In 1975, Congress passed the Indian Self-Determination and Tribal Self-Governance Act which allowed federally recognized Indian tribes to enter into 638 contracts with the Department of Interior to administer programs, functions, services, and activities normally overseen by the aforementioned department.[1] In the 2018 Farm Bill, Congress expanded this contracting authority to the Forest Service, enabling federally recognized tribes to perform projects and programs normally administered by this USDA unit. Through this authority, tribes can assume responsibility for Forest Service land adjacent to their reservations. One justification tribes use to gain administrative power over Forest Service land is if it “poses a fire, disease, or other threat to the trust land or community.”[2] This means that if wildfires are running rampant on Forest Service land in northeastern Nebraska, the Omaha or Winnebago tribes could apply for a 638 contract to help . But these contracts can take a significant amount of time to process as the Forest Service does not have dedicated 638 contracting staff in each Forest Service Region.[3] This blog post will explore how the Forest Service can use to expedite the review process for 638 contracts so Indian tribes can maintain forest land susceptible to fires.
It is important to note that indigenous wildfire prevention practices are extremely effective. Prior to European colonization, Indian tribes engaged in controlled burns where they killed off extremely flammable plant species that were unhealthy to the ecosystem. Additionally, these controlled burns formed fire-adapted ecosystems resilient to large-scale forest fires.[4] Indian tribes have the cultural knowledge to prevent wildfires, and the Forest Service can use AI to simplify the 638-contracting process. Returning more responsibility for Forest Service land back to tribes will also increase tribal sovereignty.
Firstly, AI technology could be used to help the Forest Service reach out to tribes regarding 638 contracts. AI can compare current satellite imagery with historical data to see which areas are undergoing drought, persistent heat, and deforestation.[5] Using these AI-generated comparisons, the Forest Service could see which parcels of land are susceptible to wildfires and check whether they are adjacent to Indian communities. They could then reach out to tribes about a potential 638 contract. Instead of waiting for tribes to reach out to them regarding a contract, the Forest Service could use AI comparisons to determine which tribes they should solicit for 638 contracts. This may increase the number of tribes applying for agreements because federal agencies frequently do not reach out to tribes or provide inadequate information to them tribes navigate the application process.[6]
Secondly, AI chatbots could be installed on the Forest Service’s Contracts and Commercial Permits page to answer questions tribal members may have when considering a self-governance contract.[7] The Forest Service currently does not outline the contracting process on this page, and AI chatbots could summarize the requirements and processes for completing a 638 contract application when tribal members need assistance.
Thirdly, because the Forest Service does not have dedicated 638 contracting staff in each Forest Service region, AI could be used to check contract applications to ensure they meet minimum requirements. For example, AI could check that each application has a cover sheet, 638 template provisions, a scope of work, a financial plan/budget, and a TFPA proposal with approval letter.[8] By using AI, the Forest Service would not need to hire additional personnel across the country to review these contracts. This would also free up funds for more 638 contracts.
Lastly, not only can AI help Forest Service personnel but it can also assist Indian tribes in managing records. To qualify for a 638 contract, Tribal Cooperator’s must keep detailed records on all their expenses so the Forest Service can properly reimburse them for their work.[9] By using AI systems that survey meta-data on documents, tribes can automatically sort financial records by what sort of expenses they track.
This blog post mentions ways AI can be used by the Forest Service that would help tribes better navigate the complicated process of applying for 638 contracts to help maintain land susceptible to wildfires. It is important to note that the Forest Service is the only part of USDA that possesses 638 contracting authorities. But Congress is currently considering a provision in the 2023 Farm Bill which would expand contracting authorities to all of USDA. If passed, tribes would be able to administer benefits like SNAP and FDPIR to their all members. A change like this would increase the workload on USDA, and this has been a point of contention between the agency and Indian tribes.[10] While outside the scope of this blog post, USDA could use AI to decrease the workload placed on employees that would come with these new 638 contracting authorities.
[1] https://www.usbr.gov/native/programs/93-638program.html
[2] https://www.fs.usda.gov/sites/default/files/Best-Practices-Guide-20200909.pdf
[3] https://www.fs.usda.gov/sites/default/files/638-Webinars-QA-20200909.pdf
[4] https://www.nps.gov/subjects/fire/indigenous-fire-practices-shape-our-land.htm#:~:text=Suppression%2C%20along%20with%20urban%20development,reduce%20out%20of%20control%20wildfires.
[5] https://ts2.space/en/ai-in-topography-charting-earths-surface-with-unprecedented-precision/
[6] https://www.indian.senate.gov/hearing/hearing-native-priorities-2023-farm-bill-reauthorization
[7] https://www.fs.usda.gov/working-with-us/contracts-commercial-permits
[8] https://www.fs.usda.gov/sites/default/files/Best-Practices-Guide-20200909.pdf
[9] https://www.fs.usda.gov/sites/default/files/Best-Practices-Guide-20200909.pdf
[10] https://www.indian.senate.gov/hearing/hearing-native-priorities-2023-farm-bill-reauthorization
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