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<br />DRAFT -- August 11, 1999 <br /> <br />I. Appointment of a small high-level team to negotiate a secretarial order on <br />ESA and tribal rights. <br />2. Coordination with the National Marine Fisheries Service and the Secretary <br />of Commerce. <br /> <br />3. Scheduling discussions to conclude quickly. <br /> <br />Secretary Babbitt agreed with the concepts in the proposal and quickly, after consultation with <br />Secretary Daley, appointed a federal negotiating team. Negotiators met four times during the <br />fall of 1996 and winter/spring of 1997. The task of the negotiators was to "harmonize" the <br />ESA and Indian law, meaning that the FWS/NMFS would consider the government's unique <br />relationship with tribes when implementing the ESA. The substantive responsibilities agreed <br />to in the Order are spelled out in the following principles: <br /> <br />Principle I. The Departments shall work directly with Indian tribes on a <br />government-to-government basis to promote healthy ecosystems. <br /> <br />Principle 2. The Departments shall recognize that Indian lands are not subject <br />to the same controls as Federal public lands. <br /> <br />Principle 3. The Departments shall assist Indian tribes in developing and <br /> <br /> <br />expanding tribal programs so that healthy ecosystems are promoted and conservation <br /> <br />restrictions are unnecessary. <br /> <br />A. The Departments shall take affirmative steps to assist Indian tribes <br /> <br /> <br />in developing and expanding tribal programs that promote healthy ecosystems. <br /> <br />B. The Departments shall recognize that Indian tribes are appropriate <br /> <br />governmental entities to manage their lands and tribal trust resources. <br /> <br />C. The Departments, as trustees, shall support tribal measures that <br /> <br />preclude the need for conservation restrictions. <br /> <br />4 <br />