OPA

WASHINGTON - Secretary Gale A. Norton issued an open letter to the residents of the White Mountains of Arizona today expressing her condolences to the friends and family members of those killed while battling wildfires in the region. Secretary Norton emphasized that the recent tragedies have underscored her determination to ensure that public firefighter safety be an issue of top priority within the Department.

"The recent loss of life and injuries to firefighters here, in Idaho, and in Washington State, underscore my resolve to ensure public firefighter safety remains our number one priority," Secretary Norton said. "The legacy of safe healthy forests is one of the greatest things we can do in memory of those who have perished, those who have suffered, and finally those who have survived the recent tragic events."

It is a great honor to be invited to participate in the annual ceremonies of the Ponca tribe and be the guest of the respected leaders of the tribe, chairman John William and councilman Dana Knight.

He's also distinct pleasure to appear before the Ponca City Chamber of Commerce forum and renew my acquaintance with so many of my longtime friends.

I thank you for the privilege and high honor of speaking to you and you want to express my gratitude for this hearty reception and the opportunity to discuss both problems and accomplishments I have experienced as head of Indian Affairs of our federal government.

Ponca City is one of the many cities in the United States that has the honor of being the namesake of the Great American Indian tribe. It has a large Indian population has shared the Heritage culture and economy of many tribes and yet, I wonder if it is like other communities in our society or indeed the nation itself understands the first responsibility, to the Indian citizen.

For this reason, I want very much to use this opportunity to speak to you as Community leaders and through you to others of the nation.

I was asked by the secretary to come to Washington in February of this year to assist him with the Bureau of Indian Affairs I had suffered an unprecedented amount of disarray.

Commissioner had been dismissed in the top election of management had resigned the Washington office had fallen victim to your militant takeover with records stolen and destroyed. Field offices and Indian schools had come upon an easy times and tribal governments had the eerie experience of being threatened. The general public, and to some extent, the federal government, was not only confused but demanded affirmative action. The incident at Wounded Knee had its roots in the fall of last year and bloomed into a confrontation at about the same time I arrived on the Washington scene.

Having been the head of an Indian tribe for many years and knowing firsthand the frustrations of the American Indian it was not difficult to have a feeling of compassion and understanding for all factions the Indians, Government and the General Public. Although many inequities have befallen the American Indians, all tribes, individuals and organizations seek the same things equality, opportunity and justice none can afford the luxury of division of thought or purpose.

The federal government assumed an obligation by treaty or agreement to a limited portion of the total Indian population. Many tribal groups are not federally recognized and are not extended the services of the Bureau of Indian Affairs. For the most part, those served by government or those tribes having a land based in which government has a trust responsibility.

From this responsibility came the obligation for education and eventually ability of services. When we measure Indian achievement, we note a remarkable Improvement in the past 20 years. This Improvement is attributable to many things the public and private sectors, local communities and individuals but most of all, the initiative of the Indian himself.

The American Indian has a basket of mixed blessings in his relationship to the federal government. On the other hand, he has the resources of government to sustain him and provide some degree of self-development. On the other hand, he's the victim of our political process. The Bureau of Indian Affairs is his only exclusive agency in government and while we hear a great deal about its omissions as expressed by the Indian Community, seldom do we hear of the ill-treatment it gets from the many agencies government as it carries out the role of being an advocate for the Indian in government.

At the outset I started there are four things I deem important to the protection of the American Indian and have laid the groundwork for their future development.

First, an amendment to the United States Constitution that lays to rest once and forever the matter of termination of federal Services by the unilateral action of any branch of government.

Second, a better opportunity for participation in the financial resources of our country. this can be done in three ways, an improved budget process the use of Revenue Bond financing physical improvements national banking system for the Indian Community.

Third, A massive Indian Reservation renewal act that would provide 250 million each year for 10 years to bring not only needed improvements in the reservation properties, but simultaneously eliminate unemployment and within the 10-year develop a “gross national product” each reservation area. Today the federal dollar merely passes through the reservation without the benefit of being “turned over” to generate a local economy.

Fourth, a complete study of all laws, rules, regulations, codes and manuals that affect the federal relationship to the American Indian.

All of these girls are in direct support of the policy announced by President Nixon in a message to Congress in July 1970, a policy of Greater self-determination for the Indian tribes and their people. The president reaffirmed the policy in his message of last March 1st, when he said:

“What are Indian people the policy of this Administration will continue to be one of advancing opportunities for self-determination, without termination of the special Federal relationship with recognized Indian tribes.

In keeping with that policy, the Bureau of Indian Affairs is structured to reflect the thinking and the feelings of the majority of Indian people. These include:

1. Encouraging tribes to participate in the redirection of existing programs in order to insure private priorities.
2. Increase resistance to the Indian people for employment of tribal members in their own communities.
3. Prediction of Indian Resources, with the highest priority given to Land Titles, boundaries, and water rights.
4. Increase in the number of quality of roads on Indian reservations to accelerate their economic potential.
5. Increasing tribal control over Indian education.

Each of these major items is intended to move government toward Indian orientation rather than a controlled environment at the federal level. And each is succeeding in its purpose.

Now let's look at some of the accomplishments and see if we have made any progress in the past 6 months.

To the credit of all, there is nobody greater cohesiveness of purpose in the Indian Community hostility among Indians has substantially that subsided and unity of purpose is now more evident.

The governmental agencies, and particularly the Bureau of Indian Affairs, are recovering from management deficiencies and operating more normally. In turn, they will become more responsive to the needs of tribes and individuals.

Progress is being made in the Congress and legislation that will provide many opportunities for advancement on Indian reservations and protect the rights of the tribes and the individuals.

An American Indian national bank, owned by the Indian Community has been formed and will become operative this fall. It will be headquartered in Washington with access to the financial Circles of the dominant Society.

