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Regulations to establish two Courts of Indian Offenses, one to serve the Eastern Cherokee Reservation in North Carolina and the other for western Oklahoma Indian tribes served by the Anadarko Area Office of the Bureau of Indian Affairs, are being published in the Federal Register, Interior Assistant Secretary Forrest Gerard announced today.

Recent Federal court decisions have had the effect of withdrawing State law enforcement and judicial services in these areas, leaving the tribes without any existing machinery for law enforcement. The new regulations will temporarily resolve this problem until the tribes have completed the establishment of their own tribal court systems.

The regulations are to be effective upon publication in the Federal Register.

Further information is available from Patrick A. Hayes, Judicial Services Officer, Office of Indian Services, Bureau of Indian Affairs, Washington, D.C. 20240 (202 343-7885).

Proposed regulations establishing procedures for Indian tribes seeking to form tribal constitutions or charters or make changes in existing ones are being published in the Federal Register, the Bureau of Indian Affairs announced today.

The purpose of the new regulations is to provide uniformity and order in holding elections, authorized by the Secretary of the Interior, to vote on constitutions and bylaws or charters. The proposed regulations will make this single set of regulations applicable to tribes, including those in Oklahoma and Alaska, row governed by three different sets of regulations, published and unpublished.

A significant change, introduced by the proposed regulations, is that petitioning by tribal members will no longer be recognized as a way to initiate a tribal reorganization. The process, under the proposed regulations, can only be initiated by a valid request from a tribe's governing body or a representative committee. The purpose of this change is to require tribal members to world through their government rather than around it. The petitioning process remains valid where tribal constitutions recognize it arid where the Indian Reorganization Act provides for it as the means whereby the Secretary of the Interior may be requested to issue a charter of incorporation.

Related proposed regulations, being published at the same time in the Federal Register., establish procedures for the formulation and submission of petitions in situations where this process is valid according to the tribal constitution or certain Federal statutes.

Comments on the proposed regulations should be sent within 30 days to the Office of Indian Services, Bureau of Indian Affairs, 18th and C Streets, N.W., Washington, D.C. 20240. For additional information contact Robert Farring at the above address (202-343-2511).

Interior Assistant Secretary Forrest Gerard announced today that an agreement has been reached with the All Indian Pueblo Council to transfer the senior high programs (10th, 11th and 12th grades) of the Albuquerque Indian School (AIS) to the campus of the Institute of American Indian Arts (IAIA) in Santa Fe.

Gerard said that the IAIA program would be continued at Santa Fe this year, under its own separate administration, for returning second year students only. This would allow the post-secondary school's students to complete their normal two-year program. No new students would be enrolled.

According to the agreement with AIPC, AIS programs for approximately 200 students in the 7th, 8th and 9th grades would remain at the Albuquerque campus this school year.

Gerard said that he would establish a review team to analyze the educational programs of the Institute and its future location.

The art institute, established in 1962, had been a high school with a post-secondary art program. The high school program, however, had been phased out and enrollment at the junior college level had remained low. This spring the school was operating at less than half of capacity with consequent high per student costs.

The Albuquerque Indian School, started in 1881, was operated by the Bureau of Indian Affairs as an off-reservation boarding school for Indians from various tribal groups, mostly from the Southwest. Since 1977 the school has been operated by the All Indian Pueblo Council under contract with the Bureau and has served a predominantly Pueblo student body. The buildings and facilities on the Albuquerque campus are generally quite old and would need replacement or renovation if the school were to continue operations there.

CORRECTION CORRECTION CORRECTION

The second paragraph of the press release issued July 11 announcing that the Institute of American Indian Art and the Albuquerque Indian School would share the facilities and campus at Santa Fe contained inaccurate information.

The Institute of American Indian Art will continue its normal two year postsecondary program in 1979-80 and will recruit and enroll new students as it has in the past.

Senior high school programs of the Albuquerque Indian School will be transferred to the Santa Fe campus. The two schools will maintain separate faculties and administrations

Interior Assistant Secretary Forrest Gerard has issued guidelines to the BlA's Minneapolis Area Director for dealing with certain issues raised by recent actions of the Red Lake Tribal Council.

