Transcript FEDERAL CONTRACTING MECHANISMS

THE TRIBAL FOREST PROTECTION ACT:
OPPORTUNITIES FOR COLLABORATION BETWEEN
THE FOREST SERVICE AND TRIBES
Objectives
 Provide the background and an overview of the
Tribal Forest Protection Act (TFPA) as part of the
federal government’s trust responsibility.
 Highlight the opportunity to use TFPA in landscape
scale efforts as a tool to restore and sustain forest
health and resiliency for the benefit of Tribes, land
management agencies and the public.
Key Terms
 “Tribes”- recognized by the US government.
 “Trust Responsibility”- the federal government has a
legal responsibility to protect the interests and rights
of Tribes and their members.
 “Land in trust”- the US holds the legal title and the
Tribe or individual Indian person holds the beneficial
interest.
TFPA Background
 Tribes and FS share approximately 2, 500 thousand
miles of border and hundreds of thousands of acres
of watersheds.
 Lack of active management and decrease in forest
health has led to insect outbreaks and catastrophic
fires.
 Potential for more extreme events now so we should
work together.
TFPA Background
 Passed in 2004 with bilateral support.
 Authorizes the Secretaries of Agriculture and Interior
to give special consideration to tribally-proposed
projects on FS or BLM lands.
 For the FS, TFPA authority is delegated to the
Regional Forester.
TFPA Background
 Resulted in part from the catastrophic fires
burning from federal lands onto reservations with
devastating results.
 In 2002, the Rodeo-Chediski Fire in Arizona
burned 276,000 acres on the Fort Apache
Reservation in east-central Arizona.
 The next year, 20 reservations were on fire; 8 in
Southern California were completely burned over.
TFPA Basics
 Based on the government-to-government
relationship.
 Sets forth the goal of protection of trust lands.
 Acknowledges Tribes’ historic and cultural
interests.
 Recognizes relevant knowledge and skills.
TFPA Basics
To qualify, the Indian land (either tribal or allotted)
must be in trust or restricted status and must be
forested or have a grass, brush, or other
vegetative cover.
Burned-over land capable of regenerating
vegetative cover also qualifies.
TFPA Basics
The Tribe must propose a specific project to take place
on FS administered land which:
 Borders or is adjacent to Indian trust land and
 Poses a fire, insect infestation, disease, and/or other
threat to the Indian trust land, resources or
community, or is in need of land restoration.
TFPA Basics
The proposal area:
 Should involve a feature or circumstance
unique to the proposing Tribe (i.e., legal,
cultural, archaeological, historic, or biological)
and
 Should not be subject to some other
conflicting agreement or contract.
TFPA Basics
 The FS may respond to tribal proposals within
120 days.
 Collaboration prior to the submission of a formal
proposal is more likely to lead success.
TFPA Basics
Agencies can deny a proposal, but may:
 Provide the reasons for the denial,
 Identify corrective courses of action, and
 Consult with the Tribe on how to protect the
Indian trust land and tribal interests.
TFPA Basics
TFPA is an important and flexible tool for
Tribes and the FS to reduce current and
future threats and restore forests and
supports the FS initiative, “all lands, all
hands.”
Let’s see how has it been implemented?
TFPA Success Stories
 The McGinnis Cabin Fuels Reduction Project
between the Confederated Salish-Kootenai Tribes
and Lolo NF in west-central Montana: thinning, fuel
reduction, biomass utilization, road construction,
maintenance (utilizing a stewardship contract).
TFPA Success Stories
 The Mill Creek Fuels Reduction Project between the
Hoopa Tribe and Six Rivers NF in northwestern
California: over 300 acres of fuels reduction next to
a wilderness and boarding the Hoopa Reservation
(tiered to a master agreement).
TFPA Success Stories
 The Lake Quinault Water Treatment Plant between
the Quinault Indian Nation and Olympic NF in
Washington State: water quality at Lake Quinault,
over 3,700 surface acres (through a yearly service
contract).
TFPA Success Stories
 The Parry Pinyon Pine Protection Project between
two Tribes, the Ramona and Santa Rosa Bands of
Cahuilla Indians, and the San Bernardino National
Forest in southern California: treating and protecting
100 + acres of culturally important stands of pinyon
through volunteer efforts.
TFPA Success Stories
 The 16 Springs Stewardship Project between the
Mescalero Tribe and Lincoln NF in New Mexico: fuels
reduction and protection from insect and disease,
over 6,000 acres (utilizing a stewardship contract and
economic stimulus funding).
TFPA Success Stories
The Lost Burros Project between the White Mountain
Apache Tribe and the Apache-Sitgreaves National
Forest in east central Arizona: designed to reduce the
threat of catastrophic fire to the Tribe’s reservation.
Using a participating agreement.
TFPA Success Stories
The Los Burros Project’s 3 phases:
Phase 1 - preparation/and sale layout on
approximately 4,500 acres, including tribal crew
training;
Phase 2 - third party under a pre-existing stewardship
contract for treatment with mechanized equipment;
and
Phase 3 tree thinning by the Tribe.
Consultation and Collaboration
 As these examples of TFPA illustrate, there are
mutual benefits to collaboration between Tribes
and the FS to work across boundaries and reduce
the threat of risks to trust lands.
 TFPA project development is consistent with FS
emphasis on “all lands, all hands” and forest
landscape management.
Consultation and Collaboration
Photo courtesy of Pete Crowheart, FS