OPA

A new federal framework to assist American Indian and Alaska Native communities in achieving their goals in the prevention, intervention, and treatment of alcohol and substance abuse was announced today by the U.S. Department of Health and Human Services (HHS) Secretary Kathleen Sebelius, Department of the Interior (DOI) Secretary Ken Salazar, and Attorney General of the United States Eric Holder.

The framework, captured in a Memorandum of Agreement (MOA) signed by Secretary Sebelius, Secretary Salazar, and Attorney General Holder was published in the Federal Register today - http://www.gpo.gov/fdsys/pkg/FR-2011-08-05/pdf/2011-19816.pdf. It was called for in the Tribal Law and Order Act of 2010, which President Obama signed into law in July 2010.

The MOA describes how the Office of Indian Alcohol and Substance Abuse established in HHS’ Substance Abuse and Mental Health Services Administration (SAMHSA) http://www.samhsa.gov/tloa will coordinate tribal substance abuse programs across the federal government with a special emphasis on promoting programs geared toward reaching youth and offering alternatives to incarceration.

“Alcoholism and addiction are among the most severe public health and safety problems facing American Indian and Alaska Native people,” said HHS Secretary Sebelius. “It doesn’t have to be this way. With help that is based in the rich Indian culture these conditions just like other heath conditions can be successfully prevented and treated.”

“There is a clear need to align, leverage, and coordinate federal resources so that we can best support tribal efforts to build healthy and safe communities,” said Secretary Salazar. “This new office will serve as the federal focal point for this critically important work.”

“A truly holistic approach is necessary when addressing substance abuse in Indian Country because we know that where alcohol and substance abuse are prevalent, public safety concerns are similarly prevalent,” said Attorney General Holder. “This new office will help further the commitment of the Justice Department and our partner agencies to build and sustain safe, secure, and healthy tribal communities.”

An interdepartmental coordinating council will guide the overall direction of the new federal effort to improve its work with tribal communities beginning with determining the scope of the problem -- identifying and assessing national, state, tribal, and local alcohol and substance abuse programs and resources; and creating standards for programs.

SAMHSA Administrator Pamela S. Hyde, J.D. said, “The collaboration among agencies and departments that got us to this announcement today is already paying off. Our work with tribal communities has resulted in a new $50 million budget proposal in 2012 for Tribal Prevention Grants, better understanding of law enforcement and judicial training needs, and serious new work and investments in suicide prevention in Indian country.”

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SAMHSA is a public health agency within the U.S. Department of Health and Human Services. Its mission is to reduce the impact of substance abuse and mental illness on America’s communities.

WASHINGTON – Assistant Secretary-Indian Affairs Larry Echo Hawk and his principal deputy assistant secretary, Donald “Del” Laverdure, today announced that they have signed a Memorandum of Understanding (MOU) with Harvard University’s Project on American Indian Economic Development whereby DOI and Harvard will collaborate on promoting tribal economic development through research, outreach and leadership education. The MOU was finalized July 12, 2011.

“Through this memorandum of understanding with the world-renowned Harvard Project on American Indian Economic Development, DOI has access to the best possible minds and expertise in the field of creating and promoting self-sustaining tribal economies,” Echo Hawk said.

“It will be the tribes who benefit from the creativity of this collaborative partnership, and they will reap the rewards of its efforts,” said Laverdure. “We are confident that the outcomes of this collaboration will spur greater economic activity and increase employment in all areas of Indian Country.” DOI and the Harvard Project have identified areas of possible collaboration:

• Research efforts that focus on improving economic opportunities in tribal communities, that facilitate tribal development of the legal and political infrastructure that will promote economic development in tribal communities, and that address disparities in economic indicators.
• The identification and development of outreach efforts having high potential impact on economic development initiatives in tribal communities, the capacity of those communities to promote economic development, opportunities for productive research and curriculum programs on economic development and tribal government management.
• Expanded outreach and recruitment opportunities for graduate education at Harvard University and its allied organizations in leadership, management and other professional fields relevant to Indian Country economic development policy, as well as the orientation and training of DOI and Indian Affairs managers to foster a climate of economic growth in tribal communities.

In addition to Echo Hawk and Laverdure for the DOI, the signatories to the MOU from Harvard University are Kennedy School of Government Dean David Ellwood and Harvard Project Director Joseph P. Kalt.

Founded in 1987, the Harvard Project on American Indian Economic Development is housed within the Malcolm Wiener Center for Social Policy at the John F. Kennedy School of Government, Harvard University. Through applied research, teaching and service, the Harvard Project aims to understand and foster the conditions under which sustained, self-determined social and economic development is achieved through American Indian nations. The Project’s core activities include research, advisory services, mid-career executive education, and the administration of a tribal governance awards program. For more information about the Harvard Project, visit http://hpaied.org.

The Assistant Secretary-Indian Affairs discharges the duties of the Secretary of the Interior with the authority and direct responsibility to strengthen the government-to-government relationship with the nation’s 565 federally recognized tribes, advocate policies that support Indian self-determination, protect and preserve Indian trust assets, and administer a wide array of laws, regulations and functions relating to American Indian and Alaska Native tribes, tribal members and individual trust beneficiaries. The Assistant Secretary oversees the Bureau of Indian Affairs and the Bureau of Indian Education. For more information, visit www.indianaffairs.gov. The DOI-IA-Harvard MOU document may be viewed by clicking on the following URL: http://www.indianaffairs.gov/idc/groups/public/documents/text/idc014780….

