OPA

On April 25, 1996, President Clinton approved leg1siation extending the date that a Final Rule for the Indian Self-Determination and Education Assistance Act of 1975 (P.L. 93-638) be published in the Federal Register. The date required by the Indian Self-Determination Act Amendments of 1994 (P.L. 103-413) was April 25, 1996. This legislation provides for a 60-day extension and sets a new publication date of June 25, 1996 for a rule, Ada E. Deer, Assistant Secretary for Indian Affairs announced.

A Notice of Proposed Rule Making was published in the Federal Register on January 24, 1996 (61 F.R. 2038). This publication provided for a 60-day comment period which ended on March 25, 1996. Over 80 comments were received from the tribes and the general public.

"This extension will allow the BIA and IHS the time required to properly analyze the comments received," said Ms. Deer. "Now we can be assured that the necessary changes to this Rule are made in a considered manner without undue haste.

The BIA, IHS and tribal representatives will be making recommendations to the Secretaries of Department of the Interior and Department of Health and Human Services during this time. A Final Rule is expected to be published in mid-June 1996.

For further information on the joint regulation or the extension, contact Ms. Merry Elrod, IHS Office of Tribal Activities, (301) 443- 6958, or Mr. James J. Thomas, Division of Self-Determination Services, Department of the Interior, Bureau of Indian Affairs, Room 4627, 1849 C. Street, N.W., Washington, D.C., 20240, (202) 208-3708.

Ada E. Deer, Assistant Secretary for Indian Affairs announced today that a Notice of Advanced Rule Making was published in the Federal Register on May 10, 1996. This publication seeks comments on the Department's authority under the Indian Gaming Regulatory Act (IGRA) to promulgate "procedures" to authorize Class ill gaming on Indian lands when a sate raises an Eleventh Amendment defense to an action brought against it in federal court by an Indian tribe.

This Federal Register publication results from the recent Supreme Court decision in the Seminole Tribe of Florida v. Florida case (116 S. Ct. 1114 (1996)). The decision in this case held that Indian tribes could not sue a state in federal court without state consent. In accordance with the Indian Gaming Regulatory Act, Indian tribes were allowed to initiate a cause of action in federal court when a state refused to negotiate a compact in good faith. The Indian Gaming Act further provided that the Secretary of the Interior could prescribe procedures under which Indian gaming would be conducted in the event of continued impasse between an Indian tribe and a state.

Subsequently the Supreme Court granted petitions for writ of certiorari filed by four Indian tribes (Ponca Tribe of Oklahoma, Ft. Balknap Indian Community, Blackfeet Tribe, and Spokane Tribe of Indians), and remanded the cases for further consideration in light of their decision in the Seminole case. The question regarding the Secretary's authority to issue procedures remains unanswered by the Court.

The Notice of Advance Rule Making asks for comments on:

The effect of the Supreme Court's decision in Seminole Tribe on the operation of other provisions in 25 USC 2710(d)(7) when a state does not waive its 11th Amendment immunity to suit

Whether, and under what circumstances, the Secretary of the Interior is empowered to prescribe procedures for the conduct of Class III gaming when a state interposes an 11th Amendment defense to an action pursuant to 25 USC 2710(d)(7)(B);

What is an appropriate administrative process for the development of Secretarial procedures;

What procedures should be followed if a state interposes an 11th Amendment defense to an action filed under 25 USC 2710(d)(7)(B);

What procedures can be, and should be, utilized for determining legal issues that may be in dispute, such as the "scope of gaming permitted under state law. The scope of gaming issue arises when a state takes the position that it is not required to bargain with a tribe with respect to certain Class III games because IGRA docs not authorize such games on the ground that such games are not permitted by the state "for any purpose by any person,” 25 USC 2710(d)(l)(B);and

How any procedures promulgated by the Secretary may, and should, provide for appropriate regulation of Indian gaming.

"This is a very important matter for Indian tribal governments," said Ms. Deer. "I encourage all Indian tribes to provide comments so that the Department can make an informed decision regarding this matter."

Written public comment on this advance notice of proposed rulemaking must be received no later than July 1, 1996 to be considered. Comments should be sent to the; Department of the Interior, Bureau of Indian Affairs, c/o Mr. George Skibine, Director, Indian Gaming Management Staff, 1849 C Street, N.W., MS-2070 MIB, Washington, DC., 20240-0001, (202) 291-4066.

