TABLE OF CONTENTS
| Sections | Content of Sections |
| 1. INTRODUCTION AND PURPOSE |
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| 2. SOVEREIGNTY AND GOVERNMENT-TO-GOVERNMENT RELATIONS | N/A |
| 3. COMMUNICATIONS AND RELATIONSHIPS |
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| 4. RESOURCE MANAGEMENT |
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| 5. CULTURE/RELIGION | N/A |
| 6. LAW ENFORCEMENT | N/A |
| 7. TRIBAL CAPACITY BUILDING, ASSISTANCE, AND FUNDING | N/A |
| 8. IMPLEMENTATION AND MONITORING |
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| 9. SCOPE AND LIMITATIONS | |
| EXHIBITS |
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) upon doctrines of reserved rights, statutes, case law, Executive Orders, and Secretarial Orders. Chapter 2 provides more clarity and guidance for the Service’s application of these and other legal authorities in Alaska for Tribes, Alaska Native Organizations (ANOs), and Alaska Native Corporations (ANCs), where the Service and leaders from Tribes, ANOs, and ANCs recognized the need for additional 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 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-stewardship, co-management, and collaborative management with Tribes, ANOs, and ANCs where not prohibited by law.
Global-scale climate change is reshaping the ecosystem of Alaska and threatening the traditional way of life for Alaska Native peoples. The degree to which 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 impacting subsistence cannot be overstated. Alaska is experiencing warming to a higher degree than other States, and Alaska Native peoples are living with that change daily. Shoreline erosion, glacial retreat, permafrost melting, increased forest fires, and drying lakes all impact subsistence availability, location, and timing. The Service recognizes the impacts and commits to respectful and meaningful engagement to achieve beneficial and sustainable adaptation.
The Service maintains a government-to-government relationship with Tribes, and a working relationship with 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.
Where areas of mutual interest to the Service include non-federally recognized Tribes, the Service will consider partnering with them where appropriate.
The focus of Chapter 2 is specific to Alaska Native peoples, Tribes, ANOs, and ANCs. Language in Chapter 2 provides guidance for relationships with Tribes, ANOs, and ANCs under specific mandates, and in no way diminishes the Service’s relationship to others who are afforded the same opportunity in these statutes.
Five 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.) Tribes in Alaska; 3.) ANCs and their legal relationship with the Service; 4.) Land ownership; and 5.) The special relationship with ANOs under numerous statutes. The following subsections further define these unique considerations for our Alaska Native Relations policy.
Subsistence: ANILCA, ESA, MBTA, MMPA
Subsistence is a way of life that describes the rich relationship between Alaska Native peoples’ knowledge of the environment and the gathering, fishing, and hunting of plants, fish, and animals. Subsistence harvests continue to sustain the cultural, nutritional, economic, and spiritual well-being of Indigenous people in the State. Numerous legal mechanisms protect and prioritize subsistence rights. Subsistence uses by rural residents of Alaska are protected through Title VIII of ANILCA, eligible residents in the MBTA, any “Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the coast of the North Pacific Ocean or the Arctic Ocean” 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 all 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 but exempting Alaska Native peoples with certain qualifications and for certain purposes.
The purpose of ANILCA Title VIII is to provide the opportunity for 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 peoples. 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. The Board is comprised of a Chair and an additional five public members who possess personal knowledge of and direct experience with subsistence uses in rural Alaska and 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. 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, research, and management projects. As one of eleven voting members on the Federal Subsistence Board, the Service’s Regional Director works collaboratively with the other Federal Subsistence Board members to ensure that the Title VIII priority is implemented. The Service also works with the Office of the Assistant Secretary for Policy, Management and Budget’s Office of Subsistence Management to implement the Title VIII priority.
In addition to the Service’s role in the Federal Subsistence Management Program, all programs have a role in supporting and implementing the subsistence priority in ANILCA Title VIII. Such support can be shown through staff issuing hunting permits, educating about regulations, entering into Service agreements with Tribes, and engaging at other management body meetings.