WASHINGTON – Assistant Secretary-Indian Affairs Larry Echo Hawk will participate in a ribbon-cutting ceremony and speak at the official opening of the replacement Rough Rock Community School on Monday, August 15, 2011.

Echo Hawk will be joined at the event by Bureau of Indian Education (BIE) Deputy Director, School Operations Bart Stevens; Indian Affairs Office of Facilities, Environmental and Cultural Resources Director Jack Rever and Office of Facilities Management and Construction (OFMC) Deputy Director Emerson Eskeets.

The replacement project, which included the school’s academic building, dormitories and other facilities, was completed in two phases by the OFMC with funding from the American Recovery and Reinvestment Act of 2009 (ARRA).

This will be the Assistant Secretary’s second visit to the school. In September 2009, he participated in a groundbreaking ceremony for Phase II of the project. ARRA funds were used in Phase I to construct a replacement K-8 dormitory for residential students and in Phase II for a replacement K-8 academic building, two dormitories (for K-8 and high school students), a kitchen and dining facility, a bus garage maintenance shop and a transportation office.

The Rough Rock Community School is a BIE-funded K-12 grant school located 35 miles northwest of Chinle, Ariz., on the Navajo Nation reservation. First named the Rough Rock Demonstration School, it opened in 1966 as the first American Indian-operated, and first Navajo-operated, school within what was then the Bureau of Indian Affairs school system. That school system is now administered by the BIE.

WHO: Larry Echo Hawk, Assistant Secretary-Indian Affairs, DOI Jack Rever, Director, Indian Affairs Office of Facilities, Environmental and Cultural Resources, DOI Emerson Eskeets, Deputy Director, Office of Facilities Management and Construction, OFECR, DOI Bart Stevens, Deputy Director-School Operations, Bureau of Indian Education, DOI

WHAT: Assistant Secretary Echo Hawk will participate in a ribbon-cutting ceremony and speak at the official opening of the Rough Rock Community School’s new replacement academic buildings, dormitories and other facilities.

WHEN: Monday, August 15, 2011, 8:00 – 9:30 a.m. (local time)

WHERE: Rough Rock Community School, P.O. Box 5050 – PTT, Chinle, Ariz. 86503 Driving Directions: Starting Point – Chinle, Ariz.: 1) Take Hwy 191 North towards Many Farms (approximately 13 miles). 2) Take Hwy 59 West approximately 13 miles to HC-61. 3) Turn left onto HC-61 and follow signs to Rough Rock Community School.

CREDENTIALS: This invitation is extended to working media representatives who are required to display sanctioned media credentials for admittance to this event. Please arrive thirty minutes before the event.

WASHINGTON – Assistant Secretary-Indian Affairs Larry Echo Hawk today celebrated the opening of the new educational facilities at Rough Rock Community School, noting the high-tech, culturally sensitive buildings and classrooms will better serve students and teachers on the Navajo Nation reservation in Arizona. Following his participation in a ribbon-cutting ceremony at the official opening of the Rough Rock Community School’s new replacement school facilities, Echo Hawk spoke to attendees about the significance of the occasion.

“Two years ago, I was here to help break ground on the Rough Rock Community School replacement project, and today I am gratified at the results,” Echo Hawk said. “Rough Rock students, teachers and staff can now work in greener, spacious, more culturally sensitive and more technologically connected learning and living environments thanks to the American Reinvestment and Restoration Act.”

Echo Hawk was accompanied at the opening by Indian Affairs Office of Facilities, Environmental and Cultural Resources Director Jack Rever; Office of Facilities Management and Construction Deputy Director Emerson Eskeets; and Bureau of Indian Education Navajo Education Line Officer Gloria Hale Showalter.

This is the Assistant Secretary’s second visit to the school. In September 2009, he participated in a groundbreaking ceremony for Phase II of the project (the Phase I portion had begun at the start of his administration just three months earlier).

Today’s event follows one held August 9 to open replacement facilities at the Pueblo Pintado Community School, a BIE-operated off-reservation K-8 boarding school in New Mexico located west of the town of Cuba. Both schools are within the BIE school system. The replacement projects were undertaken by the Indian Affairs Office of Facilities Management and Construction with funding from the American Recovery and Reinvestment Act of 2009 (ARRA).

Opened in July 1966 as the Rough Rock Demonstration School, the RRCS, which is situated on adjoining campuses located 35 miles northwest of the town of Chinle, was the first Bureau of Indian Affairs school to be directly operated by American Indians themselves, as well as being the first Navajo-operated BIA school. The K-12 school, which currently serves approximately 440 day and residential students, is still a part of the Bureau school system, which is now administered by the BIE. The facility was included on the BIE’s Replacement School Construction Priority List published in the Federal Register on March 24, 2004.

The RRCS project was built in two phases using $3.9 million in appropriated monies for planning and design and approximately $56.1 million in ARRA funds for construction. Phase I, which started in June 2009, was the construction of a replacement K-8 dormitory for residential students. Phase II, which began in September 2009, replaced a K-8 academic building and two dormitories – one for 86 K-8 students and one for 102 high school students – along with a kitchen and dining facility. A bus garage/maintenance shop and a transportation office have also been added. The project, which was completed in just over two years, was developed to meet the U.S. Green Building Council’s Leadership in Energy & Environmental Design (LEED) Silver Certification criteria.

