Federal Land and Water Management: Additional Actions Would Strengthen Agreements with Tribes
Fast Facts
Federal agencies manage national forests, parks, and bodies of water that are Tribes' ancestral territories. These places have special significance for Tribes. Agencies have agreements and work with Tribes to share decision-making when managing these lands and their resources.
But more can be done to better facilitate collaboration. For example, agencies have different authorities for entering into agreements with Tribes. As a result, there are fewer opportunities for tribal input. We recommended Congress consider addressing this, and more.
We also made recommendations to multiple agencies.
The Healing Totem Pole in Alaska, Memorializing the Working Relationship Between Glacier Bay National Park and Hoonah Indian Association
A tall pole-like structure with intricate cultural carvings in a forest. The pole shows a closeup of a figure holding a scroll.
Highlights
What GAO Found
Shared decision-making agreements with federal agencies enable Tribes to provide substantive, long-term input into natural and cultural resource management decisions for public lands. In treaties, Tribes ceded millions of acres of their territories to the federal government in exchange for certain commitments. Many of these areas are now public lands. Agencies committed in 2022 to ensure Tribes play an integral role in deciding how to manage federal natural resources. These agencies include the Departments of Agriculture, Commerce, and the Interior and their components, such as Agriculture’s Forest Service and Commerce’s National Oceanic and Atmospheric Administration (NOAA). GAO identified 11 features that strengthen shared decision-making agreements, including a commitment to seeking consensus and a clearly outlined dispute resolution process. Fully incorporating these 11 features into policies would better position agencies to strengthen shared decision-making.
Agency and tribal officials GAO interviewed identified factors that facilitated agreement development, including having certain legal authorities. For example, the Indian Self-Determination and Education Assistance Act, as amended, authorizes eligible Tribes to assume administration of certain Interior programs through a self-governance agreement. However, the Forest Service and NOAA’s Office of National Marine Sanctuaries are not authorized to enter into this type of agreement, even though they manage natural resources similar to Interior. Providing these agencies a similar authority would allow for increased tribal input into management decisions, consistent with current administration priorities.
Factors That Agency and Tribal Officials Said Facilitated or Impeded Development of Shared Decision-Making Agreements
Agency and tribal officials also identified factors that impeded development of agreements, including limited agency understanding of legal authorities and incomplete guidance. Agencies have taken steps to address these factors, such as training staff working with Tribes. However, in light of significant federal workforce reductions that began in 2025, agencies have not conducted workforce planning to assess their capacity related to developing agreements. Doing so could enable better understanding of how to allocate agencies’ limited resources, address any skill gaps, and make strategic use of partnerships with Tribes.
Why GAO Did This Study
Federal agencies manage public lands, including national forests and parks, that are Tribes’ ancestral territories. Public lands retain special significance and importance to Tribes. Agencies collaborate with Tribes when meeting their missions and to fulfill unique federal trust and treaty responsibilities.
GAO was asked to examine issues related to agencies developing shared decision-making agreements with Tribes. This report identifies features that strengthen shared decision-making agreements and examines factors that facilitated or impeded their development, as well as agency actions to address impediments.
GAO reviewed agreements between federal agencies and Tribes, as well as federal laws, academic reports, and agency documents. GAO selected five shared decision-making agreements for in-depth analysis and interviewed the federal and tribal officials involved.
Recommendations
GAO recommends that Congress consider three matters, including authorizing mechanisms for the Forest Service and NOAA’s Office of National Marine Sanctuaries to enter self-governance type agreements with Tribes. GAO is also making eight recommendations, including for departments to fully incorporate the 11 features into existing policies and agencies to assess staffing capacity and address any skill gaps related to developing agreements. Interior and NOAA generally agreed with our recommendations. Forest Service generally agreed with the report, but did not explicitly state whether it agreed with the recommendations. Commerce did not provide comments.
Matter for Congressional Consideration
| Matter | Status | Comments |
|---|---|---|
| If Congress supports the increased use of TFPA agreements, Congress should consider (1) amending the provisions of the Tribal Forest Protection Act of 2004 that preclude some Tribes and Alaska Native Corporations from entering into TFPA agreements with the Forest Service, and (2) authorizing TFPA agreements for national forest lands with a tribal nexus, such as those that have historical, geographic, and cultural significance to Tribes. (Matter for Consideration 1) | When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information. | |
| Congress should consider authorizing a mechanism for the Forest Service to enter self-governance type agreements with Tribes that enable them to share decision-making responsibility over the administration of programs for national forest lands and waters, including natural and cultural resources, to the extent legally permissible. (Matter for Consideration 2) | When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information. | |
| Congress should consider authorizing a mechanism for NOAA's Office of National Marine Sanctuaries to enter self-governance type agreements with Tribes that enable them to share decision-making responsibility over the administration of programs for national marine sanctuaries, to the extent legally permissible. (Matter for Consideration 3) | When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information. |
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Agriculture | The Secretary of Agriculture should update the department's existing policies to include a discussion of the 11 features GAO identified as strengthening shared decision-making agreements to encourage their adoption in the Forest Service's shared decision-making agreements with Tribes and Native Hawaiian communities, as applicable. (Recommendation 1) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Forest Service | The Chief of the Forest Service should assess staff capacity related to developing shared decision-making agreements with Tribes and Native Hawaiian communities, and address any skills and knowledge gaps, including through additional training and updating existing guidance. (Recommendation 2) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Department of Commerce | The Secretary of Commerce should update the department's existing policies to include a discussion of the 11 features GAO identified as strengthening shared decision-making agreements to encourage their adoption in NOAA's shared decision-making agreements with Tribes and Native Hawaiian communities, as applicable. (Recommendation 3) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| National Oceanic and Atmospheric Administration | The Administrator of NOAA should assess staff capacity related to developing shared decision-making agreements with Tribes and Native Hawaiian communities, and address any skills and knowledge gaps, including through additional training and updating existing guidance. (Recommendation 4) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Department of the Interior | The Secretary of the Interior should update the department's existing policies to include a discussion of the 11 important features GAO identified as strengthening shared decision-making agreements to encourage their adoption in BLM, FWS, and NPS agreements with Tribes and Native Hawaiian communities, as applicable. (Recommendation 5) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Bureau of Land Management | The Director of BLM should assess staff capacity related to developing shared decision-making agreements with Tribes and Native Hawaiian communities, and address any skills and knowledge gaps, including through additional training and updating existing guidance. (Recommendation 6) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| United States Fish and Wildlife Service | The Director of FWS should assess staff capacity related to developing shared decision-making agreements with Tribes and Native Hawaiian communities, and address any skills and knowledge gaps, including through additional training and updating existing guidance. (Recommendation 7) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| National Park Service | The Director of NPS should assess staff capacity related to developing shared decision-making agreements with Tribes and Native Hawaiian communities, and address any skills and knowledge gaps, including through additional training and updating existing guidance. (Recommendation 8) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
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