For all of the good work you do

For participating in these discussions

For taking the time to consider how

Tribes fit into the environmental justice puzzle For your willingness to learn For being open to changes in attitude and behavior
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 Context
Why are Sacred Places an EJ Issue? About the SS Report and Recommendations

Related Actions
Summary and Discussion

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have historical continuity or association with a given geographical area; inhabited an area before colonization; maintain characteristics distinct from those of the dominant culture; and self-identify as distinct and different from the dominant culture and are recognized as such by other groups.

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 2007: 143 nations voted in support

2009-2010: Department of State and

other Federal agencies reviewed 16 December 2010: President Obama announced US support Next steps: Understanding how to use the declaration within member countries

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 Is it a legal authority?

It does have some standing in international law, but is not a legal authority in the sense that we usually use that term domestically. US policies and actions support, compliment, or underscore the Declaration. Agencies are not officially implementing the Declaration. We are using it as an aspirational context for our actions.
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Indian Alaska Native Pacific Islander

Hundreds of groups Inupiaq, Yupik, Aleut, Eyak Tlingit, Haida, Tsimshian, Athabaskan Hawaii Fiji Samoa Guam and others

Historical, legal, and social contexts create different mechanisms for relating with and serving different categories of Native Americans
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May be expressed by tribe, band, clan, or even corporation Genetic Ethnic Cultural Spiritual/Religious Political

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Treaties FS All Federal Agencies Trust FS Sphere Uncategorized Non-Federally Recognized Tribes/Groups Federally Recognized Tribes US Global
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Treaties
Trust Doctrine AI/AN/NH Laws

Government-to Government Relations Federal Recognition

Lack of Federal Recognition

Other Kinds of Relations

National Constitution and Legislation

International & Global Agreements

 EO 12898 recognizes applicability of EJ to Tribes :

6606. Native American Programs.

Each Federal agency responsibility set forth under this order shall apply equally to Native American programs. In addition, the Department of the Interior, in coordination with the Working Group, and, after consultation with tribal leaders, shall coordinate steps to be taken pursuant to this order that address Federally-recognized Indian Tribes.

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 The USDA EJ Plan includes Tribes throughout.

Environmental Justice Communities are defined as

minority, low-income populations, including American Indian or Alaskan Native populations.

Strategic goals include:
Ensure USDA programs provide opportunities for EJ

Communities Increase Capacity building for EJ communities through training, increased communication, increased stakeholder engagement, creation of technical and financial assistance information. Participate in Tribal consultation and coordination efforts as required by EO 13175
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 The places that Tribes and traditional

practitioners of Indian religions hold sacred are uniquely significant for the continuity and restoration of environmental health. Land management activities involving those places disproportionately effect this minority, lowincome population.

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 On December 6, 2012, Secretary Vilsack released

the Report and Recommendations.

Incorporates results from: 100+ meetings with American Indians/Alaska

Natives including 50 G2G consultation sessions Public comments FS employee comments

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In 2010, Secretary Vilsack directed a review of Sacred Sites policy and procedures to: Do a better job of accommodating and protecting sacred sites Ensure a more consistent level of sacred site protection Simultaneously pursue the Forest Services mission to deliver forest goods and services for current and future generations

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 What was heard from Tribes, the public, and FS

employees Current laws and policies 3 types of recommendations: relationships/communication direction/policy on-the-ground actions

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 Conduct comprehensive agency training Revise agency directives and regulations Develop and enhance partnerships Provide a broader context for what is sacred to

tribes

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 Sacred Sites - Specific, discrete, narrowly

delineated locations of religious significance Executive Order 13007

Sacred Places - considers cultural and landscape

perspectives Enables FS to more appropriately consider views of what is sacred

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 Effective consultation and collaboration Updated, clear guidance Revise directives to better accommodate

protection of sacred places Agency-wide tribal relations training Greater involvement of American Indian and Alaskan Native people Additional consultation with Tribes and public input, as necessary

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GOALS

Rights: Refine, Adjust, Create Authorities

M o n i t o r
a n d R e p o r t

Long Term: Year 1 and onward Adjust authorities Mid Term: Years 1 3 Refine, expand, and continue efforts Short Term: Year 1 Establish foundation

Partnerships: Agreements, Accountability

Program Development : Directives, high level training, agreement options

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 Participating Agencies
DOI, DOD, DOE, USDA, ACHP

Purpose
to improve the protection of and tribal access to

Indian sacred sites through enhanced and improved interdepartmental coordination and collaboration
The MOU will be in effect for five years and requires the participating agencies to establish a working group and develop an action plan for the purpose of carrying out the provisions of the MOU in consultation with Indian tribes.
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 Executive Working Group: Appointee level membership from participating agencies Core Working Group:
Senior Department-level staff

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 Action Items: Evaluate Existing Authorities Evaluate and Develop Training Draft Guidance to Fill Gaps Create Website Develop Public Outreach Plan Recommend Confidentiality Establish Model Management Practices Share Personnel and Expertise between Agencies and Tribes Outreach to Non-Federal Partners Recommend Steps to Build Tribal Capacity
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Report:
http://www.fs.fed.us/spf/tribalrelations /documents/sacredsites/SacredSitesFin alReportDec2012.pdf

MOU:
http://www.fs.fed.us/spf/tribalrelations /documents/sacredsites/SacredSitesM OU_Dec2012.pdf
USFS Office of Tribal Relations Washington, DC