OPA

On May 20, 1997 Ms. Deer, Assistant Secretary for Indian Affairs called an all employees meeting at BIA Headquarters, Washington, DC. The purpose of this meeting was to provide information relative to current matters taking place within the Bureau of lndian Affairs and to present a Summer Action Plan. "I would like to see the Bureau become a dynamic entity accomplishing positive things at the end of this Summer," Ms. Deer said.

The Summer Action Plan

BIA employees were equated to being front line troops in the "war supporting tribal sovereignty," and Ms. Deer challenged the employees to accomplish the following ten goals within the next 90-days.

1. Gear up for the "fight of our lives" regarding proposals to tax Indian gaming and all anti-sovereignty proposals. Requests from Congressional Affairs are going to require rapid response and quick turn around when Congress returns in June.
2. Improve the overall quality of our internal communications. An all employees meeting will be conducted once a month for the remainder of Ms. Deer's term so that everyone will have good information about what is happening. The meetings will take place on the third Wednesday of each month at 10:00 AM.
3. The Office of Indian Education Programs will work to complete the Five Year plan supporting tribal colleges as required by the President's Executive Order on Tribal Education.
4. Continue work and cooperation with the Office of Audit and Evaluation to maintain the excellent progress we have achieved in resolving audit findings and to continue to improve and strengthen our operations.
5. Supporting the BIA's budget process and the Office of Management and Administration in pulling together by providing effective, well-prepared, and timely submitted budget justifications.
6. Re-double our efforts in drafting performance measures as part of the National Performance Review and Government Performance Results Act.
7. Finalize the Self-Governance draft regulations and have them sent to OMB for clearance by the end of August.
8. Complete the Tribal Shares process.
9. As a personal work assignment Ms. Deer pledges to work more directly with the White House and the new House Native American Caucus in advocating for Indian Country and the Bureau of Indian Affairs.
10. Form a new working group to develop plans for a Summer Indian Affairs picnic. Schedule date is Wednesday, June 25, 1997, Little Bighorn Day.

Ten BIA employees were recognized for "On the Spot" awards for accomplishing and performing extra "hard work" over the last few months. The ten individuals are:

Secretary of the Interior Bruce Babbitt today transmitted proposed Congressional legislation to the President of the Senate and the Speaker of the House of Representatives that would allow several small parcels of Bureau of Land Management land to be transferred to California tribes throughout the State.

"The draft bill I submitted fulfils a promise made by the Clinton Administration to several California tribes with an inadequate land base that we would try to help them," Babbitt said. "This land will be used to build housing or for non-gaming businesses that will benefit their economies and those of surrounding communities."

The land being proposed for transfer has been the subject of broad local consultation and has received formal support from governing bodies of adjacent non-Indian communities. The land under consideration does not include habitat for threatened or endangered species. No disturbance of the land's sub-surface would be authorized in the draft bill.

If Congress passes legislation and the President signs it into law, the following tribes would receive land taken in trust for future benefit: 561.69 acres to the Pit River Tribe; 40 acres to the Bridgeport Indian Colony; 240 acres to the Utu Utu Gwaitu Paiute Tribe (Benton Paiute reservation); 200.06 acres to the Fort Independence Community of Paiute Indians; 5.03 acres to the Barona Group of Capitan Grande Band of Mission Indians; 40 acres to the Morongo Band of Mission Indians; 59.20 acres to the Pala Band of Mission Indians; 1,360 acres to the Cuyapaipe Band of Mission Indians; 1000.78 acres to the Manzanita Band of Mission Indians; and 299.04 acres to the Fort Bidwell Community of Paiute Indians.

All of the parcels are adjacent to existing reservations, and will be added to the reservation lands if the draft bill is enacted. All valid existing rights will be preserved, and any grazing privileges will be maintained for two years from the date of enactment. No appropriation of funds will be necessary to accomplish the transfer, and each parcel has been subject to environmental analysis. Further environmental analysis would be required by the Bureau of Indian Affairs before any development activities could take place.

"This legislation could provide great relief and economic benefit to tribes that were never given an adequate reservation area," Babbitt said. "This is a win for the tribes and a win for nearby communities who can expect more economic opportunities as a result of these transfers. I urge Congress to move quickly to support and sponsor this draft bill."

I join Interior Secretary Bruce Babbitt and Attorney General Janet Reno in strongly opposing proposals by some members of Congress to levy taxes on tribal government revenues from gaming and other economic activities. As they noted in a joint letter to U.S. House of Representatives Ways and Means Committee Chairman Bill Archer, H.R. 325 and H.R. 1554 are contrary to the United States' longstanding protection of tribal self-government and the Federal trust responsibility. Moreover, taxation of tribal gaming revenues contradicts Congress' own intent when it enacted the Indian Gaming Regulatory Act of 1988, which explicitly states that the purpose of revenue derived from Indian gaming is to "promote tribal economic development, self-sufficiency, and strong tribal governments."

