333 SW 1st
P.O. Box 3623
Portland, Oregon 97208-3623
Phone: 503-326-6265 FAX: 503-326-6282
Memorandum
Date: June 6, 1996
To: Intergovernmental Advisory Committee Members (See Distribution List)
From: Donald R. Knowles, Executive Director
Subject: May 1996 Intergovernmental Advisory Committee Meeting Notes
Enclosed are the notes from the May Intergovernmental Advisory Committee (IAC) meeting, including:
The minutes of the April meeting were approved as amended and certified as correct. No one requested time on the agenda to address the committee in the public forum.
I wish to extend my thanks and appreciation for the warm welcome and hospitality of the Yakama Indian Nation during our visit. Everyone I have talked with has expressed their appreciation for the time, graciousness, and generosity of the forestry and wildlife staffs (Tribal and Bureau of Indian Affairs), Tribal members, and the Wapato Longhouse.
Our next IAC meeting is scheduled for Thursday, August 1, in Portland, Oregon. Location information will be conveyed to you as soon as we have a signed contract. Please note that we are suggesting that a policy subgroup meeting to review the Riparian Reserve module be held, if needed, on the morning of July 31, the day before the August IAC meeting (see page 10). If you have questions or suggestions, please contact me at 503-326-6266, Linda Kucera at 503-326-6283, or your agency representative.
Enclosure
cc:
REO
686/lak
Date: June 6, 1996
Subject: May IAC Meeting Notes
Intergovernmental Advisory Committee Distribution List
California
Terry Gorton, Assistant Secretary, Forestry and Rural Economic Dev., California Resource Agency
Francie Sullivan, Shasta County Supervisor
Oregon
Paula Burgess, Assistant to the Governor for Natural Resources, Office of the Governor
Rocky McVay, Curry County Commissioner
Washington
Amy F. Bell, Deputy Supervisor for Community Relations, WA Dept. of Natural Resources
Carol Jolly, Executive Policy Assistant, Governor's Office (Alternate)
Harvey Wolden, Skagit County Commissioner
Tribes
Greg Blomstrom, Planning Forester, CA Indian Forest & Fire Management Council
Mel Moon, Commissioner, NW Indian Fisheries Commission
Jim Anderson, Executive Director, NW Indian Fisheries Commission (Alternate)
Gary Morishima, Technical Advisor, Intertribal Timber Council
Guy McMinds, Executive Office Advisor, Quinault Indian Nation (Alternate)
Federal Agencies
Eugene Andreuccetti, Regional Conservationist, Natural Resources Conservation Service
Bob Graham, State Conservationist, Natural Resources Conservation Service (Alternate)
Michael Collopy, Director, Forest and Rangeland Ecosystem Science Center, National Biological Service
Ken Feigner, Director, Forest and Salmon Group, Environmental Protection Agency
Thomas J. Mills, Station Director, Forest Service, PNW
Thomas Murphy, Director, Environmental Research Laboratory, Environmental Protection Agency
Stan Speaks, Area Director, Portland Area Office, Bureau of Indian Affairs
Dave Renwald, Wildlife Biologist, Portland Area Office, Bureau of Indian Affairs (Alternate)
Ron Jaeger, Area Director, Sacramento Area Office, Bureau of Indian Affairs
Michael Spear, Regional Director, U.S. Fish & Wildlife Service
Curt Smitch, Assistant Regional Director, U.S. Fish & Wildlife Service
William Stelle, Jr., Regional Director, National Marine Fisheries Service
Hilda Diaz-Soltero, Southwest Regional Director, National Marine Fisheries Service (Alternate)
Elizabeth Holmes Gaar, Habitat Branch Chief, National Marine Fisheries Service (Alternate)
Tom Tuchmann, Director, USDA Office of Forestry and Economic Assistance (Ex Officio)
William Walters, Deputy Field Director, National Park Service
Robert W. Williams, Acting Regional Forester, USDA Forest Service, R-6
G. Lynn Sprague, Regional Forester, USDA Forest Service, R-5 (Alternate)
Elaine Zielinski, State Director, Oregon/Washington, Bureau of Land Management
Ed Hastey, State Director, California, Bureau of Land Management (Alternate)
Paul Roush, Wildlife Biologist, Bureau of Land Management, Arcata, CA
Updated 5/15/96
| Meeting Date: May 31, 1996 | REO Contact/Phone: G. S. Sims 503-231-6274 |
| Topic: Government-to-Government Relationships and Consultation | |
| Objective: To provide the IAC with an overview of what constitutes government-to-government relationships and consultation, especially from a Yakama Nation point of view. | |
Summary of Discussion/IAC Actions: The panel presentation described in these notes
followed a day-long field trip to the Yakama Tribal Forest, where most of the IAC members
were able to observe the forest conditions and learn about Tribal forest practices. That