Pueblo Pintado was one of 12 schools on the BIE’s replacement priority list published on July 9, 2003. The new $34.6 million campus will serve 387 students in a 71,000 square foot replacement school and a 21,000 square foot dormitory. ARRA funds totaling $5.2 million were used to build a second dormitory. The new K-8 school has a ground source heat pump, closed loop heating and cooling system, and a honeycomb-shaped roof-top heat recovery unit to capture heat from air leaving the building and warm it as it enters the building.

In addition to using green design, materials and technology for the replacement structures, both the Pueblo Pintado and Rough Rock projects met ARRA’s requirements for being “shovel-ready” and creating jobs. The Office of Facilities Management and Construction (OFMC) estimates that both projects created 139 jobs.

The Assistant Secretary-Indian Affairs oversees the Bureau of Indian Affairs, which serves the nation’s 565 federally recognized American Indian and Alaska Native tribes, and the Bureau of Indian Education, which operates one of two federal school systems (the other is under the Department of Defense). The BIE funds 183 elementary and secondary day and boarding schools located on 64 federal Indian reservations in 23 states serving approximately 42,000 American Indian and Alaska Native students. The BIE also serves American Indian and Alaska Native post secondary students through higher education scholarships, and support funding to 26 tribal colleges and universities and two tribal technical colleges. It also directly operates two post secondary institutions: the Haskell Indian Nations University (HINU) in Lawrence, Kan., and the Southwest Indian Polytechnic Institute (SIPI) in Albuquerque, N.M.

WASHINGTON – Assistant Secretary-Indian Affairs Larry Echo Hawk today celebrated the opening of the new educational facilities at Rough Rock Community School, noting the high-tech, culturally sensitive buildings and classrooms will better serve students and teachers on the Navajo Nation reservation in Arizona. Following his participation in a ribbon-cutting ceremony at the official opening of the Rough Rock Community School’s new replacement school facilities, Echo Hawk spoke to attendees about the significance of the occasion.

“Two years ago, I was here to help break ground on the Rough Rock Community School replacement project, and today I am gratified at the results,” Echo Hawk said. “Rough Rock students, teachers and staff can now work in greener, spacious, more culturally sensitive and more technologically connected learning and living environments thanks to the American Reinvestment and Restoration Act.”

Echo Hawk was accompanied at the opening by Indian Affairs Office of Facilities, Environmental and Cultural Resources Director Jack Rever; Office of Facilities Management and Construction Deputy Director Emerson Eskeets; and Bureau of Indian Education Navajo Education Line Officer Gloria Hale Showalter.

This is the Assistant Secretary’s second visit to the school. In September 2009, he participated in a groundbreaking ceremony for Phase II of the project (the Phase I portion had begun at the start of his administration just three months earlier).

Today’s event follows one held August 9 to open replacement facilities at the Pueblo Pintado Community School, a BIE-operated off-reservation K-8 boarding school in New Mexico located west of the town of Cuba. Both schools are within the BIE school system. The replacement projects were undertaken by the Indian Affairs Office of Facilities Management and Construction with funding from the American Recovery and Reinvestment Act of 2009 (ARRA).

Opened in July 1966 as the Rough Rock Demonstration School, the RRCS, which is situated on adjoining campuses located 35 miles northwest of the town of Chinle, was the first Bureau of Indian Affairs school to be directly operated by American Indians themselves, as well as being the first Navajo-operated BIA school. The K-12 school, which currently serves approximately 440 day and residential students, is still a part of the Bureau school system, which is now administered by the BIE. The facility was included on the BIE’s Replacement School Construction Priority List published in the Federal Register on March 24, 2004.

The RRCS project was built in two phases using $3.9 million in appropriated monies for planning and design and approximately $56.1 million in ARRA funds for construction. Phase I, which started in June 2009, was the construction of a replacement K-8 dormitory for residential students. Phase II, which began in September 2009, replaced a K-8 academic building and two dormitories – one for 86 K-8 students and one for 102 high school students – along with a kitchen and dining facility. A bus garage/maintenance shop and a transportation office have also been added. The project, which was completed in just over two years, was developed to meet the U.S. Green Building Council’s Leadership in Energy & Environmental Design (LEED) Silver Certification criteria.

Pueblo Pintado was one of 12 schools on the BIE’s replacement priority list published on July 9, 2003. The new $34.6 million campus will serve 387 students in a 71,000 square foot replacement school and a 21,000 square foot dormitory. ARRA funds totaling $5.2 million were used to build a second dormitory. The new K-8 school has a ground source heat pump, closed loop heating and cooling system, and a honeycomb-shaped roof-top heat recovery unit to capture heat from air leaving the building and warm it as it enters the building.

In addition to using green design, materials and technology for the replacement structures, both the Pueblo Pintado and Rough Rock projects met ARRA’s requirements for being “shovel-ready” and creating jobs. The Office of Facilities Management and Construction (OFMC) estimates that both projects created 139 jobs.

