On January 20, 2016, Native American leaders and Service officials celebrated

completion of the agency’s revised policy guiding government-to-government relations

between tribes and the agency. Sixteen tribes worked with Service representatives for

more than two years to revise the policy, which in Service Director Dan Ashe’s words

“will foster and nurture relationships with tribes and honor the mutual trust of

guardianship we hold for decades to come.”

News Release

Final Revised Policy

Cover: The “Dreamcatcher” — During sleepis often when the most powerful visionsoccur. A dream catcher should be hungfreely in the air above the head of thedreamer. Good dreams become caught inthe net and directed back to the dreamer byway of the feather. Bad dreams go throughthe hole and beyond.

Cover Art is a pen and ink drawing by KeithC. Smith of a dreamcatcher created by KenPoynter. Keith, a graduate of the Universityof Colorado is Navajo and is currentlyemployed by the University of Colorado–Boulder. Ken, a Passamaquody, is currentlythe Executive Director of the NativeAmerican Fish and Wildlife Society.

FROM THE DIRECTOR

Just as the “Dreamcatcher” catches the good dreams and allows

the bad dreams to pass through the net, the Native American

Policy of the Fish and Wildlife Service that follows is intended

to capture only good government-to government relationships.

As our relationship with the Native American people continues

to evolve, we will continue to capture the good visions and

add them to this Policy.

June 28, 1994

The U.S. Fish and Wildlife Service (Service),to accomplish its objectives with greatereffectiveness, is seeking partnerships withNative American governments, foreignnations, States, other governmental agen-cies, conservation groups, and individual citi-zens. Such partnerships will provideopportunities to better address ecologicalsystems as a whole and do so with maximumassistance and support.

The express purpose of this Native AmericanPolicy (Policy) is to articulate the generalprinciples that will guide the Service’s gov-ernment-to-government relationship toNative American governments in the conser-vation of fish and wildlife resources. TheService envisions developing other NativeAmerican policy statements on more specifictopics.

The Service has developed and adopted thisPolicy to help accomplish its mission andconcurrently to participate in fulfilling theFederal Government’s and the Departmentof the Interior’s trust responsibilities to assistNative Americans in protecting, conserving,and utilizing their reserved, treaty guaran-teed, or statutorily identified trust assets.This Policy is consistent with Federal policysupporting Native American governmentself-determination.

The Service has a long history of workingwith Native American governments in man-aging fish and wildlife resources. These rela-tionships will be expanded, within theService’s available resources, by improvingcommunication and cooperation, providingfish and wildlife management expertise,training and assistance, and respecting andutilizing the traditional knowledge, experi-ence, and perspectives of Native Americansin managing fish and wildlife resources.

This Policy is intended to be flexible anddynamic to provide for evolution of the part-nerships between the Service and NativeAmerican governments. Working relation-ships between the Service and NativeAmerican governments will be generally con-sistent nationwide, however, they will varyaccording to the legal basis and manage-ment requirements of each relationship. Forexample, the Service’s interaction withAlaska Natives is largely directed by the pro-visions of the Alaska Native ClaimsSettlement Act and the Alaska NationalInterest Lands Conservation Act. Outside ofAlaska, the Service’s involvement with NativeAmericans is guided primarily by reservedright doctrines, Executive Orders, judicialmandates, and specific treaties between theFederal Government and Native Americangovernments. This Policy applies to allService employees in discharging officialduties that affect Native American govern-mental interests.

The Native American Policy 1

INTRODUCTION

This Policy is adopted pursuant to and con-sistent with existing law and does not pre-empt or modify the fish and wildlifemanagement authorities of the Service,other Federal agencies, Native Americangovernments, or States. The Policy does notsuggest recognition of tribal authority thatdoes not currently exist, however, the Serviceneed not wait for judicial recognition oftribal authority over fish and wildlife whensuch authority is already supported by law.The Policy will not be used to arbitrate dif-ferences in opinion between governmentagencies or to interpret any authorities, lawsor judicial findings. Unless specific judicialrulings or Acts of Congress indicate other-wise, this Policy should not be construed asvalidating the authority of any NativeAmerican government in Alaska over lands,fish and wildlife, or non-tribal members.

This Policy does not negate or supersede thediverse mandates and priorities of theService. Accomplishing the intent of thisPolicy is contingent upon prevailing legal,procedural, workforce, and monetaryconstraints.

