OPA

The Bureau of Indian Affairs has appointed Bernard W. Topash as the field representative for the Siletz Indian Tribe, Interior Assistant Secretary Forrest Gerard announced today.

The position is a newly created office to serve the Oregon Indians who were accorded federally-recognized tribal status by legislation passed November 18, 1977.

Topash, a Snohomish and Potawatomi Indian, has been Administrative Manager of the BIA's Fort Hall Agency in Idaho.

A 41-year-old veteran of the Marine Corps, Topash began his career with He has held increasingly responsible jobs in the Bureau in 1962. Montana, Washington, Minnesota and Idaho.

He is an alumnus of the University of' Portland, where he studied Business Administration.

Assistant Secretary - Indian Affairs Forrest J. Gerard said today the Bureau of Indian Affairs plans to have draft regulations for the Indian Child Welfare Act of 1979 ready for comment by January 31, 1979.

The Act, which was passed during the last session of Congress, 1requires that regulations be published within 180 days.

He said when the draft regulations are completed they will be made available to both on and off-reservation Indian people as well as the general public for comment and consultation.

Gerard said that because of the extremely short time frames the BIA issued a request on January 9 for bids from interested Indian organizations to hold a series of public hearings, These will be held during the month of February and will constitute the consultation process for the draft regulations.

There will be a total of 12 hearings throughout the United States in Alaska, the Pacific Northwest, California, Arizona (2 hearings), Montana, New Mexico, Oklahoma, South Dakota, Minnesota, the Southeast and the Northeast parts of the U.S. Each contractor: will hold six hearings, and will prepare summaries of the hearings and will submit recommended draft regulations to the Bureau of Indian Affairs.

Gerard said the target date for publication of the proposed regulations is mid-March, and there will be the usual period of time for comment. Re said the publication of final regulations by May 1, 1979 will meet the 180 day requirement of the Act.

The Assistant Secretary said it is his judgment that the final regulations, to be published ln May, will be subject to some revision. In the next year or two because of the importance of the legislation.

Re said also some revision may be necessary after the Act is funded and the implementation process begins.

Secretary of the Interior Cecil D. Andrus today applauded the decision announced March 21 by the State of Utah and the Ute Indian Tribe to return to the conference table to resolve the dispute which threatens the Central Utah Project.

"Both the State and the Tribe have too much at stake in the Central Utah Project to risk unwarranted delays in the Project at this stage," Secretary Andrus said, "Governor Matheson and the Ute Indian people are to be commended for the step they have taken."

Governor Scott M. Matheson and Ute Tribal Chairwoman Rudy Black jointly announced March 21 that negotiations will resume formally in Salt Lake City on March 28, centering on water, hunting and fishing rights, and other jurisdictional matters. The negotiations will be conducted by the Ad Hoc Legislative Committee, chaired by State Senator Glade M. Sowards.

"All parties have invested much time-and effort in the negotiations on Indian rights and claims and few areas of disagreement remain," Andrus said. "I believe the remaining areas of difference on a mutual consent agreement on Indian water, hunting and fishing, and tax claims can now be resolved by a good faith effort around the conference table.

"We've invested too much in the Project - Indians and non-Indians alike--to risk killing it now on basis of disagreements which are not directly connected Assistant Secretary for Indian Affairs Forrest J. Gerard joined Secretary

Andrus in wishing the parties success in their negotiations. "By their agreement to renew frank and serious discussions, the State and the Tribe have demonstrated their commitment to finding a lasting solution to their longstanding problems, as well as their far-sighted thinking for the future of all the people of Utah and the Ute Indian Tribe."

The Ute Indian Tribe announced March 9 that, with the breakdown of negotiations, it would seriously consider terminating Ute participation in the Central Utah Project and seeking an immediate halt in funding for the Project.

The complex, multipurpose Central Utah Project First Phase consists of the completed Vernal Unit, the Bonneville and Jensen Units now under construction, and the Uintah and Upalco Units in the advanced planning stage. The Federal investment up to last September 30 was $202. 7 million and the estimated total cost of the authorized units when completed is over $1 billion. The Project for years has been referred to as "the key to development of Utah's resources for the next 100 years." It will provide for the beneficial use of most of Utah's remain undeveloped share of Colorado River water. with the Project itself."

Interior Solicitor Leo M. Krulitz Friday said Indian tribal sovereignty could be endangered unless tribal leaders weigh the political ramifications of tribal decisions as carefully as they weigh other factors.

