OPA

Under Secretary of the Interior James A. Joseph said today that Indian affairs are now a major priority within the Department of the Interior.

In an address before the National Tribal Chairmen's Association in Atlanta, Georgia, tonight, Joseph described five areas of concern to Indian people in which progress is being made in the Department: internal changes; the commitment to Indian self-determination; the approach to economic development on Indian reservations; the protection of Indian rights; and the development of Indian policy.

The Under Secretary's address was made in the course of a five day visit to Indian communities in Arizona, New Mexico, and North Carolina which began May 22 and concludes May 27.

Joseph said the reason the position of Assistant Secretary for Indian affairs is still vacant is because "we have not wanted to sacrifice the opportunity for a broad input from Indian country simply to get the selection completed quickly."

He added that it was also desired to appoint not simply a Secretary but a new team fully capable of dealing with all the complexities of both the political landscape and Indian advocacy.

“It is not enough," Joseph said "to simply appoint Indians to Indian positions. We intend to go one step further and place Indians in other areas of the Department which have been traditionally anti-Indian."

Highlights of Joseph's remarks include the following:

-- "I want all of you here tonight to know that Indian affairs are now a major priority in the Department of the Interior. I have personally had a lifetime commitment to the improvement of the quality of life for each and every American…and I brought that commitment with me to the Department of the Interior."

-- “We support the fundamental principles of the Indian Self-Determination and Educational Assistance Act. But we are also aware that the regulations that have been formulated to implement the Act are complex and cumbersome. It is our intention, therefore, to go forward with revisions in accordance with the suggestions we have received from many of you.

-- "As we move into the 'zero base' budget concept for Fiscal Year 1979 we are looking at a budget structure for the Bureau of Indian Affairs on a tribe by tribe rather than a program by program basis." --"The Department of the Interior will give priority to community development while not ignoring the important role of private entrepreneurial development."

-- "The new team in Interior is committed to the protection of your rights. Our decisions will be based on the concept of justice and equity rather than the political climate at a given moment."

-- "As you move forward on the road of self-determination and you assert rights to which you feel you are legitimately entitled, you will receive opposition from people who feel that the changes threaten their rights. But these fears can be overcome if you will take the time to explain your positions to the non-Indians who will be affected by them."

In the course of his visit to Indian areas, Joseph met with the Navajo-Hopi Relocation Commission, the BIA Joint Use Project Office in Flagstaff, Arizona, and with Hopi Tribal officials on the Hopi Reservation on May 23. He visited the Navajo Irrigation Project, proposed gasification sites, the Navajo Community College and other areas in New Mexico and Arizona May 24.

On May 25 he held meetings with Navajo Tribal officials and addressed the Navajo Tribal Council in Window Rock, Arizona, visited the Southwest Indian Polytechnic Institute and the All Indian Pueblo Council Cultural Center, and attended a reception by Americans for Indian Opportunity.

On May 27 he will meet with representatives of the Eastern Cherokee Tribe in Asheville, North Carolina.

Secretary of the Interior Cecil D. Andrus and Chairman of the Cheyenne River Sioux Tribe Wayne Ducheneaux jointly announced today that the Department of the Interior has agreed to adopt environmental regulations enacted by the tribe to govern mineral development and oil and gas leasing activities on tribal and allotted land within the tribe's reservation in South Dakota.

This will be the first time a tribe's environmental regulations will have been accepted in place of the Department's general regulations. The action parallels recent Interior acceptance of state mining and reclamation standards for mining activities on Federal lands in several western states.

"The agreement with the Cheyenne River Sioux Tribe" represents a significant advance in the United States' commitment to self-determination for Indian tribes," Secretary Andrus said.

He added that while the Bureau of Indian Affairs still has ultimate responsibility for insuring adequate protection of the environment in reservation mineral leasing activities, the new agreement allows the tribe to establish the standards to be enforced by the BIA, so long as those standards are no less stringent than existing Federal regulations.

Secretary Andrus and Chairman Ducheneaux noted that the agreement disposes of litigation brought by the tribe to compel compliance with tribal requirements in mining operations on allotted lands within the reservation, allotted lands are not tribally owned through within the reservation jurisdiction.

