Sovereign-to-Sovereign Cooperative Agreements

As frameworks of governance, co-management and co-stewardship provide opportunities for the federal government and tribal nations to effectuate the federal trust responsibility, uphold treaty reserved rights, and promote tribal nations’ inherent right of self-governance. The following departmental directives provide federal land management agencies with direction and guidance on entering into co-management and/or co-stewardship agreements with tribal nations.  

• The White House Tribal Nations Summit Report (2023)
• Exec. Order No. 13175, Consultation and Coordination With Indian Tribal Governments, 65 Fed. Reg. 67249 (Nov. 9, 2000)
• Exec. Order No. 14112, Reforming Federal Funding and Support for Tribal Nations to Better Embrace Our Trust Responsibilities and Promote the Next Era of Tribal Self-Determination, 88 Fed. Reg. 86021 (Dec. 6, 2023)
• Memorandum on Government-to-Government Relations with Native American Tribal Governments, 59 Fed. Reg. 22951 (Apr. 29, 1994)
• Memorandum on Government-to-Government Relationship with Tribal Governments (Sept. 23, 2004)
• Memorandum on Tribal Consultation, 74 Fed. Reg. 57881 (Nov. 5, 2009)
• Off. of Mgmt. & Budget, Exec. Off. of the President, Memorandum 10-33, Guidance for Implementing E.O. 13175 (July 30, 2010)
• Mariel J. Murray, Cong. Rsch. Serv., R47563, Tribal Co-management of Federal Lands: Overview and Selected Issues for Congress (May 18, 2023).

U.S. DEPARTMENT OF AGRICULTURE (USDA)

• Joint Secretarial Order No. 3403, Joint Secretarial Order on Fulfilling the Trust Responsibility to Indian Tribes in the Stewardship of Federal Lands and Waters (Nov. 15, 2021)
• Office of the General Counsel, Joint Secretarial Order 3403 and Stewardship Authorities
• First Annual Report on Tribal Co-Stewardship: Implementation of Joint Secretarial Order 3403 on Fulfilling the Trust Responsibility to Indian Tribes in the Stewardship of Federal Lands and Waters (Nov. 30, 2022)
• Annual Report Tribal Co-Stewardship: Implementation of Joint Secretarial Order 3403 (Dec. 2023)
• Memorandum of Understanding Regarding Interagency Coordination and Collaboration for the Protection of Tribal Treaty Rights and Reserved Rights (Nov. 2021)
• Best Practices for Identifying and Protecting Tribal Treaty Rights, Reserved Rights, and Other Similar Rights in Federal Regulatory Actions and Federal Decision-Making (Nov. 30, 2022) 

DEPARTMENT OF THE INTERIOR (DOI)

• Joint Secretarial Order No. 3403, Joint Secretarial Order on Fulfilling the Trust Responsibility to Indian Tribes in the Stewardship of Federal Lands and Waters (Nov. 15, 2021)
• Office of the Solicitor, Final Report: Current Land, Water, and Wildlife Authorities That Can Support Tribal Stewardship and Co-Stewardship (Nov. 2022)
• First Annual Report on Tribal Co-Stewardship (Nov. 2022)
• Second Annual Report on Tribal Co-Stewardship (Dec. 2023)
• Secretarial Order No. 3342, Identifying Opportunities for Cooperative and Collaborative Partnerships with Federally Recognized Indian Tribes in the Management of Federal Lands and Resources (Oct. 21, 2016)
• Improving Tribal Consultation and Tribal Involvement in Federal Infrastructure Decision (Jan. 2017)
• Memorandum of Understanding Regarding Interagency Coordination and Collaboration for the Protection of Tribal Treaty Rights and Reserved Rights (Nov. 2021)
• Best Practices for Identifying and Protecting Tribal Treaty Rights, Reserved Rights, and Other Similar Rights in Federal Regulatory Actions and Federal Decision-Making (Nov. 30, 2022) 
• DOI/HHS Internal Agency Procedures Workgroup, Internal Agency Procedures Handbook for Non-Construction Contracting Under Title I of the Indian Self-Determination and Education Assistance Act (July 28, 1999)
• U.S. Dep’t of Interior, Office of the Solicitor, Inherently Federal Functions under the Tribal Self-Governance Act, Memorandum to Assistant Secretaries and Bureau Heads (May 17, 1996)
• Collaborative and Cooperative Stewardship with Tribes and the Native Hawaiian Community, 502 DM 1 (Nov. 30, 2022)
• Departmental Responsibilities for Consideration and Inclusion of Indigenous Knowledge in Departmental Actions and Scientific Research, 503 DM 7 (Dec. 5, 2023)