Krulitz told leaders of the Affiliated Tribes of Northwest Indians meeting in Pocatello, Idaho, that the mood in the United States toward Indian rights has shifted in recent years as measured by a spate of anti-Indian legislation introduced in the last session of Congress. Federal courts, for years thought to be the last and strongest defense of Indian rights, have delivered a number of opinions recently which were adverse to Indian interests.

"The constituency for legislation such as that to abrogate all Indian treaties grew in part from a reaction to the progress, the gains of the Indian people--meager as those gains have been," said Krulitz. "And the constituency grew in part from the simple tenor of the times-­the realization that resources are scare and growing scarcer; the reality that there are no unclaimed resources and every assertion of Indian claims for those resources threatens those who also claim them.

"But those factors alone simply do not explain the vehemence, the hostility embodied in some of these anti-Indian legislative proposals. If we are going to be honest with ourselves, I think we have to conclude that the hostility grew, in significant part, from some of the things done or proposed in the name of tribal sovereignty."

As examples, Krulitz cited:

--Tribal governments which have asked the Interior Department to accept into trust status isolated tracts of land in non-Indian residential neighborhoods, then putting the land to commercial use for liquor stores, smokehouses or other things "all in the name of tribal sovereignty and all in disregard for the nature of the neighborhood."

-Proposals by some tribes to operate gambling casinos on trust lands;

--The "cavalier" treatment some tribal governments have given business agreements--trying to "change the economics of a deal by using the tribes taxing power."

"These are the kinds of things which threaten to make the air in this country plainly poisonous to tribal sovereignty," said Krulitz. "The tribes zoning powers are important and we'll defend them, but their indiscriminate use subjects both the zoning power and tribal sovereignty to risk.

"Bingo is one thing, but casino gambling? It's reasonable to expect hostility toward such proposals. And finally, many bad deals have been approved in the past and we'll do our best to correct them. But using the taxing power to do it places the taxing power itself in jeopardy."

Krulitz said tribal leaders must remember the unique status of Indian tribes in this country--that of "dependent sovereigns."

"If we forget the word 'dependent' we risk losing sovereignty," he said. "Secretary Cecil Andrus is charged with trusteeship over Indians, their property and the future of their way of life in this country. You know where he stands on the question of Indian rights.

"But he is legally bound to act in your long-term best interests and he takes that obligation very seriously. He won't approve a contract which provides you less than a fair return; he won't allow anything which threatens the long-term value of an Indian resource. Similarly, where he has the authority to approve or disapprove an ordinance, he will take into account the potential impact of tribal sovereignty and act accordingly--whether or not the tribes agree."

Krulitz said the Secretary has not only the authority but a legally binding duty to deny or disapprove any action or activity which could damage Indian interests or which threaten; to endanger tribal sovereignty.

"We hope the days of Washington’s dictating to the tribes is past," said Krulitz. "But the Secretary will carry out his duty. We are in a sensitive time, a delicate time--a time when perceptions are often more important than facts. We must conduct our affairs in such a way that we do not make it impossible for our friends in the Congress to continue showing that friendship.

'"You will have to consider in tribal decisions not only the economic and social implications of a given course but also the political--the public relations--implications."

Proposed regulations to implement the provisions of the Indian Child Welfare Act of 1978 (P.L. 95-608) were published in the Federal Register April 23, Interior Deputy Assistant Secretary for Indian Affairs Rick Lavis said today.

Lavis also said that proposed regulations establishing procedures for Tribal Reassumption of jurisdiction over child custody proceedings and a statement of recommended guidelines for use by state courts in Indian child custody cases were published in the same Federal Register issue.

The Act deals with a deeply felt concern of the Indian community -- the proper care of Indian children needing adoptive or foster home care. Its main objective is to restrict the placement of Indian children by non-Indian social agencies in non-Indian homes and environments.

The Act makes clear that tribal courts have jurisdiction for children living on reservations. For those not living on reservations, it provides for the transfer of jurisdiction from state courts to tribal courts, under certain conditions and upon request of the child's parent, custodian or tribe.

The recommended guidelines for state courts are not mandatory. They were prepared by the Department of the Interior in response to the request of judges who asked for the Department's views on how they might best implement the Act.

Comments on the proposed regulations must be received by May 23.

For further information contact Raymond V. Butler, Division of Social Services, Bureau of Indian Affairs, Washington, D.C. 20240 (703-235-2756) or David Etheridge, Solicitor's Office, Department of the Interior, Washington, D.C. 20240 (202-343-6967).

A score of Indian leaders, representing the national Indian community, met in Albuquerque May 3-4 with Interior Assistant Secretary Forrest Gerard and staff to be briefed about Gerard's management improvement program for the Bureau of Indian Affairs.

