Task G Findings and Recommendations
2 - Directives
G3 Finding
Recommendation Develop clear, updated guidance for BIA, tribes, other federal agencies, and any other program involved in tribal forest management activities. ■ Review the relevancy and effectiveness of ‘forestry programs of the BIA’ given the increasing trend of P.L. 93-638 contract and compact tribes directly carrying out forestry program operations. ■ Adapt the role of the BIA and its approach
A review of existing authorities on P.L. 93-638 self-determination and self- governance direction has determined that tribes under either agreement do not have to follow BIA directives (manuals or handbooks) (GAO-19-87). ■ There is unclear direction between the BIA and tribes causing improper use of BIA and/or tribal directives. This is causing conflict in implementing actions. ■ Tribes under P.L. 93-638 contracts (self- determination) must include the standards under which the tribe will operate all non-construction programs, services, activities, or functions that are included in the proposal. ■ Tribes under PL93-638 compacts (self- governance) do not have to identify the standards for administering programs.
for setting tribally focused standards under Indian self-determination and self-governance principles needs to be evaluated.
■ Change the standards of the BIA review and approval of forest management actions implemented by P.L. 93-638 contract and compact tribes. The standards must adhere to the principles of self-governance set forth in 25 CFR 1000.4 and further stated in individual compacts rather than inappropriately requiring compliance with BIA manuals and handbooks. ■ Minimum standards should include policy, operational and silvicultural needs such as reforestation, thinning, invasive species management, facilities, staffing and funding.
144 Assessment of Indian Forests and Forest Management in the United States
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