Secretary Bruce Babbitt announced today that the final rule to implement amendments to the Indian Self-Determination and Education Assistance Act will be effective on August 23. "This rule, developed with tribal governments, will promote Indian self-sufficiency by allowing tribes and tribal organizations to more easily contract from the federal government for services provided to their members," Secretary Babbitt said. President Clinton signed the Self-Determination Contract Reform Act in 1994 which authorized the e Departments of Interior and Health and Human Services to convene a rulemaking committee to negotiate implementing regulations with representatives of American Indian and Alaska Native tribes and tribal organizations. The committee included 48 tribal members, 9 Interior representatives and 6 Health and Human Services representatives, the largest rulemaking committee ever convened. The Committee completed its work in June, 1996, and achieved in just over one year consensus on virtually every rule to implement over two billion dollars in self-determination contracts funded by the Departments.

The final rule was published in the Federal Register on June 24, 1996. It standardizes requirements Indian tribes and the Departments must follow in applying for and operating Indian Self-Determination contracts and grants from the Departments of Interior and Health and Human Services.

The tribal co-chairs report on the process noted: "As a result of the rulemaking process, substantial trust and mutual understanding have developed between federal agency representatives and tribal representatives. This is because federal and tribal representatives on the committee have met as equals, reflecting a true government-to-government relationship between separate sovereigns."

Ada E. Deer, Assistant Secretary for Indian Affairs signed a final decision recognizing a separate government-to-government relationship between the Delaware Tribe of Eastern Oklahoma and the federal government.

A notice of a proposed decision to reconsider a 1979 determination that the Department of the Interior would engage in government-to-government relations with the Delaware Tribe only through the Cherokee Nation was published on June 27, 1996 (61 FR 33534). A comprehensive legal review conducted by the Division of Indian Affairs, Office of the Solicitor, concludes that the 1979 determination did not consider the entire relevant legal record and did not construe accurately the provisions of the 1866 Treaty with the Delaware and the 1867 Agreement between the Delaware and Cherokee.

Historically, the Delawares became divided into five groups: the Munsee Delaware; the Kansas Delaware; the Absentee Delaware; the main body of the Tribe which moved to the Indian Territory, now eastern Oklahoma, on lands belonging to the Cherokee Nation, Oklahoma, and later those who left Indian Territory and settled eventually in Idaho. The reconsideration of the 1979 determination deals with the main body of the Tribe -- the Delaware who moved to and remained in Indian Territory, Oklahoma.

In 1866, the United States entered into a treaty with the Cherokee and a separate treaty with the Delaware. The treaty with the Delaware, ratified July 26, 1866, (14 Stat. 793), provided for the sale of lands in Kansas in exchange for removal to a reservation of their own in Indian Country. They were guaranteed rights to participate in any general council or territorial government "that may be established for the nations and tribes residing in said Indian Country," and guaranteed peaceable possession. The United States then entered into a treaty with the Cherokee, ratified July 27, 1866 (14 Stat. 799). Article 15 of this Treaty allowed for two payments; one for preservation of their tribal laws, customs and usages not inconsistent with those of the Cherokee, and a second payment to settle within the Cherokee territory and become native Cherokees. The Delaware made these two payments and by this means preserved a right to be a separate tribal government entity.

The administrative practice of the Department of the Interior from 1866 - 1979 was to treat the Delaware as a separate tribe. The decision made in 1979 by the Acting Deputy Commissioner was a departure from this administrative practice and was made apparently without the knowledge that the Delaware had made payments in accordance with the 1866 Treaty to preserve their independent tribal government rights.

The decision to retract the 1979 determination is based on a comprehensive legal analysis of the pertinent treaties and agreements as well as a review of the Department of the Interior's administrative practice. In retracting the 1979 determination, the Delaware Tribe of Eastern Oklahoma, within the restraints imposed by federal law, will be considered a sovereign tribe and will have the same rights to demand consultation and contracting as other tribes. As a separate sovereign nation, the Delaware Tribe of Indians will have the same legal rights and responsibilities as other tribes, both in jurisdiction and as to its right to define its membership. This decision clarifies the government-to government relationship between the United States and the Delaware Tribe of Indians which was understood to exist before the 1979 determination. This decision is final for the Department and is effective immediately.

The Cherokee Delaware Tribe's address is, Cherokee Delaware Business Committee, 108 South Seneca, Bartlesville, Oklahoma 74003.