Under the new agreement, the Tribe will determine in the first instance whether proposed mineral leasing activity subject to BIA regulation complies with applicable tribal environmental standards, The Secretary will accept this tribal determination, providing he does not find it arbitrary and capricious.

Proposed regulations governing eligibility for preference in employment in the Bureau of Indian Affairs are being published in the Federal Register, Acting Deputy Commissioner of Indian Affairs Raymond V. Butler announced today.

The regulations define the term "Indian" for purposes of initial hire, promotions, transfers and all other appointments to vacancies in the Bureau.

Those persons entitled to Indian preference, according to the regulations are:

• Members of any recognized Indian tribe now under Federal jurisdiction;
• Descendants of such members who were, on June l, 1934, residing within the present boundaries of any Indian reservation;
• All others of one-half or more of Indian blood of tribes indigenous to the United States;
• Eskimos and other aboriginal people of Alaska; and
• For the next three years from the effective date of these regulations, a person of at least one-quarter degree Indian ancestry of a currently federally recognized tribe whose rolls have been closed by an Act of Congress.

The proposed regulations have a grandfather clause which protects all persons employed by the Bureau on the effective date of these regulations who received preference in any previous appointment. They will continue to be preference eligibles so long as they are continuously employed by the Bureau.

These regulations implement a long-standing Federal policy which was clarified and strengthened by a 1974 Supreme Court decision.

Comments should be sent within 45 days after publication to the Bureau of Indian Affairs, Division of Personnel Management, Washington, D.C. 20245 .

Secretary of the Interior Thomas S. Kleppe and officers of the Alaska Native Regional Corporation, Konaig, Inc., today signed an agreement which will facilitate the conveyance of more than one million acres of land to the Corporation and its associated village corporations under the Alaska Native Claims Settlement Act.

The agreement provides the mechanism for processing land selections in the Konaig region and effecting conveyance of the land despite litigation pending in court.

Secretary Kleppe said that he expects this agreement to serve as a pattern for similar agreements with other Alaska regional corporations. "It gives us a way to convey the land to the Alaska Natives without waiting for final adjudication of easement questions. It sorts out and preserves the rights of the Alaskan Natives and the Government, whatever the court should decide."

The Alaska Native Claims Settlement Act, enacted in 1971, provided for a cash settlement totaling about $1 billion, to be paid over a period of years, plus selection by the Natives of about 40 million acres of Federally owned lands in Alaska.

Koniag, Inc., is one of the 12 regional corporations, established under the Act, to share in the land distribution. Each of the regional corporations represent Native people with a common cultural heritage and common interests. Koniag, Inc., is composed of people from Kodiak Island and surrounding areas.

Secretary Kleppe said that the Arctic Slope Regional Corporation had signed an agreement in August to pave the way for beginning the conveyance of their land.

It is anticipated that the ten remaining corporations will approve agreements similar to the one signed today.

Dr. Robert Hall, Bureau of Indian Affairs Director of Special Education, has been elected Secretary/Treasurer of the National Association of State Directors of Special Education, Inc.

The Association is composed of people within state education agencies having statewide responsibilities for the education of exceptional children, both handicapped and gifted. The BIA's federal school system is considered for administrative purposes, comparable to a state system.

James Galloway, Executive Director of the association said in a letter to the Commissioner of Indian Affairs, that Hall's election, "reflects a recognition among the Directors of Special Education in all states and territories of the leadership role played by Dr. Hall in administering the educational programs for handicapped Native American children.

Hall has been in his present post since 1967. He was formerly with the Bureau for the Education of the Handicapped in the United States Office of Education (HEW). He is a graduate of Pepperdine University; he earned his masters at San Francisco State and his doctorate at George Washington University.

Hall's office is part of the BIA's Indian Education Resource Center in Albuquerque, New Mexico.

Notice is being published in the Federal Register that the deadline for comments on proposed regulations concerning the development of tribal water codes on reservations has been further extended to July 15, 1977, the Bureau of Indian Affairs. announced today.

The proposed regulations were published March 17, with 30 days allowed for review and comment, Subsequently, this period was extended to June 2.

The extension to July 15 is in response to requests from interested persons.

