- PURPOSE
The purpose of this document is to outline the policies of the
United States Department of Agriculture (USDA) in its interactions with
Indians, Alaska Natives, tribal governments, and Alaska Native Corporations
(ANC). USDA policies are based on and are coextensive with Federal treaties and
law. These policies pertain to Federally recognized Tribes and ANCs, as
appropriate, and provide guidance to USDA personnel for actions affecting
Indians and Alaska Natives. These policies do not involve USDA interactions
with State-recognized Tribes, Indians, or Alaska Natives who are not members of
Tribes with respect to matters provided for by statute or regulation.
- DEFINITIONS
- a. Indian tribe (or tribe). Any Indian tribe, band, nation, Pueblo, or
other organized group or community which is recognized as eligible for the
special programs and services provided by the United States to Indians because
of their status as Indians.
- b. Alaska Native Corporation. Any Alaska Native village or regional
corporation established pursuant to the Alaska Native Claims Settlement Act,
Pub. L. No. 93-638 (ANCSA).
- c. Indian. A member of an Indian tribe.
- d. Alaska Native. As defined by section 3(b) of ANCSA, a citizen of the
United States who is a person of one-fourth degree or more Alaska Indian
(including Tsimshian Indians not enrolled in the Metlakatla Indian Community)
Eskimo, or Aleut blood, or a combination thereof. The term includes any Native
as so defined either or both of whose adoptive parents are not Natives. It also
includes, in the absence of proof of a minimum of blood quantum, any citizen of
the United States who is regarded as an Alaska Native by the Native village or
Native group of which he claims to be a member or whose father or mother is
(or, if deceased, was) regarded as Native by any village or group.
- e. Tribal government. The governing body of an Indian tribe that has been
officially recognized as such by the Federal Government.
- BACKGROUND
The United States Government has a unique, legal, and
political relationship with Indians and their tribal governments as defined
through treaties, statutes, court decisions, and the United States
Constitution. The United States Government has obligations under treaties and
statutes to protect and maintain the lands, resources, and traditional use
areas of Indians. Tribal governments have powers similar to those of State
governments. In Alaska, the relationship with ANCs is defined by ANCSA, as
amended.
- POLICIES
- USDA is the lead agency of the Federal Government for providing effective
and efficient coordination of Federal agricultural and rural development
programs. USDA recognizes that Indians possess the right to govern themselves
and manage their resources. Therefore, USDA supports and seeks to further the
principles of self-governance as delineated in the Indian Self-Determination
and Education Assistance Act of 1975.
- Consistent with applicable law, USDA officials will consult with tribal
governments and ANCs regarding the influence of USDA activities on water, land,
forest, air, and other natural resources of tribal governments and ANCs.
- USDA recognizes that tribal governments and ANCs manage land for such
agricultural activities as farming, grazing, hunting, fishing, subsistence
agriculture, and gathering of plants, animals, and plant products. USDA further
recognizes that such resources may hold a unique meaning in the spiritual as
well as everyday lifeways of many Indians and Alaska Natives. Consistent with
applicable law, USDA officials will solicit input from tribal governments and
ANCs on USDA policies and issues affecting tribes and will seek to reconcile
Indian and Alaska Native needs with the principles of good resource management
and multiple use.
- USDA agencies will observe the American Indian Religious Freedom Act, Pub.
L. No. 95-341.
- USDA officials will work with the tribal governments, tribal high schools,
colleges and universities to encourage the development of agribusiness skills,
awareness, and, where needed, curricula. USDA will share information through
the exchange of technical staffs and skills.
- USDA officials will work with other Federal and State agencies with
responsibilities to tribal governments and ANCs and will encourage early
communication and cooperation among all such organizations.
- Consistent with applicable law or regulation, USDA managers will facilitate
tribal and ANC participation in USDA program planning and activities.
- RESPONSIBILITY
The Secretary of Agriculture is responsible for ensuring
that this policy is followed. The Secretary has delegated authority to certain
USDA agencies for carrying out these policies. The Office of Public Affairs,
Native American Programs Office, has primary responsibility for coordinating
USDA agencies’ programs serving Indians and Alaska Natives. The Office of
Advocacy and Enterprise has primary responsibility for coordinating USDA’s
equal employment, civil rights, and employment-related outreach to Indians and
Alaska Natives.
- INQUIRIES
Questions or comments pertaining to this regulation may be
directed to the Office of Public Affairs, Native American Programs Office, Room
112-A, Washington, D.C., 20250-1300. Telephone 202-720-3805.
Further information on USDA programs will be available in the “Guide to
USDA Programs for Native Americans.”
END
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