2002 SUMMARY REPORT Oregon Department of Forestry Tribal/State Agency Government-to-Government Relations

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1 2002 SUMMARY REPORT KEY CONTACT: Roy Woo, Deputy State Forester 2600 State Street, Salem Oregon fax INTRODUCTION During 2002, the (ODF) has continued to increase involvement and communication with the Tribes as it conducts its business of forestry. This increase is reflected in agency policy and agreements, training, education, and participation in opportunities that further employee government-to-government relations knowledge and skills, and in direct consultation, communication, and cooperation. This report will discuss this involvement, both on an agency-wide basis, and then program-byprogram. AGENCY-WIDE ACTIVITIES ODF participates in all of the regular meetings of the Natural Resource and Cultural Resource Cluster groups. The agency adopted a new directive (copy attached to this report) for tribal government-to-government relations. During this past year, the Protection from Fire, State Forests, Forestry Assistance, and Forest Practices programs developed and implemented a cultural resource Memorandum of Agreement (MOA) with the State Historical Preservation Office. The MOA specifically refers to development of relations with Tribal governments for protection of cultural resources of importance to tribes. Many of the elements of the MOA have formed the basis for the development of program policies within the Department and guided the agency s compliance with SB770. Final approval of the agreement by both agencies occurred in June 2002 (a copy of the MOA is also attached to this report). ODF has been working on a complete re-design of the agency s web page and as part of that re-design, Information Technology and Public Affairs Programs will be working with the agency s Government-to-Government Liaison to possibly incorporate some information that communicates the agency s government-government activities. The agency is also reviewing revision to ODF s internal web page (available to agency employees only) to include government-to-government information and related links that agency employees can access. Examples of information that could be included on the web page(s) will be links to the Commission on Indian Service s web site, the previously discussed MOA with SHPO and agency-directive on government-to-government relations, and other information that becomes available that will be helpful to employees.

2 This past year, ODF employees have participated in Government-to-Government Relations training in Salem (sponsored by the Department of Administrative Services) and the Cultural Resources Summit in The Dalles. Staff also attended the Fifth Annual Tribal/State Government-to-Government Summit, Tribal Information Day at the State Capitol, and a recent brown bag lunch discussion with Tribal leaders on over lunch that was sponsored by the Commission on Indian Services regarding Consultation and Communication with Tribal Leaders. In addition, the Intergovernmental Affairs Director for The Confederated Tribes of the Grand Ronde gave a presentation at one of the agency s Leadership Team meetings offering valuable information and participating in an active discussion with Leadership Team members. In the upcoming year, ODF will continue to aggressively seek opportunities for employee training in Government-to- Government Relations and support employees participating in such training activities. The following summary is organized by the Department s program responsibilities and district, and includes the major areas in which the agency works with tribal governments, efforts to address key issues, communication, and collaboration and cooperation with other agencies and the tribes. PROGRAM ACTIVITIES Protection from Fire Program Northeast Oregon District (NEO), Pendleton Unit The Umatilla Agency of the Bureau of Indian Affairs (BIA) has a fee-based fire protection agreement with the district. The agreement has been in place since Under the agreement, NEO - Pendleton Unit provides fire protection for approximately 50,000 acres of Indian Trust land that is within both the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) boundary and the NEO forest protection boundary. The agreement has recently been reviewed and rewritten so as to be in compliance with the Master Cooperative Fire Protection Agreement. The BIA and ODF also have mutual aid fire protection agreements in the Pendleton Unit. The agreement provides available firefighting resources to the protecting agency. For ODF, we provide engines and overhead to BIA for wildland fires outside of ODF s forest protection boundary. For BIA - Umatilla Agency, this agreement allows for them to provide firefighting resources on lands for which ODF - NEO is the protecting agency. In 2002, this agreement enabled ODF and BIA to work cooperatively on twelve fires. Four of these fires created a significant threat to numerous homes and properties, as well as to the wildland interface areas surrounding them. One fire in particular burned approximately 850 acres in a highly populated, non-forest interface area of the reservation. This fire required a fully coordinated effort between BIA, Tribal, ODF, the City of Pendleton, the USDA Forest Service, and other local Rural Fire Departments to control. As testimony to the effectiveness of the joint effort, no structures or significant property was lost. Additionally, three agricultural (wheat harvesting) fires required considerable joint effort to control and prevent even greater losses Summary Report Page 2 of 7

