Defense Principles on "Native" Policy

[Lenny Siegel <lsiegel@cpeo.org>]

DRAFT PRINCIPLES FOR DEFENSE DEPARTMENT-NATIVE RELATIONS

A Steering Committee comprised of Tribal representatives and a
Department of Defense working group have come up with draft policy
principles governing Defense Department relations with American Indians
and Alaska Natives. The preamble to the March, 1998 version of the
five-page document reads:

"These principles will be the foundation for the Department of Defense's
(DoD) American Indian and Alaska Native Policy for interacting and
working with federally recognized American Indian and Alaska Native
governments (hereinafter referred to as "tribes"). These principles are
based on tribal input, federal policy, treaties, and federal laws. The
DoD policy supports tribal self-governance and government-to-government
relations between the federal government and tribes. Although these
principles are intended to provide general guidance to DoD Components on
issues affecting tribes, DoD personnel must consider the unique
qualities of individual tribes when applying these principles,
particularly at the installation level. These principles recognize the
importance of increasing understanding and addressing tribal concerns,
past, present, and future. These concerns should be addressed prior to
reaching decisions on matters that may affect tribal trust resources,
tribal rights, or Indian lands."

In the first principle, the Defense Department agrees to meet its
responsibilities, as defined through treaties, statutes, executive
orders, agreements, and other legal obligations, to the tribes, and to
review annually the status of its relations with tribes.

The second principle defines government-to-government relationships
between the Defense Department and the tribes, at both the local and
national levels. DoD agrees to establish "Indian Desks" within the
department, and it promises to provide "information necessary to enable
tribes to take advantage of opportunities under established authority
to: 1) participate in contracts, subcontracts, grants, and cooperative
agreements; 2) benefit from education and training; 3) obtain
employment; and 4) obtain surplus equipment and property."

In the third principle, DoD agrees to "Fully integrate (down to staff
officers at the installation level) the principle and practice of
meaningful consultation and communication with tribes ..." This
principle makes clear that working with tribes is not the same as
working with the general public.

The fourth and final principle promises that DoD will "recognize and
respect the significance tribes ascribe to certain natural resources and
properties of traditional religious and cultural importance ..." This
principle specifically mentions the fishing, hunting, and gathering
rights of the tribes, even - when practical - at sites located on active
military installations.

These principles show that the Defense Department has come a long way in
recognizing the rights of native peoples within 49 states. The document
does not apply to native Hawaiians or other Pacific Islanders. However,
as the preamble hints, the task ahead is extremely challenging, because
the government-to-government relations sanctioned by the U.S. government
dictates that each recognized tribe be dealt with, when it so chooses,
individually.

Lenny Siegel
Director, Center for Public Environmental Oversight (AKA SFSU
CAREER/PRO)
c/o PSC, 222B View St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/968-1126
lsiegel@cpeo.org