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<br />DRAFT -- August 11, 1999 <br /> <br />Northwest Sea Farms v. United States Army Corps of Engineers, 931 F.Supp. 1515, 1520 <br />(W.D.Wash. 1996). <br /> <br />Although S.O. 3206 addresses the relationship between FWS and Indian tribes in critical <br />habitat designations, southwestern Tribes expressed the concern that critical habitat <br />designations affecting tribal lands and water resources have occurred prior to the Order, and <br />without the adequate participation of or consultation with the affected tribe(s). Two such <br />designations affected tribal natural resources in the southwest: for the Colorado River fish <br />and for the Mexican spotted owl. Both were driven by court-ordered deadlines. The San <br />Juan River on the Navajo Reservation was included in the designation for the fish, and the <br />forest lands on several southwestern reservations were included in the designation for the owl. <br />As a consequence of FWS consultation with the White Mountain and Jicarilla Apache Tribes, <br />their Reservations were not included in the critical habitat designation for the spotted owl. <br />The Southern Ute Tribe later sued FWS to exclude its reservation from the critical habitat <br />designation for the Mexican spotted owl. <br /> <br />The Tribes have criticized the methodology for evaluating the economic impact of the <br /> <br /> <br />designations on Indian natural resources. The further concern was expressed regarding the <br /> <br /> <br />adverse consequences or chilling effects such critical habitat designations may have on water <br /> <br /> <br />development projects that tribes attempt in the future, particularly where questions are raised <br /> <br />regarding the scientific basis for such critical habitat designations. More recently, FWS <br /> <br /> <br />designated Indian Pueblo lands along the Rio Grande in New Mexico as critical habitat for the <br /> <br /> <br />endangered Rio Grande silvery minnow over the objections of some tribes but with the <br /> <br />support of at least one Pueblo. Like the situation on the San Juan River, some tribes <br /> <br /> <br />expressed the concern that the designation would prevent future exercise of their water rights. <br /> <br />The Tribes made a number of recommendations related to the procedural issues and concerns: <br /> <br />11 <br />