US government falls short on legal duties to tribal nations

A recent Government Accountability Office report reveals that federal agencies are unprepared to expand shared stewardship with tribal nations amid intensifying climate pressures. The findings highlight gaps in staff expertise and resources for fulfilling treaty obligations on land and water management. Tribes play a crucial role in effective resource stewardship using traditional knowledge.

Federal agencies manage millions of acres of land vital for climate adaptation, wildlife, and water supplies, yet a Government Accountability Office (GAO) report published in late January indicates they are not meeting legal responsibilities to tribal nations. Through treaties, tribes ceded vast territories to the federal government in exchange for commitments including services, protection, reservations, and hunting and fishing rights for some. These have developed into government-to-government relationships focused on natural resource management.

The report emphasizes tribes' effectiveness in stewarding natural and cultural resources, restoring habitats, and applying traditional approaches to land and water. In 2021, the Biden administration issued a joint order via the Departments of Agriculture and Interior to boost tribal control over public lands for better protection of resources. Since then, the Native American Rights Fund estimates at least 400 cooperative agreements between tribes and agencies.

These arrangements span consultation, co-stewardship, and co-management, where tribes share decision-making on lands and waters. The GAO recommends broadening authority for the Forest Service and National Oceanic and Atmospheric Administration to form such pacts. A notable example is the Leech Lake Band of Ojibwe's collaboration with Chippewa National Forest, integrating Traditional Ecological Knowledge with Western science to enhance snowshoe hare habitat—a culturally significant species—leading to population growth.

However, agencies face challenges. Tribes reported to the GAO that staff often lack knowledge of federal Indian law, treaty obligations, and government-to-government dynamics. Anna Maria Ortiz, the report's author and GAO natural resources team lead, noted, “Because the joint secretary order is still in effect... it’s important for federal agencies to understand how many staff may have the appropriate expertise.” Employees have shown interest in building these skills.

The report also addresses early 2025 staffing cuts from the Department of Government Efficiency, targeting spending reductions in Interior and Agriculture. The current fiscal year budget slashes funding, including 75 percent to the Bureau of Land Management’s wildlife habitat program. Ortiz warned, “If agencies lack the staff or resources... that’s going to get in the way of developing long-term partnerships.”

Traditional Ecological Knowledge influences wildfire and water management, with studies showing it boosts ecosystems, biodiversity, and climate mitigation. Yet, as Ortiz observed, “Sometimes agencies may not understand the benefits... it really slows down the development.” Monte Mills, director of the University of Washington’s Native American Law Center, stressed the need for incorporating tribal sovereignty: “To respect and engage in a meaningful trust relationship... respecting tribal interests and tribal sovereignty in the decisions that are made.” Challenges persist from executive orders, policy shifts, and actions like energy development without tribal consultation.

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