The justice department has activated a civil rights division for the exclusive protection of the American Indian in his constitutional and tribal privileges.

A bill has been introduced into the Senate to establish commission to study and recommend revision of the last governing the relationship of the federal government to the Indian.

Tribal governments are now more active in exercising the prerogative of a sovereignty and revising their constitutions to become responsive to the needs of their constituents.

Indian schools are now supervisors to buy school boards with Indian parents serving as members to assure responsive education for the Indian youth. Some schools are being contracted to Indian Organization for total operation of educational system.

Needless to say we have a long way to go, but compared to the State of Affairs a few months ago, the probability of success looks much brighter today.

American flute by coding hearty agreement, the words of Secretary of the Indian Affairs Rogers C.B. Morton:

“My great hope for the Indian that the feelings he has about himself. My prayer is that soon he will sit at his table and in truth be thankful for the bounties of this land his land our land. I want his heart to swell with pride that he is an American, and that's for him there is an American Dream. He must be comfortable in his Heritage and proud of his ancestry. I pray that he will kill himself a part of the speed and strength of America.”

In that sentiment, I know you will join with me.

To THE AMERICAN PEOPLE:

There has been and is being much written about the American Indians. Much of the editorializing is out of focus. The reader ls often left with the impression that the Federal Government is some kind of a monster on the war path trying to destroy the American natives. Nothing could be farther from the troth. I am not trying to de­fend the past. I am the first to admit that the formulae of the past fell short of the mark and resulted in a rela­tive holding action in the struggle for existence faced by the Indian tribes. ­­­

President Nixon recognized this early on in his first ad­ministration and on July 8, 1970 his message to the Congress on Indians articulated a new direction and a new set of policies. The major thrust of his message was toward complete self-determination as opposed to the historic doctrine of termin­ation. Self-determination means Indian direction and management of Indian af­fairs. It means that the tribes themselves call the tone. But it does not mean that any tribe will be left floundering without leadership, direction or its fair share of the allocated resources. It does not mean that accountability for the use of Federal funds is foregone or forgiven. It does mean that the Indians, if and when they desire, can grow out of being a ward of the State into involvement and full participation.

The President called on the Congress to provide author­ity for tribal takeover of federal programs to the funded by the government through con­tracts with the tribes. He proposed new levels and more money for education, health services, and economic development. He proposed the return of Blue Lake. In spite of the fact that most of the leg­islation the President asked for remained unconsidered by the Congress much of the President's program has been implemented within existing authority.

Here are some facts that I think every American ought to have at hand before charg­ing into the judgment seat to pass on the pros and cons of the country's relationship with and responsibility to its indigenous people.

The programs and services of the Bureau of Indian Affairs of Interior are by law directed only to federally recognized tribes. These are tribes and, groups for which the government hos a specific trust responsibility, the origin of which ls a treaty or agreement.

Most of the federally recognized tribal people live on reservations, allotted lands or in the native villages of Alaska. It is estimated that there might be as many as 400,000 people having 25% or more Indian blood who live in the cities or away from the influence of the tribe. There are a few tribes that are not federally recognized; some of these are recognized and ser­viced by the states in which they are located. A few have terminated their relationship with the government. To say the least, the total Indian Community is heterogeneous. They are located an over the country. However, all of the tribes of over 6,000 people are west of the Mississippi River.

Indians or native people who are not part of the federally recognized or state serviced systems are all fun fled, red citizens of the United States, as are an Indians, and eligible for all programs available to everyone else in the same socio-economic status. This Indian to govern­ment relationship is under debate. The question is should an Indian outside the federally recognized system be treated or serviced by government differently or separately from individuals of other racial origins. This is a matter of national policy and should he dealt with by the Congress.

There are 478 federally rec­ognized tribes or groups totaling 488,000 native people. The largest is the Navajo with a population of over 125,000. Some groups consist of only a few families. The great bulk of the total falls within the 25 largest tribes and the Alaska natives.

The tribes to a degree govern themselves through a democratic system. They elect a Chairman or Chief and a Tribal Council. The Depart­ment of the Interior and the Bureau of Indian Affairs re­cognizes the elected tribal government. It is the policy of the Department to work with the tribal governments to prevent duplication of ef­fort-to maximize the ben­efits of available programs to the members themselves.

The Department of the In­terior through the BIA car­ries out only part of the to­tal federal effort for Indians. For example, the 1974 budget provides total federal fund­ing for Indian programs of over $1,200,000,000 of which the BIA portion is approxi­mately $550,000,000. This rep­resents a massive increase of dollar effort during the Nixon years. The BIA, for example, was funded at the $250,000,000 level when the President came to office in 1969.

Another fact is that the BIA Is an Indian oriented organization. The Bureau hires and promotes on an Indian preference basis. During the last four years two thirds of the top officials in the BIA were Indian including the Commissioner.

One-third of all the BIA employees who are so often criticized because of their numbers (17,000) are teach­ers in Indian schools. The BIA higher education schol­arship program of 20 million dollars per year virtually guarantees an Indian boy or girl a college education if they will qualify themselves and work at it. The spectrum of vocational training has been broadened with new op­portunities at all levels.

The approved budget re­quest for fiscal 1974 by In­terior for Indian training and manpower development is $35.3 million. The total vo­cational and manpower train­ing money will be about $64% million. If vocational training were funded at the same rate for the total Ameri­can population the annual cost would be over $26 billion.

Economic Development this is a slow and arduous task. The investment of capital is only a small part of it. Great magazines, for example, are not just printing presses and pulp forests. They are an organized group of dedicated, skilled people. The same is true for a successful Indian enterprise, but it doesn't come about overnight.