The Assistant Secretary-Indian Affairs oversees the Bureau of Indian Affairs, which serves the nation’s 565 federally recognized American Indian and Alaska Native tribes, and the Bureau of Indian Education, which operates one of two federal school systems (the other is under the Department of Defense). The BIE funds 183 elementary and secondary day and boarding schools located on 64 federal Indian reservations in 23 states serving approximately 42,000 American Indian and Alaska Native students. The BIE also serves American Indian and Alaska Native post secondary students through higher education scholarships, and support funding to 26 tribal colleges and universities and two tribal technical colleges. It also directly operates two post secondary institutions: the Haskell Indian Nations University (HINU) in Lawrence, Kan., and the Southwest Indian Polytechnic Institute (SIPI) in Albuquerque, N.M.

WASHINGTON, D.C. -- On Thursday, August 18, Deputy Assistant Secretary-Indian Affairs for Policy and Economic Development Jodi Gillette and Bureau of Indian Affairs (BIA) Director Michael Black will attend the second regional government-to-government regional tribal consultation regarding the Trust Land Consolidation component of the Cobell Settlement.

BACKGROUND ON COBELL SETTLEMENT: The $3.4 billion Cobell settlement was approved by Congress on November 30, 2010 (Claims Resolution Act of 2010) and signed by President Obama on December 8, 2010. The Cobell Settlement will address the Federal Government’s responsibility for an historical accounting of Individual Indian trust accounts and trust mismanagement claims on behalf of more than 300,000 individual Indians. A fund of $1.5 billion will be used to compensate class members for their historical accounting, trust administration and asset mismanagement claims.

In addition, to address the continued proliferation of thousands of new trust accounts caused by the "fractionation" of land interests through succeeding generations, the Settlement establishes a $1.9 billion fund for the voluntary buy-back and consolidation of fractionated land interests. The land consolidation program will provide individual American Indians with an opportunity to obtain cash payments for divided land interests and free up the land for the benefit of tribal communities. Up to $60 million of the $1.9 billion will be set aside to provide scholarships for post secondary higher education and vocational training for American Indians and Alaska Natives.

WHO: Jodi Gillette, Deputy Assistant Secretary-Indian Affairs for Policy and Economic Development Michael Black, BIA Director Tribal Leaders from the Rocky Mountain and Great Plains regions

WHAT: Second Regional Tribal Consultation

WHEN: Thursday, August 18, 2011, Registration begins at 7am; meeting will start at 8:30 am (CDT).

WHERE: Mystic Lake Casino Hotel 2400 Mystic Lake Boulevard Prior Lake, MN 55372

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NOTE: All media must present government-issued photo I.D. (such as a driver’s license) and valid media credentials.

WASHINGTON, D.C.— Deputy Assistant Secretary-Indian Affairs for Policy and Economic Development Jodi Gillette and Bureau of Indian Affairs (BIA) Director Michael Black today were in Minneapolis, Minnesota for the second of six regional government-to-government tribal consultations regarding the Trust Land Consolidation component of the Cobell Settlement. The meetings with tribal leaders represent part of the Obama Administration’s commitment to reinvigorating nation-to-nation relationships with tribes.

“The consultations are providing important information on constructing an implementation strategy that will benefit tribal communities in addition to freeing up trust lands,” said Gillette. “I am pleased with the consultation process as it respects our government-to-government relationship with the tribes and I am pleased with the input from the regional Tribal Leaders.”

Today’s participants included leaders and representatives of a number of tribes from the Midwest Region and other Regions.

On May 27, 2011, U.S. Senior District Judge Thomas F. Hogan granted communication between representatives of the United States and Cobell class members only in regards to the Trust Land Consolidation component of the Settlement.

BACKGROUND ON COBELL SETTLEMENT:

The $3.4 billion Cobell settlement was approved by Congress on November 30, 2010 (Claims Resolution Act of 2010) and signed by President Obama on December 8, 2010. The Cobell Settlement will address the Federal Government’s responsibility for an historical accounting of Individual Indian trust accounts and trust mismanagement claims on behalf of more than 300,000 individual Indians. A fund of $1.5 billion will be used to compensate class members for their historical accounting, trust administration and asset mismanagement claims.

In addition, to address the continued proliferation of thousands of new trust accounts caused by the "fractionation" of land interests through succeeding generations, the Settlement establishes a $1.9 billion fund for the voluntary buy-back and consolidation of fractionated land interests. The land consolidation program will provide individual American Indians with an opportunity to obtain cash payments for divided land interests and free up the land for the benefit of tribal communities. Up to $60 million of the $1.9 billion will be set aside to provide scholarships for post secondary higher education and vocational training for American Indians and Alaska Natives.

The locations and dates for the remaining regional tribal consultations can be found at: www.doi.gov/cobell.

The Assistant Secretary-Indian Affairs discharges the duties of the Secretary of the Interior with the authority and direct responsibility to strengthen the government-to-government relationship with the nation’s 565 federally recognized tribes, advocate policies that support Indian self-determination, protect and preserve Indian trust assets, and administer a wide array of laws, regulations and functions relating to American Indian and Alaska Native tribes, tribal members and individual trust beneficiaries. The Assistant Secretary oversees the Bureau of Indian Affairs and the Bureau of Indian Education. For more information, visit www.indianaffairs.gov.