Tribes in Alaska
Sovereignty and self-determination are inherent and fundamental rights of all federally recognized Tribes, including Alaska Native Tribes. In 1993, the Bureau of Indian Affairs published a list of Alaska Native entities determined to be political entities exercising governmental authority. In 1995, these Alaska Native entities were officially listed as federally recognized Indian Tribes pursuant to Section 104 of the Federally Recognized Indian Tribe List Act (Pub. L. 103–454; 108 Stat. 4791, 4792). The Alaska Native entities on the Bureau of Indian Affairs’ annual list of federally recognized Tribes are acknowledged to have “the immunities and privileges available to other federally acknowledged Indian Tribes by virtue of their status as Indian Tribes as well as the responsibilities and obligations of such Tribes.” 58 FR 54363. They have the same governmental status as other federally acknowledged Tribes by virtue of their status as Tribes with a government-to-government relationship with the United States; are entitled to the same protections, immunities, and privileges as other acknowledged Tribes; have the right, subject to general principles of Federal Indian law, to exercise the same inherent and delegated authorities available to other Tribes; and are subject to the same limitations imposed by law on other Tribes.
Alaska Native Corporations
ANCSA established 12 land-owning regional corporations and 195 land-owning 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). ANCs have the responsibility to manage the lands and resources for the benefit of shareholders, many of whom are Alaska Native peoples.
ANCs were established “in conformity with the real economic and social needs of” Alaska Native peoples. 43 U.S.C. 1601(b). The Service recognizes that ANC lands are accorded special status under many Federal laws, such as the protection of undeveloped ANC lands from taxation and involuntary alienation. The Service acknowledges that Congress enacted ANCSA, and has amended and improved the Act over time, to establish a unique legal framework intended to serve the long-term interests of Alaska Native peoples.
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 Refuges’ 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. These corporations are not governments, but they have been designated as "Tribes" for the purposes of some Federal laws, including the Indian Self-Determination and Education Assistance Act (ISDEAA). The Service acknowledges that Tribes may designate ANCs as official representatives of their interests and in government-to-government relations. In addition, the Consolidated Appropriations Act of 2004, as amended, requires Federal agencies to consult with ANCs on the same basis as Tribes.
ANCSA conveyed large tracts of land to ANCs. ANCs are inholders within some Alaska Refuges. The Service will consult with ANCs per the Department’s consultation policy on issues related to land management, rights-of-way, and access.
Native Allotments and Tribal Land Ownership
Title to land is a new concept in the realm of Indigenous relationship with the land and place. All lands in Alaska are Indigenous homelands. In addition to the 9 million acres of ANC land within the boundaries of Alaska Refuges, there are over 6,500 Alaska Native Allotments that are located within these boundaries.
Tribes, with certain exceptions, have limited land ownership, although there may be additional opportunities for trust land in the future. In equal measure to Tribes in the lower 48, 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
In addition to federally recognized Tribes in Alaska, there are a number of ANOs who represent Alaska Native interests. Some ANOs, authorized by Tribal resolution, are nonprofit organizations that act on behalf and for the benefit of their member Tribes. In addition to Tribally authorized nonprofit organizations, the Service has a co-management relationship with certain species-focused ANOs as stipulated in the MMPA and MBTA.
The Service acknowledges that Tribes may establish ANOs as official representatives of their interests and in government-to-government relations. The Service will be fair in its processes to both Tribes and Tribally authorized ANOs who specialize in the topic being discussed by reaching out to both for opportunities to consult.
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 recognize 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 in Alaska the exercise of inherent sovereign powers over their members, communities, and when applicable, their 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.
3. COMMUNICATIONS AND RELATIONSHIPS
In addition to Chapter 1, section 3, the following applies to the Tribes in Alaska, ANOs, and ANCs:
Early, open, transparent, and proactive communication with Tribes, individually or through 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 and continuing 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 genuine verbal and written land acknowledgment statements, and in doing so, promotes meaningful action and relationship-building.
The Service recognizes and understands the need for effective, early, and ongoing communication of its management and research 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. Thus, the Service is responsible for providing relevant information to Tribes, ANOs, and ANCs in a timely manner. Additionally, there will be circumstances where the Service relies on Tribes, ANOs, and ANCs to disseminate information to their constituents.