evening, a dinner hosted by the Tribe provided an opportunity for the committee members to
learn more about the culture of the Tribe and the values the Tribe places in its natural
resources. The meeting presentations were in the form of a panel of four speakers, with a
question and answer period following the presentations. The panel (and each presentation
focus) consisted of:
Chairman Sockzehigh began his presentation with a reminder that the basis of the relationship between the Yakama Nation and the Federal Government is the "1855 Treaty with the Yakama." That treaty is part of a long history of government-to-government relationships and is recognized in the U.S. Constitution as the "supreme law of the land." The U.S. Supreme Court has long recognized the unique relationship between Tribal and Federal Governments-- the basis of the their trust relationship--which requires the Federal government to consult with Tribal governments when it is developing policy or management alternatives that may affect reserved treaty rights. Resources related to reserved treaty rights may be located on or off the Reservation. In many cases they will be in the much larger Ceded or Treaty Rights Area. Good-faith consultation requires personal contact and meetings with the Tribal leadership rather than relying solely on formal written communications. It was pointed out that meetings in and of themselves would not constitute government-to-government consultation. There should be some type of formal recognition by the Tribal government that consultation has occurred, often in the form of a Tribal resolution which expresses the government's position in regard to the items/matters consulted about. Chairman Sockzehigh stressed the importance of maintaining a balance between economic goals of the resources and providing for the cultural and spiritual needs of the Tribal members. Vice Chairman Washines stressed the importance of language when reviewing documents such as the Treaty of 1855. The Yakama people take the words of the Treaty seriously and, as is the case with the U.S. Constitution, look at its terms and conditions in light of 20th century requirements. For example, when the treaty states that the U.S. Government will build and staff schools, and build blacksmiths' shops, etc., it is an acknowledgment that the Federal Government will help provide for the education of the Tribal members and assist in the economic development of the Tribe. Vice Chairman Washines reminded the IAC that although the Bureau of Indian Affairs (BIA) is usually considered a "lead agency" in fulfilling the Federal Government's trust responsibilities to Tribes, all Federal agencies have a trust responsibility to the Tribes and an obligation to consult on a government-to-government basis as they develop policies and practices to implement their particular programs. Eric Hanson provided an overview of the development and application of the Yakama Tribe's northern spotted owl management program, which predates the listing of the owl. He pointed out that the Tribe has managed the forest over the last 50 years on a sustained (and sustainable) yield basis. When the first forest inventories were completed some fifty years ago, the standing timber volume was estimated at some six billion board feet (6 bbf). Since that time, approximately 5 bbf have been harvested. The standing inventory is currently over 9 bbf. Mr. Hanson showed slides that provided evidence that Tribal policy favors the retention of large, healthy old-growth trees. Current management practices include individual tree selection of high-risk old-growth trees and a focus on managing the surrounding second-growth forest (e.g., commercial thinning from below) in order to promote healthy forest conditions. Of interest is the fact that post-timber sale stand conditions include larger average tree diameters than before stand treatment. Mr. Hanson emphasized that when he or other professionals employed by the Tribe meet with Federal Government counterparts, he is not meeting in a governmental capacity and such meetings cannot be construed as formal government-to-government consultation. Such consultations must involve meetings between Federal decision makers and Tribal leadership. Gary Morishima provided an overview of the Indian forest management from a national perspective, including a description of the IFMAT Report, and re-emphasized the importance of the Federal Government, through its Departments and Agencies, in meeting its government-to-government consultation requirements. He pointed out, from his own experience, that although virtually all Departments and Agencies have formal Native