Environmental Update Main Fish & Wildlife Main Overview and Factsheets The Sierra Club's ESA Map Wildlife and Endangered Species Committee       The Military & Wildlife: Range Tours in Hawaii Camp Pendleton, CA       Take Action: Sign our petition!       Related campaigns: Building Resilient Habitats Hunting and Fishing Guard the Grizzly Bear Restore Wild Salmon

American Indian Tribes Connection To The Endangered Species Act The relationship with tribal governments and their involvement in the conservation of endangered and threatened species is critical. The federal trust and Indian tribes. The United States by presidential order recognizes tribal governments as separate and sovereign nations. This is a unique relationship held only between the federal government and Indian tribes. Additionally, the federal government holds 95 million acres of land in a special trust for Indian tribes these tribal lands are separate by law from the federal land base and are recognized as being the "Indian land base". While tribal land is not part of the federal land base the federal government is still required to be responsible for the protection of these lands and tribal resources. The Secretarial Order (Order) for the implementation of the endangered species act was created to outline the responsibilities of the Department of Commerce and Interior when the Endangered Species Act affects tribal land, resources, or rights. The creation of the Order was to protect tribal sovereignty and rights not to enforce Endangered Species Act regulation upon tribes. On this note, proactive measures by the federal government to save endangered and threatened species on tribal lands are only considered at the tribes request. It is also specifically stated in the Order that it will not override or change agreements that are already in place between the federal government and the tribal governments. Additionally, it is made clear that the creation of the Order will not alter or create additional laws. The Order also states that the Endangered Species Act should be implemented fairly for all Americans including Native Americans. While Alaska natives are not included in the Order this is only because of concerns about their subsistence exemptions. The Indian community role in the development of the Order. Representatives from various tribes represented the Indian community during the creation of the final Order. The Order also created the provision that intertribal organizations may speak on behalf of tribes when Endangered Species Act activities may impact tribal land or resources. The allocation of "Deference" to tribal conservation management plans on Indian lands. Tribes that have developed conservation plans that address the concerns of particular listed species by Endangered Species Act enforcing agencies, even if not developed with the particular species in mind, are given "deference". This deference allows the tribe to avoid having to create a new conservation plan for the particular species in question. The degree of deference that is offered to off-reservation resources is based upon the conservation plan addressing the agencies concerns. When are tribal governments allowed a "Direct take" of a species? The Order does not allow for the "Direct take" of listed species but if the situation arises then government-to-government consultations occur to determine the appropriate action to be taken. When is an "incidental take" by tribal governments not permitted? The following standards must be met before restriction can be imposed on Indian communities: The restriction is necessary for the conservation of the listed species The restriction cannot be achieved through regulation of non-Indian activities The restriction is as lest restrictive as possible The restriction does not discriminate Voluntary tribal efforts are not enough to achieve the conservation propose The designation of Critical habitat within Tribal lands. The Order states that unless it is essential for the conservation of a species critical habitat will not be designated on Indian lands. Tribes access to sacred species. The federal tribal working group was created by the Order to examine issues of tribal access to species that are sacred to them. This working group makes recommendations to the Secretaries of the Interior and Commerce about such issues so that a decision can be reached. Tribes role in consolations between federal agencies and outside parties. In consultations with in the Bureau of Indian Affairs (BIA) tribes are recognized as permit applicants and are allowed to participate in this capacity. However, when consultations occur with the Departments of the Interior or Commerce then the BIA acts on the behalf of the tribes. Outside parties that hold consultation are encourage to invite the BIA and affected tribe into the discussion. What is the role of traditional knowledge within the Endangered Species Act process? The best scientific evidence available is the primary source used in decision making when enforcing the Endangered Species Act. But, traditional knowledge is used to expand scientific understanding and to help make decision well rounded. What input do Indian tribes have on Habitat Conservation Plans (HCPs) developed on private land or by the local government. The Order allows for the use of information given by tribes in the creation of HCPs. The federal government conveys information give by the tribes to the HCP applicants and advocate for the incorporation of measures that will restore or enhance tribal resources. The appropriation of funds to add tribal governments in the conservation of listed species. The federal government provides funding to tribes only when funding has been allocated for this use. However, regional and field offices are encouraged to provide personal, machinery, research tools, and information to help tribes in the conservation process. Up to Top