This is perhaps more important now than 30 years ago when it was a recommendation of IFMAT I, as more tribes move to self- governance and ITARA. BIA regulations should reflect that when inherent federal functions move to tribes BIA money withheld for performing those inherent federal functions should go to tribes. Some regulations are no longer appropriate in the face of ITARA and should be reviewed and modernized. Indeed, reviewing the entire structure and function of BIA forestry rules and regulations (relevancy of manuals and handbooks) in light of enhanced self-governance is an urgent task. It would be helpful to review the recommendations of IFMAT I in this regard. Unfunded Mandates Unfunded mandates, such as requirements for complying with federal laws and requirements for consultation are often a burden on tribal forestry budgets. Increased efforts to secure more funding to comply with these mandates is a logical approach. It would be helpful to have specific data concerning costs and impacts on programs in meeting these mandates, to support requests for additional funds perhaps from inclusion in the Funding and Position Analysis questionnaire. Rules Relating to Allowable Annual Cut (AAC) and Other Forestry Activities IFMAT feels that broader stewardship and cultural issues are not necessarily reflected in the achievement (or not) of an a
priori statement of AAC. IFMAT also notes that non-declining even flow, as viewed by BIA, can be antithetical to some tribal forestry goals, particularly in situations such as fuel hazard reduction harvests that “count” as AAC without producing positive revenue. Trust Asset and Accounting Management System (TAAMS) Because TAAMS is not a federal regulation, the use of TAAMS by self-governance tribes for forest management accounting and record keeping may be optional under current rules. Presently, BIA requires the use of TAAMS when tribes enter into Direct Pay Agreements for timber receipts and Forest Management Deductions. By signing those agreements, tribes are agreeing to use TAAMS for forestry accounting and record keeping. This sometimes leads to delay and confusion regarding timber receipts, so review is warranted. Trust Evaluations Clarification is needed concerning which part of the Interior Department organization is responsible for performing self- governance compact and ITARA trust evaluations. Compact trust evaluations are conducted by the Bureau of Trust Funds Administration, Division of Trust Evaluation and Review. There is a separate trust evaluation process required for ITARA tribes set forth in each ITAMP. The official
responsible for directing the ITARA trust evaluation process is a representative of the office of the Assistant Secretary - Indian Affairs (ASIA) or the BIA Central Office. ITARA provides for modernization of the DOI/ BIA administration of the trust responsibility and a means for resolving troublesome interactions with BIA in carrying out forest management activities. The BIA Central Office has not provided the Regional Directors with policy or procedural guidance concerning implementation of the ITARA Demonstration Project. The lack of guidance has resulted in confusion regarding the Regions’ continued relationship with tribes operating under approved ITAMPs. More significant, it has provided opportunity for actions adverse to tribes by BIA Regional staff who do not fully embrace self-governance and the carrying out forestry activities under tribal authority and control. Congressional Declaration of Policy for tribal self -governance explicitly states that the intent of the Act is: “to permit the orderly transition from federal domination of programs and services to provide Indian tribes with meaningful authority to plan, conduct, redesign, and administer programs, services, functions, and activities that meet the needs of the individual tribal communities.” In many cases, however, through the various approval processes the BIA micromanages the decisions, administration, and management of tribal forestry programs.
118 Assessment of Indian Forests and Forest Management in the United States
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