Draft Alaska Native Relations Policy

Series: Intergovernmental Activities

Part 510: Working with Native American and Alaska Native Entities

Chapter 2: The Service’s Alaska Native Relations Policy

TABLE OF CONTENTS

1. INTRODUCTION AND PURPOSE

This Alaska Native Relations Policy (510 FW 2 or Chapter 2), supplements the U.S. Fish and Wildlife Service (Service) Native American[1] Policy (510 FW 1 or Chapter 1).  Chapter 1 is the foundational policy that guides the relationship between the Service and all federally recognized Tribes, including those in Alaska. Chapter 1 provides a framework for government-to-government relationships, which furthers the United States’ trust responsibility to the federally recognized Tribes.

Chapter 1 bases its engagement with federally recognized Tribes in Alaska (Tribes), Alaska Native Organizations (ANOs), and Alaska Native Corporations (ANCs), upon doctrines of reserved rights, statutes, case law, Executive Orders, and Secretarial Orders. Chapter 2 provides additional clarity and guidance for the Service’s application of these legal authorities in Alaska where the Service and leaders from Tribes, ANOs, and ANCs recognized the need for special consideration. 

The Service recognizes that Alaska Native peoples and their Tribes are spiritually, physically, culturally, and historically connected to the land, wildlife, and waters. Alaska Native peoples’ customary and traditional ways of life have sustained their health, life, safety, and cultures since time immemorial. As people of the land, wildlife and waters, this way of life sustains a Native identity experienced through activities, oral tradition, ceremonies, songs and dances, and an economy of sharing. Alaska Native peoples’ respect for and careful use of the ecosystem confirms Alaska Native peoples as stewards of their environment with unparalleled Indigenous traditional ecological knowledge acquired over millennia.  

The Service, as a Federal trustee, supports the customary and traditional way of life by Alaska Native peoples. The Service welcomes opportunities for collaboration, cooperation, co-management, and collaborative management with Tribes, ANOs, and ANCs where not prohibited by law.

Global-scale climate change climate change
Climate change includes both global warming driven by human-induced emissions of greenhouse gases and the resulting large-scale shifts in weather patterns. Though there have been previous periods of climatic change, since the mid-20th century humans have had an unprecedented impact on Earth's climate system and caused change on a global scale.

Learn more about climate change is reshaping the ecosystem of Alaska and threatening the traditional way of life for Alaska Native peoples. The Service recognizes the impacts and commits to respectful and meaningful engagement to achieve beneficial and sustainable adaptation.

The Service maintains a relationship with Tribes, ANOs, and ANCs guided in part by the congressional mandates found in numerous Acts and their corresponding statutes. These Acts include the Alaska Native Claims Settlement Act (ANCSA), Alaska National Interest Lands Conservation Act (ANILCA), the Consolidated Appropriations Act of 2004, as amended, Endangered Species Act (ESA), Marine Mammal Protection Act (MMPA), Migratory Bird Treaty Act (MBTA), and others. ANILCA and ANCSA are Acts unique to Alaska, making it necessary for the Service to consider policy specific to Alaska Native peoples, Tribes, ANOs, and ANCs.

The focus of Chapter 2 is specific to Alaska Native peoples, Tribes, ANOs, and ANCs.  Language in Chapter 2 provides guidance for relationships with Alaska Native people under specific mandates, and in no way diminishes the Service’s relationship to others who are afforded the same opportunity in these statutes.

Four major areas of unique consideration for Alaska that are linked to the numerous statutes listed above are:  1.) Subsistence, which represents the customary and traditional way of life for Alaska Native peoples and other rural residents of Alaska; 2.) The legal relationship betweenANCs and the Service; 3.) Land ownership; and 4.) The special relationship with ANOs under numerous statutes.  The following sub sections further define these unique considerations for our Alaska Native Relations policy.

Subsistence: ANILCA, ESA, MBTA, MMPA

Subsistence uses by rural residents of Alaska are protected through Title VIII of ANILCA, eligible residents in the MBTA; coastal dwelling Alaska Native people in the MMPA, and Alaska Native people taking species listed under the ESA, provided that such taking does not materially or negatively affect the threatened or endangered species. While ANILCA established a priority for subsistence uses for rural Alaska residents, and the MBTA established a subsistence spring/summer harvest season for eligible residents residing in the included areas, this policy focuses on the Service’s relationship with Alaska Native peoples. Congress enacted the MMPA in 1972. Section 101(b) of the MMPA recognizes the importance of Alaska Native peoples’ reliance on and connection to marine mammals by prohibiting take and use of marine mammals to all but Alaska Native people with certain qualifications and for certain purposes.  

The purpose of ANILCA Title VIII is to provide the opportunity for rural Alaska residents, including rural Alaska Native residents, to engage in a customary and traditional way of life that is essential to the identity and survival of Alaska Native people. Congress acknowledged the importance of subsistence uses on Federal public land in ANILCA.

