OPA

Under Secretary of the Interior James A. Joseph today announced his decision to revoke the 1965 Secretarial notice which adopted the land use laws of the City of Palm Springs and the State of California for Indian lands on the Agua Caliente Reservation located within the city.

"It is my decision, after considering views submitted by both tribal and city representatives, to revoke the 1965 notice," Joseph said. "The Department will assist the Tribe in working out a solution to zoning of these lands, but will expect that the Tribe will have the principal responsibility in making decisions on all questions related to this matter."

In a letter to Mayor Russell J. Beirich of Palm Springs, Joseph said it is expected that the Tribe will attempt to work out a land use plan acceptable to both the city and the Tribe.

"Not withstanding the now well-established doctrine that state and local land use laws are inapplicable to Indian trust lands, we recognize that uses to which Indian lands are put will affect non-Indian lands," he said. "Uses by non-Indians will likewise affect adjoining Indian lands. Where land use effects are, as here, correlative, it is not reasonable in my view, to expect that only the City's laws be applicable."

Joseph said that it was the Department's understanding that regulation of fee lands within the reservation is not sought by the tribe.

Prior to making his decision, the Under Secretary met with the Agua Caliente Tribe April 18, 1977, to hear their views and with the Mayor and other representatives of Palm Springs on May 10, 1977.

Notice is being published in the Federal Register that about 35,000 acres of land within the boundaries of the Pine Ridge Indian Reservation in South Dakota has been declared excess by the Air Force, and administrative jurisdiction has been transferred to the Secretary of the Interior.

The land had been part of the Badlands Air Force Gunnery Range. It was formerly part of the reservation trust lands.

Certain portions of this land, formerly owned by individuals, may be repurchased by those persons according to provisions of Public Law 90-468. Such persons should file an application with the Bureau of Indian Affairs' Superintendent of the Pine Ridge Agency within one year from the date of publication of notice in the Federal Register.

It is expected that only a few persons will have the right to repurchase. Most of the land will be held in trust by the United States for the reservation's Oglala Sioux Tribe.

Secretary of the Interior Cecil D. Andrus announced today that he has decided to take no action on the proposed Navajo-El Paso/Consolidation Coal lease and mining plan until the royalty rate is renegotiated.

In a letter to Peter MacDonald, chairman, of the Navajo Tribal Council, Andrus said: "I have concluded that, as trustee, I cannot approve a lease which would return to the beneficiaries of the trust less than I would be required by law to charge for the trustee's, in this case the Nation's, identical resources."

The final environmental impact statement on the proposed coal lease on the Navajo Reservation in San Juan County, New Mexico, was issued May 18, 1977. The lease negotiated between the Navajo Tribe and a partnership composed of the El Paso Natural Gas Co. and the Consolidation Coal Co. calls for the mining of coal on 40,287 acres of the Reservation. The plan proposes. to remove by surface mining 677,940,000 tons of coal over the next 38 years.

Andrus said that a royalty rate of 12 1/2 percent is now mandated for Federal coal leases under the Federal Coal Leasing Amendments Act of 1975, as compared to an estimated rate of return on the Navajo lease of about 8 percent.

In his letter to MacDonald, Andrus said: "I realize that at the time you were first negotiating this lease that law had not yet been passed. However, it is now the law and in my opinion 12 1/2 percent should be the absolute minimum in any Indian land lease as well."

A complete financial analysis made by the Department's Bureau of Mines indicates a 12 1/2 percent royalty rate would yield a substantially higher return to the Tribe while providing an adequate return to the companies.

Under the terms of the original 1968 lease, the Secretary of the Interior has the authority to review and adjust the royalty terms at the end of 1978. "Were I to approve the proposed renegotiated lease, I would be forfeiting the opportunity to renegotiate for an additional five years," Andrus said.

Andrus called the labor agreement between the Tribe and the companies a great improvement. It was not a part of the Department's financial analysis of the lease because the Department believes that a strong labor agreement should be a non-negotiable accompaniment to any lease and should be external to negotiation of financial terms, Andrus said.

"Although we realize the importance of the $5.6 million advance royalty bonus payment, that must be considered in relation to the total needs of the Navajo Nation, and in light of the substantial benefit to be gained by negotiating a higher royalty, Andrus said. "The advance payment, although it may be delayed somewhat, can still be part of the lease.”

Interior Department Solicitor Leo M. Krulitz announced today that on June 29 the Department made a final recommendation to the Justice Department to bring actions on behalf of three Indian tribes to recover lands in New York State. The Justice Department has agreed to bring the suits. Two claims were first referred to Justice in 1975 and the third was initially referred in 1976.

The proposed suits would be similar to actions now pending on behalf of the Passamaquoddy and Penobscot Indians with regard to land claims in the State of Maine. The New York suits would be based on the view that the lands involved were ceded to the State in treaties not authorized or formally participated in by the United States as required by the Indian Non-intercourse Act of 1790. The suits would seek ejectment and damages against those persons claiming an interest in the lands.

