Last week, Department of the Interior (DOI) Secretary Sally Jewell issued a secretarial order to encourage cooperation with federally recognized tribes in the management of federal lands. Chairman Rob Bishop (R-UT) issued the following statement:

“This announcement gives the appearance that DOI is committed to tribal self-determination, when in fact it’s more obfuscation that fails to fulfill our federal trust obligation. If the Obama administration was sincere about improving tribal self-governance, they would start by reversing policies they’ve imposed on tribes without the authority to do so and without meaningful consultation.”

DOI’s venting and flaring rule:

• Mandan, Hidatsa & Arikara Nation: “Consultation to date has not been meaningful. Instead of applying the proposed rule to Indian Country…Interior should be working to promote tribal authority and tribal control over activities on our lands."

• The Ute Tribe: “This kind of paternalism is not the modern role of the federal trustee and not the kind of trustee that President Obama has directed for his Administration…Imposition of overreaching federal regulations in an area already effectively regulated by the Tribe is an encroachment on the Tribe’s sovereignty and would jeopardize the Tribe’s ability to self-govern."

• The Southern Ute Tribe: “BLM’s proposed rule is not truly aligned with federal and state rules, which could cause compliance challenges and confusion within the regulated and regulating communities...the proposed rule further incentivizes mineral development on non-tribal lands.”  

DOI’s hydraulic fracturing rule:

• Navajo Nation: “The breadth and depth of BLM outreach and consultation with Indian Country has been insufficient given the potential impact the rule could have on tribal energy resources and economic development.”
  

• National Congress of American Indians (NCAI):  “Many tribal leaders became aware of these meetings after they took place, but we understand that BLM is describing these meetings as a starting point for tribal consultation.”

• The Ute Tribe: “An informational meeting describing to tribes what the BLM plans to do is not tribal consultation.”