OPA

Commissioner of Indian Affairs Morris Thompson announced today that new regulations governing the fishing rights of the Metlakatla Indian Community within the Annette Islands Reserve in Alaska were published in the Federal Register June 5.

The purpose of the new regulations is to give the Metlakatla Indians the opportunity to catch their fair share of the annual salmon run.

Salmon canning is the chief industry of the community and the Reserve includes the waters within 3,000 feet of the shoreline of the islands.

Previous regulations provided that fishing by the Indians within the Reserve was subject to certain State regulations. The new regulations permit the Secretary of the Interior or his representative to allow exceptions to the State regulations.

The Annette Islands in southeast Alaska are about 700 miles north of Seattle, Washington.

Awards totaling more than $45 million were granted American Indian groups through judgments of the Indian Claims Commission during 1969, the Bureau of Indian Affairs reported today.

Congress has appropriated funds for $25.7 million of the total granted. The appropriated funds earn interest for the tribes involved while the funds are on deposit to their deposit.

The Indian Claims Commission, an independent agency, was established by the Congress in 1946 to hear and determine the claims of tribes and other identifiable groups of American Indians living in the United States. These claims represent attempts by Indian tribes to obtain redress for any failure of the Government to complete payments for lands ceded under treaty, for the acquisition of land at an unconscionably low price or for other failure to comply with a treaty or legislative action regarding Indian lands that grew out of the westward expansion of the United States.

The present commissioner are John T. Vance, Richard W. Yarborough, Jerome K. Kuykendall, Margaret H. Pierce, and Brantley Blue, a Lumbee Indian appointed by President Nixon.

Most of the claims filled with the Commission are for “fair value” of Indian lands ceded to the United States or taken by the Government in the past. Increasingly, the funds received through judgements are now being invested by the tribes for projects to improve the social and economic conditions of their people.

Typical projects include scholarships for the education of Indian youth, social services for reservation dwellers, construction of community centers, funding of community development, industrial parks, and other projects designed to bring new sources of income and employment to the Indians.

Awards granted to the tribes in 1969 by the Indian Claims Commission included:

$1,300,000.00	Cheyene River Sioux
9,194,364.99	Delaware
1,850,000.00	Fort Berthold
1,240,000.00	Havasupai
1,377,207.27	Iowa
4,162,992.80	Klamath
273,250.00	Kickapoo
10,000.00	Miami of Oklahoma
1,250,000.00	Yankton Sioux
5,100,000.00	Yavapai-Apache

The following awards had not been certified to the U.S. Treasury, and were subject to appeal, as of Jan. 1, 1970:

$3,826,660.20	Miami Nation
1,209,990.00	Wea
1,340,435.00	Iowa
168,555.00	Iowa
286,516.40	Iowa
663,193.77	Iowa
3,530,578.21	Sac and Fox
943,799.99	Sac and Fox
965,560.39	Sac and Fox
6,609,926.14	Nez Perce
$45,303,029.96	Total

Regulations governing the preparation of three separate rolls of Delaware Indians eligible to share in the distribution of $4 million in Indian Claim Commission awards were published December 17, 1980 in the Federal Register, Commissioner of Indian Affairs William Hallett announced today.

The regulations which will become effective on January 16, 1981, implement legislation, enacted August 1, 1980, requiring the Secretary of the Interior to prepare rolls of certain Delaware Indians eligible to share in the distribution of the judgment funds.

The three rolls to be prepared by the Bureau of Indian Affairs are: 1) a tribal membership roll of the Delaware Indians of Western Oklahoma; 2) a descendancy roll of Kansas and Idaho Delaware excluded from participating in an earlier award to the Delawares; and 3) a descendancy roll of Cherokee, Kansas and Idaho Delawares.

For further information about the regulations governing the Western Oklahoma roll contact Terry Bruner, Anadarko Agency, Bureau of Indian Affairs, Anadarko, Oklahoma 73005 (405/247-6673). Questions about the regulations governing the other two rolls should be directed to Thomas J. Ellison, Bureau of Indian Affairs, Federal Building, Muskogee, Oklahoma 74401 (918/887-2296).

Applications for enrollment must be filed within 60 days after the effective date of the regulations.

WASHINGTON – The Bureau of Indian Affairs Office of Justice Services (OJS) will hold the second of three training sessions to improve the trial advocacy skills of tribal court judges and prosecutors in dealing with driving-while-intoxicated (DWI) cases. The session, which will provide advanced training in DWI cases, is being held May 1-3 in Flagstaff, Ariz.

The training 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 that furthers the mandate of the Tribal Law and Order Act of 2010. That legislation aims 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 the 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.

