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For all of the good work you do
For participating in these discussions
For taking the time to consider howTribes fit into the environmental
justice puzzle
For your willingness to learn
For being open to changes in attitudeand behavior
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Context
Why are Sacred Places an EJ Issue?
About the SS Report and Recommendations Related Actions
Summary and Discussion
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have historical continuity orassociation with a given geographicalarea;
inhabited an area beforecolonization;
maintain characteristics distinct fromthose of the dominant culture; and
self-identify as distinct and differentfrom the dominant culture and arerecognized as such by other groups.
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2007: 143 nations voted in support
2009-2010: Department of State and
other Federal agencies reviewed
16 December 2010: President Obamaannounced US support
Next steps: Understanding how to use the
declaration within member countries
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Is it a legal authority? It does have somestanding in international law, but is not alegal authority in the sense that we usuallyuse that term domestically.
US policies and actions support,compliment, or underscore theDeclaration.
Agencies are not officially implementingthe Declaration.
We are using it as an aspirational contextfor our actions.
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Indian
Alaska Native
Pacific Islander
USFS Office of Tribal Relations Washington, DC
Hundreds of groups
Inupiaq, Yupik, Aleut, Eyak
Tlingit, Haida, Tsimshian,Athabaskan
Hawaii
Fiji
Samoa
Guam and others
Historical, legal, and social contexts create different
mechanisms for relating with and serving different
categories of Native Americans
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May be expressed by tribe, band, clan,or even corporation
Genetic
Ethnic
Cultural
Spiritual/Religious
Political
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USFS Office of Tribal Relations Washington, DC
Global
US
Non-Federally
Recognized
Tribes/Groups
Uncategorized
Federally
RecognizedTribes
FS Sphere
Trust
Treaties
AllF
ede
ralAgencies
F
S
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Treaties
TrustDoctrine
AI/AN/NH Laws
National Constitutionand Legislation
International & GlobalAgreements
Government-toGovernmentRelations
Other Kinds ofRelations
Federal
Recognition
Lack of FederalRecognition
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EO 12898 recognizes applicability of EJ to Tribes :
6606.Native American Programs.
Each Federal agency responsibility set forth under this
order shall apply equally to Native American programs.In addition, the Department of the Interior, incoordination with the Working Group, and, afterconsultation with tribal leaders, shall coordinate stepsto be taken pursuant to this order that address
Federally-recognized Indian Tribes.
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The USDA EJ Plan includes Tribes throughout. Environmental Justice Communities are defined as
minority, low-income populations, includingAmerican Indian or Alaskan Native populations.
Strategic goals include: Ensure USDA programs provide opportunities for EJCommunities
Increase Capacity building for EJ communitiesthrough training, increased communication,increased stakeholder engagement, creation oftechnical and financial assistance information.
Participate in Tribal consultation and coordinationefforts as required by EO 13175
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The places that Tribes and traditionalpractitioners of Indian religions hold sacred areuniquely significant for the continuity andrestoration of environmental health.
Land management activities involving those placesdisproportionately effect this minority, low-income population.
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On December 6, 2012, Secretary Vilsack releasedthe Report and Recommendations.
Incorporates results from:
100+ meetings with American Indians/AlaskaNatives including 50 G2G consultationsessions
Public comments
FS employee comments
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In 2010, Secretary Vilsack directed a review ofSacred Sites policy and procedures to:
Do a better job of accommodating andprotecting sacred sites
Ensure a more consistent level of sacred siteprotection
Simultaneously pursue the Forest Servicesmission to deliver forest goods and servicesfor current and future generations
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What was heard from Tribes, the public, and FSemployees
Current laws and policies
3 types of recommendations:
relationships/communication
direction/policy
on-the-ground actions
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Conduct comprehensive agency training
Revise agency directives and regulations
Develop and enhance partnerships
Provide a broader context for what is sacred totribes
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Sacred Sites - Specific, discrete, narrowlydelineated locations of religious significance
Executive Order 13007
Sacred Places - considers cultural and landscapeperspectives
Enables FS to more appropriately consider
views of what is sacred
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Effective consultation and collaboration
Updated, clear guidance
Revise directives to better accommodate
protection of sacred places Agency-wide tribal relations training
Greater involvement of American Indian andAlaskan Native people
Additional consultation with Tribes and publicinput, as necessary
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Program Development :Directives, high level training,agreement options
Partnerships:Agreements,Accountability
Rights: Refine,Adjust, CreateAuthorities
Short Term: Year 1Establish
foundation
Mid Term: Years 1 -3Refine, expand,and continueefforts
Long Term: Year 1and onward
Adjustauthorities
M
o
n
it
o
r
a
n
d
R
e
p
o
rt
GOALS
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Participating Agencies
DOI, DOD, DOE, USDA, ACHP
Purpose to improve the protection of and tribal access to
Indian sacred sites through enhanced and improvedinterdepartmental coordination and collaboration
The MOU will be in effect for five years and requires theparticipating agencies to establish a working group and developan action plan for the purpose of carrying out the provisions ofthe MOU in consultation with Indian tribes.
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Executive Working Group: Appointee level membership from participating agencies
Core Working Group:
Senior Department-level staff
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Action Items: Evaluate Existing Authorities Evaluate and Develop Training Draft Guidance to Fill Gaps Create Website Develop Public Outreach Plan Recommend Confidentiality Establish Model Management Practices
Share Personnel and Expertise between Agencies andTribes Outreach to Non-Federal Partners Recommend Steps to Build Tribal Capacity
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Report:http://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesFin
alReportDec2012.pdfMOU:http://www.fs.fed.us/spf/tribalrelations
/documents/sacredsites/SacredSitesMOU_Dec2012.pdf
USFS Office of Tribal Relations Washington, DC
http://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesFinalReportDec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesFinalReportDec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesFinalReportDec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesMOU_Dec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesMOU_Dec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesMOU_Dec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesMOU_Dec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesMOU_Dec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesMOU_Dec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesMOU_Dec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesMOU_Dec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesFinalReportDec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesFinalReportDec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesFinalReportDec2012.pdfhttp://www.fs.fed.us/spf/tribalrelations/documents/sacredsites/SacredSitesFinalReportDec2012.pdf7/28/2019 Sacred Sites Report and Recommendations by Fred Clark
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