Washington, D.C. – Assistant Secretary of the Interior for Indian Affairs Larry Echo Hawk today issued decisions on four tribal gaming applications in California and New Mexico, determining that two of the proposed gaming sites meet the legal and regulatory requirements and two do not.

Assistant Secretary Echo Hawk determined that a proposed gaming facility in Yuba County, California would be in the best interest of the Enterprise Rancheria of Maidu Indians, and would not be detrimental to the surrounding community. He made a similar determination for the North Fork Rancheria of Mono Indians for a proposed gaming facility in Madera County, California.

“Our responsibility under the Indian Gaming Regulatory Act is clear: we must review each application on a case by case basis and determine whether it meets the standards outlined in law and regulation,” said Echo Hawk. “Following a careful and thorough review of the applications from the Enterprise Rancheria and the North Fork Rancheria tribes, I have determined that both tribes’ applications meet the strong standards under the law. Both tribes have historical connections to the proposed gaming sites, and both proposals have strong support from the local community, which are important factors in our review."

The Assistant Secretary also issued two negative decisions on other tribal gaming applications: one for the Guidiville Band of Pomo Indians in California, and the other for the Pueblo of Jemez, in New Mexico.

The Guidiville Band of Pomo Indians had sought to develop a gaming facility in Richmond California, more than 100 miles from its existing tribal lands in Mendocino County. The Pueblo of Jemez is located northwest of Albuquerque, and was seeking to develop a class III gaming facility nearly 300 miles away in Doña Ana County, near the New Mexico-Texas border.

“We have closely reviewed the proposals from the Guidiville Band of Pomo Indians and the Pueblo of Jemez and have determined that they do not meet the requirements under the law necessary for approval,” said Echo Hawk. “The Guidiville Band’s application did not satisfy many of the requirements to develop a gaming facility at that particular site. With the Pueblo of Jemez, we had significant concerns about the Tribe’s ability to effectively exercise jurisdiction over a parcel nearly 300 miles from its existing reservation.”

The Enterprise Rancheria of Maidu Indians is headquartered in Butte County, 36 miles from the proposed 40-acre gaming site. The North Fork Rancheria of Mono Indians is headquartered in Madera County, California, 36 miles from the proposed 305-acre gaming site. Both tribes submitted applications under the Indian Gaming Regulatory Act’s “Secretarial Determination” exception, which allows tribes to conduct gaming on lands outside of their existing reservation where the Department determines that it would be in the best interest of the tribe and its members, and not detrimental to the surrounding community.

Under the Indian Gaming Regulatory Act, the Governor of the State of California has one year to concur in the Assistant Secretary’s determinations on the Enterprise Rancheria and the North Fork Rancheria, before the parcels can be acquired in trust for each tribe to conduct gaming. If the Governor does not concur in the Assistant Secretary’s determination for each tribe, respectively, then that tribe may not conduct gaming on the proposed site.

The Guidiville Band sought to develop its facility under what is known as the Indian Gaming Regulatory Act’s “equal footing exception.” IGRA prohibits Indian gaming on lands acquired in trust after its enactment in 1988, unless one of three explicitly crafted exceptions applies. The “equal footing exception,” was intended to ensure that a number of tribes had an equal opportunity to pursue Indian gaming on their own lands as those tribes that had lands eligible for gaming in 1988.

Under one sub-category of this exception, a tribe must demonstrate both modern and significant historical connections to the proposed gaming site. The Guidiville Band failed to demonstrate that it had either a modern connection or a significant historical connection to the proposed gaming site in Richmond, California.

The Pueblo of Jemez was also seeking to develop its gaming facility under the Secretarial Determination exception. The Department did not issue a determination on whether the proposed gaming facility would be in the best interest of the Tribe, and not detrimental to the surrounding community. Instead, the Department notified the Tribe that it would not acquire the land in trust because of concerns about the Tribe’s ability to effectively exercise jurisdiction on the proposed gaming site.

For more information concerning each of these decisions please click on the following links:

Enterprise Rancheria of Maidu Indians

North Fork Rancheria of Mono Indians

Guidiville Band of Pomo Indians

Pueblo of Jemez

FACT SHEET: ENTERPRISE RANCHERIA POSITIVE SECRETARIAL DETERMINATION

Decision

• The Assistant Secretary – Indian Affairs has reviewed the Enterprise Rancheria’s off-reservation gaming application under the Indian Gaming Regulatory Act (IGRA) and determined that:
  • Gaming on the proposed site would be in the best interest of the Tribe and its members; and,
  • Gaming on the proposed site would not be detrimental to the surrounding community.
• The application now goes to the Governor of the State of California for concurrence in this determination. The Governor has one year to concur. Upon concurrence, the Tribe will be able to conduct gaming on the lands when they are acquired in trust.

Background

• The Tribe is located in Butte County, California (north of Sacramento), and has approximately 800 members. It currently has only 40 acres of land in trust, located in the Sierra Nevada foothills 21 miles east of the town of Oroville, CA. Those lands have been in trust since 1915 and are currently used for residential purposes. The Tribe also had an additional 40 acres of land in trust that were flooded for construction of a dam in the 1960’s.
• The Tribe is proposing to operate a gaming facility on 40 acres of land in Yuba County, California – 36 miles south of the Tribe’s headquarters in Oroville, and 54 miles from its existing trust lands (driving distance). The proposed gaming site is approximately 40 miles north of Sacramento, CA.
• The Tribe originally submitted its application in 2002. The proposed scope of the facility would include 1,700 machines, and an 8-story/170 room hotel.