Ada E. Deer, Assistant Secretary for Indian Affairs announced that 177 federally-recognized tribes representing 18 tribal grantees are currently participating in a demonstration project that allows for the integration of the employment, training and related services provided by formula-funded programs from three federal agencies.

Since the enactment of this demonstration project job placements have significantly increased, and there has been a reduction in reporting requirements, in some cases, by approximately ninety-six percent. Federal funding in the amount of $17 million has been pooled by participating agencies for this demonstration project. "The 477 program, has been a great success and is an example of the Administration’s efforts to make government more responsive and flexible," Ms. Deer said. This program is authorized under P. L. 102-477 and is entitled the Indian Employment, Training and Related Services Demonstration Act of 1992.

The General Accounting Office (GAO) identified 154 various Federal work force development programs in their 1994 report to the Congress. Many of the 154 programs provide similar services to the same populations. The GAO concluded that:

Conflicting eligibility requirements and differences in annual operation cycles are hampering the ability of programs to provide participants needed services... Differences in eligibility criteria make determining who is eligible for which program a complex process that confuses clients and frustrates administrators.

"The 477 demonstration program changes all that,” Ms. Deer said. "Instead of operating 10 different federal programs, tribal governments now operate just one - commingling all federal funds. Instead of 10 separate tribal accounts, tribes only have one. Instead of 10 separate reporting requirements with 166 pages due quarterly, tribes now have only one annual reporting requirement."

"Some tribes initially expressed reservations due to funding transfer delays, or skepticism due to years of frustration. The same tribes now express their pleasant surprise because the 477 program has made it easier for staff at the tribal government level to do their jobs and to be more successful." Ms. Deer said. "The Cook Inlet Tribal Council increased their job placement from 500 the first year to 1,000 in the second year," Ms. Deer said.

All federally recognized Indian tribes are eligible to participate in this demonstration program that receives formula-funding for employment, training and related services from the Department of Labor's JTPA and Summer Youth Program., Department of Health and Human Services JOBS and Child Care programs, and BIA General Assistance, Tribal Work Experience, Adult Education, Adult Vocational Education, Johnson O'Mally and Direct Employment Programs.

For information about this program contact the Office of Economic Development, Division of Job Placement & Training, (202) 219-5270. Bureau of Indian Affairs, MS.-1458-MIB, 1849 C Street, NW, Washington, D.C. 20240.

Secretary of the Interior Manuel Lujan today announced the appointment of six private citizens as members of the Native American Graves Protection and Repatriation Review Committee "The committee faces a challenging set or tasks," Lujan said in making the appointments. "Among their duties, they must advise me on regulations needed to implement the Native American Graves Protection and Repatriation Act of 1990, and they will assist in the resolution of disputes caused by its requirements. This will require careful reading of the law and a willingness to listen to each side of an issue."

The appointees are:

Ms. Rachel Craig, an Inupiaq Native from Kotzebue, Alaska, who has been active throughout the state in efforts to save Native cultural traditions;

Dan Monroe, President of the Oregon Art Institute, Portland, who played a leading role for the American Association of Museums in development of the 1990 legislation;

Ms. Tessie Naranjo, a Santa Clara Pueblo from Espanola, New Mexico, active in cultural preservation at Santa Clara Pueblo and the collections manager for Pojoaque Pueblo;

Dr. Martin Sullivan, Director of the Heard Museum in Phoenix, Arizona, who has been active at the national and regional levels in repatriation issues;

William Tallbull, of Lame Deer, Montana, tribal historian for the Northern Cheyenne;

Dr. Philip Walker, a physical anthropologist in the Department of Anthropology, University of California at Santa Barbara, who also serves as chair of the Task Force on Repatriation of the Society for American Archaeology.

The committee will monitor, review and assist in implementation of certain requirements of the 1990 law. The statute requires that federal agencies and museums that receive federal funds inventory Native American remains and funerary objects in their collections and offer to repatriate those items to lineal descendants or culturally affiliated tribes or Native Hawaiian organizations. The law also provides additional protection for Native American graves on federal or tribal lands, and it includes a means for repatriating human remains or funerary objects recovered from such lands since November 1990. Appointees to the committee were selected from nominations the Secretary received from tribes, Native Hawaiian organizations, traditional religious leaders, and national museum and scientific organizations.

