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employ 1,320 fisheries and wildlife biologists and ecologists. In 

 contrast, the combined tribal and BIA staffs equal about 300 for over 

 100 million acres, most of whom are employed in positions of 

 multiple duties, such as biologist/ administrator. 



The Society developed, in 1991, a needs statement and conceptual 

 framework for legislation to assist tribal fisheries and wildlife 

 management efforts, titled the "Native American Fish and Wildlife 

 Enhancement Act". This was developed in response to the stated 

 needs and desires of tribes for assistance and support. I submit this 

 concept paper and draft bill to the Sub-committee as an expression 

 of what is truly needed in supportive legislation. 



Federal Aids Programs 



The Federal Aid in Sport Fish and Wildlife Restoration Programs 

 are funding avenues used by the states and territories for fisheries 

 and wildlife enhancement. These programs (Dingell-Johnson, 

 Pittman-Robertson, and Wallop-Breaux) are Acts of Congress that 

 tax fishing and hunting gear and motor boat fuel to support the 

 recreational fisheries and wildlife enhancement programs of aU the 

 states and territories of the United States of America. These 

 funding programs were instituted to provide a stable on-going 

 funding base for fisheries and wildlife enhancement projects 

 throughout the country. Presently, States and territories are 

 sharing in the approximately $400 million per year derived from this 

 program for the enhancement of their fish and wildlife resources. 

 For example, in 1990 the State of Montana received $3 million for 

 wildlife, $4.2 million for sport fish restoration, and over $200,000 for 

 hunter education. The Montana Indian reservations, which 

 constitute 5 percent of the state, received none of this money. 



At present. Tribes are precluded from participation in these 

 programs for several reasons, among them specific provisions of the 

 Acts. The first is found in the Code of Federal Regulations 50 CFR 

 part 80 (the regulatory foundation for implementing the Acts) in § 

 80.20 which states, in part " The State must control lands or waters 

 on which capital improvements are made with Federal Aid funds." 

 This provision would require Tribes to give up jurisdiction for 

 projects to be funded on reservations. Another issue precluding 

 tribal participation is that of civil liability. States and tribes both are 

 unwilhng to assume liability on projects over which they may not 

 have complete control. Under the present regulations, tribes are 

 theoretically able to request funding through the state(s) in which 

 the tribe is located. In reality in many cases, though, tribes and 