Overview of Analysis – Best Interest Determination

• The gaming facility would result in annual net revenues of $46.2 million by year 7, with $19.3 million in cash available to the Tribe’s government in year 7.
• Revenues would allow Tribe to provide jobs to its members, increase its service-delivery to tribal members, and allow the Tribe to develop a land-base.
• The gaming facility would only be 36 miles from its government headquarters, allowing the Tribe’s government to exercise governmental power over the gaming site.
• The Tribe has a historical connection to the area around the Site, which has been recognized by the State of California and the Army Corps of Engineers (for purposes of repatriation of human remains and funerary objects).
• Development of gaming at the proposed site is an appropriate alternative to gaming on existing trust lands, which are limited (40 acres), difficult to access (narrow, dirt roads), difficult to develop (steep, uneven terrain), and currently used for tribal member housing.

Overview of Analysis – Not Detrimental to the Surrounding Community

• The Tribe has entered into a Memorandum of Understanding with Yuba County, which will require payments to the county to mitigate impact of gaming. Under this MOU, the County will receive $83 million over 20 years for various services.

• The Tribe has entered into a Memorandum of Understanding with the City of Marysville, which is the closest municipal government to the proposed gaming facility. Under this MOU, the City will receive $4.8 million over 15 years.

• The gaming facility would be located in a 900-acre area zoned for “Sports and Entertainment.” The original purpose of the property was for the construction of a NASCAR track and outdoor amphitheatre.

• The United Auburn Indian Community is also a “surrounding community” under IGRA, meaning that the Department must determine that the Enterprise Rancheria’s proposed gaming facility is not detrimental to the United Auburn Indian Community (Auburn).Auburn operates its own gaming facility in Lincoln, California – approximately 21 miles southeast. Any claimed historical connection to the area around the site is not exclusive of other tribes, and does not lead to a detriment.

• Auburn did not submit sufficient evidence showing that gaming on the site would be detrimental to its own community.

FACT SHEET: NORTH FORK RANCHERIA POSITIVE TWO-PART DETERMINATION

Decision

• The Assistant Secretary – Indian Affairs has reviewed the North Fork Rancheria’s off-reservation gaming application under the Indian Gaming Regulatory Act (IGRA) and determined that:
  • Gaming on the proposed site would be in the best interest of the Tribe and its members; and,
  • Gaming on the proposed site would not be detrimental to the surrounding community.
• The application now goes to the Governor of the State of California for concurrence in this determination. The Governor has one year to concur. Upon concurrence, the Tribe will be able to conduct gaming on the lands when they are acquired in trust.

Background

• The Tribe is located in Madera County, California (northeast of Fresno), and has 1,750 members. It currently has only 80 acres of land in trust, located in the Sierra Nevada foothills, 4 miles east of the town of North Fork, CA. Those lands are currently used for residential purposes.
• The Tribe is proposing to operate a gaming facility on 305 acres of land in Madera County, California – 36 miles southwest of the Tribe’s headquarters in North Fork, and 38 miles from its existing trust lands (driving distance). The proposed gaming site is approximately 30 miles north of Fresno, CA.
• The Tribe originally submitted its application in 2005. The proposed scope of the facility would include 2,500 machines, and a 200-room hotel.

Overview of Analysis – Best Interest Determination

• The gaming facility would result in annual net revenues of $53.8 million by year 7, with $19 million in cash available to the Tribe’s government in year 7.
• The gaming facility would allow Tribe to provide jobs to its members. More than 60% of tribal members live within 50 miles of the proposed site. Gaming revenues would allow the Tribe to increase its service-delivery to tribal members, and allow the Tribe to develop a land-base.
• The gaming facility would only be 36 miles from its government headquarters, allowing the Tribe’s government to exercise governmental power over the gaming site.
• The Tribe has submitted documentation demonstrating that it has a significant historical connection to the proposed gaming site, including the fact that the Site is within territory ceded by the Tribe’s predecessors by an ungratified treaty.
• Development of gaming at the proposed site is an appropriate alternative to gaming on existing trust lands, which are limited (80 acres), difficult to access (narrow, dirt roads), and currently used for tribal member housing. In addition, the Tribe’s existing trust lands are located near Yosemite National Park, and within the Sierra National Forest – making gaming on other lands an appropriate alternative.

Overview of Analysis – Not Detrimental to the Surrounding Community

• The Tribe has entered into a Memorandum of Understanding with Madera County, which will require payments to the county to mitigate impact of gaming. Under its MOU with Madera County, the Tribe will issue a one-time contribution of up to $17.9 million to mitigate potential one-time costs incurred due to the Resort. The Tribe will also make annual payments to Madera County and local foundations of up to $4.03 million.
• The Tribe has entered into a Memorandum of Understanding with the City of Madera, which is the closest municipal government to the proposed gaming facility. Under its MOU with the City of Madera, the Tribe will make a one-time contribution to the City of up $10.3 million to mitigate such potential one-time impacts as law enforcement expansion and road improvements. The Tribe will also make annual contributions of up to $1.075 million to mitigate recurring costs to the City as a result of the Resort.
• The gaming facility would be located in an undeveloped area, and the gaming facility footprint would only cover 55 acres of the 305-acre parcel, creating a buffer between adjoining properties.
• The Picayune Rancheria is not a “surrounding community” under IGRA, meaning the Department is not required to determine whether the North Fork Rancheria’s proposed gaming facility would be detrimental to the Picayune Rancheria. Despite not be required to do so, the Assistant Secretary did consider the Picayune Rancheria’s objections. AS-IA determined that Picayune’s existing gaming facility, more 30 miles from the proposed North Fork facility, has been successful in a competitive gaming market and the tribe would not suffer a detrimental impact.

