Originally Posted By: BrianM


"Secretarial Order (June 5, 1997) “American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act”

The "Questions and Answers" section beginning on page 16 may be the best place to start.


Thanks Brian. I read the document and understand a little more. The "government-to-government collaboration" to work out conservation measures with the tribes sure is smushy.

Another part I found really interesting:

Quote:

10. The Order, in its Purpose,, states that the Departments will
ensure that "Indian tribes do not bear a disproportionate burden
forthe conservation of listed species . . .I' Does that imply that
someone else will share a ~~disproport.ionate burden?"

No I. The Order implies ,that:: no one: should carry a
disproportionate burden and that the Act should be implemented
fairly and consistently for all Americans, including Native
Americans.


Of course, that just appears in the FAQ, not the order itself.

I am no lawyer, but there seems like alot in here that could be court-challenged.

I am assuming this is one of the reasons the tribes were compelled to work things out with the state. There are things they probably want to avoid testing in court.