The Federal Subsistence Board has delegated authority from the Secretaries of the Interior and Agriculture to implement Title VIII of ANILCA through management of the harvest of fish and wildlife resources for subsistence uses on Federal public lands in Alaska. The Service’s Alaska Regional Director is a voting member of the Federal Subsistence Board, which is comprised of regional directors of the U.S. Fish and Wildlife Service, Bureau of Land Management, National Park Service, Bureau of Indian Affairs (BIA), and the U.S. Forest Service, and three public members appointed by the Secretaries: two represent rural subsistence users and one is the Chair. In support of Federal Subsistence Board roles and responsibilities, the Service’s Regional Director encourages Service employees to work closely with Tribes, ANOs, and ANCs in the development of subsistence resource regulation proposals and management projects. As one of eight voting members on the Federal Subsistence Board, the Service’s Regional Director cannot make decisions autonomously with regard to the Federal subsistence priority under Title VIII of ANILCA. 

Alaska Native Corporations

ANCSA established 13 regional corporations and 195 village corporations. ANCs are the largest group of private landowners in the state with 45 million acres of land, of which over 9 million acres are within the boundaries of National Wildlife Refuges in Alaska (Alaska Refuges). The ANCs have the responsibility to manage the lands and resources for the benefit of Alaska Native shareholders. ANCs were established to meet the social, economic, and cultural needs of Alaska Native people. The ANC lands often share boundaries with Federal landowners, and this requires cooperation and regular communication on land use and management. Given the size and nature of ANC lands and the critical inter-dependence of fish and wildlife populations across shared habitats, there is a Service responsibility to communicate and work together on issues of mutual interest where outcomes may alter benefits to Alaska Native peoples and their Tribes, ANOs, and ANCs. 

ANCSA and ANILCA authorize land exchanges between ANCs and the Federal Government. Such exchanges between ANCs and Alaska Refuges may be of mutual benefit to the Service and ANCs in achieving conservation goals, while aligning with Alaska refuge purposes and ANC interests.

The Service recognizes that there is a difference between the government-to-government relationship with Tribes and its relationship to ANCs. The Consolidated Appropriations Act of 2004, as amended, requires Federal agencies to consult with ANCs on the same basis as Tribes.

Other Land Ownership

In addition to the 9 million acres of ANC land within the boundaries of Alaska Refuges, there are over 6500 Alaska Native Allotments that are located within these boundaries.

Tribes, with certain exceptions, have limited land ownership, although there may be opportunities for trust land in the future. In equal measure to the lower 48 Tribes, Alaska Tribes exercise their respective sovereignty and benefit from the protections of the Federal trustee and applicable international conventions, such as the United Nations Declaration on the Rights of Indigenous Peoples. They also benefit from the duties available to them established in Federal Indian policy and substantive law.

Alaska Native Organizations

As of 2021, there are 229 federally recognized Tribes in Alaska^[2]. ANOs are tribally controlled nonprofit organizations that act on behalf and for the benefit of their member Tribes. In addition to tribally controlled non-profit organizations, the Service has a co-management relationship with certain species-focused ANOs as stipulated in the MMPA and MBTA.

2.   SOVEREIGNTY AND GOVERNMENT-TO-GOVERNMENT RELATIONS

In addition to Chapter 1, section 2, the following applies to the Tribes in Alaska:

Federal Indian law and policy recognizes the inherent right of Tribes as sovereign Tribal governments, and ANOs employing the Tribal powers of their member Tribes, to self-determination through self-governance and the exercise of inherent sovereign powers over their members, communities, territories, and resources. 

Tribes have a government-to-government relationship with the United States because of their status as federally recognized Tribes. Tribes retain responsibilities, powers, limitations and obligations, and are recognized and eligible for funding and services from the Federal government by virtue of their status as federally recognized Tribes.  

The Service acknowledges that Tribes may establish ANOs or designate ANCs as official representatives of their interests and in government-to-government relations.

3. COMMUNICATIONS AND RELATIONSHIPS

In addition to Chapter 1, section 3, the following applies to the Tribes in Alaska, ANOs, and, ANCs, as follows:

Early, open and proactive communication with Tribes, ANOs, and ANCs sets a foundation for positive, trusting relationships. It is critical that the Service invest in these foundational activities that build fellowship.

Federal laws and regulations use various terms for referring to Indigenous peoples of Alaska, including “Alaska Natives” or “Natives.” The Service endeavors to use language free from terminology that excludes or denigrates groups of people and recognizes that acceptable terms change with time. Throughout this document the Service uses the term “Alaska Native peoples” when referencing Indigenous people of Alaska. Use of the word “peoples” in the term keeps with current trends to humanize groups in writings and other communications.

Humanization of terminology can lead to increased levels of respect and trust between groups. The Service encourages individuals, offices, divisions, and programs to strive to use the most current, inclusive, and accepted language in all communications.