The Indian participants, invited through the National Tribal Chairmen's Association (NTCA) and the National Congress of American Indians (NCAI) were told about the plans --and accomplishments to date --to decentralize Bureau management authority, install a new, expanded computer system for both program and fiscal operations, establish an administrative services center and a training and technical assistance center, and clarify the roles of the Bureau's central and area offices.

Gerard has spoken frequently to Indian groups about his plans to make more-than-cosmetic changes in the BIA management system. The session in Albuquerque was the first opportunity for a nuts-and-bolts review on all the projects involved.

Discussion covered the operations and cost of the new computer system and how services would be paid for; Gerard's interest in a continued Indian consultation process; whether the studies will lead to real decentralization, particularly at Area level; how the Bureau might respond to tribes needing management assistance now in operating contracts under P.L. 93-638; and how this study/plan is leading to short-term results, as well as setting the stage for longer term benefits.

Participants received summary information in a 30-page handout which included reports on information systems, a system for improved tracking of budget execution, administrative services reform, the central office review, the technical assistance and training project, and the Area Office reviews.

Gerard described the Bureau's present computer system as "ready for the Smithsonian." He said that the cost of replacing it and putting in the right kind of system will be "exceedingly high," hence he stressed the need for prudent acquisition and effective and efficient operations. He noted that Congress was providing some direct funding for the needed changes.

Extinguishment of all past Narragansett Indian claims in the State of Rhode Island was announced by the Interior Department today following publication in the Federal Register of findings by Interior Secretary Cecil Andrus that the State legislature had enacted the necessary enabling legislation.

Under terms of the Rhode Island Indian Claims Settlement Act, the Narragansett Indians will receive 1800 acres of land in Charlestown, Rhode Island, in return for the relinquishment of all their land claims.

The Act, which President Carter signed into law on September 30, 1978, implements a settlement negotiated by the Narragansett Indians, the State of Rhode Island, private landowners and the town council.

"The parties to this settlement are to be congratulated," said Secretary Andrus. "Governor J. Joseph Garrahy, the Narragansett leaders, the Rhode Island General Assembly, the state's congressional delegation, the town council and private landowners can all feel justifiably proud of their work. Through their patience, leadership and commitment, they have achieved something which has so far escaped other affected eastern seaboard states--the out of court settlement of an Indian land claim.”

The Indians filed suit in 1975 for 3200 acres of land in Charlestown which it claimed had passed out of tribal ownership in 1880 in violation of the Trade and Intercourse Act of 1790. That law says that conveyances of Indian land are invalid unless approved by the Federal government.

The pending suit clouded title to land in the town, even land not involved in the Narragansett claims. Lengthy negotiations produced an agreement whereby an Indian-controlled corporation would get 900 acres of land from the state and would buy another 900 acres in private ownership with $3.5 million the Federal government would provide. In return, the agreement authorized the extinguishment of all Narragansett claims in Rhode Island.

The Settlement Act required legislation by the Rhode Island General Assembly to set up the corporation and to authorize the transfer of 900 acres of state­ owned land to the corporation.

Governor J. Joseph Garrahy signed the implementing legislation on May 10

A Navajo family enterprise in Arizona, a New Jersey medical doctor, and a prominent Colorado educator today were selected by Secretary of the Interior Stewart L. Udall to receive Conservation Service Awards from the Department for outstanding contributions in safeguarding natural resources.

The award to the Navajo conservationists was the first family group award in the Department's history.

Denet Tsosie and Willie Shirley of Chinle, Ariz., along with the 12 members of their families, were cited for their pioneering work in improving a large area on the Navajo Indian Reservation for grazing. Their efforts were characterized as "an example of unusual moral courage, together with technical and management skill applied in the highest traditions of the Department's concepts for conservation of the Nation's natural resources."

The clearing, seeding, and fencing pattern developed by Denet Tsosie and his son-in-law, Willie Shirley, began in 1955 and has become a model for livestock farmers on and off the reservation.

Dr. Paul H. Fluck, 73 N. Union St., Lambertville, N. J., was selected for the award because of his many activities associated with nature preservation and the Washington Crossing Nature Conservation Center in Pennsylvania and for his exceptional record in banding wild birds for scientific purposes. Dr. Fluck has given nature lectures to hundreds of thousands of people at the Center, where he established a bird-banding station in 1952 and since has banded nearly 100,000 birds.

"The message you have so effectively delivered at the Washington Crossing Nature Conservation Center has increased the interest and participation of thousands of people in working toward better wildlife management," Secretary Udall said in the citation for Dr. Fluck.