There has been progress. We are moving ahead with more industrial jobs avail­able every year and more new successful Indian enter­prises in being. The critic jumps on the Indian unem­ployment figure. It is high, very high, about three times the national average. Part of this is because he is not where the work is-part of it is because he does not have the skill required-part of it is his own lack of motivation. The road of least resistance is all too often not to work or go out and seek a job. But in spite of the odds imposed by these circumstances, more money, government and private, is being invested, more jobs are available and more Indians are working for pay. In the last few years, 8,000 jobs have been opened up to Indians through BIA efforts. There are 475 new Indian owned enterprises in being. Some will fail, but most will succeed.

It is difficult to generalize when describing the charac­teristics of the Indian Com­munity. There is great variance in point of view and attitude among individuals and wide differences in the styles and approach to life from tribe to tribe.

On the fringe of all of this there has grown up in the wake of the black militant movement in this country a revolutionary Indian element. Dramatic violence is their pattern. The occupation of Alcatraz, Nike sites, the fed­eral office building in Wash­ington, the village of Wounded Knee and others all fall into it. Their effort is symbolic rather than sub­stantive. They believe that the pursuit of their cause transcends their criminal methods. Their demands are vague and change from day to day. They do not represent a constituted group with whom the government can contract or can serve.

Some of their leaders are star struck with self-right­eousness, some are renegades, some are youthful adventurers, and some have criminal rec­ords. They come forth with great gusto when there is hell to raise, otherwise, they are loosely organized slip­ping from one expensive to the taxpayer’s event to the next under a cloak of false idealism. The bloody past is the color of their banner, publicity is the course of their future.

There is no way to relive the past. History is full of atrocities. You don't break the poverty cycle by reliving the Sioux massacre at Wounded Knee. And you gain little revenge by glorifying the fall of Custer. With former Commissioner Bruce, I have maintained a wide open policy of communication with all Indian groups, federally recognized or not. I will continue to do so. The militants know .that.

It is not a problem for them to sit down with me, the Department, or Members of the Congress or officials in other agencies of the govern­ment and discuss ways and means to improve the Indian to society or Indian to gov­ernment relationships. All of the so called "rights" prob­lems which the militants dramatize fall into one of these categories.

The Courts and the Claims Commission are loaded with "rights" cases and I am sure will be for some years to come. Some of these are very difficult. In many cases it's hard to find where the equity really is. Nobody argues that we should discontinue a vigorous pursuit of justice and settlement in the whole spec­trum of water rights, boun­daries, mineral rights, dis­crimination, and all the rest. I wish we could speed it up. The President's Trust Coun­cil proposal which the 92nd Congress ignored would help if it became law. This pro­posal provides for the In­dians a separate legal counsel eliminating the inherent con­flict of interest which now exists in the government's efforts to seek remedies and, to determine Indian rights.

There is one thing of which I am very sure. Nothing is gained by blackmail. You cannot run this government or find equitable solutions with a gun at your head or the head · of a hostage. Any agency of government that is forced into a fast deal by revolutionary tactics, black­mail or terrorism is not worth its salt. These are criminal operations and should be dealt with accordingly.

There is no way that I or any other Secretary can undo the events of the past. If it was wrong for the European to move on to this continent and settle it by pioneerism and combat, it was wrong. But it happened and here we are. The treaties with the Indian tribes which seemed right during the conquest of the west are today the sub­ject of much criticism.

What I have tried to do is look at the whole problem in the light of realism. Noth­ing will be gained by promot­ing a national guilt complex. What I am doing and intend to continue to do is to pursue some fundamental and achievable goals in the area of my responsibility for Indian affairs.

The first and foremost ob­jective is to provide a ladder of federal programs and op­portunities on which the In­dian can climb out of the bot­tom of the social barrel. The breakdown of this falls in the categories of education, health services, vocational and man­power training and economic development and public-works. I am grateful to the President for his leadership in this effort. I also am confident that this Congress will be forth­coming with the perfecting legislation and appropriations for this.

Secondly, I suggest econom­ic assistance of several kinds and the provision of skilled manpower to strengthen the tribal governments so, if they desire, they can take over all their affairs and direct gov­ernment financed programs within their own communi­ties. This will take time and for the very small groups may not be desirable. We must recognize that the suc­cess of a tribe as an entity is not measured by the qual­ity of the federal agency on the reservations but by the capability and sense of re­sponsibility of the elected tri­bal Chairmen and Council. If working with the tribes, we can do a good job in perfect­ing the capabilities of tribal governments, the BIA should, over the years, work itself out of business.

Thirdly, I feel strongly that we have been too slow in the development of essen­tial public works and water systems on Indian reservations. Roads are essential. We are about 100 million dollars short of bringing the Indians' road system up to the nation­al standard. Indian water and irrigation systems should be moved to completion. Com­petition for these dollars is rough, but I am fighting for them.

My great hope for the Indian is for the feelings he has about himself. My prayer is that soon he will sit at his table and in truth be thank­ful for the bounties of this land-his land-our land. I want his heart to swell with pride that he is an American and that for there is an American dream. He must be comfortable in his heritage and proud of his ancestry. He must be shameless in the spiritual pursuit of his God. He must feel free to cherish and husband what he fancies from his ancient culture; as he must feel akin to the arts and works of his time and of his contemporaries. I pray that he will feel himself part of the spirit and strength of America, not a burden to America.

It seems to me this is a prayer that can be answered not only by the actions of a committed government and people, but more by the In­dian himself climbing steadily rung by rung from a base of opportunity unmatched any group in the society/ the world.

