OPA

WASHINGTON, D.C. – Acting Assistant Secretary-Indian Affairs Donald “Del” Laverdure today announced that the Bureau of Indian Affairs (BIA) has agreed to a request by the Spirit Lake Tribe of the Fort Totten Reservation in North Dakota to assume administrative responsibility for its social services program. The Tribe, by letter dated September 14, 2012, requested to voluntarily retrocede the social services program to the Bureau of Indian Affairs. In their letter, the Tribe stated that it had concluded this retrocession “would be in the best interest of the Tribe, its children, and its families, to voluntarily return the program to the Secretary of [the] Interior.”

A retrocession means the return to the Secretary of a contracted program, in whole or in part, for any reason, before the expiration of the term of the contract by an Indian tribe or tribal organization either one year from the date of the request, the date the contract expires, or a mutually agreed-upon date. The effective date of the retrocession of the Spirit Lake Social Services Program will be October 1, 2012. The BIA will continue to work with the Tribe until that time to ensure an effective transition of the program from the Tribe to the BIA.

“The decision allowing the BIA to take back the Spirit Lake Tribe’s contracted social services program was made after careful consideration of what was best for all concerned, particularly with regard to the health and safety of their children,” Laverdure said. “I want to thank the Spirit Lake leadership for working with us over the past months, and for their willingness to recognize this action as an opportunity to rebuild their social services program for the future.”

The Tribe reached its decision late last week after a review of the program by the BIA’s Great Plains Regional Office (GPRO), located in Aberdeen, S.D., that started on September 10. The review was a follow-up to earlier efforts by the BIA to assist the Tribe in addressing serious deficiencies identified in a detailed corrective action plan issued by the Bureau on April 23, 2012.

The BIA’s Office of Indian Services (OIS) has been working with the Tribe since August 2011 to help it improve and strengthen its child safety and program compliance while respecting the Tribe’s inherent right of self-governance. The Tribe has administered the social services program under a Public Law 93-638 contract with the BIA since 2001.

On August 24, Laverdure announced that he was sending a “strike team” of senior BIA officials from its Central Office in Washington, D.C., to Spirit Lake to assess and evaluate efforts to improve the program. The decision to deploy senior officials to the region came at the urging of U.S. Senator Kent Conrad.

On August 31, Laverdure announced additional actions BIA officials were taking to aid the Tribe in its efforts to improve child safety and protection on its reservation, including the program review during the week of September 10. That review was to assess the Tribe’s progress on the corrective action plan, with the Bureau determining appropriate steps for going forward to help the Tribe safely and successfully operate its social services program.

The Assistant Secretary-Indian Affairs oversees the BIA, which is headed by a director who is responsible for managing day-to-day operations through four offices – Indian Services, Justice Services, Trust Services and Field Operations – that administer or fund tribally based infrastructure, law enforcement, social services, tribal governance, natural and energy resources and trust management programs for the nation’s federally recognized American Indian and Alaska Native tribes and villages through 12 regional offices and 85 agencies.

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WASHINGTON, Sept. 26, 2012—Officials from the Department of Agriculture (USDA) and the Bureau of Indian Affairs (BIA) have signed two memorandums of understanding (MOU) designed to foster improved access to USDA and BIA programs by tribes and tribal members. The memorandums apply to programs administered by the Farm Service Agency, the Natural Resources Conservation Service, Rural Development at USDA, and the Bureau of Indian Affairs at the Department of the Interior (DOI). The MOUs will further improve the important government-to-government relationships and also the services offered between USDA, BIA and the tribal governments and the communities they serve.

“This agreement between USDA and the Bureau of Indian Affairs will help us increase efficiency, reduce redundancy and improve communications and services between our agencies and the tribes,” said Under Secretary for Rural Development Dallas Tonsager. “These improvements will help to spur economic development, strengthen the communities and improve the lives of the people of Indian country."

“We look forward to working closely with USDA to serve Indian Country. American Indian farmers are a vital part of Tribal economies and the nation’s agricultural industry. Agriculture is the backbone of the nation,” BIA Director Mike Black said. “With these MOUs in place, we will be able to work with USDA and its programs as partners in helping American Indian farmers maintain their farms, strengthen the local tribal economies, and bring their produce to market for the benefit of all Americans, and the world.”

"This partnership shows the important role tribal lands play in conservation stewardship in America," NRCS Chief Dave White said. "Landowners across the U.S., including those on tribal lands, contribute to cleaner water and air, healthier soil and better homes for wildlife. This memorandum is one effort of many in which NRCS, BIA and Indian landowners and land users can join together to nurture a better landscape."