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 will review past episodes of negative interactions with Tribes, ANOs, and ANCs; acknowledge where harm was caused; and seek to offer apologies as appropriate.
The Service acknowledges the value of in-person community visits as beneficial to both the Service and Alaska Native communities. The Service will make an effort to visit the villages and communities regularly and as advised by Tribes, individually or through ANOs and ANCs, 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, individually or through ANOs and ANCs, is vital to building trust with Alaska Native communities so those relationships can continue to grow to benefit both Alaska Native communities and the Service.
Relationships
The Service’s relationship with Tribes, ANOs, and ANCs may be further 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 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 Policy on Consultation with Indian Tribes (512 DM 4) augmented by the Department’s Procedures for Consultation with Indian Tribes (512 DM 5),are designed to be complementary policies.
Information Sharing of Indigenous Knowledge
Alaska Native peoples have extensive knowledge of ecosystem processes and the interrelationships to other systems that derive from long-term, local ways of knowing that can help to guide conservation planning and strategies. The Service will share its information and data with Tribes, individually or through ANOs and ANCs, and will respectfully request the same information sharing from them. Information sharing includes, but is not limited to, respecting, valuing, and including Indigenous knowledge received from Tribes through elders, hunters, and fisher people; research; and scientific data collection and communicating results to Tribes, individually or through ANOs and ANCs, through public outreach. The Service acknowledges that thoughtful collaboration and inclusion of Indigenous knowledge from project development through implementation will ensure conservation actions are sustainable, equitable, and just. The Service will adhere to the Department’s policy at 301 DM 7, Departmental Responsibilities for Consideration and Inclusion of Indigenous Knowledge in Departmental Actions and Scientific Research, which includes guidance for consent, data management and safekeeping of sensitive information.
The Service will prioritize communication with Tribes, individually or through ANOs and ANCs, and identify appropriate and effective opportunities for consultation, before beginning 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 and Tribes, individually or through 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 projects and beyond.
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. Upon agreement with Tribes, ANCs, or ANOs, the Service will invite appropriate State of Alaska or other Federal agency representatives to discussions or consultations that have mutual interest.
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 lifelong homelands of Alaska Native peoples who make decisions in consideration of multiple generations.
A number of Federal laws, as referenced in the authorities sections 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, individually or through ANOs and ANCs.
Collaboration and Co-Stewardship of Federal Lands and Trust Species
The Service recognizes that Tribes, individually or through 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, individually or through 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, objects, or artifacts.
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, individually or through 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 Secretarial Order (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 encourage, provide technical expertise on, and respond to petitions from Tribes, individually or through 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 encourage, provide technical expertise on, and respond to petitions from Tribes, individually or through ANOs and ANCs, for co-management agreements, ANILCA cooperative agreements, and collaborative management agreements. Furthermore, the Service can, and is encouraged by Tribes, ANOs, and ANCs to initiate conversations regarding co-management.
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 seek 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 Tribes, individually or through ANOs and ANCs, with subsistence or other rights or interests on Federal lands or waters.
The Service commits to coordinate and collaborate on co-stewardship efforts with other Federal and State government agencies. 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 Knowledge
The Service will include Tribal expertise and Indigenous knowledge as part of Federal decision making relating to Federal lands, particularly concerning, but not limited to management of resources subject to subsistence uses. The Service commits to engage with Tribes, individually or through 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 all titles of and amendments to ANILCA, including, but not limited to, measures of subsistence protections, access to public lands, and working with others. 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 ….”[2] Title VIII of ANILCA[3] 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 recognized the importance of the continuation of the opportunity for a “customary and traditional” subsistence way of life[4] by residents of rural Alaska.
The Service recognizes and appreciates 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 Refuges and supportive of continued rural Alaska Native subsistence uses.
ESA
The Service will coordinate with affected Tribes and ANOs to fulfill S.O. 3206: American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act. The Service will also coordinate with affected Tribes and ANOs to fulfill the ESA and S.O. 3225: Endangered Species Act and Subsistence Uses in Alaska, a supplement to S.O. 3206, establishing 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, barring limitations imposed by other statutes and regulations, if that taking is for subsistence purposes and is not accomplished in a wasteful manner. The Service will endeavor to work collaboratively with Tribes, individually or through 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. In addition, the Service will work with Tribes, ANOs (especially ANOs whose purpose is specific to the species under consideration), and ANCs to participate in the listing process.