Facts and Figures

1. Federally recognized tribes and groups: 481

2. Population of Indians on or adjacent to reserva­tions who are serviced by BIA: 488,000

3. Fiscal '73 funding for training and manpower development of Indians:

a) BIA: $42,427,000 (Fis­cal '74 request: $35, 307,000)

b) Other Federal agen­cies: $21,929,000 Total: $64,356,000

4. Indian scholarship fund

a) Fiscal ‘73: $20,956,000 (fiscal ‘74 ... request: $19,938,000)

b) 13,500 students are benefiting from these scholar­ships

5. Approximately 8,000 jobs for Indians have been opened up through the ef­forts of BIA to place In­dians in permanent posi­tions in business and industry 7. 1969 BIA budget: $249.2 million

8. There are 17 tribes and groups with a total popu­lation of 2,498 which are not recognized by the Fed­eral Government, but are recognized and serviced by State governments.

9. There are 52 tribal enti­ties which are not recog­nized by the Federal or State Governments with a total population of 63,866 (all over the country but 38,700 are in North Carolina)

10. Under the President's rev­enue sharing plan $6.2 million are going to Indi­an tribes or groups (this includes those recognized by the Federal Govern­ment and 10 which are recognized by State Gov­ernments - the revenue sharing plan allocates money on a county . basis i.e. if of a

Indian 8% population Indian land, the Indians will receive 8% of tile funds from that county.)enterprises have been es­tablished over the past few years.

Ada E. Deer, Assistant Secretary for Indian Affairs is pleased to announce that on June 3, 1996 the Department of Justice on behalf of the Department of the Interior petitioned the United States Supreme Court to review the Eighth Circuit, U.S. Court of Appeals holding that Sections of the Indian Reorganization Act of 1934, (IRA) (25 U.S.C. 461 et seq.), is unconstitutional (69 F.3d 878).

Section 5 of the IRA provides in part that:

The Secretary of the Interior is authorized, in his discretion, to acquire, through purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing reservations, including trust or otherwise restricted allotments, whether the allottee be living or deceased, for the purpose of providing land for Indians.

The IRA was enacted to reverse the disastrous massive loss of land suffered by the Indian tribes resulting from the Indian General Allotment Act (24 Stat. 388, (1887)). In the petition for writ of certiorari the Solicitor General for the Department of Justice states "The IRA's 'overriding purpose was to establish machinery whereby Indian tribes would be able to assume a greater degree of self-movement, both politically and economically."' The petition for Certiorari requests that the Supreme Court grant the petition, (1) vacate the holding of the court of appeals, and remanded the case to the district court. It further requests that the district court remand the matter to the Secretary of the Interior for reconsideration of his administrative decision - the placing of the 91 acres of fee land into trust for the Lower Brule Sioux Tribe, or (2) in the alternative, that the Supreme Court grant plenary review and set the case for briefing and argument. "Approximately nine million acres of land has been taken into trust since the IRA was passed. The declaration that this law is unconstitutional is potentially devastating to the Indian community. It attacks the ability of Indian tribal governments to govern, because it places at issue tribal jurisdiction which involves law enforcement, taxation, land-use regulation, housing, fishing and hunting rights," said Ms. Deer.

"The federal government has a trust responsibility to Indian tribes and mu t protect one of the most basic tribal 'rights," aid Ms. Deer. "American Indians have always had a special connection with the land. American Indians lost approximately 90 million acres of land after the Allotment Act was passed. The IRA was passed specifically to correct this problem and provide a basis for Indian tribal governments to form an economic foundation upon which to become self-sufficient." In 1990 the Lower Brule Sioux Tribe purchased 91 acres of fee land [land which was in private non-Indian ownership] to develop an industrial park. Under Section 5 of the IRA the Tribe requested that the Bureau of Indian Affairs place this land "in trust" for their benefit. The Bureau, following requirements of the Code of Federal Regulations (25 CFR 151), notified the local non-Indian government of the request. On July 13, 1992 the State of South Dakota and City of Oacoma filed a complaint in the United States District Court for the District of South Dakota. Only after the land had been taken into trust, was the issue of the constitutionality of Section 5 of the IRA raised when the State and city filed an amended complaint. The district court ruled that this challenge was without merit. However, the court of appeals reversed the district court's decision which in effect sustained the proposition that Section 5 was unconstitutional.

PUBLIC MEETING #6

MEETING LOCATION

ONLINE ACCESS

Members of the public who wish to attend the Commission's meeting, please RSVP by June 3, 2013, at the following address: trustcommission@ios.doi.gov

­­­ Appointment of Stanley D. Lyman, 60, Superintendent of the Pine Ridge Agency, Pine Ridge, S. Dak., since October 1971, to head the Indian Trust Protection Office of the Phoenix Area, Bureau of Indian Affairs, beginning November 11, was announced today by Marvin L. Franklin, Assistant to the

Secretary of the Interior for Indian Affairs. "Stanley Lyman has been of tremendous service to the Oglala Sioux Indians that live on the Pine Ridge Reservation," Franklin said. At Phoenix, he will head a new, key unit of the Bureau -- the Office of Trust Responsibility. This Office protects and helps administer the Indians' basic resource -- their lands. In this post, Lyman will work with the protective aspect of Federal Indian matters at the field level."

Lyman will be replaced at Pine Ridge by Albert W. Trimble, 45, an Oglala Sioux, who has been named Acting Superintendent at Pine Ridge effective November 11.

Lyman received his B.A. in 1936 from Yankton College, S. Dak., and his M.A. in 1944 from Colorado State University.

He began his government career with the Department of Agriculture in 1941 as an assistant rehabilitation supervisor at Pine Ridge, He then became a farm labor assistant and program supervisor for the Department of Agriculture at Belle Fourche, S. Dak., returning to Pine Ridge in 1952 to join the Bureau of Indian Affairs as a placement officer.