3 Both the BIA-Umatilla Agency and the ODF-Pendleton Unit have Mutual Aid Fire Protection Agreements with the CTUIR Tribal Fire Department. These agreements allow the ODF-Pendleton Unit, the BIA-Umatilla Agency, and the CTUIR-Tribal Fire Department to assist each other with available fire-fighting resources as needed. The principal responsibility of the Tribal Fire Department is structural protection while BIA and ODF are trained as wildland firefighters. The close cooperation and professional respect between all of these agencies continues to provide an effective fire protection system for all residents of the Umatilla Reservation. Cooperation also continues in the field of fire investigation this past season. All fires were investigated, and joint efforts were made to determine cause. The BIA and the ODF Pendleton Unit are coordinating and consulting on the implementation of the National Fire Plan. Properties within the Unit and the Reservation have been evaluated for wildfire survivability. Landowners have been offered opportunities for cost share funds to improve the fire survivability of their properties. Efforts will continue to get more people signed up and involved in the program. In summary, Pendleton Unit perceives the working relationship concerning fire protection with the CTUIR and the BIA -Umatilla Agency as successful and productive, and one that enhances all of the agencies' efficiencies and effectiveness. Each agency adds their strengths to the organization. This, in turn, provides the residents of the CTUIR with an effective and responsive fire protection system. Without this cooperation, the checker-boarded ownership within the reservation boundaries would create a confusing and unmanageable situation. Northeast Oregon District, Wallowa Unit In 1999 the Wallowa Unit developed a written Cooperative Fire Protection Agreement with the Nez Perce Tribe. This agreement is updated annually as new property is purchased and currently ODF provides fire protection on 14,117 acres of tribal lands in Northeastern Wallowa County. Since the Nez Perce Tribe does not pay taxes on this property they pay a higher fire patrol assessment rate than other private forest landowners to make up the General Fund match. ODF agrees to request Tribal-sponsored 20-man crews when needed to aid in the suppression efforts on the property. The Nez Perce will also provide a Tribal representative to work with the fire managers on large fires and in the instances that heavy equipment will be used on the property, due to the presence of cultural resources. Tribal employees working on the property during the summer months have also aided ODF in the early detection of fires on Tribal lands as well as adjacent private and public lands. Central Oregon District, Prineville The Central Oregon District continues with a high degree of cooperation and coordination with the Confederated Tribes of Warm Springs (CTWS). We have updated, on a yearly basis, our mutual aid agreement that outlines how each of our agencies will coordinate and assist with each other's fires. Again this past fire season, the CTWS have 2002 Summary Report Page 3 of 7

4 been very forthwith in supplying fire-fighting resources to fires on ODF protection. This past summer during the Central Oregon fire siege, the Warm Springs Fire Management Officer participated in The Central Oregon Multi-agency Coordinating Group and is a current, standing member of the Central Oregon Interagency Dispatch Center, (COIDC) steering committee and the Central Oregon Interagency Incident Management Team steering committee, and has Tribal members assigned to the team. The CTWS fire prevention technician has worked very closely with the local fire prevention cooperatives and has become an important addition to the work being accomplished in these cooperatives. The CTWS and ODF maintain close contact and support with watershed and fisheries issues in the Hood River and John Day basins. This is accomplished by their participation in local watershed councils and soil and water conservation districts. West Oregon District, Philomath The West Oregon District has fee-based fire protection agreements with both the Confederated Tribes of Grand Ronde and the Confederated Tribes of Siletz. Staff from the Tribes regularly attend and participate in meetings of the West Oregon Forest Protective Association. It is common to have joint fire suppression action from tribal and ODF organizations on fires of mutual concern. Slash disposal is also a frequent issue requiring communication and coordination. Larger planning efforts are shared and reviewed between the organizations. Starting this year, the Annual Operation Plans of the State Forests Program will be included in this share and review effort. West Lane District, Veneta and Coos District, Coos Bay The West Lane and Coos Districts, Coos Forest Protection Association, and Douglas Forest Protection Association held a meeting with the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw last winter. The meeting was introductory in nature where participants explained programs, governmental organization, potential issues and contacts for future communications were established. Klamath Lake District, Klamath Falls In consultation with the Klamath Tribes, and the USDA Forest Service (Winema & Fremont National Forests), the Klamath-Lake District integrated Tribal input and personnel into joint ODF/USDA Forest Service fire management actions during Tribal cultural resource advisors and surveyors were utilized extensively on the Skunk Fire, with advisory input and briefings being utilized on the Winter and Toolbox Fire Complexes. Forestry Assistance Program Northeast Oregon District, La Grande Cooperation is continuing in areas of salmonid restoration and enhancement activity. The service foresters have work on joint restoration projects weaving together tribal 2002 Summary Report Page 4 of 7