The three tribes involved are: the St. Regis Mohawk Tribe with a land claim of about 10,500 acres; the Cayuga Tribe with a land claim of about 62,000 acres; and the Oneida Nation with a claim of about 200,000 acres.

"The position which we are now taking on behalf of the tribes is that, as a matter of law, the United States should pursue their claims," Krulitz said. "However, we realize that the filing of a complaint may have an adverse effect on land transactions in the claimed areas and meetings have been held with the tribes and representatives of New York State to discuss alternatives to litigation."

Krulitz said portions of the claims would be barred if suits aren't filed by Aug. 18. A bill is pending in Congress which would extend the deadline. "Extension of the deadline would provide time to see if some alternative other than litigation can be found to resolve these claims," Krulitz said.

The land claim areas are as follows:

Oneida:

The lands are generally located in Madison and Oneida Counties and border the southeast sector of Oneida Lake. Completely within the area are nine townships (Vernona, Vernon and Augusta Townships in Oneida County; Stockbridge, Oneida, Lennox, Lincoln, Smithfield, and Fenner in Madison County) and seven villages (Oneida Castle, Sherill and Vernon in Vernon Township; Oneida in Oneida Township; Munnsville in Stockbridge Township; and Canastota and Wampsville in Lennox Township). Parts of two townships (Sullivan and Cazenovia) and two villages (Chittenango and Cazenovia) are also within the area.

Cayuga:

The lands are generally a three-mile wide strip surrounding the northern half of Cayuga Lake. The boundary between Cayuga and Seneca Counties dissects the lake so that about half the lands lie in each county. The southeasterly portion of the town of Seneca Falls is within the area.

St. Regis Mohawk:

The lands lie in both Franklin and St. Lawrence Counties. They include the lands immediately on the East of the present eastern boundary of the reservation to the town of Fort Covington. Two square miles are included in the towns of Fort Covington and Massena. The triangular shaped area cutting the overall rectangular shape of the present reservation boundaries is involved, which includes the town of Hogansburg. Also included are the meadow lands along the Grass River and Barnhart and Baxter Islands in the St. Lawrence River.

William V. Battese, a member of the Prairie Band Potawatomi Indian Tribe of Kansas, has been named Superintendent of the Anadarko Indian Agency in Oklahoma, the Bureau of Indian Affairs announced today. His appointment is effective July 3.

Battese has been, since 1974, Assistant Area Director for Administration in the BIA's Portland, Oregon office. He succeeds Stanley Speaks who is now the Area Director at Anadarko.

A Navy veteran from World War II, Battese was Administrative Officer and Acting Deputy Area Director at Anadarko before going to Portland. He has worked with the BIA in South Dakota, Arizona and Utah. He was also an employee of the Navajo Tribe for seven years.

He is a graduate of the Haskell Indian School at Lawrence, Kansas.

The Anadarko Agency serves seven tribes

Regulations to extend the filing period for persons applying for membership on the roll of Grand River Ottawa Indians to be used for the distribution of more than $932,000 awarded by the Indian Claims Commission are being published in the Federal Register, the Bureau of Indian Affairs announced today.

In regulations published May 25, 1977 the deadline for filing was September 2, 1977. With the extension, the new deadline will be November 1, 1977.

Applications should be sent to the Superintendent of the Bureau of Indian Affairs, Michigan Agency, Sault Ste. Marie, Michigan 47983 Application forms may be obtained from the Superintendent.

Final regulations governing the preparation of a roster of those persons eligible to share on a $1.2 million judgment fund awarded by the Indian Claims Commission to the Confederated Tribes of the Warm Springs Reservation of Oregon are being published on the Federal Register Commissioner of Indian Affairs Morris Thompson announced today.

The award, to be distributed on a per capita basis represents additional compensation for the accession of and under an 1855 treaty.

According to the proposed regulations, only enrolled members of the Warm Springs Tribes who were living on February 8 1975 are eligible for enrollment.

Any member, however, who shared in the judgment fund awarded to the Malheur Paiute Indians is excluded from eligibility. So, also are any members who have received payments under the provisions of the Alaska Native Settlement Act or any other award of the Indian Claims Commission.

Secretary of the Interior Cecil D. Andrus today announced two top Indian Affairs appointments in the Department of the Interior.

George Vincent Goodwin, Jr., a member of the White Earth Chippewa Tribe now a Bureau of Indian Affairs Area Director at Minneapolis, was named Deputy Assistant Secretary for Indian Affairs, and Thomas w. Fredericks, a member of the Mandan-Hidatsa Tribe, was appointed Associate Solicitor for Indian Affairs.

"Mr. Goodwin and Mr. Fredericks have outstanding experience and background for the positions they will fill," Andrus said. "They are among the Nation's most highly qualified Indian leaders and I am pleased they will be with us."

Goodwin, 35, has been a BIA Area Director at Minneapolis since December 1975. He previously was Executive Director of the Minnesota Chippewa Tribe and then Director of the Indian Community Action Program at Bemidji State College, from which he graduated with a B. J,. degree in 1964.