Referring to the Council's removal from office of the elected tribal treasurer, Stephanie Hanson, Gerard stressed that he regarded "the matter as one that should primarily be resolved within the framework of tribal governmental processes."

Emphasizing that the Department of the Interior and the Bureau of Indian Affairs were committed to the concept of tribal self-government and allowing the internal processes of tribal government to work, Gerard said the maximum degree of tribal self-government will be realized only if all parties understand the basis and circumstances under which the BIA, on behalf of the United States, has a legitimate reason for becoming involved in tribal government actions.

In the Red Lake, Minnesota situation, where civil unrest this spring following tribal council action in removing the treasurer resulted in more than $4 million in property damage and loss of life, Gerard said the Department considers the Red Lake Band's Constitution, like other tribal governing documents, to be a delegation of authority from the people to those elected to govern the band.

Because of the government-to-government relationship between the tribe and the United States, the approval by the Secretary of the Interior on behalf of the United States of the band's constitution represents an agreement between the band and the U.S. And Gerard pointed out that this includes a provision that the exercise of tribal government authority shall not conflict with the band's constitution or existing Federal laws.

One of the Federa11aws is the Indian Civil Rights Act of 1968 and in the Martinez decision the Supreme Court ruled the Federal courts do not have authority to pass on the validity of a tribe's ordinance. Under Martinez individuals alleging violations of the ICRA by tribal governments cannot look to the Federal courts for relief. And as a matter of policy, Gerard said, the BIA will not provide a forum for individuals who allege violations of the ICRA by tribal governments. He said the policy 'as based on the fact that the Congress considered and rejected a proposal to provide administrative relief by the Department of the Interior and the fact that the Supreme Court in Martinez said: "tribal forums are available to vindicate rights created by the ICRA."

Gerard said when the BIA or the Department of the Interior has reason to believe that the tribal government may be acting in violation of its constitution, a decision must be made whether to become involved, when to become involved, how to evaluate the tribal action, and what to do to correct violations.

Gerard told the Minneapolis Area Director Ed Demery that the questions about Red Lake must be answered initially by the Bureau officials on the site.

He said the government's relationship with the Red Lake Band has been affected by the tribal council action in removing the treasurer, since the council has designated a new treasurer and asked the Bureau to recognize that person for the purpose of receiving tribal trust funds and for negotiating a P.L. 93-638 contract.

Gerard also instructed Demery to work with the Department's Field Solicitor to evaluate the action of the tribal council, to see if the governing body made a reasonable effort to comply with the terms of the constitution and whether the council action has a rational basis terms of the band's constitution.

If the BIA finds to its satisfaction that the tribal constitution has been violated by the council, Gerard said, as a matter of policy the Department and the Bureau are ready to impose whatever political and legal sanctions are at their command. He went on to say that it was not necessary to "exhaustively state what these sanctions are, but they include not recognizing the tribal governing body as being legitimately constituted."

Regulations governing the preparation of a Yurok Indian voting list are being published in the Federal Register, the Bureau of Indian Affairs announced today.

The regulations, establishing criteria and procedures for developing such a voter list, are a first step toward the election of an interim governing committee and subsequent organization of the Yurok Tribe.

Proposed regulations were published December 28t 1978 and again on March 6t 1979. I addition to the written comments received in response to these publications, four meetings on the regulations were held on or near the Hoopa Valley Indian Reservation in Northern California.

The Federal Register notice responds to objections received that the proposed action would constitute an interference in Short v. United States, litigation which involves the question of who is entitled to participate in the distribution of income from assets of the Hoopa Valley Indian Reservation.

The notice summarizes that "the benefits to be derived from the establishment of a Yurok tribal government are substantial and go far beyond the assets and issues before the Court of Claims.

"Decisions may be made by the tribe itself on such matters as tribal membership, management and utilization of resources, rehabilitation of reservation lands I and fish and game environments, tribal housing, economic development~ protection of children, education and participation in other Federal programs. "

The exercise of tribal sovereignty and jurisdiction on the reservation may also take place. These benefits are not the subject of the Short case and will not be affected by a decision of the court.”

The regulations will become effective 30 days after publication.