American policy statements, often field personnel responsible for program implementation are unfamiliar with them. This can lead to confusion and/or uncertainty on the role of local agency personnel in relation to their responsibilities concerning government-to-government consultation requirements. Further, it leads to a misunderstanding that providing Notification of Action via a letter to the Tribal Chairman constitutes consultation. Mr. Morishima also referenced the IFMAT report conclusions (Executive Summaries were provided to all the IAC members, and the full report can be provided to any interested member) that include the recognition that some of the best examples of ecosystem management are incorporated in Indian forest management practices. Mr. Morishima referred to other handouts that were made available to the IAC members, including "References to Tribes, Treaties, and Trust Responsibility in NFP-Related Documents," a copy of the 1855 Treaty with the Yakama, "Washington State Treaty Rights" (prepared by the League of Women Voters, 1980) and Forest Service National Resource Book on American Indians and Alaska Native Relations - Appendix B-4 Definitions. The reference material was specifically referred to because of the importance of clarity in the use of specific terminology; e.g., government-to-government consultation, reserved treaty rights, ceded areas, etc. | |
| IAC Agreements: There was general agreement with the REO Staff proposal identified in the
Action Topic Overview (ATO):
1. The REO, working with IAC Tribal representatives, will continue to actively solicit comments and input regarding Tribal review of developed policy/procedures concerning NFP implementation. 2. The REO will continue to distribute documentation and materials to Tribal leaders and key staff in order to expedite the Tribal review process. 3. The REO will continue to remain available to brief individual Tribal governments/organizations in order to keep them informed. 4. The responsible agencies will consult with potentially affected Tribes as soon as possible so that implementation policies and/or processes that may affect Tribal rights or resources can be developed collaboratively and cooperatively. | |
| Follow-up Actions (who/what/when): The REO will work with the IAC Tribal representatives to identify appropriate follow-up that will continue the discussions on government-to-government consultation requirements. Additionally, the IAC Tribal representatives, working with the BIA, can help organize and arrange workshops or other meetings designed to help different Federal agency middle-management personnel understand the unique relationships between Tribal and Federal Governments and the responsibilities of the Federal Government in regard to government-to-government consultation and the protection of reserved Tribal rights. | |
| Meeting Date: May 30, 1996 | REO Contact/Phone: Dan McKenzie 503-326-6250 |
| Topic: Implementation Monitoring | |
| Objective: Obtain preliminary guidance on the development of a FY 1997 Implementation Monitoring Program to be presented at the September 1996 IAC meeting. | |
| Summary of Discussion/IAC Actions:
The IAC expressed general recognition and support for interagency review teams and the need for participation by other interested parties. In addition, the IAC asked the RMC to address the following as part of the September IAC presentation:
| |
| Follow-up Actions (who/what/when): REO/RMC will continue working with the Regional Implementation Monitoring Team to complete the FY 1996 pilot and to develop the FY 1997 Implementation Monitoring Program. | |
| Meeting Date: May 30, 1996 | REO Contact/Phone: Dan McKenzie 503-326-6250 |
| Topic: Effectiveness Monitoring | |
| Objective: Reaffirm direction and priorities and identify resource requirements to continue current efforts. | |
| Summary of Discussion/IAC Actions: A status report of progress of the effectiveness
monitoring team was presented. The status of each of the five emphasis areas was briefly
discussed. The conceptual model for effectiveness monitoring was outlined and focuses on an
approach based on habitat and species associations. The efforts of the Northern Spotted Owl
Team were addressed in greater detail as an example of the approach. The presentation by Joe
Lint (BLM) focused on the relationship of population demographics and habitat. For the
Northern Spotted Owl, good demographics information has been collected for the last 10
years. Vegetation information is needed to accurately characterize habitat. An overview of
funding, resource, and organizational requirements needed for implementation was discussed.