FACT SHEET: GUIDIVILLE BAND OF POMO INDIANS NEGATIVE RESTORED LANDS DETERMINATION

Decision

• The Assistant Secretary – Indian Affairs and the Solicitor of the Department of the Interior have reviewed the Guidiville Band’s “restored lands” gaming application under the Indian Gaming Regulatory Act (IGRA) and determined that:
  • The Band does not have a modern connection to the proposed gaming site in Richmond, California; and,
  • The Band does not have a significant historical connection to the proposed gaming site in Richmond, California.
• The Assistant Secretary has disapproved the Tribe’s request for a positive Indian Lands Determination for a proposed gaming site in Richmond, California. The Tribe could amend its fee-to-trust application for a different purpose, or submit a new gaming application for other lands.

Background

• The Tribe is located in Ukiah, California (Mendocino County), and has approximately 113 members. The Tribe currently has land in trust in Ukiah, California, which is used for housing purposes.
• The Tribe is proposing to develop a class III gaming facility on 425 acres in Richmond, California at the former Point Molate Naval Fuel Depot. The proposed gaming site is located approximately 108 miles south of the Tribe’s headquarters.
• The Tribe was restored to recognition by a court approved settlement with the United States in Scotts Valley Band of Pomo v. U.S. in 1991. In 2008, the Office of the Solicitor issued a determination that the Tribe was a “restored tribe” for purposes of IGRA’s “restored lands” exception. The Tribe submitted its initial fee-to-trust application for the Point Molate site in 2004.

Overview of Analysis – No Modern Connection

• The Department’s Regulations allow a tribe to establish a “modern connection” through one of several ways: 1) the site is within a “reasonable commuting distance” from the tribe’s reservation; 2) the site is within 25 miles of the Tribe’s headquarters, which have existed for 2 years prior to the fee-to-trust application; and, 3) “other factors”
• The Tribe did not submit sufficient evidence that its site was within a reasonable commuting distance from its lands 108 miles away, in Ukiah.
• The Tribe’s headquarters within 25 miles of the site were not in existence for two years prior to its fee-to-trust application.
• The Tribe did not sufficiently demonstrate that other factors put the local community on prior notice of its presence in the area.

Overview of Analysis – No Significant Historical Connection

• The Department’s Regulations allow a tribe to establish a significant historical connection through two ways: 1) the site is within the Tribe’s former reservation under a ratified or unratified treaty; or 2) the Tribe submits historical documentation that it engaged in subsistence use or occupancy in the vicinity of the Site.
• In this case, the proposed gaming site is not located within the Tribe’s former reservation. The evidence in the Record also shows that the site is not even within the territory ceded in unratified treaties by the Tribe’s ancestors.
• The Tribe’s historical documentation falls far short of demonstrating continuous use and/or occupancy of lands in the vicinity of the proposed gaming site.
• The Tribe relies upon anecdotal evidence and presumptions relating to the larger Pomo cultural group, rather than historical evidence relating to its own predecessors, to support its claim of a “significant historical connection” to the site.

FACT SHEET: PUEBLO OF JEMEZ NEGATIVE FEE-TO-TRUST DECISION

Decision

• The Assistant Secretary – Indian Affairs has reviewed the Pueblo of Jemez’s off-reservation fee-to-trust application under the Indian Reorganization Act, and the Department’s fee-to-trust regulations, and determined that it will not acquire land in trust for the tribe for gaming purposes.

Background

• The Tribe is located in Sandoval County, New Mexico (northwest of Albuquerque), and has approximately 3,400 tribal members. The Tribe is one of 19 pueblos in the State of New Mexico and does not currently conduct any class III gaming.
• In 2004, the Tribe submitted an application to have approximately 70 acres of land in trust for gaming purposes in Anthony New Mexico, which is in Dona Ana County – 293 miles from its existing reservation. The Tribe is seeking a positive Secretarial Determination under IGRA’s “off-reservation” exception.
• The Tribe’s application was originally disapproved on January 4, 2008. The Tribe subsequently amended its application to address issues raised in that decision, and resubmitted its application.
• The Tribe proposes to develop a 103,500 square-foot class III gaming facility that would employ approximately 950 people. The Tribe also plans to develop a hotel on an adjacent 31.855-acre parcel that will continue to be held in fee simple, and will consist of approximately 90,000 square feet.