Further information may be obtained from the Bureau of Indian Affairs Area Director, 2800 Cottage Way, Sacramento, Calif. 95825, 916-484-4682 or the office of Indian Services, Bureau of Indian Affairs 19th and C Streets, N.W., Washington D.C. 20240, 202-343-2111.

Secretary of the Interior Cecil D. Andrus has announced the excavation of the 6.8-mile-long Buckskin Mountains Tunnel is expected to be completed on Thursday, May 24. The tunnel, located near Parker, Ariz., is a major feature of the Central Arizona Project.

The Buckskin Mountains Tunnel is a vital link in the 190-mile-long Granite Reef Aqueduct and the planned 58-mile-long Salt-Gila Aqueduct. They are to convey a yearly average of 1.2-million acre feet of Arizona's entitlement to Colorado River water into central Arizona. The water will come from Lake Havasu and supply the Picacho Reservoir in Pinal County, beginning in 1985.

The proposed Tucson Aqueduct, which will provide for the delivery of Colorado River water to Pima County and the Tucson metropolitan area, is scheduled for operation in 1987. Until then, these areas will continue to use surface waters as their primary water source. Growth in population and industrial and agricultural development has resulted in dependence on ground water as a second source of supply with depletion outpacing natural replenishment.

In February 1975, the Department awarded a $58 million contract to the J. F. Shea Company, Inc., of Walnut, Calif., for the construction of the Buckskin Mountains Tunnel, the largest single contract to date on the project.

The Shea Company employed machine-boring and lining the tunnel with precast concrete segments, the first time this construction method has been used on work being performed for the Bureau of Reclamation.

A TBM, or tunnel boring machine, built for the Shea Company by the Robbins Company of Seattle, Wash. began boring in May 1976.

Moving uphill about 5 feet in elevation each mile during its 6.8-mile trip from the tunnel outlet to the tunnel inlet, the TBM has literally ground out approximately 600,000 cubic yards of complex volcanic rocks.

The concrete lining erected immediately behind the TBM is composed of 28,500 quarter segments, 5 feet wide, weighing about 2 tons each. With the concrete lining in place, the inside diameter of the tunnel is 22 feet. It will carry up to 3,000 cubic feet of water per second..

The TBM progressed through the Buckskin Mountains ahead of its projected schedule. It advanced a record of 150 feet in one 24-hour period, and a total of 625 feet in one week during the summer of 1978.

Proposed regulations to establish rules and procedures for the conduct of an election of an interim Yurok Tribal governing committee are being published in the Federal Register, Forrest J. Gerard, Assistant Secretary Indian Affairs announced today.

Gerard said the action is in accord with his November 20, 1978, message to the Hoopa Valley and Yurok people and is intended as one of the first steps leading to participation by the Yurok Tribe in the management of the Hoopa Valley Indian Reservation.

The proposed regulations follow the final publication April 25, 1979 of regulations setting out voters' qualifications and establishing procedures for preparation of a Yurok voting list. They also indicate the duties and responsibilities of the committee.

The final publication on voting criteria clearly indicated in the commentary that this proposed action of assisting the Yurok Tribe to organize is separate from the Short Case and will not usurp the power of the court, Gerard said.

Comments must be received on or before 30 days following publication of the proposed rule. Written comments may be directed to:

Director, Office of Indian Services

Bureau of Indian Affairs

19th and C Streets NW

Washington, D.C. 20240

(202-343-2111)

A new Bureau of Indian Affairs Agency has been established at Hoquiam, Washington, to serve nine Indian tribes located on the Olympic Peninsula, Assistant Secretary --Indian Affairs, Forrest J Gerard announced today.

Gerard said the new agency will more effectively meet the increasing tribal requests for services to Olympic Peninsula reservations and will improve Bureau performance in meeting responsibilities under the provisions of the Indian Self-Determination and Education Assistance Act (P.L. 93-638).

In the past the Western Washington Agency, located in Everett Washington, has served 21 tribes in its geographic jurisdiction. Under the change announced today the Western Washington Agency will be renamed the Puget Sound Agency and will continue to serve 12 tribes in the Puget Sound Area. The agency in Hoquiam will be called the Olympic Peninsula Agency.

