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<br />" <br />, <br /> <br />DRAFT -- August 11, 1999 <br /> <br />BACKGROUND <br /> <br />This exercise grew out of the elaborate govcrnment-to-government consultation which led to <br />the Secretarial Order that Secretary Babbitt and Commerce Secretary Daley signed on June 5, <br />1997, on American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the <br />Endangered Species Act (S.O. 3206). Notwithstanding the important strides taken in that <br />Order to implement the mandate of the ESA to conserve listed species consistent with Federal <br />trust responsibilities and the exercise of tribal governmental authority, a number of <br />southwestern tribal representatives expressed the concern that the issue of Indian water <br />resource development was not adequately addressed in that process. Hence the creation of <br />this Working Group. <br /> <br />S.O. 3206 provides policy direction to the U.S. Fish and Wildlife Service and the National <br />Marine Fisheries Service (the Services) on implementing and applying the ESA in ways that <br />include collaboration with Native Americans. The Order evolved from concern of tribal <br />leaders and resource managers that the Services were regularly implementing the ESA in ways <br />that affect their culture, subsistence harvests, and resource management decisions on tribal <br />lands. In early 1996, approximately 130 people attended a workshop in Seattle, Washington <br />to discuss ESA - tribal rights issues. Participants formed a tribal working group to examine <br />both legislative and administrative remedies. Working from the 1994 "Statement of <br />Relationship" between the Fish and Wildlife Service and the White Mountain Apache Tribe, <br />the group developed a draft position paper for a secretarial order that would apply nationally. <br />Congress was considering reauthorization of the ESA. Accordingly, the group did not want to <br />seek legislative changes. In August 1996, the tribes presented Secretary Babbitt with their <br />proposal for administrative reforms and called for: <br /> <br />3 <br />