09-38 Request Obama administration to initiate tribal consultation in all matters related to managing land and marine resources

Published on November 10th, 2009

By ALEX DEMARBAN

Summary

Obama should evaluate and implement executive order 13175 to require all federal departments and agencies to develop a consultation process that is meaningful and significant, requiring the agencies to enter into cooperative and co-management agreements with tribes and ANCSA village and regional corporations on all maters and issues important to our daily lives as indigenous people of Alaska with an emphasis on land and water resources.

---

Full Text

RESOLUTION 09-38

REQUESTING THE OBAMA ADMINISTRATION TO DIRECT HIS CABINET AND THEIR RESPECTIVE DEPARTMENTS TO INITIATE TRffiAL CONSULTATION (EXECUTIVE ORDER 13175) IN ALL MATTERS RELATED TO THE MANAGEMENT OF ALL LAND AND MARINE WATERS

WHEREAS: During the Clinton Administration era, President Clinton initiated Executive Order # 13175 which directed federal departments to consult with tribes in matters that impact their daily lives and this consultation requirement was extended to the Alaska Native Corporations through Congressional Acts (PL 108-199, Div H, Section 161; and PL 108-447, Div H Title, Sec 518); and

WHEREAS: Our customary, traditional, and inherent Alaska Native subsistence way of life is vital to our physical, cultural, economic and spiritual well-being and provides for our basic sustenance, clothing, and shelter; and

WHEREAS: In many instances, especially during the Bush Administration, federal departments made important decision in land and resource matters without any meaningful consultation of our tribes; and

WHEREAS: The Federal Subsistence Board, consisting of various federal area directors and regional foresters, and a Chair appointed by the Secretary of the Interior under the Bush administration (who is an Alaska Native and was appointed without tribal consultation has consistently made decisions contrary to our lifestyles; and

WHEREAS: Regional Advisory Councils on many issues that impact our subsistence way of life, thus seriously and unnecessarily restricting and undermining our subsistence way of life and acting contrary to the intent of ANILCA that the RACs be afforded great deference in subsistence management decisions; and

WHEREAS: The federal, along with the state, representative to the Alaska Migratory Bird Comanagement Council (AMBCC) have imposed and required the implementation and enforcement of general federal migratory bird hunting regulations in the AMBCC regulatory pamphlets despite the opposition of its Alaska Native organization representatives and without consultation of the AMBCC; and

WHEREAS: the North Pacific Fisheries Management Council, in their area of responsibility as stewards of our marine resources, acted without significant and meaningful tribal consultation and failed to take into consideration the needs of tribes and their heavy dependence on Chinook salmon, and adopted by-catch standards allowing the complete waste of Chinook salmon at levels far above what is needed to protect the Chinook stocks and provided for tribal subsistence needs, and the excessive bycatch contributed to the most restrictive subsistence harvest opportunities on the Yukon River by Alaska Tribes in memory; and

NOW THEREFORE BE IT RESOLVED THAT the delegates to the Alaska Federation of Natives respectfully request President Obama to evaluate, improve and implement Executive Order 13175 to require all federal departments and agencies to implement a consultation process that is meaningful and significant, requiring the agencies to enter into cooperative and co-management agreements with affected tribes, Alaska Native Claims Settlement Act village and regional corporations on all matters and issues important to our daily lives as indigenous peoples of Alaska with an emphasis on land and water resource issues.

SUBMITTED BY: ASSOCIATION OF VILLAGE COUNCIL PRESIDENTS

COMMITTEE ACTION: DO PASS

CONVENTION ACTION: AMENDED AND PASSED