Findings and Recommendations Task E Findings and Recommendation
E12 Finding
Recommendation ■ We recommend that the Secretary of the Interior extend the ITARA Demonstration Project indefinitely. The recommendation for extension should urge making the Demonstration Project permanent. ■ Policy and procedural guidance concerning ITARA implementation needs to be provided to BIA Regional offices. Such guidance should be developed with input from tribes, especially those currently developing or operating under an ITAMP. Project, year-end and other special funding distributed by BIA Regional Offices need to be made available to ITARA tribes in the same manner as other tribes in the Region. ■ A carefully structured review should be conducted to examine the context of the Secretary’s trust responsibility under ITARA, its fulfillment and changes in performance of what previously were considered inherent federal functions. Recommendation ■ Establish a training program that provides BIA officials and tribal leaders with better strategies of engaging with self- governance tribes through a spirit of government to government and consistent with Congressional policy rather than domination.
The Demonstration Project established under ITARA is for a period of ten years commencing on June 16, 2016. Over two years elapsed before the Interior Department formally established the Project and provided guidance for tribal participation (October 1, 2018). ■ The Demonstration Project may be extended at the discretion of the DOI Secretary.
E13 Finding
Many tribes operating under P.L. 93- 638 compacts practice limited levels of self-determination compared to what is provided for in the Indian Self Determination Act (25 USC Chapter 46, Subchapter IV) and individual tribal compacts. ■ There does not appear to be adequate communication between BIA and OSG. The lack of familiarity with self-governance agreements creates tension and misunderstanding between tribes and BIA. ■ Tribal application of regulation through self-governance, outside the context of handbooks and manuals, is not widely accepted by BIA staff.
122 Assessment of Indian Forests and Forest Management in the United States
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