The goal of this series is to teach effective prosecution of DWI cases under tribal codes and case law. Training will be conducted with faculty and instructional materials prepared by experts knowledgeable about tribal court issues.

The last training session in this series will be held Oct. 29-31, 2013, in Albuquerque, N.M. It will be preceded by a half-day roundtable discussion on Oct. 28 on the Violence Against Women Act (VAWA).

2013 OJS DWI Training/Flagstaff – Page 2

WHO:	Bureau of Indian Affairs Office of Justice Services
WHAT:	The second of three Tribal Court Trial Advocacy Training Program sessions on DWI cases for tribal judges and prosecutors. This session will provide advanced training on DWI cases.
WHEN:	May 1-3, 2013 (local time) Wednesday, May 1: 8:30 a.m. – 5:00 p.m. Thursday, May 2: 8:30 a.m. – 5:30 p.m. Friday, May 3: 8:30 a.m. – 12:00 noon
WHERE:	Radisson Woodlands Hotel Flagstaff, 1175 W. Route 66 US, Flagstaff, Ariz. 86001; Phone: 928-773-8888.

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

WASHINGTON – The Department of the Interior today announced that purchase offers have been sent to more than 4,000 individual landowners with fractional interests at the Gila River Indian Reservation in Arizona and the Northern Cheyenne Indian Reservation in Montana. These offers, totaling nearly $100 million, will give eligible landowners with interests in tribal priority tracts the opportunity to voluntarily sell their land to be held in trust for each tribe.

With these offers, Interior’s Land Buy-Back Program for Tribal Nations (Buy-Back Program) has sent more than 37,000 purchase offers to owners of fractionated interests. The Program has successfully concluded transactions worth nearly $97 million and has restored the equivalent of almost 265,000 acres of land to tribal governments.

“I continue to be encouraged by the progress we see with the Buy-Back Program, and welcome the ongoing collaboration we have had with many Tribal Nations as we implement this Program across Indian Country,” said Deputy Secretary Michael Connor. “The success of the Buy-Back Program is vitally important. We are working vigorously with tribal staff to make sure that individuals are aware of this historic opportunity to strengthen tribal sovereignty by supporting the consolidation of Indian lands.

” The Buy-Back Program implements the land consolidation component of the Cobell Settlement, which provided $1.9 billion to purchase fractional interests in trust or restricted land from willing sellers at fair market value within a 10-year period. Individuals who choose to sell their interests will receive payments directly into their IIM accounts. Consolidated interests are immediately restored to tribal trust ownership for uses benefiting the reservation community and tribal members.

There are almost 245,000 owners of nearly 3 million fractional interests, spanning 150 Indian reservations, who are eligible to participate in the Program. Many see little or no economic benefit from what are often very small undivided interests in lands that cannot be utilized due to their highly fractionated state.

In addition to receiving fair market value for their land based on objective appraisals, sellers also receive a base payment of $75 per offer, regardless of the value of the land.

Sales of land interests will also result in up to $60 million in contributions to the Cobell Education Scholarship Fund. This contribution by Interior is in addition to the amounts paid to individual sellers, so it will not reduce the amount landowners receive for their interests.

Gila River landowners will have until October 10, 2014, to return accepted offers.

Northern Cheyenne landowners will have until October 17, 2014, to return accepted offers.

Landowners can contact the Trust Beneficiary Call Center at 888-678-6836 with questions about their purchase offers. Individuals can also visit their local Office of the Special Trustee for American Indians (OST) or Bureau of Indian Affairs (BIA) office, or find more information at www.doi.gov/buybackprogram/landowners in order to make informed decisions about their land.

Individual participation is voluntary. A decision to sell land for restoration to tribes does not impact a landowner’s eligibility to receive individual settlement payments from the Cobell Settlement, which are being handled by the Garden City Group.

Secretary of the Interior Cecil D. Andrus has asked the Congress to extend the January 31 deadline for completion of projects authorized under the 1977 Emergency Drought Act to keep them eligible for Federal funding.

The Act gave the Secretary temporary emergency authority to make grants and interest free loans to fund water construction, management and conser1ation projects to ease the impact of the severe drought which hit most of the West in 1976 and 1977. To ensure that Federal funds under the Act went only to emergency drought measures Congress imposed a November 30, 1977, deadline for project completions.

When it later became apparent that some otherwise eligible projects would fall short of completion by that date, Congress extended the deadline to January 31.

Andrus said 66 projects in the West for which the Interior Department has authorized grants and loans will not be completed by January 31.

