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<br />DRAFT -- August 11, 1999 <br /> <br />(I) the Department should evaluate and implement measures to improve <br />communications and consultations on tribal water projects between the FWS and <br />Tribes; <br /> <br />(2) FWS should be required to provide assistance to all affected Indian tribes in the <br />development of management conservation plans and the establishment of necessary <br />standards and guidelines for protection of endangered or threatened species when <br />restriction of tribal actions is necessary or involuntary; <br /> <br />(3) an administrative process should be established that would make FWS more <br />accountable for its actions and decisions under the ESA which adversely affect the <br />exercise of Indian property rights; and <br /> <br />(4) the ESA regulations pertaining to critical habitat designation should be amended to <br />provide that whenever the action involves tribal interests, all affected Indian tribes <br />must be included as parties to the designation process, and must be included as parties <br />to the consultation process. <br /> <br />Substantive Issues <br /> <br />One of the primary substantive concerns expressed in the meetings with tribal representatives <br /> <br />was that the Section 7 consultation process for Indian water projects results in FWS actions <br /> <br />that place the burden of conservation of threatened and endangered species on Indian tribes, <br /> <br /> <br />rather than on the non-Indian activities or previous federal actions which resulted in the <br /> <br /> <br />degraded status of the threatened and endangered species. Section 7 of the ESA requires <br /> <br />action agencies to consult or confer with FWS on potential impacts to listed or species. <br /> <br /> <br />Federal action agencies consult on activities they are proposing to permit, fund, or carry out, <br /> <br />12 <br />