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Indian Forest Land in Trust

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Indian Forest ... The court viewed Indian rights to the reservation and the timber upon them as ... the Division of Forestry in the Bureau of Indian Affairs ... – PowerPoint PPT presentation

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Title: Indian Forest Land in Trust


1
Indian Forest Land in Trust
  • Philip Rigdon
  • Yakama Nation
  • DNR
  • April 18, 2007

2
Indian Forest
  • Social
  • Economical
  • Cultural Traditional
  • Traditional Hunting and Fishing
  • Foods and Medicines
  • Religious Cultural

3
Todays Forestry
  • Economic Development is Balanced with
  • Traditional and Culture Values
  • Fish and Wildlife
  • Water Quality
  • Food and Medicine

4
Indian Forest
  • 193 Reservation in 33 States have Forestland
  • 17.9 Million Acres of Forestland
  • 10.2 Million Acres of Woodland
  • 7.7 Million Acres of Timberland

5
Diversity of Lands
  • Rainforest in Washington
  • Palms of Florida
  • Hardwoods of Northeast and Midwest
  • Juniper Stands of the Southwest
  • Interior West Mixed Conifers Stands
  • With the diversity of lands, tribes have
    different goals for their lands

6
Timberlands
  • 44 Billion Board Feet
  • Nationally - Annual Allowable Harvest 779.3
    Million Board Feet Forest lands
  • Generates over 456 million for Indian
    communities and 180 million for neighbor
    non-Indian communities
  • 706 Million Board Feet - Annually Harvested from
    1992-1996

7
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8
Indian Forest
  • A deep history that is shaped by a shifting
    federal policy from the beginning of treaty
    relationships between tribes and the U.S.
    Government.

9
History of Indian Forestry
  • Trust Responsibility
  • John Marshalls 1830s Supreme Court
  • Cherokee Nation v. Georgia
  • Domestic Dependent Nations
  • This created a ward-guardian relationship between
    tribes and the United States.

10
Indian Forestry History
  • 1873 U.S. v. Cook
  • The ruling stated that Indians on the Tulalip
    Reservation in Washington State had no legal
    right to sell timber unless the clearing was for
    agriculture purposes otherwise the logs belonged
    to the United States.
  • The court viewed Indian rights to the reservation
    and the timber upon them as rights of occupancy
    only.

11
Indian Forestry History
  • 1887 General Allotment Act
  • Assimilate tribes and Indian people
  • Move land out of communally held tribal land into
    land that is owned by individual people.

12
Indian Forestry History
  • 1889 Dead and Down Act
  • Grant tribes the right to salvage dead timber for
    commercial purposes.
  • Green timber could not be harvested unless it was
    being cleared for agriculture.
  • This was the first time Congress or the federal
    government recognized the Indians right to use
    their forest for commercial purposes

13
Indian Forestry History
  • 1909 Act - Appropriated Money for Indian
    Forestry
  • 1910 Established the Division of Forestry in the
    Bureau of Indian Affairs
  • The second, in 1910 authorized the Secretary of
    Interior to approve timber harvesting on a
    sustain yield basis
  • Even with the new approach, Congress refused to
    address the failing allotment policy

14
Indian Forestry History
  • 1934 Indian Reorganization Act
  • The act also signified that tribes generally are
    the real owners of the land and resources.
  • The act also gave tribal governments the power to
    stop unwanted activities

15
Indian Forestry History
  • 1950 Termination Era
  • The ultimate goal of the new deal was to develop
    tribes into independent self-governments.
  • Within the extreme of this self-governance,
    various western congressmen moved toward a
    federal policy of termination during the 1950s.
  • President Eisenhower wanted out of the Indian
    Business and the approach at that time was to
    terminate tribes if they could economically and
    socially sustain themselves.
  • This policy lasted until the mid 1950s,when
    nearly everyone involved recognized this path was
    not working

16
Indian Forestry History
  • 1960 to 1970 Tribes began to move toward
    self-determination
  • Within this new approach, tribes began developing
    tribal goals and addressing severe problems with
    federal trust responsibility and inadequate
    funding and services on Indian forest.