Gerard said the formation of the new agency will not result in any increase in personnel costs or space management and will result in a reduction in travel costs. He also said the reductions, through decreased personnel time in travel, will result in increased staff time in program management and services.

Prior to the establishment of the Olympic Peninsula Agency the BIA had maintained a sub-agency in Hoquiam and most of the personnel who will staff .the new agency already are located there.

The Bureau of Indian Affairs has named new Assistant Area Directors for community services and for economic development in its Phoenix office, Acting Deputy Commissioner Martin Seneca announced today.

LaFollette R. Butler, a Cherokee who has been functioning as Seneca's special assistant since October 1978, will be Assistant Area Director for Community Services. His appointment is effective July 1. His reporting date, however, will be dependent on his release from his Washington assignment.

William P. Ragsdale, Superintendent at the Uintah & Ouray Agency at Ft. Duchesne, Utah, will be the Assistant Area Director for Economic Development effective July 1.

Butler has been since 1969 Special Assistant to the Area Director in Phoenix. At various times he has served temporarily in very responsible roles. These have included assignments as Deputy Area Director, Director of the Central Office of Trust Responsibilities, Director of a special task force to implement the Indian Self-Determination and Education Assistance Act, and Deputy Commissioner of Indian Affairs.

An alumnus of the University of Oklahoma, Butler, 56, began his career with BIA in 1953. He received the Department of the Interior Meritorious Service Award in 1976.

Ragsdale, 32, is also a Cherokee. He has been at the Uintah & Ouray Agency since 1976.

A graduate of Central State College in Oklahoma, he started with the BIA as a teacher at the Concho Indian School in Oklahoma. He worked as a Tribal Operations Specialist at Muskogee. Oklahoma and Flagstaff. Arizona before coming to the Phoenix office in 1975 as a Superintendent Intern.

A former Captain in the U.S. Marine Corps, Ragsdale has done graduate work in social sciences at the University of Oklahoma and the University of Arizona.

Interior Secretary Cecil D. Andrus today announced he was cOITU11-itting the Department to participate in efforts for salmon rearing and other cooperative action to attempt to reverse the decline in the salmon and steelhead fisheries on the Klamath and Trinity Rivers in Northern California.

In a letter to Huey D. Johnson, Secretary for Resources in California Andrus said:

"Over the past year I have had the opportunity to review your proposals for cooperative efforts involving the Department, the California Resources Agency, Indians and other interested parties to restore the fishery resource and rehabilitate the watershed in the Klamath Trinity Basin.

“I am convinced that only through such cooperative action involving those interests can we hope to reverse the tragic decline in the salmon and steelhead fisheries, prevent further degradation of the habitat, and restore these resources to their former levels.”

Andrus noted that Johnson's efforts to obtain $250,000 in State funds for fiscal year 1979-80 to share in the costs of salmon rearing and watershed rehabilitation activities were indicative of Johnson's personal commitment to the protection of these valuable resources.

"I sincerely hope that the California legislature will now take the final steps necessary to insure these funds are provided in the State's budget," Andrus said.

The federal government's trust responsibility to the Indians of the Hoopa Valley Indian Reservation provide an additional incentive for participation by the Interior Department in the Klamath-Trinity salmon restoration program, Andrus said.

“I have committed the Department, he said, "to respond to the concern for the resources expressed by you, Indians of the Reservation, and others and to participate in the proposals for salmon rearing and watershed rehabilitation."

The Department has allocated $207,500 for fiscal year 1979 for initial salmon restoration activities, Andrus said. These funds will provide for construction and maintenance of salmon rearing ponds with a capacity for 400,000 juvenile salmon, help meet the costs of caring for the salmon at other fish-rearing facilities, and be used by the Indians of the Reservation to hire a biologist to assist them in determining the timing and size of the salmon runs.

The Interior Department published its 1979 regulations for fishing conservation on parts of the Klamath and Trinity Rivers in Northern California March 20. The regulations include a ban on Indian commercial fishing on the Hoopa Valley Indian Reservation and other measures designed to reduce fish harvesting.

This year's salmon runs are dangerously low as the result of the 1976 drought which has seriously affected fish runs from California to Alaska.