Interior's Assistant Secretary for Indian Affairs Eddie F. Brown said today the President's fiscal year 1993 Budget of $1.88 billion for the Bureau of Indian Affairs (BIA) will continue to strengthen the foundation established last year by President Bush and Interior Secretary Lujan to reform the delivery of key social, financial, and natural resource programs to American Indians.

"In continuing to reform the delivery of services for American Indians and Alaska Natives, this budget emphasizes and aids in the shift of responsibilities and resources from the BIA to tribes in order to provide them with the authority, flexibility, and resources to set and implement their own goals and priorities and directly administer Indian programs," Brown said.

"The President's 1993 Budget request sustains and augments by $15.3 million the Tribal Horizons initiative begun in 1992. It is designed to enhance self-determination, emphasize education and improve the management and accountability of the BIA.

The 1993 budget request for BIA contains increases that enhance the efforts already underway to support the goal of Indian Self-determination through economic development, self-governance and welfare reform. Self-determination allows each tribe to establish overall goals and plans, to make decisions on funding priorities, and to operate more programs under contracts, grants, self- governance compacts, or other financial arrangements.

The budget estimate for 1993 of $1.88 billion includes miscellaneous permanent appropriations, revolving funds and trust accounts. For BIA's operating programs, the 1993 budget request is $1.21 billion which is a decrease of $12 million from the comparable 1992 enacted amount.

A key element of the Tribal Horizons initiative is an emphasis on tribal self-determination and priority setting through the Indian Priority System (IPS) whose funding priorities for programs are set locally, at the reservation and agency level. The share of the IPS as a percentage of the total BIA budget will increase from 23 percent to 35 percent -- from $356.8 million to $488.1 million. The 1993 budget proposes to shift the Welfare Grant and Johnson O'Malley (JOM) programs into the IPS.

Moving the General Assistance program to the IPS will be combined with regulatory modifications to allow tribes to establish their own welfare approaches as is currently done by state governments. Based on the concept of government-to-government relationships and self-determination, individual tribes will be provided the opportunity to tailor welfare programs to their individual situations and objectives, rather than using the single nationwide approach.

Shifting the JOM program which funds supplemental education programs for Indian children in public schools to the IPS, will allow tribes in the future to set their own priorities among this program and all other programs on the IPS. Included in the total IPS funds request is $30.7 million for the self-governance compacts whereby the 16 participating tribal governments are afforded all feasible opportunities for the direct management and funding of programs administered by the Department which benefit their tribal members.

Programmatically, the IPS includes an increase of about $1.3 million which would be used for various programs such as law enforcement, social services, forestry, and other program priorities as determined at the local level.

The Self-Determination element of Tribal Horizons also includes increases for Indian Child Welfare grants and for an advisory board on BIA reorganization. The funds for Indian Child Welfare would continue to address the problem of child abuse and neglect in Indian country. The budget proposes to increase the Indian Child Welfare program by $1.7 million to $18.5 million. Continuing the initiative begun in 1992, funds will be distributed under a formula based on tribal population of children. Grant funds can be used for day care operations, parent training, legal representation of children, developing and implementing welfare codes, temporary child custody, and other intervention and prevention activities. An increase of $0.5 million would fund the annual costs of the Joint Tribal/BIA/Interior Advisory Task Force on BIA reorganization. In the past year, the Task Force has proved to be a highly effective forum for tribal leaders and Departmental officials to discuss BIA reorganization proposals.

Economic Development is a new category within Tribal Horizons. In large measure, it is an initiative being proposed within existing funding levels, but with a change of focus and greater concentration of BIA's relevant management resources, including loan programs, technical assistance, and job training. Major components of this initiative are:

• creation of a new Office of Economic Development in BIA within existing funds and an interagency work group to identify, coordinate, and develop Federal policies and programs throughout the Government that are or can be adapted to promote economic development of reservations;
• improving the administration of the Loan Guarantee program;
• making more extensive use of the Buy. Indian Act and exploring international and other promising market opportunities;
• targeting the BIA and other infrastructure programs within the Federal Government to promote economic development;
• providing technical assistance to improve Indian business decision-making and the reservation climate for business; and
• targeting job training to serve industry and market needs

Specific program elements include:

Indian Guaranteed Loan Program: This program is new to the Tribal Horizons initiative in the 1993 budget. The requested amount of $9.8 million will fund new loan guarantee commitments of $68.8 million in 1993, an increase of $12.4 million (+22 percent) over the amount funded in 1992. The BIA is emphasizing the Guaranteed Loan program and commercial lending by private banks as a means of financing more Indian enterprises and supporting Indian economic development. The BIA will continue to guarantee commercial loans at up to 90 percent of principal and, where necessary, provide interest subsidy payments for up to five years to encourage more lending by the private sector.

