sacred sites report and recommendations by fred clark

7/28/2019 Sacred Sites Report and Recommendations by Fred Clark

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For all of the good work you do

For participating in these discussions

For taking the time to consider howTribes fit into the environmental

justice puzzle

For your willingness to learn

For being open to changes in attitudeand behavior

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USFS Office of Tribal Relations Washington, DC


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Context

Why are Sacred Places an EJ Issue?

About the SS Report and Recommendations Related Actions

Summary and Discussion

3USFS Office of Tribal Relations Washington, DC


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have historical continuity orassociation with a given geographicalarea;

inhabited an area beforecolonization;

maintain characteristics distinct fromthose of the dominant culture; and

self-identify as distinct and differentfrom the dominant culture and arerecognized 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 Obamaannounced 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 somestanding in international law, but is not alegal authority in the sense that we usuallyuse that term domestically.

US policies and actions support,compliment, or underscore theDeclaration.

Agencies are not officially implementingthe Declaration.

We are using it as an aspirational contextfor 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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Global

US

Non-Federally

Recognized

Tribes/Groups

Uncategorized

Federally

RecognizedTribes

FS Sphere

Trust

Treaties

AllF

ede

ralAgencies

F

S


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Treaties

TrustDoctrine

AI/AN/NH Laws

National Constitutionand Legislation

International & GlobalAgreements

Government-toGovernmentRelations

Other Kinds ofRelations

Federal

Recognition

Lack of FederalRecognition


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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, incoordination with the Working Group, and, afterconsultation with tribal leaders, shall coordinate stepsto 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, includingAmerican Indian or Alaskan Native populations.

Strategic goals include: Ensure USDA programs provide opportunities for EJCommunities

Increase Capacity building for EJ communitiesthrough training, increased communication,increased stakeholder engagement, creation oftechnical and financial assistance information.

Participate in Tribal consultation and coordinationefforts as required by EO 13175



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The places that Tribes and traditionalpractitioners of Indian religions hold sacred areuniquely significant for the continuity andrestoration of environmental health.

Land management activities involving those placesdisproportionately effect this minority, low-income population.



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On December 6, 2012, Secretary Vilsack releasedthe Report and Recommendations.

Incorporates results from:

100+ meetings with American Indians/AlaskaNatives including 50 G2G consultationsessions

Public comments

FS employee comments



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In 2010, Secretary Vilsack directed a review ofSacred Sites policy and procedures to:

Do a better job of accommodating andprotecting sacred sites

Ensure a more consistent level of sacred siteprotection

Simultaneously pursue the Forest Servicesmission to deliver forest goods and servicesfor current and future generations



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What was heard from Tribes, the public, and FSemployees

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 totribes



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Sacred Sites - Specific, discrete, narrowlydelineated locations of religious significance

Executive Order 13007

Sacred Places - considers cultural and landscapeperspectives

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 andAlaskan Native people

Additional consultation with Tribes and publicinput, as necessary



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Program Development :Directives, high level training,agreement options

Partnerships:Agreements,Accountability

Rights: Refine,Adjust, CreateAuthorities

Short Term: Year 1Establish

foundation

Mid Term: Years 1 -3Refine, expand,and continueefforts

Long Term: Year 1and onward

Adjustauthorities

M

o

n

it

o

r

a

n

d

R

e

p

o

rt

GOALS



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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 improvedinterdepartmental coordination and collaboration

The MOU will be in effect for five years and requires theparticipating agencies to establish a working group and developan action plan for the purpose of carrying out the provisions ofthe 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 andTribes 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.pdfMOU:http://www.fs.fed.us/spf/tribalrelations

/documents/sacredsites/SacredSitesMOU_Dec2012.pdf

http://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesFinalReportDec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesFinalReportDec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesFinalReportDec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesMOU_Dec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesMOU_Dec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesMOU_Dec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesMOU_Dec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesMOU_Dec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesMOU_Dec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesMOU_Dec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesMOU_Dec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesFinalReportDec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesFinalReportDec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesFinalReportDec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesFinalReportDec2012.pdf


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