Indian Forest; Land in Trust
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Transcript of Indian Forest; Land in Trust
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Indian Forest; Land in Trust
Philip RigdonYakama Nation
DNR
April 18, 2007
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Indian Forest
• Social • Economical• Cultural & Traditional• Traditional Hunting and Fishing• Foods and Medicines• Religious & Cultural
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Today’s Forestry
• Economic Development is Balanced with;• Traditional and Culture Values• Fish and Wildlife• Water Quality• Food and Medicine
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Indian Forest
• 193 Reservation in 33 States have Forestland
• 17.9 Million Acres of Forestland• 10.2 Million Acres of Woodland • 7.7 Million Acres of Timberland
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Diversity of Lands
• Rainforest in Washington• Palms of Florida• Hardwoods of Northeast and Midwest• Juniper Stands of the Southwest• Interior West Mixed Conifers Stands• With the diversity of lands, tribes have
different goals for their lands
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Timberlands• 44 Billion Board Feet• Nationally - Annual Allowable Harvest
779.3 Million Board Feet Forest lands• Generates over $456 million for Indian
communities and $180 million for neighbor non-Indian communities
• 706 Million Board Feet - Annually Harvested from 1992-1996
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Indian Forest
• A deep history that is shaped by a shifting federal policy from the beginning of treaty relationships between tribes and the U.S. Government.
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History of Indian Forestry
Trust Responsibility
John Marshall’s 1830’s Supreme CourtCherokee Nation v. Georgia
“Domestic Dependent Nations”This created a ward-guardian relationship
between tribes and the United States.
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Indian Forestry History
• 1873 U.S. v. Cook– The ruling stated that Indians on the Tulalip
Reservation in Washington State had no legal right to sell timber unless the clearing was for agriculture purposes; otherwise the logs belonged to the United States.
– The court viewed Indian rights to the reservation and the timber upon them as rights of occupancy only.
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Indian Forestry History• 1887 General Allotment Act
– Assimilate tribes and Indian people
– Move land out of communally held tribal land into land that is owned by individual people.
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Indian Forestry History
• 1889 Dead and Down Act– Grant tribes the right to salvage dead timber for
commercial purposes. – Green timber could not be harvested unless it
was being cleared for agriculture. – This was the first time Congress or the federal
government recognized the Indians’ right to use their forest for commercial purposes
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Indian Forestry History• 1909 Act - Appropriated Money for
Indian Forestry• 1910 Established the Division of Forestry
in the Bureau of Indian Affairs– The second, in 1910 authorized the Secretary of
Interior to approve timber harvesting on a sustain yield basis
– Even with the new approach, Congress refused to address the failing allotment policy
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Indian Forestry History
• 1934 Indian Reorganization Act– The act also signified that tribes generally are
the real owners of the land and resources. – The act also gave tribal governments the power
to stop unwanted activities
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Indian Forestry History• 1950 Termination Era
– The ultimate goal of the new deal was to develop tribes into independent self-governments.
– Within the extreme of this self-governance, various western congressmen moved toward a federal policy of termination during the 1950s.
– President Eisenhower wanted “out of the Indian Business” and the approach at that time was to terminate tribes if they could economically and socially sustain themselves.
– This policy lasted until the mid 1950s,when nearly everyone involved recognized this path was not working
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Indian Forestry History
• 1960 to 1970 Tribes began to move toward self-determination– Within this new approach, tribes began
developing tribal goals and addressing severe problems with federal trust responsibility and inadequate funding and services on Indian forest.
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Indian Forestry History
• 1975 Self-Determination Act– Enabled tribes to take over management of
Bureau of Indian Affairs programs.– First significant move where tribes make the
management decisions and carry out the goals and objectives of the tribe.
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Indian Forests• During the 100 year history - forestry management
was a forestry program inside a social service agency• Developing commercial forest during dramatically
dynamic policy period• During this history of BIA Forestry – inadequate
funding• Tribes were developing mistrust of the BIA due to
poor management, little tribal involvement, and in some cases outright corruption
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Intertribal Timber Council
• Tribes Questioning Direction and Past Management of Their Forest
• Two options– Litigation– Gather All the Players
• In 1976 the Intertribal Timber Council was Established
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Intertribal Timber Council
• Annual Symposium• New Collective Voice in Washington D.C.• Since establishment, ITC has been vital in
addressing issues concerning funding, policy, and other issues involving trust responsibility
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National Indian Forest Resource Management Act - 1990
• Attention and approach by ITC culminated by Congress paying more attention to Indian Forest
• Address Several Issues to Indian Forest
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NIFRMA 1990• Recognition by Congress of Trust
Responsibility• Development of 10 year management plans,
integrating tribal values• Education & Technical Training Developed• Last Mandate was the development of an
Independent Assessment of Indian Forestlands every Ten-years
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IFMAT Report• Secretary of Interior contracted with ITC• Panel of Scientist Selected • The first assessment had 8 question• Mainly aimed at finding out the state of Indian
forest• Took 2 years to finish - finished in 1993• Panel visited 33 reservations • The report came back with ten findings and
developed some recommendations for Indian Forest
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IFMAT Report
• The Four Most Significant Findings Number 1Vision - gap between how Indian people
envision their forest and how these forest have been managed
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IFMAT ReportNumber 2Gap in funding between Indian forest and comparable federal and private lands
Indian forestry is funded 63% of that for timber production on National Forest•50% compared to private forestry in PNW•35% compared to coordinated resource management on national forest
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IFMAT Report
Number 3Lack of Coordinated Resource Planning
Number 4The need for better method of setting and
overseeing trust standards for Indian forestry
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IFMAT II
• 2003 As mandated, re-assessment every 10 years
• Going back over the issues from previous
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IFMAT II Report
Number 1• 1993 - Vision - gap between how Indian
people envision their forest and how these forest have been managed
• 2003 Significant Progress – Cooperation between tribe / BIA – Management and responsibility of taken over
by tribe
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IFMAT II Report
Number 2• 1993 - Gap in funding between Indian forest
and comparable federal and private lands• 2003 Some Progress
– 68% of other federal agencies– Mainly due to large reduction of funding for forest on
the National Forests– Significant increase in funding for fuels management,
fire preparedness and emergency stabilization on Indian forest
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IFMAT II Report
Number 3• 1993 - Lack of Coordinated Resource
Planning• 2003 Some Progress
– Funding has been more of an issue – Tribes and BIA are actively progressing
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IFMAT II Report
Number 4• 1993 - The need for better method of
setting and overseeing trust standards for Indian forestry
• 2003 Little if any Progress – Many issues are and will continue to go to court– Cobel Lawsuit
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Final Analysis by IFMAT Team• Recognized Potential for Indian forest to
serve as models of sustainability for society as a whole. Due to the unique communal ownership, native lands must be used in a way that protects and enhances the resources for generations of children yet unborn because they bear the environmental and economic consequences of today…...
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Thank You