DEPARTMENT OF COMMERCE (DOC)

• Joint Secretarial Order No. 3403, Amendment No. 1 (Nov. 21, 2022)
• Memorandum of Understanding Regarding Interagency Coordination and Collaboration for the Protection of Tribal Treaty Rights and Reserved Rights (Nov. 2021)
• Best Practices for Identifying and Protecting Tribal Treaty Rights, Reserved Rights, and Other Similar Rights in Federal Regulatory Actions and Federal Decision-Making (Nov. 30, 2022) 

FOREST SERVICE (FS)

• Forest Service, Best Practices Guide to Execute a USDA Forest Service 638 Agreement Under the TFPA (Aug. 2020)
• Forest Service, 638 Webinars Questions & Answers (Aug. 2020)
• Forest Serv., FS-1211, Strengthening Tribal Consultations and Nation-to-Nation Relationships: A USDA Forest Service Action Plan (2022)
• FS Directive FSM 1563, Tribal Relations Forest Service Manual (U.S.D.A. 2016)
• FS Directive FSH 1509.13, American Indian and Alaska Native Relations Handbook (U.S.D.A. 2016)

BUREAU OF LAND MANAGEMENT (BLM) 

• Bureau of Land Management, Permanent Instruction Memorandum No. 2022-011, Co-Stewardship with Federally Recognized Indian and Alaska Native Tribes Pursuant to Secretary’s Order 3403 (Sept. 13, 2022)
• Bureau of Land Management, H-1601-1, Land Use Planning Handbook (2005)

FISH AND WILDLIFE SERVICE (FWS) 

• Fish and Wildlife Service, 510 FW 1, Native American Policy (Jan. 20, 2016) (“The [FWS] has additional authorities to enter into grants and cooperative agreements. The Service will consider the full range of operating protocols that are consistent with the Service’s obligations under the Department’s rules and regulations implementing the ISDEAA. The Service may also assist tribal governments to identify Federal and non-Federal funding sources that may be available for tribal fish and wildlife resource management activities.”)
• Director's Order No. 227, Fulfilling the Trust Responsibility to Tribes and the Native Hawaiian Community, and Other Obligations to Alaska Native Corporations and Alaska Native Organizations, in the Stewardship of Federal Lands and Waters (Sept. 8, 2022)

NATIONAL PARK SERVICE (NPS) 

• NPS Directive MP-2006, Management Policies (D.O.I. 2006)
• Director's Order #2: Park Planning (Nov. 1, 2021)
• Examining the History of Federal Lands and the Development of Tribal Co-Management: Hearing Before the H. Comm. On Nat. Res., 117th Cong. (Mar 2022) (statement of Charles F. Sams III, Director, Nat’l Park Serv.)
• Policy Memorandum No. 22-03, Fulfilling the National Park Service Trust Responsibility to Indian Tribes, Alaska Natives, and Native Hawaiians in the Stewardship of Federal Lands and Waters (Sept. 12, 2022)

BUREAU OF RECLAMATION (BOR)

• Policy NIA P 10, Indian Policy of the Bureau of Reclamation (Sept. 24, 2020)
• Directive NIA 10-01, Requirements for Execution and Administration of Indian Self-Determination and Education Assistance Act Contracts and Annual Funding Agreements (Aug. 1, 2022)

BUREAU OF INDIAN AFFAIRS (BIA)

• National Policy Memorandum, NPM-DBIA-2 A1, Supporting Tribal Nations in Stewardship of Federal Lands and Water – Amendment 1 (Nov. 16, 2023)

U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA)

• Memorandum, Guidelines for Direct Implementation Tribal Cooperative Agreements (DITCAs) (Nov. 24, 2004)
• Memorandum, Indian Country Direct Implementation Initiatives (Apr. 6, 2023)

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)

• Administrative Order 218-8A, The National Oceanic and Atmospheric Administration (NOAA) Policy on Government-to-Government Consultation with Federally Recognized Indian Tribal Governments (Mar. 10, 2023)
• NOAA Procedures for Government-to-Government Consultation with Federally Recognized Tribal Governments (or Handbook) (June 2023)
• NOAA Guidance and Best Practices for Engaging and Incorporating Indigenous Knowledge in Decision-Making (June 27, 2023)