"The states, local governments, irrigation districts, Indian Tribes and other Federal agencies have begun construction and pushed hard to complete these projects," Andrus said.

"But through no fault of their own--because of delays in supply deliver­ies, bad weather or other problems--they will not meet the deadline. The cut-off date in the amended Emergency Drought Act is absolutely clear; Congress made no exceptions and gave me no authority to grant any. I am very much in sympathy with those who have diligently pursued construction work but the only way we can get them past the January 31 deadline is for the Congress to amend the Act once more."

The Secretary said the bill he is proposing to Congress authorizes no new projects or additional funds. It would simply give him discretion to allow a reasonable time for completion of work already underway.

"All 66 projects are in various stages of completion and some of the loan and grant money has been spent on work done to date, 11 Andrus said. “The spon­sors are trying to complete as much work as they can by January 31. We won't know until then exactly how much money these entities stand to lose if the deadline isn't extended."

Except for grants to the States of California, New Mexico, Illinois, and Wisconsin, the Colorado Water Conservancy Board and eight Indian Tribes for fishery projects, the remaining unfinished projects received interest-free loans with repayment periods ranging from 5 to 30 years. The Secretary said California probably has the most at stake in the extension. Fourteen projects there, at a total completed cost of $9.7 million, will miss the cut-off date. In addition, the State of California will be unable to finish weather modification work for which it received a $3.6 million grant.

Andrus also said 29 of the unfinished projects--eight for fisheries and 21 for irrigation--are on Indian lands. Total cost of the 29 on completion will be $10.7 million. While the Indian projects suffered the same delays from weather and contracting backlogs as others, funding delays compounded the problem. Most of the funds available under the Emergency Drought Act had been obligated by August. But the legislation extending the original dead­line also freed an additional $75 million for construction under the Act. As a result, some of the Indian projects were not funded until September.

The U.S. Fish and Wildlife Service received $3.3 million to mitigate drought damage to habitat on lands managed by that agency. Some of these projects suffered similar delays.

According to the Bureau of Reclamation, already completed under the Emergency Drought Act are 52 projects funded by $18.1 million in interest-free loans and 68 under grants totaling $13.0 million. The Bureau of Indian Affairs lists 35 Indian irrigation projects completed with $11.6 million in loans and five Indian fishery projects with $440,000 in Federal grants. The U.S. Fish and Wildlife Service has also completed fishery and wildlife projects costing

$2.2 million, with $1.1 million in projects still uncompleted.

Following is a list of the uncompleted projects, their sponsors, a brief description of the work and the total completed cost:

BUREAU OF RECLAMATION PROJECTS

Washington

Okanogan Irrigation District. Replace pumping plant. $1.75 million.

Oregon

Warm Springs Irrigation District. New pump. $50,000.

Idaho

Band P Irrigation District. Drill new well. $30,000.

California

Santa Ynez Water Conservancy District. Drill two wells and install pumps $340,000.

Chowchilla Water District. Wells and tailwater return system pipelines. $4.5 million.

Georgetown Divide public utility district. Four diversion structures and pipelines. 184,750.

Merquin County Water District. Twenty wells and pumps. $440,000.

Madera Irrigation District. Pipelines, pumps and meters. $1,193,273.

Placer County Water Association. Pipeline. $201,000

West Side Irrigation District. Replace 10 miles of open ditch with pipelines

$569,000.

Natomas Central Mutual Water Conservancy. Modify pump station, install pumps, dredging and pilings. $250,000.

Jacob Rancho Water Conservancy. Five deep wells. $500,000.

El Nido Irrigation District. New wells and pumps. $1 million.

State of California. Weather modification program. $3.6 million grant.

Nevada

Truckee Carson Irrigation District. Pumps, meters, line ditches. $268,400.

Utah

Muddy Creek Irrigation Company. Repairs to Emery Reservoir. $600,000.

Newton Water Users' Association. Line 13,000 feet of ditch. $65,000.

New Mexico

State Department of Game and Fish. Various water-saving features at hatcheries and wildlife areas. $223,000 grant.

Nebraska

Gering Irrigation District. Line canals. $247,300.

Pathfinder Irrigation District. Line laterals. $534,400

Central Nebraska Powerplant and Irrigation District. Install 13.2 miles of pipeline. $346,400.

Farwell Irrigation District. Install 15 miles of pipeline. $215,000.

Kansas

Kirwin Irrigation District. Pipelines. $155,000

Colorado

Amity Mutual Irrigation Conservancy. Repair and line canals. $194,000.

Colorado Water Conservancy Board. Weather modification program. $600,000.