2 The Native American Policy

The following policy statements provide theframework within which the Service willcooperate with Native American govern-ments to conserve fish and wildliferesources.

I. SOVEREIGNTY

Native American governments are recog-nized as governmental sovereigns and havebeen referred to as quasi-sovereign domesticdependent nations by the courts. TheService recognizes the sovereign status ofNative American Governments.

II. CONSERVATION

While the major components of this Policyare aimed at cultivating and maintainingeffective partnerships between the Serviceand Native American governments, the ulti-mate goal is to effect long-term conservationof fish and wildlife resources. This goal iseloquently expressed in the followingstatement:

“We did not inherit this Earth or its naturalresources from our ancestors, we are onlyborrowing them from our childrens’ childrenand their children. Therefore, we are duty-bound and obligated to protect themand use them wisely until such time thatthey get here, and then they will have thesame obligations.”

Anonymous

III. GOVERNMENT TO GOVERNMENT RELATIONS

General Statement

There is a unique and distinctive politicalrelationship between the United States andNative American governments, as defined bytreaties, statutes, court decisions and theUnited States Constitution, that differenti-ates Native American governments fromother interests and constituencies, and thatextends to all Federal agencies. The Servicewill maintain government-to-governmentrelationships with Native American govern-ments. The Service will work directly withNative American governments and observelegislative mandates, trust responsibilities,and respect Native American cultural valueswhen planning and implementing programs.Successful implementation of this Policy willbe accomplished through working relation-ships and mutual partnerships with NativeAmerican governments. The Service will relyon Native American governments to identifyformal and informal contacts to representthem when coordinating with the Service.Working relationships, in many cases, will bewith Native American fish and wildlifedepartments. For major joint initiatives, theService will offer to enter into formal agree-ments, developed by both parties, thatclearly identify the roles, responsibilities, andobligations of the Service and each involvedNative American government.

The Native American Policy 3

POLICY PRINCIPLES

Reservation Lands

The Service recognizes the authority thatNative American governments have for mak-ing fish and wildlife resource managementpolicy and for managing fish and wildliferesources on trust lands within their NativeAmerican reservations. Under certain cir-cumstances, a Native American governmentmay have fish and wildlife authority affectingnonmember reservation lands. In such cases,the Service will give proper recognition tothe relative rights of both the NativeAmerican government and the affectedState(s), according to the specific nature ofthe case.

Non-Reservation Lands

The Service recognizes and supports therights of Native Americans to utilize fish andwildlife resources on non-reservation landswhere there is a legal basis for such use. TheService recognizes that as a result of treaties,statutes, and judicial decrees, certain NativeAmerican governments, along with State gov-ernments, may have shared responsibilitiesto co-manage fish and wildlife resources. Insuch cases, the Service will cooperate withNative American governments and affectedresource management agencies to help meetobjectives of all parties. While the Serviceretains primary authority to manage Servicelands, affected Native American govern-ments will be afforded opportunities to par-ticipate in the Service’s decision-makingprocesses for those lands.

IV. SELF-DETERMINATION

Support for Self-Determination

The Service favors empowering NativeAmerican governments and supporting theirmissions and objectives in assuming programmanagement roles and responsibilitiesthrough contracting and other mechanisms.Therefore, the Service supports the rights ofNative Americans to be self-governing, andfurther supports the authority of NativeAmerican governments to manage, co-manage, or cooperatively manage fish andwildlife resources, and to protect theirFederally recognized authorities.

Indian Self Determination and Education Assistance Act (Public Law 93-638, as amended)

The Service is committed to entering intocontracts, cooperative agreements, or grantswith Native American governments at theirrequest for the administration of fish andwildlife conservation programs under theterms, conditions, and to the extent pro-vided by the Indian Self Determination andEducation Assistance Act (Act). The Servicewill work with Native American governmentsin developing effective policies, plans, andoperating standards that are consistent withthe Service’s obligation under theDepartment of the Interior’s rules and regu-lations for implementing the provisions ofthe Act.

4 The Native American Policy

V. COMMUNICATION

Consultation

The Service will consult with NativeAmerican governments on fish and wildliferesource matters of mutual interest and con-cern to the extent allowed by law. The goal isto keep Native American governmentsinvolved in such matters from initiation tocompletion of related Service activities.

