 14—Exhibits. This section references should they be treated the same as the
Director of the Washington Office of additional authorities for management general public.’’ This language was
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Tribal Relations, Regional Tribal of Indian sacred sites. inserted into Manual 1500, Chapter
Relations Program Managers, Forest/ 1560 for consistency. Moreover, the
Grasslands Supervisors, District 3. Public Comments trust responsibility is discussed at
Rangers, and all Tribal Liaisons within The Agency received only 15 length in two separate sections in the
the Forest/Grassland, Research and comments on the proposed directives. FSM 1560—the language has been
Development, and State and Private However, because of strong outreach, slightly amended to ensure consistency
Forestry divisions. coordination, and consultation throughout the document.
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Dated: February 8, 2016. to the public. The agenda will include living in poverty. This emphasis will
Thomas L. Tidwell, time for people to make oral statements support Rural Development’s (RD’s) goal
Chief, Forest Service. of three minutes or less. Individuals of providing 20 percent of its funding by
[FR Doc. 2016–04804 Filed 3–8–16; 8:45 am] wishing to make an oral statement 2016 to these areas of need.
BILLING CODE 3415–15–P
should request in writing by March 2, 2. Direct loans to areas which lack
2016, to be scheduled on the agenda. running water, flush toilets, and modern
Anyone who would like to bring related sewage disposal systems, and areas
DEPARTMENT OF AGRICULTURE matters to the attention of the committee which have open sewers and high rates
may file written statements with the of disease caused by poor sanitation, in
Forest Service committee staff before or after the particular, colonias or Substantially
meeting. Written comments and Underserved Trust Areas.
Ashley Resource Advisory Committee requests for time for oral comments DATES: The deadline for completed
Meeting must be sent to Attention: Louis Haynes, applications for a HWWS grant is May
AGENCY: Forest Service, USDA. RAC Coordinator, Ashley NF 9, 2016. Applications in either paper or
Supervisor’s Office, 355 North Vernal electronic format must be postmarked or
ACTION: Notice.
Avenue, Vernal, Utah 84078; by email to time-stamped electronically on or before
SUMMARY: The Ashley Resource ljhaynes@fsfed.us, or via facsimile to the deadline. Late applications will be
Advisory Committee (RAC) will meet in 435–781–5142. ineligible for grant consideration.
Vernal, Utah. The committee is Meeting Accommodations: If you are ADDRESSES: Submit applications to the
authorized under the Secure Rural a person requiring reasonable following addresses:
Schools and Community Self- accommodation, please make requests 1. Electronic applications: Grants.gov.
Determination Act (the Act) and in advance for sign language Submit electronic applications through
operates in compliance with the Federal interpreting, assistive listening devices, Grants.gov, following the instructions
Advisory Committee Act. The purpose or other reasonable accommodation. For on that Web site.
of the committee is to improve access to the facility, please contact the 2. Paper applications: Water Programs
collaborative relationships and to person listed in the section titled FOR Division, Rural Development, Rural
provide advice and recommendations to FURTHER INFORMATION CONTACT. All Utilities Service, STOP: 1570, Room
the Forest Service concerning projects reasonable accommodation requests are 2234–S, 1400 Independence Avenue
and funding consistent with Title II of managed on a case by case basis. SW., Washington, DC 20250–1570.
the Act. RAC information can be found Dated: February 25, 2016. Obtain application guides and
at the following Web site: http:// John Erickson, materials for the HWWS Grant Program
cloudapps-usda-gov.force.com/FSSRS/ Forest Supervisor. electronically or in paper format from
RAC_Page?id=001t0000002JcvKAAS. [FR Doc. 2016–04968 Filed 3–8–16; 8:45 am]
the following addresses:
DATES: Meeting will be held from 6:00 1. Electronic copies: rurdev.usda.gov/
BILLING CODE 3411–15–M
p.m. to 8:00 p.m. on March 16, 2016. All UWP-individualwellsystems;
RAC meetings are subject to 2. Paper copies: Write Water Programs
cancellation. For status of meeting prior DEPARTMENT OF AGRICULTURE Division, Rural Utilities Service, STOP:
to attendance, please contact the person 1570, Room 2234–S, 1400 Independence
listed under FOR FURTHER INFORMATION Rural Utilities Service Avenue SW., Washington, DC 20250–
CONTACT. 1570 or call (202) 720–9583.
Announcement of Grant Application FOR FURTHER INFORMATION CONTACT:
ADDRESSES: The meeting will be held at Deadlines and Funding Levels Derek Jones, Community Programs
Ashley National Forest (NF) Specialist, Water and Environmental
Supervisor’s Office, 355 North Vernal AGENCY: Rural Development, Rural
Utilities Service, USDA. Programs, Rural Utilities Service, Rural
Avenue, Vernal, Utah. Written Development, U.S. Department of
comments may be submitted as ACTION: Notice of Solicitation of
Agriculture, STOP 1570, Room 2234–S,
described under SUPPLEMENTARY Applications (NOSA), Household Water
1400 Independence Avenue SW.,
INFORMATION. All comments, including Well System Grant Program.
Washington, DC 20250–1570,
names and addresses when provided, Telephone: (202) 720–9640, fax: (202)
SUMMARY: The Rural Utilities Service
are placed in the record and are 690–0649, email: derek.jones@
(RUS) announces its Household Water
available for public inspection and wdc.usda.gov.
Well System (HWWS) Grant Program
copying. The public may inspect
application window for fiscal year (FY) SUPPLEMENTARY INFORMATION:
comments received at Ashley NF
2016. RUS will make grants to qualified
Supervisor’s Office. Please call ahead to Overview
private non-profit organizations to
facilitate entry into the building.
establish lending programs for Federal Agency: Rural Utilities
FOR FURTHER INFORMATION CONTACT: homeowners to borrow up to $11,000 to Service, USDA.
Louis Haynes, RAC Coordinator, by construct or repair household water Funding Opportunity Title: HWWS
phone at 435–781–5105 or via email at wells for an existing home. The HWWS Grant Program.
ljhaynes@fs.fed.us. Individuals who use Grant Program is authorized under 7 Announcement Type: Grant—
telecommunication devices for the deaf U.S.C. 1926e. Regulations may be found Solicitation of Applications.
(TDD) may call the Federal Information at 7 CFR part 1776. Catalog of Federal Domestic
Lhorne on DSK5TPTVN1PROD with NOTICES
Relay Service (FIRS) at 1–800–877–8339 This year RUS will assign Assistance (CFDA) Number: 10.862.
between 8:00 a.m. and 8:00 p.m., administrative discretion points to Due Date for Applications: May 9,
Eastern Standard Time, Monday applications that: 2016.
through Friday. 1. Direct loans to rural areas where
SUPPLEMENTARY INFORMATION: The according to the American Community Items in Supplementary Information
purpose of the meeting is to review draft Survey data by census tracts show that I. Funding Opportunity: Description
project long forms. The meeting is open at least 20 percent of the population is of the HWWS Grant Program.
VerDate Sep<11>2014 15:08 Mar 08, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.SGM 09MRN1](https://thefederalregister.org/doc/81_FR_12493/page/5.svg)
Document Created: 2016-03-09 00:13:08
Document Modified: 2016-03-09 00:13:08
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final directives. | |
| Dates | These directives are issued March 9, 2016. | |
| Contact | Fred Clark, Director, Office of Tribal Relations, U.S. Forest Service, 202-205-1514. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday. | |
| FR Citation | 81 FR 12447 | |
| RIN Number | 0596-AD15 |
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