Land acknowledgements are a way of recognizing Indigenous peoples who are the original stewards of the lands on which the Service works. To acknowledge traditional homelands is to recognize a long and difficult history and the significance of the Alaska Native peoples’ continued presence and relationship to the lands. Land acknowledgements increase trust with Tribes, ANOs, and ANCs and may lead to more meaningful partnerships. Learning, self-reflection, and collaboration with Alaska Native partners are important elements of developing Land acknowledgments. Land acknowledgements come in many forms. They may be spoken, written (both in documents and on permanent displays), or demonstrated through action. The Service encourages individuals, offices, divisions, and programs to work with Alaska Native partners to develop and use land acknowledgments, in all forms..

The Service recognizes and understands the need for effective communication of its plans and policies with Tribes, ANOs, and ANCs, and the challenges caused by intermittent mail and parcel deliveries to communities unserved and underserved by telecommunication, electricity, and internet infrastructure.

The Service will endeavor to strengthen communications by addressing language barriers (e.g. translating information into Indigenous languages), implementing consultation (e.g. following consultation policies), and documenting progress toward trusting relationships (e.g. sharing successes as models for others in the Service). 

The Service acknowledges the value of in-person community visits as beneficial to both the Service and Alaska Native communities.  The Service will visit the villages and communities, as resources allow, to build rapport and maintain meaningful consultation and communications, and to continue to enhance relationships. After such meetings or events, the Service commits to following up on questions, concerns, requests for information, and any resulting decisions with Tribes, ANOs, and ANCs. The Service recognizes that regular communication, fellowship, and engagement with Tribes, ANOs, and ANCs is vital to building trust with Alaska Native communities, so those relationships can grow.

Relationships

The Service’s relationship with Tribes, ANOs, and ANCs may be defined through memoranda of understanding, memoranda of agreement, or other formal statements of relationship. The Service will also share information informally. 

The Service affirms that its Federal relationship with Tribes and their ANOs is a government-to-government relationship subject to a Federal trust responsibility. The Service will fulfill its consultation requirements with ANCs while continuing to uphold the United States’ unique trust relationship with Tribes. Chapter 1 and the Department of the Interior (Department) Policy on Consultation with Indian Tribes and Alaska Native Corporations (512 DM 4) augments the Departmental Procedures for Consultation with Indian Tribes Policy (512 DM 5), and are designed to be complementary policies.

Information Sharing of Indigenous Traditional Ecological Knowledge

Alaska Native peoples have extensive knowledge of ecosystem processes that derive from long-term, local ways of knowing that can help to guide conservation planning and strategies.  The Service will share information and data with Tribes, ANOs, and ANCs. Information sharing includes, but is not limited to, respecting and valuing Indigenous traditional ecological knowledge received from Tribes through elders, hunters, and fisherman; research, and scientific data collection and communicating results to Tribes, ANOs, and ANCs through public outreach. The Service acknowledges that thoughtful collaboration and inclusion of Indigenous traditional ecological knowledge from project development through implementation will ensure conservation actions are sustainable, equitable, and just. The Service commits to considering Indigenous traditional ecological knowledge as part of Service decision making relating to Service lands, particularly concerning management of resources subject to subsistence uses.

The Service will prioritize communication with Tribes, ANOs, and ANCs, and identify appropriate and effective opportunities for consultation, before beginning major projects, including scientific research projects, that have the potential to impact Alaska Native peoples. In such cases, the Service will provide opportunities for an open exchange of information with Alaska Native peoples, Tribes, ANOs, and ANCs. When necessary, and as resources allow, the Service will make on-the-ground visits to Tribes, ANOs, and ANCs, to share critical information. Information sharing will continue throughout the duration of major projects.  

For applicable urgent Service management decisions (e.g., emergency special actions or in-season management actions related to public safety, fire, and conservation concerns) when formal consultation is not possible, the Service will make an effort, if feasible, to establish two‐way communication before implementing decisions. Followup discussions will address the reasons that immediate management actions were required and any additional actions required moving forward. 

When Tribes, ANOs, or ANCs, raise concerns over issues on which the Service does not have jurisdiction, to the extent practicable, the Service will suggest the appropriate State of Alaska or other Federal agency that can address the issue.

4. RESOURCE MANAGEMENT

In addition to Chapter 1, section 4, the following applies to the Tribes in Alaska, ANOs, and, ANCs:

As of 2021, the 16 Alaska Refuges comprise over 76 million acres, approximately 52% of the total refuge acres in the United States. Each of the Alaska Refuges is established with specific purposes. The Service recognizes that these lands are homelands of Alaska Native peoples who are lifelong neighbors and who make decisions in consideration of multiple generations.

A number of Federal laws, as referenced in the Authorities section of Chapters 1 and 2 (Exhibit 3), impose statutory mandates on the Service that establish legal duties and legal interests as an enforceable right. The Service will comply with applicable mandates in collaboration with Tribes, ANOs, and ANCs.