Tribal enterprises produce revenues that are invested in tribal development and the delivery of tribal government services. Unlike private-sector businesses, profits from tribal enterprises accrue to the benefit of entire communities just as profits from state-owned enterprises flow back into state treasuries. Indian nations, like state governments, are an integral part of our nation's Constitutional structure. Tribes are governmental entities with the same authorities and responsibilities of any government. Lawmakers have a responsibility to the citizens of this nation to understand these Constitutional principles and to act consistently with them. To do otherwise breaches the trust the American people have placed in their elected officials and, in this regard, the special trust between the Government of the United States and the Indian nations.

Until now, the rule has been that governments do not tax other governments just as the Federal government does not tax states. The rules should not change just because the government in question is a tribal government. Indian tribal governments struggling to overcome centuries of poverty should be supported by the United States and not unfairly singled out for punitive treatment.

I was delighted and gratified that the House Ways and Means Committee rejected proposals to tax proceeds of tribal commercial enterprises. If enacted, it would have constituted a major reversal of federal Indian law and policy· and would have wiped out tribal economies which are only now for the first time in American history beginning to show signs of economic growth. It would have been ironic indeed were the Congress to have undermined its own thirty-year effort to effect economic and business development in Indian Country just as these efforts were beginning to show some signs of progress.

I would like to thank those on both sides of the aisle, Democrats and Republicans, who showed leadership in defeating this punitive action against tribes. To the 22 members who voted to reject federal taxation on American Indian tribal governments, I thank you for refusing to break faith with America's first peoples. Your vote serves to not only to reaffirm the solemn commitments this nation has made to American Indians, but reflects favorably on our nation as a whole. Great nations keep their word.

Interior Secretary Bruce Babbitt,' Attorney General Janet Reno, and Treasury Secretary Robert Rubin also deserve praise for defending the tribes' long-established position as members of this nation's Constitutional family. Tribes are governments and deserve to be treated as such. I am proud that the President and his Administration have demonstrated such a strong commitment to this principle.

I commend the following House members for their votes to reject tribal taxation: Rep. Xavier Becerra (CA); Rep Dave Camp (MI); Rep. Benjamin Cardin (MD); Rep. William Coyne (PA); Rep. Philip English (PA); Rep. William Jefferson (LA); Rep. J.D. Hayworth (AZ); Rep. Amo Houghton (NY); Rep. Nancy Johnson (CT); Rep. Barbara Kennelly (CT); Rep. Jerry Kleczka (WI); Rep. Sander Levin (Ml); Rep. John Lewis (GA); Rep. Robert Matsui (CA);Rep. Michael McNulty (NY); Rep. Richard Neal (MA); Rep. Jim Nussle (LA); Rep. Jim Ramstad (MN); Rep. Charles Rangel (NY); Rep. Pete Stark (CA); Rep John Tanner (TN); and Rep. Karen Thurman (FL).

Assistant Secretary for Indian Affairs Ada E. Deer on June 23 signed a preliminary decision that proposes extending Federal acknowledgment to the Match-e-be-nash-she-wish Band of Pottawatomi Indians of Bradley, MI. Assistant Secretary Deer said the petitioner meets all seven of the required criteria in the Code of Federal Regulations, Title 25, Section 83. 7, as modified by Section 83.8, and therefore qualifies for a government-to-government relationship with the United States.

The Match-e-be-nash-she-wish Band of Pottawatomi Indians (MBPI) now will be subject to a 180-day public comment period, after which the Bureau of Indian Affairs will issue a final determination. If this final determination also is positive, members of the tribe will be eligible for certain rights and benefits accorded tribes that have federal recognition. Currently there are 554 federally recognized American Indian and Alaska Native tribes.

The BIA's Branch of Acknowledgment and Research found that MBPI has been a predominantly Potawatomi Indian entity continuously since 1837 when two bands amalgamated on a 360-acre reserve known as the Griswold Mission, and now referred to as the Bradley settlement. The settlement is located 25 miles southeast of Grand Rapids, MI. The petitioner's ancestors participated as signatories of treaties in 1795, 1815, 1821, 1833, and 1855. The MBPI was named for Match-e-be-nash-she-wish, an ancestor who was a prominent 18th-century warrior in the Great Lake region. Currently more than two-thirds of the band's 140 members reside within 25 miles of the Bradley settlement.

The address of the tribe is 112 W. Superior Street, Wayland, MI 49348. The tribal representative is Bill Church, telephone (517) 627-0244.