Overview of Analysis

• The Department’s fee-to-trust regulations, at 25 C.F.R. Part 151, require the Secretary to consider the purpose for which the newly-acquired trust lands would be used. The Tribe indicated that it would use these lands for class III gaming.
• IGRA requires a tribe to exercise “governmental power” over lands in order for them to be “Indian lands” eligible for gaming.
• The Tribe executed several intergovernmental agreements with local jurisdictions near Anthony, New Mexico, for the actual exercise of governmental power over the proposed trust lands.
• The Department’s fee-to-trust regulations require the Secretary to apply greater scrutiny to the Tribe’s justification of anticipated benefits from an acquisition as the distance between the tribe’s reservation and the land to be acquired increases.
• In this case, the Department applied the heightened scrutiny to the Tribe’s ability to actually control the exercise of governmental power over the proposed trust lands, and determined that the lands would not be subject to the Tribe’s exercise of governmental power.
• The decision also notes that the Tribe is unlikely to demonstrate a significant historical connection to the Site, which, when coupled with the great distance between the site and the Tribe’s reservation, would make it difficult to render a positive Secretarial Determination under our gaming regulations.

Washington, D.C.— On Friday, September 16, the Deputy Associate Secretary Meghan Conklin at the United States Department of the Interior, and Bureau of Indian Affairs (BIA) Director Michael Black, will attend the third regional government-to-government tribal consultation regarding the Trust Land Consolidation component of the Cobell Settlement.

BACKGROUND ON COBELL SETTLEMENT:

The $3.4 billion Cobell settlement was approved by Congress on November 30, 2010 (Claims Resolution Act of 2010) and signed by President Obama on December 8, 2010. The Cobell Settlement will address the Federal Government’s responsibility for an historical accounting of Individual Indian trust accounts and trust mismanagement claims on behalf of more than 300,000 individual Indians. A fund of $1.5 billion will be used to compensate class members for their historical accounting, trust administration and asset mismanagement claims.

In addition, to address the continued proliferation of thousands of new trust accounts caused by the "fractionation" of land interests through succeeding generations, the Settlement establishes a $1.9 billion fund for the voluntary buy-back and consolidation of fractionated land interests. The land consolidation program will provide individual American Indians with an opportunity to obtain cash payments for divided land interests and free up the land for the benefit of tribal communities. Up to $60 million of the $1.9 billion will be set aside to provide scholarships for post secondary higher education and vocational training for American Indians and Alaska Natives.

More information and materials can be found at www.doi.gov/cobell.

WHO: Megan Conklin, Associate Deputy Secretary, DOI Michael Black, BIA Director Tribal Leaders from the Northwest Region and Other Regions

WHAT: Third Regional Tribal Consultation on Cobell Trust Land Consolidation Program

WHEN: Friday, September 16, 2011 Registration will begin at 7:00AM PDT Consultation will begin at 8:30AM PDT

WHERE: Tulalip Resort Casino Orca 1 Room 10200 Quil Ceda Blvd Tulalip, WA 98271 Phone: 360-716-7162

NOTE: All media must present government-issued photo I.D. (such as a driver’s license) and valid media credentials

WASHINGTON, D.C.— Associate Deputy Secretary Meghan Conklin and Bureau of Indian Affairs (BIA) Director Michael Black today were in Tulalip, Washington for the third of six regional government-to-government tribal consultations regarding the Trust Land Consolidation component of the Cobell Settlement. The meetings with tribal leaders represent part of the Obama Administration’s commitment to re-invigorating nation-to-nation relationships with tribes.

“The consultations are invaluable sources of information that will help us construct a coordinated implementation strategy that benefits tribal communities,” said Conklin. “The consultation process reinforces our government-to-government relationship with the tribes, and discussions with regional Tribal Leaders are going well.”

Today’s participants included leaders and representatives of a number of tribes from the Northwest Region and other Regions.

On May 27, 2011, U.S. Senior District Judge Thomas F. Hogan granted communication between representatives of the United States and Cobell class members only in regards to the Trust Land Consolidation component of the Settlement.

BACKGROUND ON COBELL SETTLEMENT: The $3.4 billion Cobell settlement was approved by Congress on November 30, 2010 (Claims Resolution Act of 2010) and signed by President Obama on December 8, 2010. The Cobell Settlement will address the Federal Government’s responsibility for an historical accounting of Individual Indian trust accounts and trust mismanagement claims on behalf of more than 300,000 individual Indians. A fund of $1.5 billion will be used to compensate class members for their historical accounting, trust administration and asset mismanagement claims.

In addition, to address the continued proliferation of thousands of new trust accounts caused by the "fractionation" of land interests through succeeding generations, the Settlement establishes a $1.9 billion fund for the voluntary buy-back and consolidation of fractionated land interests. The land consolidation program will provide individual American Indians with an opportunity to obtain cash payments for divided land interests and free up the land for the benefit of tribal communities. Up to $60 million of the $1.9 billion will be set aside to provide scholarships for post secondary higher education and vocational training for American Indians and Alaska Natives.

The locations and dates for the remaining regional tribal consultations can be found at: www.doi.gov/cobell.

The Assistant Secretary-Indian Affairs discharges the duties of the Secretary of the Interior with the authority and direct responsibility to strengthen the government-to-government relationship with the nation’s 565 federally recognized tribes, advocate policies that support Indian self-determination, protect and preserve Indian trust assets, and administer a wide array of laws, regulations and functions relating to American Indian and Alaska Native tribes, tribal members and individual trust beneficiaries. The Assistant Secretary oversees the Bureau of Indian Affairs and the Bureau of Indian Education. For more information, visit www.indianaffairs.gov.