Jack V. K. Wagar, 415 E. Laurel St., Fort Collins, Colo., was honored for his 40 years "as an educator in the field of recreation policy, wildlife, wilderness, and wildland resources management." Mr. Wagar is Emeritus Professor and Emeritus Head of the Department of Forest Recreation and Wildlife Conservation, Colorado State University.

"Your formulation of the Forest Recreation program at Colorado State University has gained a national reputation and many of your students have secured responsible positions in Federal agencies responsible for land management," his citation reads. "Indicative of your constant work for conservation have been your activities in the Wildlife Society, American Forestry Association, and American Association for the Advancement of Science, the United Nations Scientific Conferences on the Conservation and Utilization of Resources, and the Inter-American Conference on the Conservation of Renewable Natural Resources."

New superintendents of the Bureau of Indian Affairs for Eastern Navajo Agency, Crownpoint, N.M., and Fort Totten Agency, Fort Totten, N. D., were named today by Commissioner Robert L. Bennett. Both superintendents are of Indian descent.

Edward O. Plummer, Tohatchi, N.M., was names to the superintendence of the Eastern Navajo Agency. He is now realty officer at the Navajo Area Office, Window Rock, Ariz. Plummer is the first Navajo Indian appointed by Commissioner Bennett to be superintendent of an agency in the Navajo area.

Jerome F. Tomhave, Elbowoods, N.D., was appointed superintendent of the Fort Totten Agency from the post of realty officer of the Hoopa Area Field Office, Hoopa, Calif. Tomhave is a Gras Ventre Indian.

Plummer, 40, is a former employee of the Navajo Tribe and has served six years with the Bureau of Indian Affairs in Gallup, N.M., Fort Defiance, Ariz., and Window Rock, Ariz. He will replace Kent FitzGerald, superintendent at Crownpoint since October 1960, who was transferred April 21 to the post of community development officer of the Navajo Area Office at Window Rock.

Tomhave, 38, has had 15 years’ service with BIA, serving in progressively responsible positions beginning at the Fort Berthold Agency, Elbowoods, N. D. He also has served with Bureau of Indian Affairs agencies at Belcourt, N.D., Ashland, Wis., Harlem, Mont., Dixon, Mont., and the Aberdeen, S.D., and Minneapolis, Minn. Area offices. He replaces James D. Cornett, who is transferring to the superintendency of the Zuni Agency.

Plummer attended Bacone College, New Mexico Highland University, and the University of New Mexico. He served in the Army, including one year in Japan, and is the father of two daughters.

Tomhave is a graduate of Haskell Institute, the Bureau of Indian Affairs post-high school vocational school at Lawrence, Kan. He also has served in the Army, and is the father of six children.

New superintendents have been named for two Bureau of Indian Affairs agencies -- the Zuni in New Mexico and the Fort Hall in Idaho -- Robert L. Bennett, Commissioner of the Bureau of Indian Affairs, announced today. Both superintendents are Oklahoma men and transfer from North Dakota agencies.

I James D. Cornett, Superintendent of the Fort Totten, N. D., and Agency has been reassigned to head the Zuni Agency, and William A. Mehojah, Superintendent of the Turtle Mountain Agency, Belcourt, N. D., is to be Superintendent of the Fort Hall Agency.

Cornett succeeds Joseph F. Otero in the Zuni post. Otero transferred to the Department of Commerce to become executive assistant to Orren Beaty, Federal Co-Chairman of the Four Corners Regional Commission. A successor for Cornett at Fort Totten has not been named.

Mehojah succeeds John L. Pappan, who was transferred to be Superintendent of the Osage Agency at Pawhuska, Okla. A successor for Mehojah at Turtle Mountain has not been named.

Cornett, 45, a native of Kaw City, Okla., began his career with the Bureau of Indian Affairs as a soil scientist and has served at the Fort Peck and Blackfeet agencies, Mont., and the Zuni Agency, N. M. While at the Zuni Agency he served as acting superintendent for a period of 6 months.

Cornett graduated with a Bachelor of Science degree from Oklahoma State University in 1952. He served in the Navy during World War II. Cornett is married and has one son.

Mehojan, 51, is a native of Sayre, Okla. Government began in 1939 at the Pawnee Agency years with the Veterans Administration, Mehojah responsible positions with the Bureau of Indian South Dakota, and North Dakota.

His career with the Federal Except for a period of seven has served in progressively Affairs in Oklahoma, Montana, and Of Indian descent, Mehojah was graduated from Haskell Institute and Muskogee Junior College. He served in the Army in the European Theater during World War II. He is the father of a son and daughter.

Cornett's transfer is effective May 19; Mehojan's transfer is effective June 2.