“The Farm Service Agency is eager to implement this agreement,” said FSA Administrator Juan M. Garcia. “We respect and honor the centuries of stewardship that the Indian tribes participating in our conservation and farm programs have shown for the land we all share. We are pleased to solidify our partnership with the Bureau of Indian Affairs and the Natural Resources Conservation Service to conserve the soil, care for our water and air, and help the tribe’s maximize their agricultural production.”

The MOUs set up a framework for consultation, training, coordination, and the provision of technical assistance which will increase the amount of Indian land enrolled under USDA conservation and farm loan programs and improve service delivery on those lands. Farming and animal management, grazing, ranching and related food and agricultural operations will be supported through improved interdepartmental coordination. The MOUs, which are in place for five years, also support establishment of Native rural businesses, renewable energy development, and job creation. Additionally, the BIA will work with Rural Development to increase homeownership, home repair, and rehabilitation opportunities, and improve energy efficiency of homes on Indian lands through improved coordination of program delivery. Finally, the MOUs will complement the USDA’s Rural Utilities Service (RUS) work with BIA to implement and administer the Substantially Underserved Trust Areas (SUTA) provision of the 2008 Farm Bill to increase affordability and availability of RUS-supported infrastructure on Indian lands.

The MOUs also help further the objectives of the Keepseagle settlement agreement, which resolved a lawsuit regarding past discrimination by USDA against Native American farmers and ranchers concerning its farm loan program.

Since taking office, President Obama's Administration has taken historic steps to improve the lives of rural Americans, put people back to work and build thriving economies in rural communities. From proposing the American Jobs Act to establishing the first-ever White House Rural Council the President is committed to a smarter use of existing Federal resources to foster sustainable economic prosperity and ensure the government is a strong partner for businesses, entrepreneurs and working families in rural communities. The Rural Council is working to break down silos of information and to find areas for better collaboration and improved flexibility in administering government programs and to work closer with local tribal and non-tribal governments, non-profits and private companies to leverage federal support to enhance the services offered to rural beneficiaries. The MOUs are also an important step in implementing the administration’s Administrative Flexibility Initiative in Indian Country that has as its goal to provide greater efficiency and more effective program delivery to Indian Country across the federal government.

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WASHINGTON, D.C. — As part of President Obama’s efforts to expand domestic energy production and strengthen American Indian communities, on Wednesday, October 10, Secretary of the Interior Ken Salazar will join Principal Deputy Assistant Secretary for Indian Affairs Donald E. “Del” Laverdure, Bureau of Indian Affairs Director Mike Black and Three Affiliated Tribes Chairman Tex Hall to make an announcement regarding energy development on tribal lands in North Dakota.

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WASHINGTON – The Department of Justice announced today a policy addressing the ability of members of federally recognized Indian tribes to possess or use eagle feathers, an issue of great cultural significance to many tribes and their members. Attorney General Eric Holder signed the new policy after extensive department consultation with tribal leaders and tribal groups. The policy covers all federally protected birds, bird feathers and bird parts.

Federal wildlife laws such as the Bald and Golden Eagle Protection Act generally criminalize the killing of eagles and other migratory birds and the possession or commercialization of the feathers and other parts of such birds. These important laws are enforced by the Department of Justice and the Department of the Interior and help ensure that eagle and other bird populations remain healthy and sustainable.

At the same time, the Department of Justice recognizes that eagles play a unique and important role in the religious and cultural life of many Indian tribes. Many Indian tribes and tribal members have historically used, and today continue to use federally protected birds, bird feathers or other bird parts for their tribal cultural and religious expression.

“This policy will help ensure a consistent and uniform approach across the nation to protecting and preserving eagles, and to honoring their cultural and spiritual significance to American Indians,” said Attorney General Holder. “The Department of Justice is committed to striking the right balance in enforcing our nation’s wildlife laws by respecting the cultural and religious practices of federally recognized Indian tribes with whom the United States shares a unique government-to-government relationship.”

The department is issuing this policy to address the concerns of tribal members who are unsure of how they may be affected by federal wildlife law enforcement efforts, and because of a concern that this uncertainty may hinder or inhibit tribal religious and cultural practices. The department first announced it was considering formalizing a policy on eagle feathers in October 2011 and sought tribal input at that time. The department held formal consultations with tribal leaders in June, July and August 2012.