IAC concern was expressed with the cost of implementation for the Northern Spotted Owl emphasis area and the additional need to fund the other four emphasis areas in the future. Available personnel resources to accomplish these tasks is also of concern. Some agencies commented that the scope of monitoring efforts needs to be enlarged to facilitate integration with monitoring efforts on State and private lands. Comments were made to the effect that priorities and tradeoffs are not yet clear and that IAC members need this overview so they know where to allocate their personnel and funds. Several IAC members expressed concern that the slow pace of the Aquatic/Riparian portion of the effectiveness monitoring plan was not responsive to the high level of attention and urgency associated with aquatic and salmon conservation issues in the NFP area. A suggestion was also made that additional emphasis be placed on the social, economic, and Tribal resource monitoring issues. The three research agencies expressed the view that the approach presented by the team is the appropriate path to follow. Several terms and conditions for PNW leadership in this area were presented and discussed. These include affirmation of the priority for effectiveness monitoring; identification of a lead organization (and individual) for conducting effectiveness monitoring; and participation of staff and funding where feasible by groups other than research. | |
| IAC Agreements: While concern was expressed about the pace of development, particularly the aquatic/riparian issue, and about the lack of priority and progress on several key monitoring topics identified in the ROD, there appears to be continued IAC agreement on the current approach and priorities for the five emphasis areas previously identified. Moreover, there was general agreement to elevate the priority assigned to the development of effectiveness monitoring plans. | |
| Follow-up Actions (who/what/when): The Research Directors agreed to accept the responsibility to support the planning effort and will work with the REO/RMC to identify a list of key staff and the resources to develop the effectiveness monitoring plans. The agencies agreed to work with the Research Directors to identify and commit the resources to complete the Effectiveness Monitoring Plan. NMFS offered to take the lead for the Aquatic/Riparian portion and to explore how that could be accomplished. The REO/RMC will develop the broader picture to be presented for consideration at the September IAC meeting along with the effectiveness monitoring materials. | |
| Meeting Date: May 30, 1996 | REO Contact/Phone: Chris Hamilton 503-326-7133 |
| Topic: IRICC Vegetation Data Standards Implementation Team Recommendations | |
| Objective: Present status of efforts to date and request commitment to proceed with efforts to staff out implementation options. | |
| Summary of Discussion/IAC Actions: The presentation described the efforts of the
Vegetation Implementation team. Miles Hemstrom (USDA-FS) reviewed what vegetation
standards are to be implemented. He explained why existing and potential vegetation maps
produced from satellite imagery are important to agency missions. Implementation of the
NFP needs accurate vegetation information to satisfy the requirements of Watershed Analyses,
Late-successional Reserve Assessments, Survey and Manage sampling and Effectiveness
Monitoring. Currently, vegetation maps are assembled from a variety of sources. Field units
are spending large amounts of time to collect vegetation information to produce a product
which is difficult or impossible to aggregate and which has limited utility.
Three teams have been established to develop implementation strategies for 1) existing vegetation mapping, 2) potential vegetation mapping, and 3) assembly of plot location information. A fourth team to develop a unified cover type classification has not yet been formed. Rough cost estimates for each product were presented. Implementation is stalled right now due to the competition for scarce resources and lack of an overall strategy for collaboration. Future steps outlined in the presentation included the recommendation that a small team with a single lead be assigned to complete the implementation plan. The IAC discussion reflected consensus that good vegetation information is important. However, the IAC members are concerned with the potential cost of implementation. They are also not sure how to compare other agency priorities with this effort. Some IAC members requested that vegetation information products include private lands information to allow regional analysis of other issues. | |
Follow-up Actions (who/what/when):
| |
| Meeting Date: May 30, 1996 | REO Contact/Phone: Chris Hamilton 503-326-7133 |
| Topic: IRICC Fish/Hydro Data Standards Strike Team Recommendations | |
| Objective: Propose adoption of the Phase I Fish/Hydro data standards and endorse commencement of Phase II by IRICC. | |
| Summary of Discussion/IAC Actions: The presentation by Dale Guenther (USDA-FS)
reviewed the efforts of the Fish/Hydro Strike Team to identify a core set of standards. This
first phase focused on information which is commonly collected by Federal and State
agencies. An implementation strategy for Phase I was presented with associated cost
estimates. The presentation also described a new method to uniquely identify and name each
stream segment. A Phase II effort was proposed to expand on the Phase I efforts by addressing
additional information needed to meet consultation, monitoring, and other Aquatic
Conservation Strategy objectives.