He became placement and relocation officer at the Aberdeen Area Office, Aberdeen; S. Dak., in 1953 and a field relocation officer at Denver in 1954. He moved from Denver to Chicago to become a supervisory relocation officer in 1958 and was named Superintendent of the Fort Peck Agency in 1962 and the Uintah and Ouray Agency in 1967. He is married and the father of a son and a daughter.

''We feel fortunate that the Bureau of Indian Affairs has a man with Trimble's qualifications to assume the Pine Ridge post," Franklin said. ''He has served the Bureau and Indian people for 17 years on two different Indian reservations and in three major cities. In addition, he is intimately familiar with the Pine Ridge Reservation and its people. He returns to South Dakota from a top Washington, D.C., administrative position."

Trimble served in the United States Army for three years, following which he was graduated from Haskell Institute at Lawrence, Kans., now Haskell Indian Junior College.

He began his career with the Bureau of Indian Affairs in the Northern Idaho Agency at Lapwai, Idaho, in 1956. He assumed progressively more responsible jobs with the agency until 1962, when he moved to Los Angeles with the Field Employment Assistance Office there. He became Superintendent of the Rocky Boy's Agency, Box Elder, Mont., in 1967, a post he held until October 1970, when he moved to the Oakland, Calif., area to serve as Field Employment Assistance Officer.

He became Chief of the Division of Employment Assistance for the Bureau of Indian Affairs with offices in Washington, D.C., in 1972.

He is married to Mary Anne Trimble, a member of the Rosebud Sioux Tribe. They have seven children.

Mr. Chairman, Governor O'Callaghan, distinguished guests, ladies and Gentlemen:

It is an honor to respond to your invitation to be here for the Third Annual State Indian Conference. I congratulate our hosts, the

A Nevada Indian Affairs Commission, for this event, and I congratulate

Governor O’Callaghan for his sponsorship of this conference. I am aware of the reputation of this Commission for your fine record of accomplishment in behalf of Indian progress in your state. In my opinion, much that you have done stands as a model for other states with substantial Indian populations.

I bring you the warmest greetings of my immediate superior, Secretary of the Interior Rogers C. B. Morton, and assure you of his concern and dedication to our common task of serving the Indian communities of our nation, we in the Bureau of Indian Affairs and you in your State Commission.

As you leaders in Indian affairs in Nevada are aware, I was asked by the Secretary to come to Washington in February of this year to assist him with the BIA. It had suffered an unprecedented amount of disarray--the Commissioner had been dismissed, the top echelon of management had resigned, the Washington office had fallen victim to a militant takeover with records stolen and destroyed. Field offices and Indian schools had come upon uneasy times and tribal government had the series experience of being threatened. The general public, and to some extent, the federal government, was not only confused but demanded affirmative action. The accident at Wounded Knee had its roots take over in the fall of last year and bloomed into a conference at about the same time I arrived on the Washington scene.

I realize, as you do all, that there were many injustices heaped upon the Indian tribes and people in years gone by, as settlers of the dominant white race, eager for land and natural resources, steadily pushed westward and relentlessly crowded the original people out of the way. And some people, no friends of true Indian progress, would like to pretend nothing has changed. In my office I saw a film recently, produced by Encyclopedia Britannica – supposedly a reputable firm intended as “educational material” for school children all over America. This film harped back to the old days of Indian wars, the trail of tears, and the massacre at Wounded Knee in 1890. The clear intent of the film is to imply that such harsh and unjust treatment of the Indians is still the policy of the white race, backed by the government.

Nothing in the film gives credit to the constructive work of Education, welfare, employment housing, and countless other programs for assistance and helpfulness which you and your associate and which my associates and I are extending to our Indian fellow citizens. Nothing was said or shown in the film about the attempts to correct the Injustice has in The Taking of Indian lands by restitution through the Indian Claims Commission.

This is the sort of thing being sponsored by those who desire to rule or ruin the BIA I venture to say that some of them desire also to intrude upon the good work you in this state commission or doing they do not have the welfare of the Indians their heart but only their own selfish interests.

In contrast there are millions of people in this country of ours of all Races who appreciate our efforts in behalf of this Noble minority of original Americans I feel that you and I and our associate need to inform them and the public-at-large more fully as to how essential our efforts are to Indian progress.

I appreciate the time you have given me on this program this evening but it gives me the opportunity to discuss the team the Bureau of Indian Affairs an Indian resource.

It is certain that all of you here all dedicated as you ought to assisting in the continuing advancement of our Indian people know very well the relationship of the Bureau of Indian Affairs to the reservation Indians as well as the relationship of the BIA to such public-spirited organizations as your own in the state have ever let me consider with you several ways by which the BIA is actually in wide area resource for the American Indians in this Of considerable change and adjustment.

With this in mind what can I say after the Bureau of Indian Affairs being a true asset to the reservation Indians?

First: traditionally from the time it was established the Bureau of Indian Affairs has stood staunchly as an abiding protection for the rights of Indian people from the time when the Indians were conquered people Through the years when they were closely confined to reservations under a paternalistic system of support by the “great white father” and an egg into the modern day when they are full citizens of the United States with all the political and civil rights enjoyed by citizens of all other ethnic Origins, the BIA has carried the responsibility of protection and assistance to all Indians on land held in trust by the federal government.

The BIA must never lose sight of the fact that its fundamental duty is to the reservation Indians. I realized as you do that there are would be Indian leaders who are not a part of reservation life who would like to cripple or even abolish the US Bureau of Indian Affairs.

And such people are asked who would take over its duties they answer “we would”. When pressed for a better answer some of these militants declare that they would not only abolish the beautiful but also do away with the duly elected Chiefs and tribal councils. These are the same types of urban Indians who contend that all the old treaties must be revived and enforced exactly as originally written such as Sioux Treaty of 1868 even though those treaties have been modified time and again by acts of Congress generally for the benefit of the Indian people themselves.