Comments on the regulations should be sent to the Bureau of Indian Affairs, Office of Rights Protection, Washington, D.C. 20245.

Alvin G. Picotte, a member of the Yankton Sioux Tribe, has been named Superintendent of the Flandreau Indian School, South Dakota, the Bureau of Indian Affairs announced today.

Picotte has been since 1973 an Assistant Principal in the Minneapolis Public Schools system.

A graduate of Northern State College, South Dakota, Picotte earned a Master's degree in Education Administration from the University of Minnesota in 1973. He began teaching at Aberdeen, South Dakota in 1964, He has experience in health education and vocational rehabilitation. He was also the guidance counselor for the Indian Upward Bound Program at the University of Minnesota.

Picotte is 36, His appointment is effective July 31.

A final environmental impact statement on a proposal to mine Crow Indian and state-owned coal from nearly 2,000 acres in south-central Montana has been prepared by the U.S. Geological Survey, Department of the Interior, and filed with the Council on Environmental Quality.

The statement discusses the environmental effects of a proposed expansion of Westmoreland Resources' existing Absaloka Coal Mine by 1,958 acres (792 hectares) in Crow Indian Ceded Lands in northern Big Horn County just north of the Crow Indian Reservation.

The 1.1 million acre (445,000 hectare) Crow Ceded Area was ceded to the U.S. Government by the Crow Tribe under a, 1904 act of Congress. Indians then living in the area were either allotted their land or reimbursed for it if they moved south to the Crow Indian Reservation. The land not allotted to Indians was opened to the general public for settlement, but the Federal Government retained coal and other mineral rights. In 1958, Congress restored to tribal ownership all of the vacant and undisposed ceded land, and mineral rights on these lands as well as on settled land were restored to the Crow Tribe.

The Crow Tribe now owns coal rights on about 150,000 acres (60,700 hectares) in the Ceded Area, and these rights are held in trust for the tribe and administered by the Interior Department's Bureau of Indian Affairs (BIA).

Westmoreland proposed to surface mine 190.6 million tons (172.9 million metric tons) of coal by 1997 from the proposed expansion area and 193 acres in the existing Absaloka Mine area, with a peak production of 10 million tons (9 million metric tons) per year from 1981 through 1995. Westmoreland owns surface rights and the Crow Indian Tribe the coal rights on 1,644 acres (665 hectares) of the expansion area and the State of Montana owns both the surface and coal rights on the remaining 314 acres (127 hectares).

The Absaloka Mine is about 26 miles (42 kilometers) east of Hardin, Mont., and 30 miles (48 kilometers) south of Hysham, Mont., in the drainage area of Sarpy Creek. The proposed expansion area is mostly to the east and southeast of the existing mine.

Westmoreland proposed to reclaim and revegetate the mined areas concurrently as mining activities proceed with a maximum of 110.5 acres (44.7 hectares) being disturbed each year.

Westmoreland Resources obtained coal leases from the Crow Tribe in 1972 on 30,876 acres (12,500 hectares) in the Ceded Area, and began operating the Absaloka Mine in 1974 under an approved plan for surface mining of 410 acres (166 hectares). This plan was covered in an environmental impact statement prepared by the BIA and filed with the CEQ in 1974. Subsequent Federal Court orders required the Interior Department to prepare a comprehensive environmental impact statement on the leasing of the Ceded Lands as well as separate environmental impact statements on each mining plan for tracts within those lease areas.

The BIA filed with the CEQ on Dec. 15, 1976, a final impact statement on the leases, and former Interior Secretary Thomas S. Kleppe approved the leases Jan. 19, 1977. The Absaloka Mine produced 4 million tons (3.6 million metric tons) of coal in 1976, and the coal in the approved mine area is expected to be exhausted in 1977. Westmoreland currently is committed to provide 5 million tons (4.5 million metric tons) of coal per year for electric power generation in Minnesota, Wisconsin, Illinois and Iowa.