“From time immemorial, many Native Americans have viewed eagle feathers and other bird parts as sacred elements of their religious and cultural traditions,” said Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. “The Department of Justice has taken a major step forward by establishing a consistent and transparent policy to guide federal enforcement of the nation’s wildlife laws in a manner that respects the cultural and religious practices of federally recognized Indian tribes and their members.”

“The Justice Department’s policy balances the needs of the federally recognized tribes and their members to be able to obtain, possess and use eagle feathers for their religious and cultural practices with the need to protect and preserve these magnificent birds,” said Donald E. “Del” Laverdure, Principal Deputy Assistant Secretary for Indian Affairs. “Its reasoned approach reflects a greater understanding and respect for cultural beliefs and spiritual practices of Indian people while also providing much-needed clarity for those responsible for enforcing federal migratory bird protection laws.”

“This policy helps to clarify how federal law enforcement goes about protecting these special birds and also should reassure federally recognized tribal members that they do not have to fear prosecution for possessing or using eagle feathers for their religious and cultural purposes,” said Brendan V. Johnson, U.S. Attorney for the District of South Dakota and the Chairman of the Native American Issues Subcommittee of the Attorney General’s Advisory Committee. “Eagles and other native migratory bird species are a vital part of our nation’s natural heritage, and we remain dedicated to providing every American with the opportunity to experience them in the wild,” said U.S. Fish and Wildlife Service Director Dan Ashe. “This new policy honors the past while looking to the future, contributing to the preservation of these species and ensuring that tribal members can continue their religious and cultural practices for generations to come.” The policy provides that, consistent with the Department of Justice’s traditional exercise of its discretion, a member of a federally recognized tribe engaged only in the following types of conduct will not be subject to prosecution:

• Possessing, using, wearing or carrying federally protected birds, bird feathers or other bird parts (federally protected bird parts);
• Traveling domestically with federally protected bird parts or, if tribal members obtain and comply with necessary permits, traveling internationally with such items;
• Picking up naturally molted or fallen feathers found in the wild, without molesting or disturbing federally protected birds or their nests;
• Giving or loaning federally protected bird parts to other members of federally recognized tribes, without compensation of any kind;
• Exchanging federally protected bird parts for federally protected bird parts with other members of federally recognized tribes, without compensation of any kind;
• Providing the feathers or other parts of federally protected birds to craftspersons who are members of federally recognized tribes to be fashioned into objects for eventual use in tribal religious or cultural activities.

The Department of Justice will continue to prosecute tribal members and non-members alike for violating federal laws that prohibit the killing of eagles and other migratory birds or the buying or selling of the feathers or other parts of such birds. The policy expands upon longstanding Department of Justice practice and Department of the Interior policy. It was developed in close coordination with the Department of the Interior. The Department of Justice’s Environment and Natural Resources Division (ENRD) and United States Attorneys’ Offices work closely with the Department of the Interior’s U.S. Fish and Wildlife Service and Bureau of Indian Affairs on enforcement of federal laws protecting birds.

The view the policy and a fact sheet on the policy, visit: www.justice.gov/tribal.

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WASHINGTON, D.C. – Assistant Secretary – Indian Affairs Kevin K. Washburn today announced that Indian Affairs will be holding informational and consultation sessions in the coming weeks seeking input from tribal leaders in preparation for the Interior Department’s 2013 American Indian Population and Labor Force Report. The sessions will provide an opportunity for tribal leaders to provide their views on what should comprise the report’s scope, data, and methodology.

“It is important to identify the best policies and strategies for promoting economic development in Indian Country,” Washburn said. “As we begin to develop the 2013 Labor Force Report, I encourage tribal leaders to provide us with their insights and thoughts on how the report can be accurately and effectively produced and can best help tribes address job training and employment needs.”

Tribal leaders will be asked to provide their ideas on issues such as data collection, definitions of “service population” and other terms, how service populations should be measured, and other issues in order for the Department to meet the report’s 2013 deadline. The Department did not publish a report in 2010 because the data collected did not meet the standards of quality and reliability that are required of federal agencies in reporting official statistics.