Collaboration and Co-Stewardship of Federal Lands and Trust Species

The Service recognizes that Tribes, ANOs, and ANCs seek to advocate for their interests that lie between the unrestricted consumptive use of environmental resources and environmental protections that significantly limit or prohibit use of their traditional and customary resources. Additionally, Tribes, ANOs, and ANCs are facing the ongoing and progressively significant impacts of climate change.

The Service commits to engage with Tribes, ANOs, and ANCs concerning Service policies and practices that impact the interests of Alaska Native peoples for the purpose of making collaboration and co-stewardship agreements available under applicable law and policy. The Service will continue to support employee education and understanding of how cultural differences between the Service and Alaska Native cultures impact meaningful participation in collaborative management. 

In accordance with Executive Order (E.O.) 13007 (Indian Sacred Sites) the Service will, to the extent practicable, permitted by law, and not clearly inconsistent with essential agency functions, (1) accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners and (2) avoid adversely affecting the physical integrity of such sacred sites. Where appropriate, the Service must maintain the confidentiality of sacred sites.

In accordance with E.O. 13175 (Consultation and Coordination with Indian Tribal Governments) the Service will engage in meaningful government-to-government consultation with Tribes, ANOs, and ANCs; provide regulatory and statutory waivers to increase flexibility with its policy approaches; and use consensual mechanisms for developing regulations, particularly concerning subsistence uses.

In the spirit of S.O. 3342, Identifying Opportunities for Cooperative and Collaborative Partnerships with Federally Recognized Indian Tribes in the Management of Federal Lands and Resources, the Service supports and encourages collaborative efforts with Tribes, ANOs, and, as appropriate, ANCs through many creative methods to protect, conserve, use, enhance, or restore natural and cultural resources. The Service will respond to petitions from Tribes, ANOs, and ANCs for Indian Self-Determination and Education Assistance Act of 1975 (ISDEAA), as amended, Title I contracts, and Title IV compacts and funding agreements. The Service will also be responsive to petitions from Tribes, ANOs, and ANCs for co-management agreements, ANILCA cooperative agreements, and collaborative management agreements. 

In accordance with Joint Secretarial Order (JSO) No. 3403, Joint Secretarial Order on Fulfilling the Trust Responsibility to Indian Tribes in the Stewardship of Federal Lands and Waters, Tribal consultation and collaboration must be implemented as a part of the Service’s responsibilities in managing Federal lands. The Service will ensure all decisions related to Federal stewardship of Federal lands, waters, and wildlife include consideration of how to safeguard the interests of any Tribes. The Service will consider agreements with Tribes to collaborate in the co-stewardship of Federal lands and waters, including wildlife and its habitat. The Service will collaborate with Tribes to ensure the opportunity for Tribal governments to play an integral role in decision making.  The Service will engage with affected Tribes in meaningful consultation at the earliest phases of planning and decision making to ensure Tribes have the opportunity to shape the direction of management of Federal lands, including through Tribal recommendations. The Service will develop institutional structures to implement agreements related to co-stewardship, which incorporate appropriate dispute resolution procedures. The Service will endeavor to engage in co-stewardship with Alaska peoples with subsistence or other rights or interests in Federal lands or waters, including by request of a Tribe.

The Service commits to coordinate and cooperate on co-stewardship efforts with other DOI agencies and the U.S. Forest Service, as appropriate. Finally, the Service will use co-stewardship agreements as a tool to foster cooperation on protection of subsistence and religious rights consistent with E.O. 13175.

Indigenous Traditional Ecological Knowledge

The Service will consider Tribal expertise and Indigenous traditional ecological knowledge as part of Federal decision making relating to Federal lands, particularly concerning management of resources subject to subsistence uses.  The Service commits to engage with Tribes, ANOs, and ANCs to document, consider, and apply Indigenous knowledge and stewardship practices, and to determine how they can serve as models for sustainability, integrated management, resilience, and restoration.

ANILCA

The Service is committed to carrying out the purposes that Congress established in ANILCA.  Congress prefaced Title VIII of ANILCA with a declaration that “the continuation of the opportunity for subsistence uses by rural residents of Alaska … is essential to Native physical, economic, traditional, and cultural existence ….”[3] Title VIII of ANILCA[4] established a priority for subsistence uses of fish and wildlife on federal public lands in Alaska, including Alaska Refuges. Congress further declared its finding of the national interest in the proper regulation, protection and conservation of fish and wildlife on the public lands in Alaska and the continuation of the opportunity for a “customary and traditional” subsistence way of life[5] by residents of rural Alaska.

The Service recognizes the importance of working with neighboring landowners within and adjacent to Alaska Refuges to conserve and protect wildlife and their habitats.  The Service will consider entering into cooperative management agreements under ANILCA Section 304 (f) and 809 with Tribes, ANOs, ANCs, and Alaska Native Allotment owners within, adjacent to, or near Alaska Refuges in order to manage such lands in a manner compatible with purposes of the Alaska Refuge and supportive of continued rural Alaska Native subsistence uses. 