Communication with other Agencies

Upon the request of a tribe, the Service willencourage and facilitate communication andcooperation among Native American govern-ments, States, Federal agencies and others toidentify and delineate respective roles andresponsibilities and to ensure that issues ofcommon interest and concern are discussed.This may include such activities as taking theinitiative to provide the biological or man-agerial expertise necessary for resolution ofconflicts about fish and wildlife resourceissues.

VI. FUNDING

Funding Sources

The Service will assist Native American gov-ernments in identifying Federal and non-Federal funding sources that are available tothem for fish and wildlife resource manage-ment activities.

VII. CULTURE/RELIGION

Consultation

The Service will involve Native Americangovernments in all Service actions that mayaffect their cultural or religious interests,including archaeological sites. The Servicewill be guided in this respect by suchlegislation as the American Indian ReligiousFreedom Act, the National HistoricPreservation Act, the Native AmericanGraves Protection and Repatriation Act, andthe Archaeological Resources ProtectionAct. The Service will take appropriateprecautions to ensure that locations ofprotected sites remain confidential.

Reasonable Access

The Service will provide Native Americansreasonable access to Service managed orcontrolled lands and waters for exercisingceremonial, medicinal, and traditional activi-ties recognized by the Service and by NativeAmerican governments. The Service will per-mit these uses if the activities are consistentwith treaties, judicial mandates, or Federaland tribal law and are compatible with thepurposes for which the lands are managed.

Animal Parts

The Service will expedite processing and dis-tributing certain animal parts, such as eaglefeathers, for recognized religious, ceremo-nial, and cultural purposes in accordancewith Federal laws. Timeliness of processingand distributing animal parts will be contin-gent upon animal part availability and on theneeds of the Service to conduct required sci-entific and law enforcement investigations.The Service will strive to ensure the dignityof its custodial process in recognition of thesolemn nature of Native American uses ofsuch animal parts.

The Native American Policy 5

VIII. LAW ENFORCEMENT

Cooperation

Service law enforcement agents will assistwith the cooperative enforcement of Federalwildlife laws. The Service will encourage theuse of cooperative law enforcement as anintegral component of Native American,Federal, and State agreements relating tofish and wildlife resources. The Service willassist in the formulation of the law enforce-ment elements of those agreements. Uponrequest, the Service will evaluate NativeAmerican law enforcement capabilities and,if warranted, provide recommendations forimproving such capabilities.

Coordination

The Service will coordinate with law enforce-ment officers of Native American govern-ments regarding Service law enforcementoperations on or adjacent to NativeAmerican lands, as appropriate. The Servicewill assist Native American governments inthe coordination of appropriate fish andwildlife law enforcement investigations thatrequire the use of the Federal court system.If requested, the Service will also provide liai-son between Native American governmentsand the U.S. Department of the InteriorSolicitor on fish and wildlife matters.

Development of Fish and Wildlife Codes

The Service will assist Native American gov-ernments with the development of compre-hensive fish and wildlife conservation codes.

IX. TECHNICAL ASSISTANCE

Technical Expertise and Assistance

The Service will make available technicalexpertise from all Service program areas toassist Native American governments in themanagement of fish and wildlife resources,and to assist the Native American govern-ments in developing their own technicalexpertise in fish and wildlife conservationand management where requested. TheService will advise Native American govern-ments about the kinds of technical assistancethat it can provide. Technical assistance pri-orities will be developed with input fromaffected Native American governments.

Agreements

The Service will develop partnership agree-ments with Native American governments towork together and to exchange technicalexpertise regarding matters of mutual inter-est, such as the conservation and recovery ofthreatened and endangered species, migra-tory birds, and anadromous fish.

Information Transfer

The Service will provide access to technicalinformation from such sources as technicalassistance offices, other field offices, and fishhealth laboratories. As requested, the Servicewill assist Native American governments inidentifying other agencies that might pro-vide technical assistance. Informationobtained by the Service from NativeAmerican governments will not be shared orreleased without their consent or as requiredby law. Information generated by the Servicethrough technical assistance to NativeAmerican governments will be released onlywith their consent or as required by law.