Two major coal beds and two smaller beds would be surface mined by Westmoreland. The Rosebud-McKay coal bed is 30 to 35 feet (9.1 to 10.7 meters) thick and the top of the bed is from 70 to 135 feet (21.3 to 41.1 meters) below the land surface. The Robinson bed ranges from 17 to 23 feet (5.2 to 7 meters) in thickness and is from 150 to 270 feet (45.7 to 82.3 meters) below the surface. One of the small beds lies 20 to 30 feet (6.1 to 9.1 meters) above the Rosebud-McKay coal bed and the other is 5 to 10 feet (1.5 to 3 meters) below the Rosebud-McKay bed. The small beds are no more than 5 feet (1.5 meters) thick.

Crow Indians have preferential employment rights in the Westmoreland mining operations involving coal owned by the tribe. The Absaloka Mine now employs 110 persons, including 53 Crow Indians. Employment would rise to 210 workers by the time peak production would be reached in 1981.

A summary included with the final statement listed the following environmental impacts of the proposed mining plan:

The existing land surface, vegetation and all aquifers above the base of the Robinson Coal in the proposed mine area would be destroyed.

• Wildlife habitats would be disrupted until disturbed areas were revegetated and human intrusions terminated.
• Ground and surface water quantity and quality, livestock grazing, scenic views and open space qualities would be degraded and restricted until revegetation was successfully completed.
• Dust and noise would be increased locally until recontouring and revegetation were successfully completed.
• Livestock and wildlife forage would be reduced until revegetation was successful.
• Employment for the Crow Indians and other citizens of Big Horn County would be increased.
• Tax and royalty income for the Crow Tribe, the State of Montana and Big Horn County would be increased.

Copies of the final statement are available for public review at the OSGS Public Inquiries Office, 1012 Federal Building, 1961 Stout St., Denver, Colo.; USGS Library, Denver West Office Park, Building 3, 1526 Cole Blvd., Golden, Colo.; USGS Library, Room 4A100, USGS National Center, 12201 Sunrise Valley Drive, Reston, Va.; U.S. Bureau of Indian Affairs, Billings Area Office, 316 North 26th St., Billings, Mont.; Office of the Superintendent, Crow Agency, Mont.; Billings Public Library, 510 N. Broadway, Billings, Mont.; Library, Eastern Montana College, Billings, Mont.; and Big Horn County Library, 419 N. Custer Ave., Hardin, Mont.

A limited number of single copies of the statement are available from the USGS Public Inquiries Office, 1012 Federal Building, 1961 Stout St., Denver, Colo. 80202; and from the U.S. Geological Survey, Land Information and Analysis Office, Environmental Impact Analysis Program, Stop 602, Denver Federal Center, Box 25046, Lakewood, Colo. 80204.

The Department of the Interior announced today that it plans to distribute more than $14 million to the Absentee Delaware Tribe of Western Oklahoma and the Cherokee Delaware Tribe of Oklahoma on September 15, 1977.

The money was awarded to the Delawares by the Indian Claims Commission as compensation for land taken by the United States in violation of an 1854 treaty.

The two tribes have requested an immediate distribution of the funds and have initiated mandamus litigation to this end. Under Secretary of the Interior James A. Joseph said that the September 15 date was chosen because "Members of Congress have requested time for consideration of proposed legislation now pending before Congress to include a third group of Delaware Indians in the distribution of the funds."

A recent Supreme Court decision upheld the constitutionality of an Act of Congress under which the Absentee and Cherokee Delawares are to receive the funds, but it also stated that Congress could change the distribution act to include the third group, the Kansas Delawares.

Under Secretary Joseph said that the Department would modify its plan for the distribution of the funds to accord with any forthcoming court order or amendment of the act.

Proposed regulations establishing procedures and policy for determining whether an Indian group is a federally recognized Indian tribe are being published in the Federal Register, the Bureau of Indian Affairs announced today.

The proposed regulations have been developed to enable the Secretary of the Interior to review objectively the increasing number of petitions submitted by Indian groups requesting Federal recognition. The regulations do not apply to any group which has already been acknowledged by the Secretary as constituting a federally recognized Indian tribe.

The regulations provide 10 criteria which are to be considered in judging whether a petitioning group is a federally recognized Indian tribe.

Comments on the proposed regulations should be sent within 30 days of publication to the Director of Indian Services, Bureau pf Indian Affairs, Washington, D.C. 20245.