Two informational sessions will be held for the exchange of information and to receive informal comments (all times are local):

• October 20, 2012, 9:00 a.m. – 12:00 noon: Alaska Federation of Natives Annual Conference, Dena’ina Center, 600 W. 7th Ave., Second Floor – Room #3, 600 W. 7th Ave., Anchorage, Alaska.
• October 24, 2012, 6:00 – 8:00 p.m.: National Congress of American Indians 69th Annual Convention, Sacramento Convention Center, 1400 J Street, Room #305, Sacramento, Calif In addition to the listening sessions, there will be four consultation sessions – three in-person and one via a national teleconference (all times are local):
• October 29, 2012, 8:30 a.m. – 12:30 p.m.: Hilton Garden Inn, 801 South Meridian, Oklahoma City, Okla.; phone: (405) 942-1400.
• October 30, 2012, 1:00 p.m. – 4:00 p.m.: Bureau of Indian Affairs Western Regional Office, 2600 North Central Ave., Fourth Floor – Eagle and Buffalo Rooms, Phoenix, Ariz.
• November 1, 2012, 8:30 a.m. – 12:30 p.m.: Holiday Inn Rushmore Plaza, 505 North 5th Street, Rapid City, S.D.; phone (605) 348-4000.
• November 9, 2012, 1:00 p.m. – 3:00 p.m. EST: Phone in using (877) 716-4290 and participant code 5074051. For technical assistance during the call, use (202) 208-7163.

Public Law 102-477, the Indian Employment, Training, and Related Services Demonstration Act of 1992, as amended, requires the Department to publish the American Indian Population and Labor Force Report at least once every two years. Section 17 of the Act requires the report to capture the population eligible for services the Secretary provides to American Indians at the national level by state, Bureau of Indian Affairs service area and tribal level.

Written comments may be submitted by email to consultation@bia.gov no later than November 12, 2012. For more information and to view background and explanatory materials related to the listening and consultation sessions, please see “Preparation for American Indian Population and Labor Force Report – 2013” at http://www.bia.gov/WhoWeAre/AS-IA/Consultation/index.htm.

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SACRAMENTO, Calif.—On Monday, October 22, 2012, Secretary of the Interior Ken Salazar will deliver keynote remarks at the National Congress of American Indians’ 69th Annual Convention & Marketplace in Sacramento. Salazar is expected to discuss the Obama Administration’s progress in opening a new chapter in our nation-to-nation relationship with American Indian and Alaska Natives tribal governments.

Following his remarks, Secretary Salazar will introduce Interior’s new Assistant Secretary for Indian Affairs, Kevin K. Washburn. Washburn, a member of the Chickasaw Nation of Oklahoma and former Dean of the University of New Mexico School of Law, was sworn into his position on October 9, 2012.

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WASHINGTON, D.C. – The Bureau of Indian Affairs Office of Justice Services (OJS) will hold its fourth training session to improve the trial advocacy skills of tribal court prosecutors, defenders and judges on October 23-25, 2012, in Chinle, Ariz., on the Navajo Nation Reservation. This training will focus on cases dealing with domestic violence.

The session, the fourth of six scheduled for Indian Country, is being conducted under the Tribal Court Trial Advocacy Training Program, a joint effort by the Department of the Interior and the Department of Justice. The Program furthers the mandate of the Tribal Law and Order Act of 2010 to strengthen tribal sovereignty over criminal justice matters on federal Indian lands by sharpening the skills of those who practice within the tribal court system.

The Program is the result of a collaborative effort by the OJS and DOJ’s Access to Justice Initiative to offer trial advocacy training with courses designed specifically for tribal courts and free training to the judges, public defenders and prosecutors who work in them. Training is provided in three areas – domestic abuse, illegal narcotics and sexual assault on children and adults. Instructional materials are prepared by experts knowledgeable about tribal court issues. The Program is unique because it also includes training specifically for public defenders.

The remaining two sessions will be held Nov. 13-15 in Seattle, Wash., and January 15-17, 2013, in Albuquerque, N.M. Earlier sessions were held July 24-26, 2012, in Duluth, Minn.; August 14- 16, in Ignacio, Colo.; and September 11-13 in Great Falls, Mont.

CREDENTIALS: This invitation is extended to credentialed media representatives, who must display sanctioned media credentials for admittance to the event.

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WASHINGTON, D.C. – The Bureau of Indian Affairs Office of Justice Services (OJS) will hold its fifth training session to improve the trial advocacy skills of tribal court prosecutors, defenders and judges on November 13-15, 2012, in Seattle, Wash. This training will focus on cases dealing with sexual assault on children and adults.