Illinois

Illinois Department of Conservation. Construct various pumping facilities $500,000.

Wisconsin

Wisconsin Department of Natural Resources. Construct pumping facility. $53,000.

INDIAN PROJECTS

Idaho

Fort Hall Tribes. Twelve irrigation wells drilled, cased and equipped. $628,500.

New Mexico

Isleta Pueblo. Twenty irrigation wells. $530,000.

Jemez Pueblo. Four irrigation wells. $60,000.

Picuris Pueblo. 4,000 foot concrete canal lining. $48,300

Pojoaque Pueblo. Rehabilitate diversion dam. $23,600.

San Juan Pueblo. 8,800 foot concrete canal lining. $94,500.

Santa Ana Pueblo. Four irrigation wells $60,000.

Santo Domingo Pueblo. Five irrigation wells. $114,000.

Taos Pueblo. Concrete lining. Rehabilitation of 12,500 foot canal and one irrigation well. $402,200.

Zia Pueblo. Enlargement of storage reservoir. $139,200.

Mescalero Apache. 7,000 foot concrete pipeline $137,000.

Navajo. Lining looking siphon. $200,000.

Washington

Colville. Two irrigation wells and equipment. $55,000.

Yakima. Develop and equip irrigation wells. $5 million.

Hoh Fishery. One Well. $7,500

Lower Elwa Fishery. New diversion structure and lining of rearing ponds $243,000.

Lummi Fishery. Well drilling and stream diversion. $103,000.

Muckleshoot Fishery. To acquire water source. $36,000.

Nisqually Fishery. Acquisition of water source and develop wells. $230,000.

Skokomish Fishery. Install well and rearing ponds. $155,600.

Arizona

Gila River (Pima). Drill and equip 15 wells. $1,500,000. Kaibab. Spring development and pipeline. $71,000.

San Carlos Apache. Wells and river p1DDps. $128,100.

Nevada

Campbell Ranch. Drill and· equip four wells, $148,000. Ft. McDermitt. Drill and equip four wells. $226,000. Pyramid Lake Fishery. Rehabilitate one well. $8,400. Summit Lake Fishery. Drill and equip one well. $44,000 Walker River. Drill and equip four wells. $186,000,

Yomba. Drill and equip three wells. $145,000.

FISH AND WILDLIFE SERVICE PROJECTS

Minnesota

Watonwan. Water control structures. $10,000.

Michigan

Shiawassee. Pumping station. $90,000.

South Dakota

Lake Andes. New ponds. $60,000.

Nebraska

Hastings. Wells and pump stations. $50,000.

Washington

Entiat. Wells and pump system. $124,000.

California

Sacramento. Wells, $220,000.

Tehama-Colusa. Wells and water chillers. $100,000.

Coleman. Water delivery system. $200,000

Marble Bluff. Silt removal. $30,000.

OREGON

Eagle Creek. Water reuse system. $185,000.

The Bureau of Indian Affairs has requested a substantial increase in funding for the operation of Indian programs in fiscal year 1976. Its budget request of $526.9 million for these programs is approximately $48 million greater than the appropriations for the fiscal year ending June 30, 1975.

Bureau In addition to the funds requested for the operation of Indian programs, the Bureau has requested appropriation of $61. 4 million for construction of irrigation systems, buildings and utilities; $66. 7 million for road construction; $70 million for Alaska Native Claims; $12 million to complete the authorized funding of the Indian Revolving loan Fund, and $20 million for the loan Guaranty and Insurance The appropriation request totals $757,031,000.

For the first time funds were specifically requested for the payment of certain administrative costs connected with tribal contracts for the operation of Indian programs. This item accounts for $11.2 million of the $48 million increase.

The Indian Action Team program also received an increase exceeding$11 million. The expanded program will provide for 50 contracts involving more than 3,000 Indians in training and work experience projects that normally result in the construction of on-reservation facilities for community development.

For Indian Education Programs $230.2 million was requested. This is an increase of $3. 7 million. The request includes about $32 million for higher education assistance and $28 million in Johnson-O'Malley funds for programs in public schools.

More than $106.1 million was requested for Indian services -- an increase of $6.1 million. This includes $1.2 million for aid to tribal governments; $66.1 million for social services; $13.6 million for law enforcement, and $14.3 million for housing.

While most of the new home construction on reservations is the responsibility of the Department of Housing and Urban Development under separate appropriations, Bureau than of Indian Affairs programs will provide for about 400 new homes and more 2,250 renovations.

The request for $86.5 million for tribal resources development, including the Indian Action Team expansion, is an increase of $16.2 million. Sane of the larger items in this request were $26.4 million for forestry and agriculture; $14 million for direct employment, and $14 million for business enterprises. This last item includes $10 million authorized by the Indian Financing Act of 1974.