Technical Assistance to Indian Enterprises: This program is also a new addition to Tribal Horizons in 1993 and, along with Community and Economic Development Grants and the Guaranteed Loan program, will provide resources to encourage and support economic development in Indian country. The budget proposes an increase of $2.0 million for this program over the 1992 enacted level of $1.0 million. Indian tribes and individually owned businesses can use these funds to hire technical expertise to expand their capacities in areas important to their economic development efforts, such as business plans, accounting systems, obtaining financing, or market evaluations.

To complement the economic development initiative, the recently enacted Intermodal Surface Transportation Efficiency Act of 1991 (P.L. 102-240) more than doubles the amount of funding available to the BIA from the Federal Highway Trust Fund for road construction on Indian lands. In addition, BIA is permitted to use up to 15 percent of road construction funds for road sealing. A total of $1.114 billion is authorized between 1992 and 1997 for construction, with $159 million authorized in 1992 and $191 million authorized each year from 1993 through 1997. Road maintenance funding will continue at $29.3 million in 1993. These newly enacted authorization levels greatly expand BIA's road construction and sealing programs which were funded at $80.0 million and $11.4 million in 1992, respectively.

More than 31 percent of the President' 1993 Budget request for direct appropriations for BIA is tor it’s elementary and secondary education programs. The request increases basic school funding through the Indian School Equalization Program (ISEP) by $7.0 million for a total of $209 million; more than doubles the amount for Early Childhood Development to $6.3 million; increases the rehabilitation of BIA schools by $1.9 million for a total of 51.5 million and adds $1.7 million to initiate an Innovi1tive School Grants program.

Increases in the ISEP formula will be used to address projected increases in enrollment and school expansions. Funding for student transportation costs will increase by $1 million to a total of $20 million for the additional students and to cover increased rate-per-mile costs. One feature of the Early Childhood Development program is the training of parents to function as teachers of their preschoolers. For three-to-four-year olds, emphasis will be placed on preschool activities that enhance readiness for classroom education. Parents will attend parental skill classes or classes geared toward obtaining a GED diploma or meeting other adult education goals.

The $1.7 million for Innovative School Grants will be awarded to at least five American Indian schools in conjunction with their communities to create new partnerships among Indian communities, educators, tribal leaders, and entrepreneurs, and will emphasize innovative and proven strategies in the areas of learning and school organizations. BIA has a considerable backlog of repair work in its schools and the increase in this program to $51.l million will be used in its facilities improvement and repair program.

A requested increase of $6.7 million will assist the Bureau in continuing the significant progress improving its management and accountability. In September 1991, BIA successfully converted to a new accounting system. Special emphasis will continue to be placed on improving financial management, trust funds management, data processing, procurement, personnel, and other management problems. In the last year the BIA has reduced gross cash imbalances by $400 million, produced timely and internally consistent Treasury reports, implemented new internal control policies and procedures, and completed problem analysis studies pre1paratory to undertaking a variety of other corrective actions. $4.7 million of the increase will assist in · continuing to improve the management of the more than $2 billion in tribal and individual trust funds and to audit and reconcile the trust accounts.

The increases in the Operation of Indian Programs account are partially offset by reductions in natural resource development (-$20.9 million); trust responsibilities (-$4.5 million): and discontinuance of the Business Development Grant program (-$6.9 million). The first two reductions reflect a funding level insufficient to continue budget increases added by congress in FY 1992. The focus for economic development activities is being shifted from the grant program to the guaranteed loan program in order to make more use of private sector financing.

Funds are included in the construction account to complete the construction of the Pinon Community School Dormitory in Arizona which will house 500 students and to provide replacement classroom space for the Many Farms High School in Arizona. The construction account reflects decreases of $37 million below the FY 1992 level for irrigation project construction, $22.7 million for buildings and utilities, $6.5 million for the Housing Improvement program, and $12.4 million for road construction and maintenance. The reduction in road maintenance will be more than offset by the funds available to the Bureau of Indian Affairs from the Highway Trust Fund which allows the BIA to use 15 percent of the allocation from the Department of Transportation for road sealing projects.