Ada E. Deer, Assistant Secretary for Indian Affairs, condemned a provision in the Department of the Interior's Appropriations bill reported out on Friday, July 18, by the Senate Appropriations' Subcommittee on Interior. Section 120 of the bill would require a tribal government to waive its sovereign immunity before the tribe could receive Tribal Priority Account (TP A) funds. TP A funds are used by tribal governments to provide services to Indian children, the elderly and families, such as child protection, education benefits, and family support services. These funds are for many tribes the sole source of funds available to provide governmental services for their tribal members.

"I strongly oppose any amendment to the 1998 Interior Appropriations Bill which would diminish or extinguish Tribal sovereign immunity. This amendment, which provides for the waiver of tribal sovereign immunity is tantamount to termination of the tribe's governmental status." Ms. Deer, said. "This amendment flies in the face of longstanding federal policy, law, and federal courts' interpretation of treaties with American Indian Tribes."

During the formative years of the United States, the federal government recognized American Indian tribal governments as independent nations vested with all inherent powers of a sovereign nation. The recognition of Indian tribal sovereignty has remained a fundamental tenet of Federal Indian Policy. More than 160 years ago the United States Supreme Court re-affirmed this principle in Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832) when Chief Justice Marshall noted that [the dependent status of Indian tribal governments] does not strip them of their inherent sovereignty. This U.S. Supreme Court ruling has never been overturned and is currently the law of the land.

"The provision, waiving Indian tribal sovereign immunity in federal courts would create internal havoc within the 554 tribal entities presently federally recognized by allowing tribal members to circumvent tribal forums. Lawsuits by third parties also would place a tremendous burden on tribes and expose them to financial ruin. I have experienced the ravaging affects of termination first hand because my tribe - the Menominee Indian Tribe of Wisconsin - was terminated in the 1950s. Our people and tribal government were devastated. The Congress cannot allow this to happen to any tribal government in the 21st century." Ms. Deer said.

Three Denver based Offices of the Bureau of Indian Affairs (BIA) are assisting tribes to prepare for the 21st Century by providing access to state-of-the-art science in resource management. The Division of Energy and Mineral Resources, Geographic Data Service Center, and the Division of Forestry's Branch of Forest Resources Planning provide highly technical assistance and services to the Indian Community. "These offices offer the latest technology and software programs available. With the assistance of these offices participating Indian tribes have comprehensive data and sophisticated information management systems at their disposal to effectively manage their natural resources," Hilda Manuel, Deputy Commissioner of lndian Affairs said.

Tribes are increasingly recognizing the importance of these tools to achieve the goals of self-sufficiency and self-determination. Budget cutbacks require tribes to do "more with less" necessitating the use of advanced technologies such as spatial information systems. The primary challenge in using these tools is the technological complexities and computer skills and resources that are required. The Geographic Data Service Center meets this challenge by providing tribes the training, consultation services, support, and equipment access necessary to meet their goals.

"Through this direct technical assistance the Indian community has been able to negotiate mineral leases that have higher yields than non-Indian mineral owners on the average." Manuel said. "It is important for tribal governments to have the best data available regarding their natural resources to actively, and· intelligently manage their resources. The services that these offices offer to individual resource owners and Tribes are free of charge and designed to assist those with little or no technical expertise or computer experience."

The Division of Energy and Mineral Resources (DEMR) provides the best available technical and economic advice and assistance to Indian Mineral Owners. The Division's programs include (1) Native American Energy and Mineral Institute, (2) Mineral Assessment, (3) National Indian Energy and Mineral Resource Data Base, (4) National Indian Seismic Evaluation, (5) Outreach and (6) National Indian Oil and Gas Evaluation and Management System.

The Division of Forestry's Branch of Forest Resources Planning (BOFRP) is located in the same building and has established a partnership to share office infrastructure and communications with the DEMR. This Branch provides Bureau wide coordination, direction, and assistance in forest management planning activities e.g., forest inventories, analysis of data, forest management planning, and forest environmental assessments. This Branch maintains the National Indian Forestry Data Base and Continuous Forest Inventory (CPI) System which are invaluable management data resources for the Nation and participating Indian tribes.

The Geographic Data Service Center (GDSC) provides tribes with advanced spatial information processing capabilities such as, Geographic Information systems (GIS), Global Positioning Systems · (GPS), and satellite image mapping. These powerful tools are used to effectively manage natural resources and engineering level applications (i.e., road design and management) and are now being used to solve tough technical problems with real estate management in Indian Country.

"In order for the Indian community to be become more familiar with these services, there will be updates on each program area relative to their innovative initiatives and major accomplishments." Ms. Manuel said. A four part series focusing on each of the major BIA activities in Denver will appear in the Department of the Interior's People, Land and Water publication.