Some members of the IAC wanted additional time to check with appropriate staff to verify that the proposed Phase I standards were in accordance with agency needs and policies. Another member asked whether issues relating to Phase I standards could be raised for discussion prior to the August IAC meeting. The Interorganizational Resource Information Coordinating Council (IRICC) was asked to consult with the Vegetation Strike Team, Fish/Hydro Strike Team, and Aquatic/Riparian Effectiveness Monitoring Group to begin work defining the scope of issues to be addressed in Phase II. | |
IAC Agreements:
| |
Follow-up Actions (who/what/when):
| |
Intergovernmental Advisory Committee (IAC)
STATUS REPORT
| Meeting Date: N/A | REO Contact/Phone: Michael Tehan 503-326-6276 |
| Topic: Riparian Reserve Module | |
Background:
| |
Status/Update:
| |
Potential Agenda Items for the August 1, 1996, IAC Meeting
Riparian Reserve Module--Summarize Review Comments & Policy Group Meeting Results
IRICC Fish/Hydro Strike Team Phase II Strategy
Fish Listings/Consultation Approaches
Budget Discussion--If Appropriate
Potential Status Reports for the August 1, 1996, IAC Meeting
Joint Planning Team Update
IAC/PIEC Advisory Committee Charter Renewal Update
IRICC Fish/Hydro Strike Team Phase I Update
Rescission Bill Update
Federal Timber Sale Update
Possible Agenda Items for the September 26, 1996, IAC Meeting
Implementation Monitoring--Draft Report for FY 1996 Activities
Effectiveness Monitoring
Proposed IAC Meeting Schedule for FY 1997
Possible Status Reports for the September 26, 1996, IAC Meeting
Proposed FY 1997 REO Budget
Review of RIEC Priorities and Work Group Product Integration
May 1996 IAC Meeting Handouts
May Prework Package:
Requested Amendment of the Minutes from the April 4, 1996, IAC Meeting
References to Tribes, Treaties, and Trust Responsibility in NFP-Related Documents
List of Federally Recognized Tribes-that fall within the range of the Northern Spotted Owl
Treaty with Yakima--1855
Report of the IRICC Fish/Hydro Strike Team
DOI Forest Plan Funding Table
Handouts:
IAC Agenda
DOI, U.S. Fish and Wildlife Service, Endangered and Threatened Wildlife and Plants, Final Rule
Litigation Update, as of April 29, 1996
Some Useful Definitions Concerning Federal Government, Indian & Alaska Native Relations, 1995
Washington State, Indian Treaty Rights, July 1980
Congressional Record-House, page H3883-H3943, An Act Making Appropriations for the DOI and
Related Agencies for Fiscal Year Ending September 1996
An Assessment of Indian Forests & Forest Management in the United States, November 1993
Overheads:
Dan McKenzie-Implementation Monitoring and Effectiveness Monitoring
Joe Lint-Effectiveness Monitoring, Spotted Owl Monitoring Plan Goals
Miles Hemstrom-IRICC Vegetation Data Standards
Dale Guenther-IRICC Fish/Hydro Data Standards
Status Report:
Riparian Reserve Delineation Module
Information at the Reception Desk:
Organizational Chart, NFP
IAC Identification List
RIEC Identification List
PIEC Identification List
REO Telephone Directory
REO Functional Statement Packet
April IAC Notes
May IAC Agenda & Prework
Correspondence of Interest-Available for requests
Publications available on request:
Record of Decision (ROD)
WA Guide-Section I
WA Guide-Section II (Modules)
Natural Resource Partnership Proposal-Cost-Effective Results through Public/Private Partnership-Draft
NFP 1995 Accomplishment Report-USDA Forest Service
NFP 1995 Accomplishment Report-USDI Bureau of Land Management
Interagency Vegetation Information-June 1, 1995
| * Intergovernmental Advisory Committee Meeting * May 30, 1996 * Attendance List * | ||
| Name | Title | Agency |
| Anderson, Jim | Executive Director | NW Indian Fisheries Commission |
| Blomstrom, Greg | Forester Planner | CA Indian Forest & Fire Mgmt. Council |
| Collopy, Mike | Director, Coop. Research & Tech | National Biological Service |