17
Indian Forestry History
  • 1975 Self-Determination Act
  • Enabled tribes to take over management of Bureau
    of Indian Affairs programs.
  • First significant move where tribes make the
    management decisions and carry out the goals and
    objectives of the tribe.

18
Indian Forests
  • During the 100 year history - forestry management
    was a forestry program inside a social service
    agency
  • Developing commercial forest during dramatically
    dynamic policy period
  • During this history of BIA Forestry inadequate
    funding
  • Tribes were developing mistrust of the BIA due to
    poor management, little tribal involvement, and
    in some cases outright corruption

19
Intertribal Timber Council
  • Tribes Questioning Direction and Past Management
    of Their Forest
  • Two options
  • Litigation
  • Gather All the Players
  • In 1976 the Intertribal Timber Council was
    Established

20
Intertribal Timber Council
  • Annual Symposium
  • New Collective Voice in Washington D.C.
  • Since establishment, ITC has been vital in
    addressing issues concerning funding, policy, and
    other issues involving trust responsibility

21
National Indian Forest Resource Management Act -
1990
  • Attention and approach by ITC culminated by
    Congress paying more attention to Indian Forest
  • Address Several Issues to Indian Forest

22
NIFRMA 1990
  • Recognition by Congress of Trust Responsibility
  • Development of 10 year management plans,
    integrating tribal values
  • Education Technical Training Developed
  • Last Mandate was the development of an
    Independent Assessment of Indian Forestlands
    every Ten-years

23
IFMAT Report
  • Secretary of Interior contracted with ITC
  • Panel of Scientist Selected
  • The first assessment had 8 question
  • Mainly aimed at finding out the state of Indian
    forest
  • Took 2 years to finish - finished in 1993
  • Panel visited 33 reservations
  • The report came back with ten findings and
    developed some recommendations for Indian Forest

24
IFMAT Report
  • The Four Most Significant Findings
  • Number 1
  • Vision - gap between how Indian people envision
    their forest and how these forest have been
    managed

25
IFMAT Report
  • Number 2
  • Gap in funding between Indian forest and
    comparable federal and private lands
  • Indian forestry is funded 63 of that for timber
    production on National Forest
  • 50 compared to private forestry in PNW
  • 35 compared to coordinated resource management
    on national forest

26
IFMAT Report
  • Number 3
  • Lack of Coordinated Resource Planning
  • Number 4
  • The need for better method of setting and
    overseeing trust standards for Indian forestry

27
IFMAT II
  • 2003 As mandated, re-assessment every 10 years
  • Going back over the issues from previous

28
IFMAT II Report
  • Number 1
  • 1993 - Vision - gap between how Indian people
    envision their forest and how these forest have
    been managed
  • 2003 Significant Progress
  • Cooperation between tribe / BIA
  • Management and responsibility of taken over by
    tribe

29
IFMAT II Report
  • Number 2
  • 1993 - Gap in funding between Indian forest and
    comparable federal and private lands
  • 2003 Some Progress
  • 68 of other federal agencies
  • Mainly due to large reduction of funding for
    forest on the National Forests
  • Significant increase in funding for fuels
    management, fire preparedness and emergency
    stabilization on Indian forest

30
IFMAT II Report
  • Number 3
  • 1993 - Lack of Coordinated Resource Planning
  • 2003 Some Progress
  • Funding has been more of an issue
  • Tribes and BIA are actively progressing

31
IFMAT II Report
  • Number 4
  • 1993 - The need for better method of setting and
    overseeing trust standards for Indian forestry
  • 2003 Little if any Progress
  • Many issues are and will continue to go to court
  • Cobel Lawsuit

32
Final Analysis by IFMAT Team
  • Recognized Potential for Indian forest to serve
    as models of sustainability for society as a
    whole. Due to the unique communal ownership,
    native lands must be used in a way that protects
    and enhances the resources for generations of
    children yet unborn because they bear the
    environmental and economic consequences of
    today…...

33
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34
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