A reduction of $55.9 million in the request for Miscellaneous Payments to Indians reflects the fact that full funding has been made available in prior years to complete the Federal Government's obligation in -funding several water rights settlement acts.

Included in the budget request is $31.7 million to meet the Secretary's obligations in various settlement agreements. These include: $8.0 million for the second installment of the $25.0 million Zuni Indian Resource Development Fund; $8.0 million for the Fallon Paiute Shoshone Tribal Settlement Fund; $8.0 million for the Pyramid lake Paiute Settlement; $5.0 million to implement various portions of the Fort Hall Indian Water Settlement Act; and $1.5 million for the final payment in the Aleutian-Pribiloff Restitution.

Notices to vacate the premises within 10 days will be sent on April 15, 1992, to persons without valid leases on spaces in the Havasu Landing Mobile home Park on the Chemehuevi Indian reservation in California

The Department of the Interior's Field Solicitor in Phoenix reported today that approximately 400 people have not signed valid leases. Those who do not reach agreement with the tribe before April 15 will receive the notices.

The notices will state that failure to vacate the premises within 10 days will result in a request that the U.S. Attorney for California file suit for ejectment and for trespass damages. Punitive damages also may be requested for willful and malicious refusal to deliver possession to the tribe

Havasu Landing Mobile home Park is located on land held in trust for the Chemehuevi Indian tribe by the Secretary of the Interior. Occupants of about 400 spaces have failed to apply for new leases as requested by the tribal government in August 1991. These occupants have been informed that they do not hold valid leases. To be valid, leases must be approved by the tribe and the Secretary of the Interior as required by federal law.

The Chemehuevi reservation is on the California side of the Lake Havasu area of the Colorado River, south of Needles and across from Lake Havasu City, Arizona.

Ada E. Deer, Assistant Secretary for Indian Affairs expresses her approval that the United States Supreme Court decided Monday, May 13, 1996 not to hear the Katie John case which involves subsistence fishing rights in Alaska.

"This is a great victory for American Indians and Alaska Natives," said Ms. Deer. "Many of our people still depend on subsistence fishing and hunting as a means to provide food for their families. Subsistence living is a culturally based practice and I view it as a fundamental, aboriginal right."

The State of Alaska filed a petition for writ of certiorari requesting relief from a U.S. Court of Appeals, 9th Circuit decision authorizing the federal government to include within its subsistence management program certain navigable waters in Alaska where federal reserved water rights exist. Since most subsistence fishing takes place in navigable waters and lakes, the extension of federal management to many of these waters will help ensure protection of subsistence fishing rights for many Alaska Natives.

The case was originally filed by Ms. Katie John, Doris Charles, and others. Katie John is an upper Ahtna Athabaskan Indian from the Village of Mentasta, and Doris Charles is a tribal elder from the same area.

Katie John was denied her rights to fish for salmon at her traditional fishing camp at the confluence of Tanada Creek and the Copper River and sued first the State of Alaska and then the federal government to re-open her subsistence fishery. In the course of the litigation, the Department of the Interior agreed with Katie John that the subsistence priority should extend to those navigable waters. Other Alaska Native organizations, including the state-wide Alaska Federation of Natives, also joined Katie John in the long running litigation.

The State of Alaska initially argued that the federal government has no authority to take over management of subsistence hunting and fishing on federal public lands because it was an area of traditional State management authority. However, the State could not continue to manage in conformance with the federal rural subsistence priority contained in the Alaska National Interest Lands Conservation Act (ANILCA) after the Alaska Supreme Court ruled in 1989 that a similar subsistence priority included in State law violated the Alaska Constitution's requirement that fish and wildlife must be managed in common for the benefit of the Alaskans. In recent years, the State has amended its Constitution to bring it back into conformance with the federal rural subsistence priority required by ANILCA.

The Supreme Court's order this week clears the way for the Department to propose new subsistence regulations which will include subsistence fishing in designated navigable waters within the scope of federal subsistence protection. The Department's objective is to have regulations in place by the 1997 fishing season.

"There is a lot of work to be performed between now and the first of next year," said Ms. Deer. "We are currently conducting hearings across Alaska on proposed regulations which would implement the subsistence preference in conformity with the 9th Circuit's decision."