Treaty Rights and Trust Responsibilities. A unique and distinctive relationship exists between the United States and Native American Tribes, as defined by treaties, executive orders, statutes, court decisions, and the United States Constitution. This relationship differentiates Tribes from other entities that deal with, or are affected by, the Federal government. Native American Tribes including Alaskan and Hawaiian natives, are recognized under Federal law as sovereign nations with governmental rights over their lands and people. These governmental rights and authorities extend to natural resources that are reserved by or protected in treaties, executive orders, and Federal statutes. Such reserved rights may include off-reservation rights to hunt, fish, or gather trust resources. The United States has a Federal trust obligation to Native American Tribes to preserve and protect these rights and authorities. During CCAA development with non-Federal landowners, the Service must consider whether proposed plans might affect Tribal rights or trust resources. Whenever the Service has a reasonable basis for concluding that such effects might occur, they must notify the affected Tribes and consult with those Tribes in a meaningful, government-to-government manner. Consultation with the affected Tribe(s) must be completed in a timely manner, and, after careful consideration of the Tribe’s concerns (if any), the Service must clearly state the rationale for the recommended final decision and explain how the decision relates to the Federal government’s trust responsibilities. Therefore, it is important that the Service identify and evaluate any anticipated effects of a proposed CCAA upon Native American Tribal trust resources during the planning process. Further, a Tribe can voluntarily and cooperatively work with the Service to pursue a CCAA, but the CCAA must meet the CCAA standard and other criteria if assurances are to be given to the Tribe.