They live and work if we can do so compatible with our primary duty but the federal government's fundamental responsibility has been is now and in the future must be for the reservation Indians.

Second the Bureau of Indian Affairs is the Indians great resource in establishing the groundwork for their future progress and development in this connection at the outside of my work with the Bia I stated there were four things I deemed important to keep abreast of the needs of reservation Indians.

1. An Amendment to the US Constitution or specific legislation by Congress that lays to rest once and for all the matter of termination of federal Services by the unilateral action of any branch of government.
2. A better opportunity for participation in the financial resources of our country this can be done in three ways and improve the budget process the use of Revenue Bond financing for physical Improvement and a national banking system for the Indian Community.
3. A massive Indian Reservation renewal act that would provide $250 million each year for 10 years to bring not only needed improvements in the reservation properties but simultaneously eliminate unemployment and within the 10-year. Gross national product for each reservation Area today the federal Dollar by merely passes through the reservation without the benefit of being turned over to generate a local economy.
4. A complete study of all laws rules regulations codes and manuals that affect the federal relationship to the American Indian.

In the third place the Bureau of Indian Affairs is a definite resource for American Indians because it encourages tribes to participate in existing programs to ensure their own tribe of priorities this includes increased assistance to the Indian people for employment in their own communities protection of their resources with the highest priority given to Land Titles, boundaries and water rides better roads on their reservations and increase tribal control of their education.

Each of these is a major item in the policy of the BIA to move the Indian people rapidly toward self-government and I am glad to say each is succeeding in its purpose all of these goals are in direct support of the policy announced by President Nixon in a message to Congress in July 1978 policy of Greater “self-determination” which I prefer to call “self-government” at the private level.

Though the cooperation of the BIA, Congress and the many other agencies of our government programs is being made in protecting the rights of Indian tribes and individuals and in providing and seeking opportunities for advancement on the reservations I cite these examples.

An American Indian national bank owned by the Indian Community has been formed and will become operative this fall it is headquartered in Washington with full access to the financial circles of the community.

The justice department has activated a civil rights division for the exclusive protection of the American Indian in his constitutional and tribal privileges. A bill has been introduced into the Senate to establish a commission to study and recommend revision of the laws governing the relationship of the federal government to the Indian.

Tribal governments are now more active in exercising the prerogative of a sovereignty and revising their constitutions to become responsive to the needs of their constituents.

Indian schools are not supervised by school boards with Indian parents serving as members to ensure responsive education for the Indian youth.

Some schools are being contractor to Indian Organization for total operation of the educational system.

Industrial program for the reservations is going steadily forward since its beginning in 1957, the program has enlisted the corporation of about 250 business firms which have come out to the Indian areas with new or branch plans to employ Indian workers. In addition, scores of Industries have been set up, entirely owned and operated by Indians adding still greater opportunities for steady payroll jobs.

This program has had the cooperation of State Indian commissions such as yours here in Nevada, wherever there are substantial Indian populations in this field I speak with experience for as many of you know in 1965 I Was Made director of “Cooperative projects” for the company of which I was an employee in Oklahoma in this test I work with government and Industry to create jobs for disadvantaged people particularly Indians. I helped establish some 75 separate Indian owned and operated companies in several States. It was an experience that convinced me that Indians given proper training can hold their own in the modern American economy I hope and expect that in the future we may have even greater cooperation between the BIA and the State Indian commissions.

Having been the head of Indian tribe for many years and knowing firsthand the frustrations of the American Indian, it is not difficult for me to have a feeling of compassion and understanding for all factions the Indians government and the general public although many inequities have befallen the American Indian, all tribes, individuals and organizations seek the same things equality of opportunity and Justice none can afford the luxury of division of thought or purpose.

It is my hope and purpose that we may all work together weather in state or federal government to present a unified front for true progress for our Indian citizens for individuals and families for tribes and their communities needless to say we still have a long way to go but the probability for success looks brighter every day I wish for you my fellow Associates in a noble cause every success in your programs and activities and I hope to be in a position to help in any way I can.

May I conclude by quoting with my hearty agreement the words of Secretary of the Interior Rogers C.B. Morton.

My great hope for the Indian is for the feelings he has about himself. my prayer is that soon he will sit at his table and in truth be thankful for the bounties of this land is land our land I want his heart to swell with pride that is an American and that for him there is an American Dream. He must be comfortable in his Heritage and proud of his ancestry I pray that he will feel himself a part of the spirit and strength of America.

In that sentiment I know you will join with me.

­­"Miss Indian America XX", Maxine Norris, 21, Papago Indian of Casa Grande, Arizona, will visit Washington, D.C. November 10 through 16 as the guest of the Bureau of Indian Affairs, Marvin L. Franklin, and Assistant to the Secretary tor Indian Affairs announced today.

"We're happy to be the host to this charming representative of all Indian people," Franklin said. "Miss Norris tells us she is looking forward to meeting with the Secretary of the Interior Rogers C.B. Morton, visiting the offices of Arizona Congressmen, National Indian Organizations, and the Federal agencies which administer Indian programs.

She will be an honored guest at the dedication of the American Indian National Bank --· unique in U.S. history -- at 2:30 p.m. November 15, 1973 at the bank offices, 1701 Pennsylvania Avenue, N.W., Suite 310. She will visit the office of Indian Education and Indian Health Services, both parts of the U.S. Department of Health, Education and Welfare

The American Indian Society of Washington, D.C. will be host to a dinner and reception in her honor November 14 beginning at 6 p.m. at the Restaurant. The American Indian Society of Washington, D.C. is an organization made up of Indians who live within the Greater Washington, D.C. area.

What is the status of follow-up actions at Wounded Knee?

Substantial losses were suffered by Indian residents of Wom1ded Knee during the 71-day occupation of the village.