ESA

Secretarial Order 3225[6], a supplement to Secretarial Order No. 3206, established a consultation framework relative to the subsistence exemption in Sec. 10(e) of the ESA.

The ESA specifically allows Alaska Native peoples to take listed species if that taking is for subsistence purposes and is not accomplished in a wasteful manner. The Service will endeavor to work collaboratively with Tribes, ANOs, and ANCs to craft agreements and regulations, as appropriate, that will conserve the species, fulfill the subsistence needs, and preclude the need for restrictions.

MBTA

The Service is committed to working closely with the Alaska Migratory Bird Co-Management Council (AMBCC) to ensure an effective and meaningful role for Alaska Native peoples in the conservation of migratory birds. These subsistence management actions may include, but are not limited to: emergency closures, addressing high mortality events, endangered species actions, or policy decisions that affect the subsistence harvest of migratory birds.

Service regulations support the sale, including consignment sale, of authentic Alaska Native handicrafts or clothing that incorporate nonedible migratory bird parts. Handicrafts must be made from migratory birds harvested for food during the subsistence season. There are 27 bird species from which parts may be used. This regulation supports the continuation of the Alaska Native value of non-wasteful harvest.

The Protocol amendment to the Migratory Bird Protection Treaty with Canada, Article II, Section 4 (b) (ii), articulates that there will be a meaningful conservation role provided for “Indigenous inhabitants of the State of Alaska,” where subsistence hunting of migratory birds is customary and traditional, by participating on relevant management bodies. 

MMPA

Coastal dwelling Alaska Native peoples who reside in Alaska may take marine mammals for subsistence or for creating and selling Alaska Native handicrafts and clothing if that take is not done in a wasteful manner and if species or stocks are not depleted. The Service is committed to working with the Tribes, ANOs, and ANCs to carry out the purposes of this provision.

The Service will continue working with its existing marine mammal Alaska Native co-management commissions for the conservation of marine mammals to sustain healthy species populations for continued subsistence use. The Service has and continues to enter into cooperative agreements with ANOs to conserve polar bears (Ursa maritimus), sea otters (Enhydra lutris), and Pacific walrus (Odobenus rosmarus) and provide co-management of subsistence use by Alaska Native people, thereby meaningfully working together to implement Title I, Section 119 of the MMPA.

Easements and Allotments

ANCSA Section 17(b) authorizes the Secretary of the Interior to reserve public easements on lands conveyed to ANCs to guarantee access to publicly owned lands and waters. These rights are reserved when the Bureau of Land Management conveys land to an ANC under ANCSA. 

The Service is available to consult with Tribes, ANOs, and ANCs on ANCSA 17(b) easement-related issues occurring within or adjacent to Alaska Refuge boundaries on a case-by-case basis where mutual interest exists. As new easements are created, or existing easements are modified, the Service will collaborate with landowners to ensure easements are appropriately sized for public access while minimizing impact on Alaska Native peoples’ ways of life and subsistence uses.

The Service will seek input from, and work with, allottees on fish, wildlife, and habitat conservation projects that may impact allotments. Allottees have the right to retain ownership of their allotment; they may also elect to transfer ownership. Prior to the Service acquiring an allotment, the Service will strive to understand and consider the interests of allottees and affiliated Tribes, ANOs, and ANCs. The Service, in coordination with the BIA service provider, processes the transfer of allotments. The BIA service provider coordinates with BIA, affiliated Tribes, ANOs, and ANCs on proposed sales, including sales to the Service.

Alaska Native Corporations

The Service will facilitate, consistent with applicable Federal law, regulation, and policy, meaningful consultation with ANCs on any regulation, rulemaking, policy, guidance, legislative proposal, grant funding formula change, or operational activity that may have a substantial direct effect on an ANC. 

ANILCA’s legislative history indicates that wherever possible conservation system unit boundaries were drawn to include whole ecosystems as an opportunity to manage these areas on a planned ecosystem-wide basis with all of their pristine ecological processes intact. ANCs own over 9 million acres of private lands within the boundaries of Alaska Refuges. ANILCA’s legislative history makes it clear that inclusion of these ANC and allotted lands within the boundaries of conservation system units is not intended to affect any rights that ANCs may have under ANCSA. In addition, ANILCA guarantees adequate and feasible access to privately-owned lands within or effectively surrounded by a conservation system unit, as described in ANILCA Section 1110(b), codified as 16 U.S.C. 3170(b), “Right of access to State or private owner or occupier,” and 43 C.F.R. 36.10, “Access to Inholdings.”

ANCSA’s legislative history also makes clear that Congress contemplated that land granted under ANCSA would be put primarily to three uses—village expansion, subsistence, and capital for economic development (H.R. Rep. 92-523 at 5, 1971 U.S.C.C.A.N. at 2195). The Service recognizes and understands this distinction in land ownership and purpose for use as it may potentially impact land management policies and relationships.