"Eight federally recognized Indian tribes and approximately 56,000 Indian people have been adversely affected by the recent disastrous weather in South Dakota," Ms. Deer said.

The Dakotas have been hit by freezing temperatures and record snowfall. Snow has drifted to as high as 15 feet in some areas closing all roads and stranding people in remote areas. "Mercifully, there has been only one reported Indian death as a result of this bad weather." Mr. Delbert Brewer, Area Director for the Aberdeen Area Office said.

The Bureau of Indian Affairs has been working around the clock to respond to this emergency. The Aberdeen Area Director has established a Disaster Team to respond to this crisis which is operating 24 hours a day to coordinate and direct BIA's efforts to assist tribes within their jurisdiction. In addition, a field coordinator has been dispatched to Pierre, South Dakota to directly assist in the coordination of the efforts of the State, National Guard and FEMA.

"Our crews are working 24 hours a day in two shifts in an attempt to open roads on the reservations to get food and water in," Mr. Brewer said. "At this juncture the main objective is to ensure that the basic needs of the people are met." In order to respond to this crisis, snow blowers were shipped in from the Billings Area Office. However, the Aberdeen Area is now experiencing difficulty getting adequate fuel for equipment, and keeping them maintained. "Extra costs for supplies and labor are being incurred by the Aberdeen Area which were not budgeted for," Deborah Maddox, Director of Tribal Services said. "But we will continue to support Aberdeen for as long as it takes to get the tribes out of this terrible situation."

"The BIA is diligently working on options which may provide additional assistance to meet increased costs caused by this storm," Ms. Deer said, "and we are committed to continue the cooperative and coordinated effort initiated by Aberdeen." Wind chill factors of -70 degree below zero have not helped the ground efforts. Snow blowers were directed to free those in need of medical attention first, but in some cases the critically ill had to be air lifted by National Guard helicopters to local hospitals. The BIA has established shelters close to emergency care units for those that require ongoing medical attention.

Ada E. Deer, Assistant Secretary for Indian Affairs, announced to day that the Cherokee Nation of Oklahoma will resume their Law Enforcement activities.

On April 22, 1997, the Bureau of Indian Affairs announced that at the request of the Cherokee Nation it was assuming the Law Enforcement function "until a determination was made that the imminent threat to the public safety no longer existed and that the nation was ready and able to assume control of the program once again." Since that date the Cherokee Nation has been working to resolve internal disputes and to ensure that its governmental functions could be properly administered. After reviewing the progress the Nation has made, the BIA determines that no imminent danger currently exists that would warrant the continued BIA Law Enforcement presence. Accordingly, at the request of Principal Chief Byrd the BIA will begin an orderly transfer of the Law Enforcement function to the Nation. This transfer will begin immediately.

"I commend the Cherokee Nation and the work everyone has done to being internal disputes to resolution." Ms. Deer said. "This demonstrates how Indian Self-Determination can work at the tribal government level. I wish the Nation much success in the future and commit to assist them in the future as required."

Assistant Secretary for Indian Affairs Kevin Gover today announced that $16.5 million will be distributed this month to 310 small and needy American Indian and Alaska Native Tribes to provide adequate funding for tribal governments and operations. Small and needy tribes are those that have less than $160,000 in annual funding and have 1,500 or fewer members enrolled. Tribes in Alaska must have less than $200,000 in annual funding to qualify.

"These funds will provide some of the neediest tribes with a critical economic boost to strengthen their governments and operations," Gover said. "These funds are by no means a cure-all, but will help small and needy tribes to create and maintain a basic government structure. We thank Congress for approving this important step to further Indian self determination and the government-to-government relationship." The distribution of the $16.5 million to the tribes' tribal priority allocations will ensure that all tribes receive at least $160,000 annually, which has been determined to be the minimum amount needed to fund a tribal government in the lower 48 states. The minimum amount in Alaska is $200,000.

This minimum funding initiative will be felt most strongly in Alaska, which has 209 small and needy tribes. Seventy-six small and needy tribes in California will receive the additional funds. Small and needy tribes in New York, Michigan, Minnesota, Oklahoma, Nevada, and Utah also will share in the distribution.

The Joint Tribal/Bureau of Indian Affairs/Department of the Interior Task Force on BIA Reorganization initiated the first small and needy tribes funding increase in 1994 with a report to Congress entitled "The Tribal Budget System - Preliminary Assessment of Most Needy Small Tribes." The task force's recommendation resulted in a FY 1995 appropriation of $2 million to 100 small and needy tribes. Congress also appropriated $4 million in FY 1997 that was shared by 160 of the 310 small and needy tribes. The Bureau considers this initiative as a high priority and continues to include funding requests for small and needy tribes in the annual budgets it presents to Congress.