DEPARTMENTAL
REGULATION |
Number: 1340-007 |
|
SUBJECT:: Policies
on American Indians and |
DATE: March
14, 2008 |
|
OPI: Office of the General Counsel |
||
The
purpose of this regulation is to (1) set forth the USDA’s policy on
government-to-government Tribal relations; and (2) provide policy and
implementation guidance for Executive Order 13175 titled “Consultation and
Coordination with Indian Tribal Governments.”
This regulation supersedes and replaces
Departmental Regulation 1340-006 of October 16, 1992.
This regulation pertains to Federally
Recognized Indian and Alaskan Native Tribes and provides guidance to USDA
personnel.
3. DEFINITIONS
a. Indian tribe (or tribe). Any Indian or
Alaska Native tribe, band, nation, pueblo, village, or community that the
Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to
the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a-1.
b. Alaska Native Corporation (ANC). Any
Alaska Native village or regional corporation established pursuant to the
Alaska Native Claims Settlement Act, Pub. L. No. 92-203 (ANCSA).
a. Indian. A member of an Indian tribe.
b.
c. Tribal government. The governing body of
an Indian tribe that has been officially recognized as such by the Federal
Government.
4. 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
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
5. POLICIES
a. USDA is the lead department of the
Federal Government for providing effective and efficient coordination of
Federal agriculture, agricultural research, food assistance, food safety,
natural resources and rural development programs. USDA recognizes that tribal
governments and Alaska Native Corporations manage land for such agricultural
activities as farming, grazing, hunting, fishing, subsistence agriculture and
gathering of plants, plant products and animals. USDA further recognizes that
such resources may hold a unique meaning in the spiritual as well as everyday
life of many Indians and Native Alaskans. Consequently, and in furtherance of
tribal self-governance, USDA incorporates the provisions of Executive Order
13175 herein and attaches this Executive Order hereto.
b. USDA will observe the American Indian
Religious Freedom Act, Pub. L. No. 95-341.
c. USDA will work with tribal governments,
tribal high schools, colleges and universities to encourage the development of
agribusiness skills and awareness, and where needed agribusiness curricula and
where needed, curricula. USDA will share information through the exchange of
technical staffs and skills.
6. RESPONSIBILITY
The
Secretary of Agriculture is responsible for insuring that this policy is
followed. The Secretary has delegated authority to certain USDA agencies for
carrying out these policies. The Office of Native American Programs, a
component of the USDA Office of External and Intergovernmental Affairs, has
primary responsibility for coordinating USDA agencies’ programs serving Indians
and Alaska Natives. The Office of Advocacy and
7. FUTURE
AUTHORITY
Future
authority given to USDA by Congress shall automatically be incorporated into
this regulation.
Inquiries,
questions or comments pertaining to this regulation may be directed to the U.S.
Department of Agriculture, Office of Native American Programs, Room 216-A,
Whitten Bldg.,
Further
information on USDA programs will be available in the guide, “American Indians
and Alaska Natives: A Guide to USDA Programs.”
Appendix
A
Executive Order 13175
(Please refer to the pdf version for this
document)