For trust responsibilities and services $20.9 million was requested -- an increase of $2.3 million. Among other things, this increase will permit initiating 35 additional water studies, and completing 5 water use plans now underway. It will also provide for increasing land appraisals, lease and management services and strengthening trust fund management and accounting services.

A request of $83.2 million was submitted for general management and facilities operations. This is an increase of $18.2 million, but includes the request for Indian contract support funds. Almost $60 million of this amount is for the operation, repair, maintenance and leasing of physical facilities in support of Bureau programs. For the general management and administration of the Bureau is $7.8 million and $2.6 million for annual program planning and development at the reservation level.

The construction program in fiscal year 1976 includes funds for 8 additional classrooms and 8 related staff quarters; for a joint sewage disposal system at Sitka, Alaska; construction of St. Michaels Day School, Alaska; second phase construction of Diomede Day School, Alaska; construction of the second phase of Santa Rosa School, Arizona; construction of a rehabilitation, treatment and incarceration facility at San Carlos, Arizona; construction of the third phase of the Sherman Indian High School, California; and construction of a replacement high school at Fort Yates, North Dakota on the Standing Rock Reservation. Funds also will provide for design drawings for future projects and the purchase of equipment for facilities now under construction. Total request for FY 1976 is $31.0 million.

The proposed budget estimates for irrigation systems for fiscal year 1976 provides $22.8 million for the Navajo Indian Irrigation Project located in New Mexico and $7.6 million for other irrigation projects and related power systems.

The Bureau has requested $827,392,000 in budget authority. This authorization is required to enable the Bureau to obligate both the appropriated funds and receipts from other sources, such as permanent and trust funds not included in the annual appropriation.

A detailed breakdown of appropriations requested for Fiscal Year 1976 as compared to Fiscal Year 1975 is attached.

The Bureau of Indian Affairs is publishing in the Federal Register a list of 278 Indian tribal entities which are recognized and receiving services from the BIA.

The list includes all Indian tribes, bands, villages, groups and pueblos --except those in the State of Alaska --acknowledged by the Secretary of the Interior to have a political relationship with the United States.

The Federal Register notice states that "the United States recognizes its trust responsibility to these Indian entities and, therefore, acknowledges their eligibility for programs administered by the Bureau of Indian Affairs."

The list of eligible Alaskan entities some 200 village and tribal groups will be published at a later date.

California, with 81 tribal entities listed, has the greatest number of tribal groups. Oklahoma has .36 entries; Washington, 25; New Mexico, Arizona, 20; and Nevada, 18. Regulations setting forth procedures for the Federal recognition of Indian tribal groups require the annual publication of a list of the Indian tribes which are recognized and receiving services from the BIA.

Interior Secretary Cecil D. Andrus today asked Commerce Secretary Juanita Kreps to seek further needed restrictions in the 1979 Pacific Salmon Plan.

Andrus expressed disappointment and concern about the recent action of the Pacific Regional Fishery Management Council which he said earlier this month voted restrictions for ocean fisheries which will be insufficient to provide for conservation and the allocation between ocean and inside fishermen.

Referring to Interior data analyzing the impact of the proposed ocean fishing regulations, Andrus told Secretary Kreps:

"In February, prior to the Council's action to adopt this year's salmon plan, I wrote the Council and recommended significant reductions in the offshore harvest to provide:

1)a greater escapement for conservation purposes, 2) protection of the diminishing wild stocks, 3) a more equitable allocation of fish between the inside and outside fisheries, and 4) a realistic fishery for treaty Indians.

"While the Council took an important step toward meeting these goals, their action falls short to such a degree that in some river systems and parts of Puget Sound, not only will there not be an inside fishery, but wild runs will be threatened and escapement for conservation will not be met.

"Further reductions in the ocean catch will be required this year. I respectfully request that you seek the necessary changes in the salmon plan to protect the fishery and the rights of the inside fishermen."

Interior Department analysis of the proposed ocean fishing regulations was also provided to Secretary Kreps. Fish and wildlife director Lynn Greenwalt concluded from that analysis that "spawning escapement goals will not be met in many areas along the California, Oregon and Washington coast, and that these problems will require inequitable curtailment or closure of inside fisheries in most areas.

Commerce Secretary Kreps must now decide whether to approve the recommendations of the Pacific Regional Fishery Management Council or to modify those recommendations to provide the further restrictions being sought by Secretary Andrus. The Pacific salmon fishing season is set to begin in May.