| Feigner, Ken | Director, Forest and Salmon Group | Environmental Protection Agency |
| Gaar, Elizabeth Holmes | Habitat Branch Chief | National Marine Fisheries Service |
| Mills, Thomas | Station Director | Forest Service, PNW |
| Morishima, Gary | Technical Advisor | Intertribal Timber Council |
| Murphy, Tom | Director, Environ. Research Lab | Environmental Protection Agency, Research |
| Speaks, Stan | Area Director | Bureau of Indian Affairs |
| Spear, Mike | Regional Director | U.S. Fish & Wildlife Service |
| Sullivan, Francie | County Supervisor | Shasta County, California |
| Tuchmann, Tom | Director | Office of Forestry & Economic Assistance |
| Walters, Bill | Deputy Field Director | National Park Service |
| Williams, Bob | Acting Regional Forester | Forest Service, R-6 |
| Zielinski, Elaine | State Director | Bureau of Land Management, OR/WA |
Regional Ecosystem Office
| Barr, Susan | Acting Administrative Officer | Forest Service |
| DePrey, Paul | Acting Receptionist | Contractor |
| Hamilton, Chris | GIS | Bureau of Land Management |
| Knowles, Don (DFO) | Executive Director | Regional Ecosystem Office |
| Kucera, Linda | Facilitator | U.S. Fish & Wildlife Service |
| Loop, Curt | Representative | U.S. Army, Corps of Engineers |
| McKenzie, Dan | Research & Monitoring-Leader | Environmental Protection Agency |
| McNair, Ranotta | Representative | Forest Service |
| Owston, Pete | Research & Monitoring | Forest Service, Pacific NW Research Station |
| Pietrzak, Debbie | Representative | Bureau of Land Management |
| VanWyhe, Pete | IRICC/GIS | Bureau of Land Management |
| Sims, Gary | Representative | Bureau of Indian Affairs |
| Tehan, Mike | Representative | National Marine Fisheries Service |
| Watson, Jay | Representative | U.S. Fish & Wildlife Service |
| Ystad, Laurie | Secretary | Forest Service |
| * Intergovernmental Advisory Committee Meeting * May 30, 1996 * Other--Attendance List * | ||
| Name | Title | Agency |
| Bauer, Mike | Attorney | Yakama Nation |
| Bradley, Bill | Forestry Chief | Bureau of Land Management |
| Carlson, Lee | Tribal Forest Service Liaison | Yakama Nation |
| Clauson, Steve | Regional Forester's Assistant | Forest Service, R-5 |
| Cooke, Vince | Quileute Tribe | |
| Davies, Bruce | NW Indian Fisheries Commission | |
| Dippon, Duane | IRICC Member | Bureau of Land Management |
| Everett, Richard | Science Team Leader | Forest Service, PNW, Wenatchee |
| Guenther, Dale | IRICC Member | Forest Service-Fish/Hydro Presentation |
| Hanes, Richard | Tribal Affairs Coordinator | Bureau of Land Management |
| Hansen, Eric | Presenter | Government-to-Government Presentation |
| Hemstrom, Miles | Ecologist | Forest Service |
| Ike, Sr., Fred | Tribal Council | Yakama Nation |
| King, Gina | Wildlife Biologist | Yakama Nation |
| Lewis, Edwin | Assistant Forest Manager | Yakama Nation - Bureau of Indian Affairs |
| Lint, Joe | Biologist | Bureau of Land Management |
| McConnell, Les | Tribe Coordinator | Forest Service |
| Meninich, Johnson | Cultural Resource | Yakama Nation |
| Meninich, Joanna | Cultural Resource | Yakama Nation |
| Motanic, Don | Intertribal Timber Council | |
| Perkins, Ralph | Tribal Liaison | Forest Service-ICBEMP |
| Pinkham, Joe | General Council Secretary | Yakama Nation |
| Pinkham, Shirley | Camp Chaparral | Yakama Nation |
| Robison, Dan | Yakima Environmental Protection Agency | |
| Roush, Paul | Wildlife Biologist | Bureau of Land Management-CA |
| Sanchey, Cecil | Tribal Council | Yakama Nation |
| Sedan, Dennis | Forest Service-ICBEMP | |
| Smitch, Curt | Assistant Regional Director | U.S. Fish & Wildlife Service |
| Sockzehigh, Ross | Chairman | Yakama Nation Tribal Council |
| Sprague, Lynn | Regional Forester | Forest Service, R-5 |
| Washines, Anthony | Vice Chairman | Yakama Nation General Council |
| Whipple, David | Habitat Conservation Plan Coor. | WA Dept. of Fish & Wildlife |