5 interest and dollars with other funding sources such as Oregon Watershed Enhancement Board, the Bonneville Power Administration (BPA) and Conservation Reserve Enhancement Program. Tribal fisheries biologists are viewed as a useful information source during these activities. In Wallowa County, coordination with the Nez Perce, county, and ODF occurs during the implementation of the Wallowa County/Nez Perce Tribe Salmon Habitat Recovery Plan. Representatives from the Tribe and ODF serve on the technical committee that reviews land use actions and activities in the county. The Wallowa Unit Forester is a member of the steering committee that provides input to the Nez Perce Tribal staff to aid in the implementation of a management plan for tribal lands in Wallowa County. The land was purchased with BPA wildlife mitigation funds (Snake River dams) and the objectives for these lands is to enhance and preserve wildlife habitat. State Forests Program Klamath-Lake District, Klamath Falls As part of the Eastern Region s Long Range Forest Management Plan (which includes the Klamath-Lake District), the University of Oregon s Anthropology Department completed a Cultural Resource Inventory Planning Document in May 2001 for all lands managed by the Klamath-Lake District. As a result of this report, the University of Oregon has completed two years of surveys on approximately 4,800 acres of land. The University of Oregon utilized Klamath Tribal members for the first year s survey; however, qualified tribal members were not available for the second year s survey. The report for these first surveys will be completed by December 31, 2002, and will be shared with the Klamath Tribe at that time. The district plans to survey approximately 2,400 acres again during this next year and the University of Oregon will check on the availability of members of the Klamath Tribe to again participate on the survey team. Annual Operation Plans are reviewed and input collected from the Klamath Tribal Wildlife Biologist and Tribal Forester on former reservation lands managed by the district. Forest Grove District, Forest Grove During this reporting period, work continued by a 12-person Focus Group that reviewed and provided recommendations on the District's draft Forest Implementation Plan. This 12-person ad hoc group included Pete Wakeland, Forester for the Confederated Tribes of the Grand Ronde. Along with representation from Tribes, a broad range of other local stakeholders participated on this group, including representatives of environmental interests, the timber industry, the public-at-large, and local business and small woodland owners. Pete made valuable contributions to this group's efforts and it was a pleasure having him (and Tribal representation) on this group Summary Report Page 5 of 7

6 A BIA crew (who was working on nearby Tribal lands) also assisted the District with efforts to control the 117 acre Dupee Valley Fire, which began on September 6th as a result of dry lightning. This assistance was very much appreciated. Tillamook District, Tillamook Cliff Adams from the Confederated Tribes of the Grand Ronde participated on a Task Force with the District. He was also appointed to the Northwest Oregon Area Advisory Committee to advise the Department on future issues as we implement the Forest Management Plan. This group meets quarterly with ODF District and Salem staff to advise ODF on issues that concern them and for ODF to communicate information and receive input on its plans. Forest Practices Program Northeast Oregon District, La Grande and Pendleton Units The tribal interests in Northeast Oregon are keenly interested in all facets of salmon recovery and water quality issues. This interest is evident in the TMDL/water quality planning processes that have occurred on the Grande Ronde and the Umatilla Rivers. The tribes have been key players, and in some cases, core partners in these processes as well as other watershed activities. The Forest Practices Act is administered on the private lands within the reservation boundary of the Confederated Tribes of the Umatilla Indian Reservation. Notifications and permits to operate power driven machinery are required on all private forest land operations. Private landowners within the reservation boundary are also required to obtain a conditional - use permit from the CTUIR for harvesting activity. On some operations, this conditional - use permit has been difficult to obtain. The number of notifications on private forestland within the reservation boundary remains proportionately less than on other private land within Umatilla County. Joint preoperation inspections (between CTUIR and ODF) have been conducted on some operations. The district is committed to continuing to work closely with the Tribe on conditional use permits. SUMMARY/CONCLUSIONS ODF is very pleased overall with the relationships that we have been able to build and develop with the Tribes over the past year and the involvement of the Tribes in our Program activities. We are committed to continuing and enhancing those relationships and activities in One particular increased area of emphasis over the next year that we foresee is increased communication and involvement with affected Tribes in Annual Operations Planning (State Forests Program). And, if the 2002 fire season has been any indication, maintaining and even increasing cooperation in fire suppression activities will continue to be critical for ODF and the Tribes Summary Report Page 6 of 7

7 It is still uncertain at this time how the additional General Fund (GF) budget reductions that ODF may need to achieve over the remainder of the biennium and the biennium will impact program activities and government-to-government relations within those activities. At this time, without the passage of the ballot measure on January 28, ODF will need to reduce $1.4 million in GF and approximately $5.0 million in Other Funds. The greatest impacts will be in the Protection From Fire and Forest Practices Programs, since they are the programs most heavily dependent on the GF and the subsequent statutorily-determined matching funds (Other Funds) that those GF dollars generate (or, in the case of reductions, that will have to be correspondingly reduced in addition to any GF reduction). As we learn more information, we are committed to discussing the difficult decisions that the agency may be making in the months to come with all of our partners and stakeholders, including the affected Tribes Summary Report Page 7 of 7