Interior counts its co-stewardship deals. GAO read the agreements
Summary
A 2021 order committed Interior and Agriculture -- joined a year later by Commerce -- to giving Tribes a real role in managing the federal lands and waters that were once their territories. Interior's own tally shows the count of agreements climbing -- more than 69 signed in 2024 alone, nearly 150 since the order took effect. A separate GAO review of how those agreements actually work found a different problem: the Forest Service and NOAA lack a legal authority Interior already has, none of the three departments' policies fully capture the features that make agreements durable, and none have measured whether 2025's workforce cuts left them able to keep making these deals at all.
Interior's count: agreements are multiplying
Interior's own report describes co-stewardship broadly -- operations and maintenance contracts, interpretive services, conservation agreements, management plans, harvest agreements, wildlife reintroduction efforts, youth education programs, and incorporation of Indigenous Knowledge all count. Under that definition, Interior reported more than 69 new agreements in 2024, bringing its total since the order to nearly 150. The department also says it trained nearly 400 senior staff at seven regional workshops that year, with Forest Service and leadership attending too.
View data as table
| New agreements signed in 2024 | 69 |
|---|---|
| Cumulative since Nov. 2021 | 150 |
GAO's question: are the agreements built to last?
identified 11 features it found important to a durable shared decision-making agreement -- among them a commitment to seeking consensus, a clear dispute-resolution process, defined communication protocols, and explicit agreement limitations. Signatories to the agreements reviewed in depth said each feature mattered in practice: a Glacier Bay National Park signatory pointed to plain-language limitations as a way to head off future conflict, and a Papahānaumokuākea Marine National Monument signatory said the agreement's lack of defined communication protocols led to inconsistent information-sharing. found that Agriculture, Commerce, and Interior policies touch on some of these features but generally don't capture all of them -- notably missing language on seeking consensus or on clearly defined ways to implement goals.
A deeper gap showed up in legal authority. Interior agencies can let eligible Tribes take over administration of certain programs through self-governance agreements under the Indian Self-Determination and Education Assistance Act. The Forest Service and 's Office of National Marine Sanctuaries manage similar resources but have no comparable authority -- a structural reason their agreements can't go as far as Interior's, regardless of goodwill on either side. recommended Congress consider giving both agencies a path to that authority.
The legal-authority gap also showed up in how slowly agencies got their own staff up to speed. Agriculture and Interior issued reports in 2022 identifying the legal authorities available for these agreements. didn't finalize its own version until December 2024 -- about two years after Commerce signed on to the order -- leaving field staff without that guidance in the interim.
View data as table
| Agriculture (Forest Service) | 2 |
|---|---|
| Commerce (NOAA) | 2 |
| Interior (BLM, FWS, NPS) | 4 |
also found something no one had measured: what 2025's federal workforce reductions did to agencies' ability to keep making these agreements at all. A Forest Service district ranger in southeast Alaska said staff losses left tribal cultural ambassadors primarily responsible for keeping a visitor center open. In June 2025, a coalition of tribal organizations wrote to the Secretaries of Commerce and the Interior warning that the cuts were already ending long-term relationships between Tribes and agency staff and delaying agency responses. As of 's review, none of the five agencies involved -- , , NPS, the Forest Service, or -- had assessed their staffing capacity to develop these agreements in light of the cuts; some said they were waiting for the changes to finish first, others had no plans to look at all.
made eight recommendations -- two each to Agriculture and Commerce, four to Interior -- to fold the 11 features into policy and assess staffing capacity. The responses varied in how clearly they committed to anything. Interior said by email, not in writing, that it generally agreed with its four recommendations. agreed in writing with its one staffing-capacity recommendation but didn't say how it would act on it. Commerce gave no written response to its policy recommendation, only saying during the review that it would consider the 11 features in an upcoming policy revision. The Forest Service, writing on Agriculture's behalf, said it generally agreed with the report -- without saying whether it agreed with either of its own two recommendations.
View data as table
| Explicitly agreed (Interior's 4, NOAA's 1) | 5 |
|---|---|
| No explicit agreement (Agriculture's 2, Commerce's 1) | 3 |
The takeaway
- Interior's own numbers and 's findings measure different things. More agreements signed each year is real progress by Interior's count -- but 's review found the agreements themselves often miss features, like consensus-seeking and dispute resolution, that make them hold up over time.
- The Forest Service and are structurally behind Interior, not just slower. They lack the legal authority to let Tribes take over program administration the way Interior's , , and NPS can -- a gap only Congress can close.
- Nobody has measured what 2025's staffing cuts did to this work. Tribal organizations say the effects are already visible on the ground; none of the five agencies involved had assessed it as of 's review, and agency responses to 's recommendations ranged from clear agreement to no written answer at all.
The agreement-count findings are from the Department of the Interior's Third Annual Report on Tribal Co-Stewardship (December 2024), read in full via a verbatim copy hosted by Harvard Law School's Environmental & Energy Law Program after Interior's own doi.gov page proved unable to serve the PDF directly to an automated fetch; its content was cross-checked against the doi.gov page's title, date, and signatory. The agreement-quality and legal-authority findings are from -26-106626, 'Federal Land and Water Management: Additional Actions Would Strengthen Agreements with Tribes' (January 28, 2026), read directly and in full. The two reports examine distinct facets of the same Joint Secretarial Order 3403 implementation -- how many agreements exist versus how well-built and well-resourced they are -- about 14 months apart.
Sources(2) ▾
- U.S. Department of the Interior, Department of the Interior Third Annual Report on Tribal Co-Stewardship: Implementing Joint Secretary's Order 3403 (2024-12-05) — Interior's own third annual self-report on implementing Joint Secretarial Order 3403 -- the Interior-specific quantity-of-agreements facet, tracking how many co-stewardship agreements it has signed. Distinct from doc-gao-106626 ('s independent, cross-department quality/legal-authority-gap facet, examining Interior, Agriculture's Forest Service, and Commerce's together), issued about 14 months later. Interior's doi.gov media page serves an HTML wrapper rather than a directly-fetchable PDF; full text was read via a verbatim copy hosted by Harvard Law School's Environmental & Energy Law Program, cross-checked against the doi.gov page's own metadata (title, December 2024 date, signed by Secretary Haaland) for authenticity. doi.gov · original document
- U.S. Government Accountability Office, Federal Land and Water Management: Additional Actions Would Strengthen Agreements with Tribes (2026-01-28) — -26-106626, a report to the Ranking Member of the House Natural Resources Committee -- the cross-department quality and legal-authority-gap facet, examining Interior, the Forest Service, and together. Distinct from doc-doi-costeward (Interior's own agreement-count facet), issued about 14 months earlier. Fetched directly from files.gao.gov (HTTP 200); no Wayback capture existed at read time, so one was requested and captured. gao.gov · original document
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In November 2021, the Interior and Agriculture secretaries signed Joint Secretarial Order 3403, committing their departments -- joined a year later by Commerce -- to give Tribes substantive input into managing the federal lands and waters that were once their territories. Interior's own December 2024 tally⧉ shows the count of agreements climbing fast: more than 69 signed that year alone, pushing the cumulative total since the order to nearly 150. A GAO review released in January 2026⧉ looked past the count and asked a different question -- are the agreements themselves built to last -- and found real gaps: two of the three departments lack a legal authority Interior already has, none of the departments' policies fully capture what found makes an agreement durable, and none have measured what 2025's workforce cuts did to their capacity to keep making these deals.