ANCSA 14(h)(1) allowed for the ANCs to identify and select historical village and cemetery siteson Service lands. When conveyed these lands become part of the Regional Corporations land base, yet protection of some of these sites is a Service responsibility up and until conveyance. There are also important historic and cultural sites on lands the Service manages that require consultation and collaboration with Tribes, ANOs, and ANCs for appropriate and respectful management and protection.

Recognizing and respecting ANCs’ ownership and access rights to ANCSA lands is consistent with the Service’s mission and with the ANCs’ charter to pursue the economic development of their lands and resources for the economic, social, and cultural benefit of ANC shareholders. 

Research Opportunities

In accordance with the above stated authorities, and other relevant statutes and regulations, as it relates to research, the Service respects Alaska Native communities, lands and societies. The Service recognizes the desire of Indigenous peoples to have the opportunity to benefit from the research as well as engage in meaningful participation of the research. The Service recognizes that co-production of knowledge shall be supported to the extent the community desires to participate. The Service strives to identify research priorities and implement research opportunities in collaboration with Tribes, ANOs and ANCs; and to respect and include Indigenous traditional ecological knowledge in its research.

Supporting Tribes, ANOs, ANCs at Other Government Management Bodies

The Service often serves in an advisory capacity on other State and Federal wildlife and fish management bodies, such as the North Pacific Fisheries Management Council and the State Boards of Game and Fish. Many of these bodies’ decisions affect the lives of Alaska Native peoples. The Service will strive to support and uplift the voices of Alaska Native peoples, and to include livelihood impacts and Indigenous traditional ecological knowledge when making testimony at such meetings.

5. CULTURE/RELIGION

In addition to Chapter 1, section 5, the following applies to the Tribes in Alaska, ANOs, and ANCs:

The Service supports protection of Alaska Native peoples’ traditional and spiritual way of life. This includes obligations derived from treaties, Executive Orders, Presidential memoranda, Secretarial Orders, statutes, regulations, and court precedent. The Service also upholds its obligations to Tribes, ANOs, and ANCs for sacred site protection where there is religious or historical significance as well as places of archeological interest. 

The Service acknowledges and embraces Congress’ passage of ANILCA for the priority of subsistence uses of fish and wildlife by Alaska Native peoples. ANILCA prioritizes the continuation of the opportunity for the subsistence way of life on Federal public lands while protecting the viability of fish and wildlife populations.

The Service also supports the development of regulations for the subsistence harvest of fish and wildlife that reflect the cultural and spiritual traditions of Alaska Native peoples. This support is demonstrated through the Service’s commitment to work closely with its AMBCC partners in revising proposals, when necessary, for review by the Service Regulations Committee.

6. LAW ENFORCEMENT

In addition to Chapter 1, section 6, the following applies to the Tribes in Alaska, ANOs, and ANCs:

The Service is responsible for promulgating and enforcing fish and wildlife conservation laws with authority derived from a number of Federal wildlife statutes, regulations and treaties. One of the Service’s goals in conservation work is voluntary compliance. The Service will make substantial efforts to inform affected communities and individuals of conservation laws and regulations.

The Service will maintain positive working relationships with Alaska Native peoples and communities to conserve, protect, and enhance fish, wildlife, plants and their habitats for the continuing benefit of future generations. The Service will foster these relationships through collaboration, outreach, education, community visits, consultations, and by such other means that respect the dignity of Alaska Native peoples and their cultures.

The Service will collaborate with Tribes in Alaska, ANOs, and ANCs, to the extent practicable, to assist in reviewing proposals and providing law enforcement technical assistance when developing regulatory language; and to develop and implement cross jurisdictional agreements.

7. TRIBAL CAPACITY BUILDING, ASSISTANCE, AND FUNDING

In addition to Chapter 1, section 7, the following applies to the Tribes in Alaska, ANOs, and ANCs:

The Service commits to utilizing applicable ISDEAA provisions, as described in Chapter 1, to support Tribes, ANOs, and ANCs.

Under Section 119 of the MMPA, the Service may enter into co-management agreements with Tribes and ANOs that address marine mammal population data, subsistence harvest monitoring, research, and development of co-management structures. 

The Service may enter into partner/cooperative agreements under 50 C.F.R. 92.11(b), including funding to regional migratory bird management bodies to gather management data and Indigenous traditional ecological knowledge for the benefit of the management bodies. The Service also commits to providing administrative and technical support under 50 C.F.R. 92.10(e) to the AMBCC, including the management of migratory bird subsistence harvest monitoring programs.

8. IMPLEMENTATION AND MONITORING

In addition to Chapter 1, section 8, the following applies to Tribes in Alaska, ANOs, and, ANCs:

To the extent permitted by law, the Service will work with Tribes, ANOs, and ANCs to collaboratively develop and carry out a regional implementation plan to guide the application of Chapter 2.