The session, the fifth of six scheduled for Indian Country, is being conducted under the Tribal Court Trial Advocacy Training Program, a joint effort by the Department of the Interior and the Department of Justice. The Program furthers the mandate of the Tribal Law and Order Act of 2010 to strengthen tribal sovereignty over criminal justice matters on federal Indian lands by sharpening the skills of those who practice within the tribal court system.

The Program is the result of a collaborative effort by the OJS and DOJ’s Access to Justice Initiative to offer trial advocacy training with courses designed specifically for tribal courts and free training to the judges, public defenders and prosecutors who work in them. Training is provided in three areas – domestic abuse, illegal narcotics and sexual assault on children and adults. Instructional materials are prepared by experts knowledgeable about tribal court issues. The Program is unique because it also includes training specifically for public defenders.

The final session in this series will be held January 15-17, 2013, in Albuquerque, N.M. Earlier sessions were held July 24-26, 2012, in Duluth, Minn.; August 14-16, in Ignacio, Colo.; September 11-13 in Great Falls, Mont.; and October 23-25 in Chinle, Ariz.

CREDENTIALS: This invitation is extended to credentialed media representatives, who must display sanctioned media credentials for admittance to the event.

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WASHINGTON, D.C. - Secretary of the Interior Ken Salazar today welcomed leadership from the Hopi Tribe and the Navajo Nation to Washington, D.C. to hold discussions on a potential Little Colorado River water settlement that could be acted upon by Congress. This is the first time that leaders of the two tribes have joined with a Secretary of the Interior to address this shared water issue.

“I thank the Navajo and Hopi leadership for participating in today’s historic discussions, and for the decades of work that they have put into solving this issue,” Salazar said. “We had an extremely meaningful dialogue today that I believe will lay the groundwork for a fair and mutually beneficial agreement that the two tribes, the United States, and the state parties can agree upon. I deeply respect the sovereignty of the Hopi Tribe and the Navajo Nation and know that, for any water settlement to be successful, the tribes must be fully committed to it. It is my hope that over the coming days and weeks that we may work together to finalize the details of a settlement that will deliver critical water, infrastructure and economic development to the Navajo and Hopi people.”

While there has been general agreement on key aspects of a proposed Little Colorado River water settlement, including the potential investment of nearly $360 million to fund construction of major water delivery systems on the Hopi Reservation and the Arizona side of the Navajo Reservation, both tribes had expressed serious concerns about various aspects of the proposed settlement.

“Today’s historic meeting provided the Hopi Nation with an opportunity to identify outstanding issues that need to be resolved before a settlement can move forward,” said Chairman Leroy Shingoitewa of the Hopi Nation. “Because of the high level involvement of our leadership, the Navajo leadership, and Secretary Salazar and his team, I believe that we can and should move forward.”

"We made practical progress today, thanks to Secretary Salazar's personal involvement and commitment, to open possibilities for our nation to convert 'paper' water rights into 'wet' water that our people need and deserve," said Speaker Johnny Naize of the Navajo Nation.

Today’s historic meetings grew out of an invitation that Salazar issued to both tribes last month, when he met with them in Arizona. The Secretary also invited Senator Jon Kyl to the opening session today because of the constructive role that he has been playing in working toward a settlement of the long-standing Little Colorado River water rights claims. Any settlement would have to be enacted by Congress.

“The Obama Administration has reenergized the federal government’s commitment to resolve Indian water rights and to provide settlements that truly benefit Indian tribes,” said David J. Hayes, Deputy Secretary of the Interior. “We appreciate the candor and seriousness with which both tribes approached today’s discussions, and we look forward to continuing this critical conversation in the near future.”

Since 2009, the Obama Administration has enacted six water settlements, totaling more than $2 billion, that will provide permanent water supplies and offer economic security. The settlements include the Taos Pueblo and Aamodt case pueblos, including the Pojoaque, Tesuque, San Ildefonso, and Nambe pueblos in New Mexico; as well as the Crow Tribe of Montana; the White Mountain Apache Tribe in Arizona; the Navajo Nation in New Mexico; and the Shoshone-Paiute Tribes in Nevada.

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WASHINGTON – On Wednesday, December 5, President Obama will host the White House Tribal Nations Conference at the Department of the Interior. The conference will provide leaders from the 566 federally recognized tribes the opportunity to interact directly with the President and representatives from the highest levels of his Administration. Each federally recognized tribe will be invited to send one representative to the conference. This will be the fourth White House Tribal Nations Conference for the Obama Administration, and continues to build upon the President’s commitment to strengthen the government to government relationship with Indian Country. Additional details about the conference will be released at a later date.

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