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, and 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 currently 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 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. The Service is committed to working with the Tribes, individually or through 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 and will coordinate efforts with the National Marine Fisheries Service to conserve marine mammals and provide for the co-management of subsistence use by Alaska Native peoples. The Service seeks opportunities and solutions for working with Tribes and ANOs in the management of marine mammals that build upon the success in other models of similar work. 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 peoples, thereby meaningfully working together to implement Title I, Sections 112 and 119, and Title V of the MMPA. The Service will do its part to usher timely processes in relationships between Tribes and ANOs and the Service (e.g., the United States-Russia Polar Bear agreement).
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, individually or through 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 Tribes and 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. In accordance with ANILCA Title XI, the Service will work with allottees to ensure adequate and feasible access to allotments. Allottees have the right to retain ownership of their allotment; they may also elect to transfer ownership. Prior to 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 and affiliated Tribes, individually or through 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 Departmental action, including 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 CFR 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 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 to and until conveyance. There are also important historic and cultural sites on lands the Service manages that require consultation and collaboration with Tribes, individually or through ANOs and ANCs, for appropriate and respectful management and protection.
Recognizing and respecting ANC ownership and access rights to ANCSA lands is consistent with the Service’s mission and with ANC charters 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, societies, and cultures. The Service recognizes the desire of Alaska Native peoples to have the opportunity to benefit from the research as well as engage in meaningful participation in the research and will include Indigenous peoples from initial stages to research completion. Research should uphold the principles of consent, reciprocity, shared opportunity, and respect for intellectual property rights associated with an Indigenous group’s cultures and traditions. The Service recognizes that co-production of knowledge must be supported to the extent the community wants to participate, and that co-production should be linked with all co-management and co-stewardship activities. The Service strives to identify research priorities and implement research opportunities in collaboration with Tribes, individually or through ANOs and ANCs, and to respect and include Indigenous knowledge and Native language in its research.
Supporting Tribes, ANOs, and 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 knowledge when testifying at such meetings. The Service will strive to increase lateral relations with other agencies and management bodies.
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, individually or through 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 the passage by Congress of ANILCA for the priority of subsistence uses of fish and wildlife by rural residents. 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 informed by Indigenous knowledge 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.
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 acknowledges that for countless generations Indigenous peoples throughout Alaska have been and continue to manage harvests and uses of birds, terrestrial animals, fish, marine mammals, and plants through customary and traditional law. 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, individually or through 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 using 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 CFR 92.11(b), including funding to regional migratory bird management bodies to gather management data and Indigenous knowledge for the benefit of the management bodies. The Service also commits to providing administrative and technical support under 50 CFR 92.10(e) to the AMBCC, including, but not limited to, the management of migratory bird subsistence harvest monitoring programs.
The Service will follow the language set forth in Section 1307 of ANILCA by giving preference to the most directly affected ANCs and local residents to provide any type of visitor service, except sport hunting and fishing guiding activities, on Alaska Refuges.
When appropriate, the Service will raise awareness for the funding capacity needs of its co-management partners.
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, individually or through 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 working on Alaska matters. The trainings are designed to cultivate respect and understanding for the diverse Indigenous cultures in Alaska and will cover consultation requirements of the Department, Alaska Native history, generational trauma, Indigenous 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 peoples with Indigenous knowledge and knowledge of Alaska Native organizational structures and interests. 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 and historic 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, individually or through 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 such special knowledge. The Service’s application of this authority reinforces the value of the cultural competencies these local residents provide to the Service workforce.
Under 50 CFR 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.
Chapter 1, section 9, applies to this policy as it affects Tribes in Alaska, ANOs, and ANCs.
FOOTNOTES:
[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, (e.g., Alaska Native Corporation, Alaska Native Organization) or Chapter 2 (e.g., Alaska Native Claims Settlement Act, Co-stewardship) 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.