Employee Training and Education

The Service commits to continued implementation of Alaska Native Relations Trainings for all Service employees in Alaska. The trainings are designed to cultivate respect and understanding for the diverse Indigenous cultures in Alaska, and will cover Alaska Native history, generational trauma, Indigenous traditional ecological knowledge, cross cultural communication, the laws that impact Alaska Native peoples, and the unique relationship with Tribes, ANOs, and ANCs.

The training program includes the sharing of information from Alaska Native people with Indigenous traditional ecological knowledge and knowledge of Alaska Native organizational structures and interests. The training will help Service employees to make informed decisions about which Alaska Native organizations to engage in communication and consultation. Additionally, the Service commits to offering advanced-level training on topics such as Alaska Native partnerships, alternative governance models, and decision-making processes, as needed or requested. The training will help to build strong, mutually respectful relationships with Tribes, ANOs, and ANCs, and encourage a shift toward incorporating environmental governance models with greater shared power and cooperative decision-making frameworks.

The Service strives to provide annual training for law enforcement personnel that integrates Alaska Native relations current-events or case studies and topic-focused educational needs.

Workforce Diversification

Through collaboration with Tribes, ANOs, and ANCs, the Service will encourage qualified Alaska Native applicants to apply for field and management positions. Subject to ANILCA’s Section 1308, Local Hire Program, the Service collaborates with Tribes, ANOs, and ANCs to assist in recruiting Alaska Native people for all Service positions, especially for positions on Service-managed public lands that are within traditional Tribal territories or that adjoin land owned by Tribes and ANCs as well as Alaska Native Allotments. Through the enactment of ANILCA legislation, Congress recognized that local residents often have special knowledge or expertise that can benefit the agency in its management responsibilities for the lands and resources within a conservation system unit. ANILCA Section 1308 authority allows the Service to non-competitively hire local residents with special knowledge.

Under 50 C.F.R. 18.23(f), the Service will work with and through Tribes to identify local residents of coastal communities as representatives to tag sea otter and polar bear hides and skulls and Pacific walrus tusks, as required. The same personnel or contractors may also assist in harvest monitoring programs.

9. SCOPE AND LIMITATIONS

Chapter 1, section 9, applies to Tribes in Alaska, ANOs, and, ANCs.

Exhibit 1

DEFINITIONS

In addition to Chapter 1, exhibit 1, the following definitions help to clarify Chapter 2:

Alaska Migratory Bird Co-Management Council – a State-wide body established in 2000 to develop, implement, and promote a co-management program between Alaska Native, Federal, and the State governments for the subsistence use and conservation of migratory birds in Alaska.  The Council was formed to ensure the recognition of subsistence hunting and the conservation of migratory birds, promote the co-management of migratory birds, and develop regulatory recommendations for spring and summer subsistence seasons.

Alaska Native Allotment – a parcel or parcels of land, totaling up to 160 acres, conveyed by restricted deed to an Alaska Native under the terms and conditions of the Alaska Native Allotment Act of 1906 (and 1956 amendment); and the Alaska Native Veteran Allotment Act of 1998 (43 U.S.C. 357, 357a, 357b). Native allotments are restricted lands that cannot be sold, leased or otherwise encumbered without the approval of the Bureau of Indian Affairs.

Alaska Native Claims Settlement Act of 1971 (ANCSA) – Act through which Indigenous peoples released title to their aboriginal use and occupancy land claims and aboriginal hunting and fishing rights that may have existed in exchange for 44 million acres of land held in fee simple title and a monetary settlement of $962 million. Public Law 92-203, approved December 18, 1971. (43 U.S.C. 1601 et seq.)

ANCSA Section 17(B) Easements – easements reserved on lands conveyed to Native corporations to provide public access across privately owned Native lands to reach Federal public lands and waters. Reserved easements could be roads, trails or site easements. 43 U.S.C. 1616(b)

Conservation System Unit – means any unit in Alaska of the National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers Wild and Scenic Rivers
The Wild and Scenic Rivers Act of 1968 established the National Wild and Scenic Rivers System, and authorizes Congress to preserve certain rivers with outstanding natural, cultural and recreational values in a free-flowing condition for the enjoyment of present and future generations. The act is notable for safeguarding the special character of these rivers, while also recognizing the potential for their appropriate use and development. The act encourages river management that crosses political boundaries and promotes public participation in developing goals for river protection.

Learn more about Wild and Scenic Rivers Systems, National Trails System, National Wilderness Preservation System, or a National Forest Monument, including existing units, units established, designated, or expanded by or under the provisions of ANILCA, additions to such units, and any such unit established, designated, or expanded hereafter.

