How will the rule affect American Indian and Alaska Native gathering rights?
Reserved rights under American Indian treaties must be honored in the management of the special forest products program. Indian tribes with reserved treaty gathering rights or other adjudicated rights may harvest special forest products in accordance with the terms of the treaty. Tribes will not have to apply for or obtain a permit; however, the Regional Forester may set harvest conditions to protect the product as a sustainable resource, or to otherwise protect the forest. The Regional Forester may only deny harvest for purposes of health and safety and, in some instances, in order to conserve the species or the resources used. Any decision restricting tribal off-reservation treaty rights needs to be well documented. Consultation with affected tribe(s) and local Office of General Counsel on how to exercise such regulatory authority is found in FSM 1563.1 and FSH 1509.13, chapter 10. How does the rule affect tribes or individual Indians? The Chief can waive applicable fees for the harv
Reserved rights under American Indian treaties must be honored in the management of the special forest products program. Indian tribes with reserved treaty gathering rights or other adjudicated rights may harvest special forest products in accordance with the terms of the treaty. Tribes will not have to apply for or obtain a permit; however, the Regional Forester may set harvest conditions to protect the product as a sustainable resource, or to otherwise protect the forest. The Regional Forester may only deny harvest for purposes of health and safety and, in some instances, in order to conserve the species or the resources used. Any decision restricting tribal off-reservation treaty rights needs to be well documented. Consultation with affected tribe(s) and local Office of General Counsel on how to exercise such regulatory authority is found in FSM 1563.1 and FSH 1509.13, chapter 10. How does the rule affect tribes or individual Indians? The Chief can waive applicable fees for the harv