Restoration efforts by the Bureau of Indian Affairs include:

1. Emergency housing for 20 Indian families and financing assistance for 56 Indian families.
2. Repair of 17 Indian homes.
3. Replacement of seven houses and six mobile homes.
4. Replacement of substantial quantities of hare furnishings, utensils, and appliances.
5. Replacement of one bridge and repair of four miles of highway. The cost of direct restoration work by BIA totals $375,000 exclusive.

In addition, the Oglala Sioux housing authority with emergency funds from HUD, is repairing damages to 12 public housing limits in the village. Legislation has been introduced to compensate non-Indian residents and ranchers for loss of crops, cattle, and personal possessions. Senators McGovern, and Curtis have introduced an amendment to a Small Business Act (S.1846) which would make restitution.

Since Wounded Knee what has been done about law enforcement training for Indians?

A total evaluation of the Bureau of Indian Affairs law enforcement program is now underway, on a priority basis.

The Bureau of Indian Affairs is now preparing a request for an amendment to the 1974 budget that will ask for more money for law enforcement efforts. If this amendment is passed, it will give the Bureau $9,827,000 more money to 'Work with in the area of judicial prevention and law enforcement than it had in 1973 (fiscal year).

Additional money for this same work will be requested for fiscal year 1975 and 1976.

The Bureau of Indian Affairs is now developing a nationwide crowd control unit of 50 Indians. These are a highly select group trained by the Department of Justice to handle emergency situations. They are highly selected, all Indians, and are taken from various BIA police units on various reservations. They will be on call much as are the Indian firefighting units.

Police training has been made mandatory for all Federal officers on Indian reservations. In addition, police training is available for all police who are employed by Indian tribes on a priority basis, through the BIA Police Academy, Brigham City, Utah.

Status of prosecutions at Wounded Knee?

­­ The Department of Justice has 91 indictments covering 117 defendants and the FBI is still investigating.

No firm trial dates have been arrived at by the U.S. District Court for the District of South Dakota, headquarters at Sioux Falls, South Dakota, the court which has jurisdiction. The lawyers for those indicted have presented a notion for a change of venue (a change as to where the trial will be held) because of pretrial publicity.

Justice says the lawyers for the defendants contend they cannot get a fair trial in North, South

Dakota, or Nebraska and would like the trial moved to say, New York City. A change of venue generally means merely a change to an adjoining district but the longest distance in Justice Records has been £ran Boston to San Francisco. AIM leaders Banks, Means, Bullecourt, Camp, Bissonette, and others have been indicted for burglary, larceny, impeding Federal officers during a civil disorder, conspiracy, assaulting a Federal officer, and possession of unregistered firearms. Penalties for each go up to five years.

Two hundred and eighty-seven persons were arrested in connection with the occupation of Wounded Knee, and most were charged with interfering with law enforcement officers in the performance of their duty because of a civil disorder. This has to do with interstate commerce and is according to U.S. Code 18, Sec. 231. Fifty-two charges were dropped even before the people were brought before a magistrate. Two hundred thirty-five people have appeared before the Federal magistrate.

What is the status of pyramid lake situation?

On September 22, 1972, the Solicitor General filed an original complaint in the Supreme Court on behalf of the United States against the states of Nevada and California. In its complaint the U.S. Government asked that a: "decree be entered declaring the right of the United States for the benefit of the Pyramid Lake Paiute Tribe of Indians to the use of sufficient waters of the Truckee River to fulfill the purposes for which the Pyramid Lake Reservation was created, including the maintenance and preservation of Pyramid Lake and the maintenance of the lower reaches of the Truckee River as a natural spawning ground for fish and other purposes beneficial to and satisfying such use to be with a priority of November 29, 1859."

On June 11, 1973, the Supreme Court declined to hear United States of America v. States of Nevada and California. The Supreme Court suggested that a suit be filed in a local district court in Nevada. On June 20, 1973, the Interior Department requested the Justice Department to file a suit in the Nevada district court and, if necessary, also in the California district court to assert the same rights as presented to the Supreme Court.

The Justice Department has indicated that the suit will be filed within 60 days (by August 20th).

It is with a great deal of pleasure that I take this opportunity to address the 30th annual convention of the national congress of American Indians.

You have dedicated your convention and its efforts to the goal of restoration of the Menominee tribe to federal recognition and trust status and have adopted as your theme “Restoration now”.

It is entirely fitting that this organization, NCAI, meets on the eve of restoration of the Menominee’s to celebrate the passage by the house of representatives of restoration legislation and to continue support for the completion of that effort by final enactment into law of that legislation.

NCAI was formed in 1944 when the federal policy had just begun to move away from the first era of Indian self-determination under the Roosevelt administration toward the disaster and trauma of the termination area.

NCA was formed in part of because of a growing awareness among the Indian people that this unhealthy trend in national Indian policy would require a strong united Indian front to counter it.

NGAI grew to maturity in the stormy years of early 2550 when termination descended upon the Indian world with a vengeance.

The Indian people have not easily forgotten the description of those years.

The wreckage of that disastrous Indian policy and the termination language is still with us today.

Phrases, such as “House concurrent resolution 108” and “Public law 230”, still have a force and power to cause deep concern and fear among Indian people.

By legislative that, scores of Indian tribes and groups have been forcibly, though too successfully, assimilated into the “mainstream” of American life.

When the true magnitude and scope of the catastrophe of termination became apparent to the Indian people, they rose up in strong opposition to its continuance as this nation’s Indian policy.

It was largely due to the efforts of the Indian tribes, united in the national congress of American Indians, that the often uninformed, sometimes malicious drive from termination was blunted in the late 1950 and early 1960s and is, today, on the verge of total, unqualified repudiation.

There are none who can deny that this major shift in national Indian policy represents a major victory for Indian people.

