By SCOTT MCKIE B.P.
One Feather Asst. Editor
A letter sent to Ugvwiyuhi (Principal Chief) Michell Hicks from a U.S. Forest Service official outlines the rights that members of the Eastern Band of Cherokee Indians (EBCI) have in traditional gathering in the Nantahala and Pisgah National Forest.
The letter, from James E. Melonas, forest supervisor for National Forests in North Carolina, states, “I am hereby documenting authorization of the Eastern Band of Cherokee Indians to collect non-timber forest products and firewood for traditional and cultural purposes within the Nantahala and Pisgah National Forests per the Food, Conservation, and Energy Act of 2008.”
It continues, “This letter provides documentation of authority for enrolled members of the Eastern Band of Cherokee Indians to collect non-timber forest products derived from naturally occurring mushrooms, fungi, flowers, seeds, roots, barks, leaves and vegetation, as well as firewood (dead and down trees).”
Avery Weatherly, EBCI Natural Resources Department conservation outreach coordinator, said, “This letter was written with the intention of having all cultural and traditional collection limits for EBCI enrolled members in one document. This was done to increase accessibility to gathering limits and provide clarity on what is considered personal use vs commercial use for EBCI enrolled members.”
She added, “EBCI members do not need a permit if they are collecting materials for personal cultural and traditional use. A tribal enrollment card will suffice when gathering otherwise.”
Some of the conditions of gathering outlined in the letter include:
- Gathered products may not be sold for commercial purposes. Forest products with ‘value added’ may be resold (e.g. unprocessed white oak logs may not be resold, but traditional baskets made from white oak may be sold).
- A 10-cord limit on dead and down firewood per year
- Motor vehicles must remain on designated roads, trails, and areas designated for vehicle use; collection on foot is permissible throughout the Forests, including in wilderness. Motor vehicle access behind closed gates may be provided by prior arrangement between the U.S. Forest Service and Eastern Band of Cherokee Indians. Parking fees may be waived when parking in fee areas by prior arrangement…
- Collection within 30 feet of a perennial or intermittent stream is not permitted except for species that cannot be feasibly collected on upland sites. For species collected within this zone, collection of roots or other below ground plants is limited to a maximum of 50 plants per individual gatherer per month.
The letter does list certain species and non-timber forest products that cannot be gathered including:
- American ginseng and live/standing trees (permit program and conditions to be established under a separate letter)
- Mosses, azaleas, lilies, orchids, trilliums (if desired for collection, please contact the Eastern Band of Cherokee Indians Natural Resources Dept. for further coordination with the USFS)
- Any species that is listed as a Species of Conservation Concern under the Nantahala and Pisgah National Forests Land Management Plan
- Any federally threatened or endangered species listed by the U.S. Fish and Wildlife Service
Weatherly spoke to limits, “Tribal members will not need to take products somewhere to be counted. When collection limits are specified, a tribal member cannot go over those limits. When it comes to traditional and cultural materials and the gathering limit is not provided in the letter, the limit is what a tribal member would use for personal use for their cultural and traditional practices.”
She said agreements such as this strengthen the sovereignty of the EBCI. “Over the years, our department has strengthened our relationship with the USFS (U.S. Forest Service). We have had a positive working relationship and have plans to further expand by having a co-stewardship agreement with the Pisgah and Nantahala National Forests. This letter was written because of a need for clarity on gathering limits and regulations for tribal members, and how those differ from the public. We are now at the table when it comes to USFS decisions and are looking forward to future endeavors.”
Melonas echoed that sentiment of cooperation in the conclusion of his letter. “The National Forests in North Carolina value the unique government-to-government relationship we share with the Eastern Band of Cherokee Indians and look forward to continuing our successful partnership.”
Information from the U.S. Forest Service on the Nantahala National Forest states, “The largest of North Carolina’s four National Forests, the Nantahala encompasses 531,148 acres with elevations ranging from 5,800 feet at Lone Bald in Jackson County to 1,200 feet in Cherokee County along Hiwassee River. The Forest is divided into three Districts, Cheoah in Robbinsville, N.C., Tusquitee in Murphy, N.C., and the Nantahala in Franklin, N.C. All district names come from the Cherokee language. Nantahala is a Cherokee word meaning ‘land of the noon day sun’, a fitting name for the Nantahala Gorge, where the sun only reaches to the valley floor at midday.”
The U.S. Forest Service information states the following on the Pisgah National Forest, “The Pisgah National Forest is a land of mile-high peaks, cascading waterfalls, and heavily forested slopes. Comprised of over 500,000 acres, the Pisgah is primarily a hardwood forest with whitewater rivers, waterfalls and hundreds of miles of trails.”
On the Pisgah National Forest, NCpedia states that it was North Carolina’s first national forest. “Currently, the Pisgah National Forest lies in 15 North Carolina counties. The forest is divided into three separate ranger districts according to geographic features. The Grandfather District includes Avery, Burke, Caldwell, Watauga, and McDowell counties. The Appalachian District manages land in Haywood, Madison, Avery, Buncombe, Mitchell, and Yancey counties. Finally, the Pisgah District covers parts of Buncombe, Haywood, Henderson, and Transylvania counties.”
