4.8.5. Tribal Treaty Rights

Adverse impacts to tribal treaty rights and trust responsibilities include, but are not limited to, limitations on access to tribal hunting, fishing, or resource collection areas reserved by treaty, economic issues, and other resource use and access issues. Beneficial impacts could include protection of culturally important archeological sites or sites of traditional or religious importance, and preservation of access to resources. Direct impacts are those that immediately affect resources, whether the impact is to access of the resource or its physical condition. Indirect impacts are related to improved access and can take the form of loss of setting through increased visitation, or reduction in the availability of a plant or animal resource through loss of habitat or over-hunting.

Because archeological sites that may be of cultural importance are finite resources, short-term impacts are the same as long-term impacts. However, impacts to plant or animal resources may be mitigated through conservation plans.

Impacts are identified in consultation with the appropriate tribal groups. The CYFO and WFO coordinate and consult with appropriate Native American groups to identify and consider their concerns in BLM land use planning and decision-making. Interested tribes review proposed land use planning decisions and other major BLM decisions for consistency with tribal land use and resource allocation plans; however, no treaty rights pertain directly to BLM-administered lands within the Planning Area.