6 The Native American Policy

X. TRAINING AND EDUCATION

Cultural Awareness Training

The Service will work with Native Americangovernments to help Service employeesimprove their understanding of NativeAmerican traditional, cultural, and religiousvalues and practices, natural resource values,treaty and other Federally reserved rights,and appropriate law enforcement policyissues.

Native American Access to Service Training

The Service will provide Native Americangovernments the same access to fish andwildlife resource training programs as pro-vided to other government agencies.

Law Enforcement Training

The Service, as resources permit, will makeits law enforcement expertise and capabili-ties available to Native American govern-ments. The Service will provide guidanceand assistance in developing, maintaining,or improving Native American fish andwildlife law enforcement programs. TheService’s basic and refresher fish and wildlifelaw enforcement training courses that areprovided to other governmental agencieswill also be available to Native Americans.

Professional Development

The Service will facilitate the education anddevelopment of Native American fish andwildlife professionals by providing innovativeeducational programs and on-the-job train-ing opportunities. The Service will establishpartnerships and cooperative relationshipswith Native American educational institu-tions to assist in such areas as developingnatural resources curricula or implementingcooperative education programs. TheService will also ensure that Native Americanschools and children are included in its envi-ronmental education outreach programs.

Work Force Diversification

The Service will develop active, innovative,and aggressive recruitment programs toattract qualified personnel to the Service sothat its workforce can be representative ofthe cultural diversity of the nation. QualifiedNative Americans will be actively encouragedto apply for jobs with the Service. Theserecruitment efforts will be focused especiallywhere the Service is involved in managingfish and wildlife resources for which NativeAmericans have management authority orwhere they have cultural or religiousinterests.

Education of the General Public

The Service will work with Native Americangovernments to inform and educate the pub-lic about Native American treaty andFederally reserved rights, laws, regulations,and programs, and programs related to fishand wildlife.

The Native American Policy 7

The following definitions help to clarify theguidance encompassed by this Policy:

Agreements — Documents approved by two ormore parties that identify their roles andresponsibilities in achieving mutual objec-tives (e.g. Memoranda of Agreement,Memoranda of Understanding, CooperativeAgreements, Grants, and Contracts).

Co-Management — Two or more entities, eachhaving legally established managementresponsibility, working together to activelyprotect, conserve, enhance, or restore fishand wildlife resources.

Cooperative Management — Two or moreentities working together to actively protect,conserve, enhance, or restore fish andwildlife resources.

Fish and Wildlife Resources — All fish andwildlife (including invertebrates), plants andtheir habitats.

Fish and Wildlife Resource Management — Allactivities that are intended to contributedirectly or indirectly to the preservation,utilization, maintenance, mitigation andenhancement of fish and wildlife resources.

Lands — Includes all uplands, wetlands, andopen waters such as streams, lakes, estuaries,and bays.

Native American Law Enforcement Officers —Enforcement personnel of Native Americangovernments specifically empowered primar-ily or secondarily to enforce fish and wildlifelaws (e.g. rangers, conservation officers,game wardens, fire chiefs, and policeofficers).

Native Americans — American Indians in theconterminous United States and AlaskaNatives (including Aleuts, Eskimos, andIndians) who are members of Federally rec-ognized tribes.

Native American Governments — Governingbodies, including executive and legislativebranches, of Federally recognized tribes asregarded by Federal law and formally identi-fied by the Department of the Interior. Doesnot include other entities representingNative interests such as corporations, soci-eties, commissions, committees, associationsor other groups not officially designated bythe Secretary of the Interior as a“Government.”

Reservations — Generally, reservations are“trust assets” that were set aside for NativeAmerican use, pursuant to treaties, statutesand executive orders. Properties located out-side the contiguous boundaries of reserva-tions, as well as lands conveyed under theAlaska Native Claims Settlement Act, that areheld in fee title by Native Americans as pri-vate property generally are not considered tobe reservations.

8 The Native American Policy

DEFINITIONS

Trust Responsibility — The fiduciary obliga-tions that attach to the United States astrustee of the assets and resources that theUnited States holds in trust for NativeAmerican governments and their members,the treaty and statutory obligations of theUnited States toward Native Americangovernments and their members, and otherlegal obligations that attach to the UnitedStates by virtue of the special relationshipbetween the Federal Government and NativeAmerican governments. The identificationand quantification of trust assets is recog-nized as an ongoing and evolving process.

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U.S. Department of the InteriorFish and Wildlife Service