The cost to conduct needed work to restore a damaged, broken, or worn-out asset, asset component, or item of equipment to normal operating condition.
Tribal ConsultationA request by the Service for information or feedback from Native American governments regarding the management of fish and wildlife resources for which trust responsibilities and other fiduciary obligations are attached to the United States. Occurs when the Service initiates discussions with tribal officials regarding a pending federal action (
”Consultation is a process to create effective collaboration with Indian tribes and to inform Federal decision-makers. Consultation is built upon government-to-government exchange of information and promotes enhanced communication that emphasizes trust, respect and shared responsibility. Communications will be open and transparent without compromising the rights of Indian tribes or the government-to-government consultation process.” - S.O. 3317 – Department of the Interior Policy on Consultation with Indian Tribes.
Consultation could be legally mandated or could be a voluntary effort by the Service or a tribe to gain perspective on an issue or action affecting the tribe. In most cases, consultation occurs when the Service initiates an action, such as a proposed regulation, policy (new or amendment to an existing policy) or management activity, e.g. designation of critical habitat, rule makingrulemaking, or listing species (reference DOI Policy on Consultation with Indian Tribes definition 512 DM 4, “Departmental Actions with Tribal Implications.”). Consultation could be legally mandated or could be a voluntary effort by the Service to gain tribal perspective to an issue or action. However, in some cases, the action may be something that a tribe is interested in doing, and they wish to consult with us. This action becomes the subject of the consultation. Two types of consultation are recognized and should be reported. These are: 1) an “invitation to consult” and 2) a “consultation event.” Regardless of which party initiates the request for consultation, the request is considered an “invitation to consult” on the “subject.” The “consultation event” is defined as a two-way dialogue between the Service and a Tribe. The format of this dialogue may be a meeting, telephone call, or correspondence and occurs on a specific date. Subsequent consultations on different dates with the same Tribe and on the same subject of an invitation may be recorded as multiple, separate consultations. All consultations must comply with current Federal Native American policies, including Secretarial Order Nos. 3317, 3206, 3175 3317, and Executive Order 13175. Record all communications related to one issue or action as one consultation. Consultation is not technical assistance. In the most general terms, consultation is initiated by the Service and technical assistance is initiated by a partner or stakeholder.
A A Plan may be described as "Tribal" if the plan provides benefits to Tribal tribal resources or people or is implemented in cooperation and/or collaboration with a tribal agency.
Waters held by the United States in trust for a tribe or an individual Indian; or waters legally owned in fee simple by a tribe or an individual Indian that are subject to Federal restrictions against alienation or encumbrance. Also, waters for which a tribe or an individual Indian retained specific right-of-way or uses as defined by treaty or other binding Federal agreement (including Alaska Native Corporation lands).
Tribal Trust Responsibility
The fiduciary obligations that attach to the U.S. as trustee of the assets and resources that the U.S. holds in trust for Native American governments and their members, the treaty and statutory obligations of the U.S. toward Native American governments and their members, and other legal obligations that attach to the U.S. by virtue of the special relationship between the Federal Government and Native American governments. The identification and quantification of trust assets is recognized as an ongoing and evolving process (FWS Native American Policy 1994).
Federally recognized tribes as regarded by Federal law and formally identified by the Department of the Interior.federal Indian trust responsibility is a legal obligation under which the United States “has charged itself with moral obligations of the highest responsibility and trust” toward Indian tribes (Seminole Nation v. United States, 1942). This obligation was first discussed by Chief Justice John Marshall in Cherokee Nation v. Georgia (1831). Over the years, the trust doctrine has been at the center of numerous other Supreme Court cases, thus making it one of the most important principles of federal Indian law.
The federal Indian trust responsibility is also a legally enforceable fiduciary obligation on the part of the United States to protect tribal treaty rights, lands, assets, and resources, as well as a duty to carry out the mandates of federal law with respect to American Indian and Alaska Native tribes and villages. In several cases discussing the trust responsibility, the Supreme Court has used language suggesting that it entails legal duties, moral obligations, and the fulfillment of understandings and expectations that have arisen over the entire course of the relationship between the United States and the federally recognized tribes. Source: Bureau of Indian Affairs.
A federally recognized tribe is an American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation and is eligible for funding and services from the Bureau of Indian Affairs.
Furthermore, federally recognized tribes are recognized as possessing certain inherent rights of self-government (i.e., tribal sovereignty) and are entitled to receive certain federal benefits, services, and protections because of their special relationship with the United States. At present, there are 567 federally recognized American Indian and Alaska Native tribes and villages.
Land or an area of land lying above the level where water flows or where flooding occurs (FWS FY 2003 Annual Performance Plan).