He also attended the University of New Mexico, the University of South Dakota, and the University of North Dakota Law School. He was Director of the White Earth Community Action in 1965-66, a Program Analyst for the Office of Economic Opportunity 1966-67, and Director of the Leech Lake Community Action 1967-68.

Fredericks at present is Executive Director of the Native America Rights Fund, with which he has been associated since 1971.

The Associate Solicitor for Indian Affairs is the Department's principal lawyer who is responsible for legal matters involving Native Americans.

Fredericks, 34, graduated from the University of Colorado School of Law in 1972 and Minot State College in North Dakota with a Bachelor of Science degree in 1965. He was one of the original founders of the Native American Rights Fund, which has represented numerous Indian Tribes on major issues, including land claims of the Passamaquoddy and Penobscot Tribes in Maine.

Between 1970 and 1974, Fredericks was a management consultant to several Indian tribes and tribal organizations, and from 1966 to 1969 was Administrator of the Standing Rock Sioux Tribe at Fort Yates, North Dakota. Prior to then he was a high school teacher one year at Bowbells, North Dakota. A member of the Colorado State Bar, North Dakota State Bar, and American Indian Lawyers Association, Fredericks is married and has two children.

Secretary of the Interior Cecil D. Andrus said today that he was very pleased with President Carter's nomination of Forrest J. Gerard to be the first Assistant Secretary of the interior for Indian Affairs.

Andrus said that the Indian community had expressed strong support for Gerard, a member of the Blackfeet Tribe. "Forrest Gerard has proven himself an intelligent advocate of Indian causes as well as a outstanding executive in his work with the Senate Interior Committee staff, Bureau of Indian Affairs and the Indian Health Service," Andrus said. "I am delighted that he will be the Department's first Assistant Secretary for Indian Affairs."

As Staff Assistant for the Senate Subcommittee on Indian Affairs from 1971 through 1976, Gerard was involved in the development of the Indian Self-Determination and Education Assistance Act, the Indian Financing Act, the Menominee Restoration Act, the Indian Health Care Improvement Act and the legislation establishing the American Indian Policy Review Commission.

Gerard was Legislative Liaison Officer for the Bureau of Indian Affairs in 1966-67 and Tribal Relations Officer for the Indian Health Service from 1957 to 1965. Since 1976 he has represented a number of Indian tribes through his firm, Forrest Gerard & Associates.

Andrus said that the nomination culminated a selection process begun in February when he wrote tribal leaders to ask them to recommend persons "to head this Nation's highest post relating to Indian affairs."

The Secretary asked the Indian leaders to give reasons for their choices-­ keeping in mind that the person selected would have to be both the administrator of a large, complex organization and the strong voice in Washington of the Indian community.

Under Secretary James Joseph, who coordinated the selection process said that from about 40 different persons recommended, Andrus selected a small number with the greatest support combined with the best qualifications for special interviews. After further consultation with Indian leaders, the Secretary submitted his recommendation to the White House.

Gerard, a native of Browning, Montana, opened his own consulting office after leaving the Senate Subcommittee Staff in December 1976.

A graduate of Montana State University and a World War II Air Force veteran, Gerald worked for the Montana State Department of Public Instruction, the Montana Tuberculosis Association and the, Wyoming Tuberculosis and Health Association before coming to Washington in 1957 as Tribal Relations Officer for the Indian Health Service, HEW.

In 1965 Gerard was awarded a one-year Fellowship in Congressional Operations, sponsored jointly by the U.S. Civil Service Commission and the American Political Science Association. In 1966 he was named Legislative Officer for the Bureau of Indian Affairs.

Gerard, 52, received the annual Heller Award this year from the National Congress of American Indians (NCAI) for outstanding service to Indian people nationwide.

He also received in 1966 the Indian Achievement award presented by the Indian Council Fire, and the Superior Service Award of the Department of Health, Education, and Welfare.

Selections from a comprehensive paper on Indian affairs written in 1976 by Gerard have appeared recently in some Indian publications. The paper was entitled “Congressional Responsibility for American Indian Policy--History, is Current and Future Goals."

Gerard and his wife and five children reside in Bowie, Maryland.

The administration of the Intermountain Indian School at Brigham City, Utah, has been transferred to the Bureau of Indian Affairs' Phoenix Area Office, Commissioner of Indian Affairs Morris Thompson announced today.

The school, a residential high school, was formerly under the jurisdiction of the Navajo Area Office.

The administrative transfer reflects a change in the nature of the school, Commissioner Thompson said.

Intermountain was founded in the early 1950's to meet the need of over-age Navajo Indian students involved in a post-World-War-II educational boom on that reservation. It became, over the years, the largest high school in the BIA educational system, serving only Navajo students.

As additional school facilities were developed on the Navajo Reservation, the Navajo's need for this off-reservation school decreased.

In 1973 enrollment at the school was opened on a trial basis to members of other tribes. The school, which is in the geographical jurisdiction of the Phoenix Area Office, is being continued as an intertribal school.

The Navajo Area Office serves only the Navajo Tribe, the largest tribe in the Nation whose reservation embraces some 25,000 square miles in Arizona, New Mexico and Utah.