recommended an independent commission outside of the BIA (and Secretary of the Interior) to verify plan performance. However, this independent commission has not been established. Framing Standards The discussion of standards can be framed around the following two questions: a) What are the current standards and how are they used? Several current forestry and forest management standards exist including individual approved tribal FMPs, 25CFR Part 163 regulations, BIA handbooks and manuals, provisions of the Indian Trust Asset Reform Act (ITARA) including individual ITAMPs, and NEPA/ESA regulations regarding forestry project level work. NIFRMA and the 25 CFR Part 163 regulations provide the framework for current federal Indian forest management standards. The BIA has developed manuals and handbooks to implement their interpretation of the federal regulations. While not directed by statute or regulation, the BIA appears to view adherence to the policies and procedures set forth in these guidance documents as standards for fulfilling the Secretary’s trust responsibility. Tribal comments during the virtual meetings and site visits raised questions about the extent
“Forest management is supposed to be by the book. Now let’s see what kind of book we can write.” —IFMAT IV focus group participant b) How should state-of-the-art standards be developed and implemented under P.L. 93-638 contract and compact tribal operations and ITARA models for Indian forest management? In the development of the Forest Management Plan (FMP) each tribe identifies important values and establishes a tribal vision for forest management, was useful, but at times overly prescriptive and needed updating. With the continued advancement of self-governance and movement towards carrying out forestry activities under ITARA, the use of BIA manuals and handbooks as standards becomes problematic. BIA policies, manuals and handbooks do not apply to P.L. 93-638 contract and compact (GAO-19-87 Indian Programs). Under ITARA, tribes can replace federal rules with tribal law and regulations resulting in an almost complete removal of BIA involvement in carrying out forest management on Indian trust lands. set goals and objectives and describe forest practices to achieve desired outcomes. For P.L. 93-638 contract and compact tribes, the FMP is approved by both the tribe and the Secretary. IFMAT has long argued that each tribe and the Secretary should mutually agree on minimum standards within the development of the tribal FMPs. For tribes carrying out forest management
of use and the value of the BIA manuals and handbooks as a set of standards. One half of the tribes participating in the assessment felt that the manuals and handbooks were useful to some extent. General observation is that standards are needed but should be tribally driven and determined by each tribe’s vision for management of its forest lands. Some specific observations from tribes relating to BIA manual and handbook standards are: “we don’t use them”, “they are outdated”, “procedures need to be streamlined”, “practice is to follow usual, long-term procedures that have worked over the years rather than refer to the manuals and handbooks”, and “the manuals and handbooks do not reflect state-of-the-art forestry or tribal forest management objectives”. One tribal forest manager felt standards and procedures contained in BIA manuals and handbooks may serve the BIA’s needs for consistency and accountability, but were burdensome, did not provide the best approach for getting things done at the field level and did not serve the tribe’s interest. Some tribal staff stated that the manuals and handbooks were useful in providing guidance to address specific issues such as forest trespass and forest management planning. Newer staff, without a lot of experience in Indian forestry, felt guidance provided in the manuals and handbooks
“The BIA manual is always thrown in our face but we are underfunded and cannot do everything that is listed in the BIA manuals.” —IFMAT IV focus group participant
138 Assessment of Indian Forests and Forest Management in the United States
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