IFMAT-IV Report

Task G Findings and Recommendations

6 - ITARA (continued)

G17 Finding

Recommendation Extend the ITARA Title II Demonstration Project and increase general knowledge about ITARA applications. ■ Recommend that the demonstration either be extended or made permanent to enable more tribes seeking to participate with the ability to do so. ■ Review ITARA communication strategies and better educate BIA employees about ITARA. ■ Encourage the BIA and other organizations to host ITARA trainings and workshops to educate tribes and provide grants and funding opportunities for tribes to create an ITAMP. Recommendation Under ITARA, the context of the fulfillment of the Secretary’s trust responsibility and changes in performance of inherent federal functions, including related funding issues, needs to be defined and reviewed. ■ It needs to be recognized by the federal government that the federal trust responsibility has not been diminished in the new era of self-determination, self- governance and ITARA. ■ Additional funding will be required by tribes to undertake these inherent functions. ■ Funds that DOI/BIA currently retains for carrying our inherent federal functions now assumed by SG should be released to those tribes.

Limited progress and understanding of ITARA Demonstration Projects. ■ Approval of ITAMPs for the first two tribes authorized to participate in the demonstration project occurred in Dec 2020, which was 4.5 years after the commencement of the ten-year demonstration project. ■ Several BIA regional offices and many tribes were unaware of ITARA and the opportunities for advancing self- determination and self-governance for tribal forestry programs. ■ Those tribes which had some level of knowledge about ITARA expressed awareness of the benefits of carrying out forest management activities under the authority of an ITAMP. ■ However, while tribes indicated the desire to participate in the ITARA Demonstration project most lack capacity and funding to develop an ITAMP. A significant shift in concept and performance of inherent federal functions for SG/ITARA tribes leaves unaddressed issues relating to the Secretary’s trust responsibility. ■ The context of the inherent federal function and the relationship of the performance of this function in fulfilling the Secretary’s trust responsibility has changed. This leaves a residual trust responsibility that is not well understood. ■ Under an approved ITAMP, with exception of the FMP, Wildland Fire Management Plan, and expenditure plans for FMDs, all approval of forest management actions previously performed as inherent federal functions of the BIA are now performed under tribal authority without BIA involvement. ■ Tribes undertaking these inherent functions will need additional staffing and support to properly implement this authority.

G18 Finding

152 Assessment of Indian Forests and Forest Management in the United States

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