Federal Subsistence Board – the decision-making body that oversees the Federal Subsistence Management Program. It is made up of the regional directors of the U.S. Fish and Wildlife Service, National Park Service, Bureau of Land Management, Bureau of Indian Affairs, the U.S. Forest Service, and three public members appointed by the Secretaries of the Interior and Agriculture: two represent rural subsistence users and one is the Federal Subsistence Board chair. The Secretaries have delegated the authority to manage fish and wildlife for subsistence uses on Federal public lands and waters in Alaska to the Federal Subsistence Board. Federal Subsistence Regional Advisory Councils and State of Alaska representatives play active roles in Board deliberations. (Excerpt from the Federal Subsistence Regional Advisory Council Membership Application and Nomination Packet for 2016. U.S. Fish and Wildlife Service, Office of Subsistence Management.)

Indigenous inhabitants of Alaska – (for the purposes of the August 2, 1996 Protocol amendment to the 1916 Convention for the Protection of Migratory Birds)- Alaska Native people and permanent resident nonnatives with legitimate subsistence hunting needs living in designated subsistence hunting areas.

Regional Advisory Councils – Title VIII of ANILCA provides a foundational role for the ten Regional Advisory Councils in the development of regulations guiding the taking of fish and wildlife on Federal public lands in Alaska. Council members, a majority of whom are rural subsistence users, are appointed by the Secretary.

Service Regulations Committee – consists of members of the Service Directorate. It considers recommendations from the State and Federal Flyways Councils and the Migratory Bird Program and then forwards final recommendations for annual regulations to the Service Director.

Subsistence (for the purposes of MBTA) – the customary and traditional harvest or use of migratory birds and their eggs by eligible Indigenous inhabitants for their own nutritional and other essential needs. 50 C.F.R. 92.4.

Subsistence (for the purposes of MMPA) – the use by Alaska Native people of marine mammals taken by Alaska Native people for food, clothing, shelter, heating, transportation, and other uses necessary to maintain the life of the taker or for those who depend upon the taker to provide them with such subsistence. 50 C.F.R. 18.3.

Subsistence uses (for the purposes of ANILCA) – the customary and traditional uses by rural Alaska residents of wild renewable resources for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation; for the making and selling of handicraft articles out of nonedible by-products of fish and wildlife resources taken for personal or family consumption, for barter, or for sharing for personal or family consumption; and for customary trade, barter, or sharing for personal or family consumption.  16 U.S.C. 3113.

[1] For definitions of terminology used in Chapter 2 see exhibit 1 to both Chapter 1 and Chapter 2.  We have bolded terms that Chapter 1 or Chapter 2 defines the first time they appear in this chapter.  For a table of overall responsibilities, see Chapter 2, exhibit 2. For policy authorities, see Chapter 2, exhibit 3.

[2] Pub. L. 103-454, Title I, Nov. 2, 1994, 108 Stat. 4791 (codified at 25 U.S.C.  5131).

[3] 16 U.S.C. 3111(1).

[4] ANILCA, P.L. 96-487.

[5] ANILCA 803.

[6] Endangered Species Act and Subsistence Uses in Alaska (Supplement to Secretarial Order 3206).

Exhibit 2

OVERALL RESPONSIBILITIES

Table 1 below describes the responsibilities of Service officials for implementing Chapter 2 in addition to the responsibilities listed in Chapter 1 for Tribes, ANOs, and ANCs.

Table 1: Responsibilities for the Service’s Alaska Native Relations Policy, 510 FW 2

Exhibit 3

AUTHORITIES

In addition to Chapter 1, Exhibit 1, the following applies to Chapter 2:

Statutes:

Alaska Native Allotment Act of May 17, 1906, 43 U.S.C. §§ 270-1 to 270-3 (1970), as amended (43 U.S.C. §§ 357, 357a, 357b), repealed with a savings clause, 43 U.S.C. § 1617 (1976)  

Native Townsite Act of 1926 (44 Stat. 629), repealed as part of Federal Land Policy and Management Act of 1976, Pub. L. 94-579, formerly codified at 43 U.S.C. §§ 733-736

Alaska Native Veterans Allotment Act of October 21, 1998, Pub. L. 105-276, 112 Stat. 2516 (43 U.S.C. § 1629g)

Federally Recognized Indian Tribe List Act of 1994 – Public Law 103-454, 108 Stat. 4791, 25 U.S.C. § 479a.

Presidential Memoranda:

Presidential Memorandum: Tribal Consultations & Strengthening Nation-to-Nation Relationships; January 26, 2021

Secretary’s Orders (S.O.):

S.O.3342; Identifying Opportunities for Cooperative and Collaborative Partnerships with Federally Recognized Indian Tribes in the Management of Federal Lands and Resources; October 21, 2016.

Joint S.O. 3403; Joint Secretarial Order on Fulfilling the Trust Responsibility to Indian Tribes in the Stewardship of Federal Lands and Waters; November, 2021.

S.O. 3342; Identifying Opportunities for Cooperative and Collaborative Partnerships with Federally Recognized Indian Tribes in the Management of Federal Lands and Resources; November, 2021.

Federal Boards:

Federal Subsistence Board Government to Government Tribal Consultation Policy

Federal Subsistence Board Policy on Consultation with Alaska Native Claims Settlement Act (ANCSA) Corporations