But that victory for the Indian people and an aroused national public was not without its costs.

Not costs merely in terms of dollars and cents, but costs in human misery, cultural alienation, and tribal destruction.

By the time the active phase of the termination era had run its course, seven major tribes on Oklahoma, Oregon, Wisconsin, Nebraska, South Carolina, and Utah had been terminated. As the architect of termination, Senator Watkins, put it, they had been made “first class” citizens.

President Johnson began his message to the congress on Indian affairs with a recital of the names of Indian tribes, most which now only have meaning as postscripts in the history books or as quaint names of rivers and towns which dot the eastern seaboard.

This was the legacy of a much earlier termination era. Unfortunately, that may well be the legacy of this most recent termination era: once honored and proud Indian tribes. The Klamath and Kathlamet of Oregon, the Ottawa of Oklahoma, the Catawba of South Carolina, and the Alabama-Coushatta of Texas. To be remembered only as postscripts in our children’s history books or as the quaint names for rivers and towns dotting the western United States.

That perhaps, is the real tragedy of termination.

While we diligently passed laws to save from extinction the wild horses of Nevada and the black footed ferret of South Dakota, we calmly consigned to that same extinction. The Menominee of Wisconsin and the Klamath of Oregon.

While we purposely enacted legislation to protect the redwood of California and the historic ruins of Mesa Verde in Colorado, we knowingly contributed to the destruction of the pastures of Utah and the Ottawa of Oklahoma.

It is not wrong to preserve and protect the plant and wildlife of our nation but a whole race of people ought to have at least the same standing before the law as a tree or horse.

For some of these terminated tribes perhaps it is too late.

Perhaps they have been pushed too far down the road of historical oblivion.

But for the Menominee, it is not too late.

I take personal satisfaction in reporting to this assembly that it is not too late.

On October 16 of this year, the House of Representatives, by an overwhelming vote of 404 to 3, passed H.R. 10717 restoring the Menominee tribe to federal recognition and trust status.

It will not be necessary here to retell the story of the Menominee, the coerced tribal consent to termination. The ill-conceived, poorly implemented termination legislation. An economic and social plan which has brought the Menominee to the brink of collapse who recovered than the Indian people and leaders represented here today know that termination means.

But for the Menominee October 16 was the culmination of a long hard fought stricture and effort not without its frustration setbacks and despair.

While I am proud to have been a part of that effort many force and personalities combined to bring us to the immanency of success.

Foremost among these is of course my friend Ms. Ada Deer a unique personality and woman of in dominatable spirit.

Ada along with other Menominee such as Sylvia Wilbur Lloyd Powless and Shirley Daly, refused to accept defeat and never gave up hope there was after all justice within the system.

Ada and the Menominee were told last year that restoration was out of the question, that there was no hope for reversing termination.

Yet, look at what they have accomplished.

After intensive work on the part of the Menominee, the department of Interior sent forward to the congress a report favoring enactment of restoration legislation.

At the request of Ms. Deer, Melvin Laird, former congressman and present counselor to the president, came out with a forthright statement of support for restoration.

53 members of the house of the representatives of both parties and every political philosophy were persuaded to co-sponsor the legislation which passed the house.

404 out of 435 members voted for its passage.

Prospects for its passage in the senate are very favorable.

Finally, President Nixon, in his message to this convention, urges enactment and assures its signing.

This is a record of which Ada, the Menominee, and all who gave their assistance and support can be proud.

When Vine Deloria testified before my subcommittee on the committee. He said a lot of us have advocated coming to congress presenting our case rather than going on the activist trail we very badly need an act by congress. Such as restoration of Menominee to see the activities that you can work through the system every day face a lot of people in the American Indian movement and other movement and (they) say what have you been able to do going through the system. You haven’t gotten anything done you had your chance so we are taking over.

­While we Menominee are not yet finally restored I would like to point out what they make acceptable as proof that even in the face of despair and waiting hope. There is an alternative to violence and a hope for justice within the system.

You have taken “restoration now” as the theme of your organization.

I have tried to share with you the aptness of that theme as we move very close to the day when the theme, for the Menominee, becomes fact.

Had the phrase, “restoration now” had no meaning beyond the restoration of the Menominee, it would have been no less important.

But for my part, it had and will have a meaning and impact far beyond the Menominee.

For me, no other act of the congress will more clearly signal to the Indian people across the nation that termination is dead issue and a firmly renounced policy.

I am sure that you have adopted that theme in the same spirit.

The various discussion topics of your convention agenda evidences that your thoughts, while with the restoration of the Menominee, extend far beyond that to the restoration of the many rights and values that make up the Indian life.

It is like for a restoration of a true right of tribal self-government.

It is time to restore to the Indian people a strong, effective tribal government that can well serve the needs of the tribe as a whole protecting the individual rights of its members.

­­We in the congress are now aware of that need and demand as we move on legislations designed to facilitate that goal.

I have introduced H R 103 which will permit the tribes through contracting to as under control of programs offered for their benefit.

It’s time for restoration to the Indian people of the right to have the trustee the United States, truly and honestly rendered protection to their trust resource and assets.

My subcommittee has begun to move on the Indian counsel legislation on which the administration has submitted and which have introduced as H R 605.

The legislation submitted by the administration is admittedly inadequate in many respects but I am firmly convinced that the support and advice of the Indian people we can fashion legislation which will give substance to the legal and moral obligations of the United States as trustee.

It is time to restore to the Indian people the pride of self-sufficiency and the right to develop their own resources rather than leasing them out to outside interests.

My subcommittee has taken up the Indian financing legislation will increase the revolving loan fund of 9 million will create a new loan insurance and guaranty fund to support 100 million in private loans.

To Indians, and authorizes appropriations for an Indian business development fund at a level of $10 million for the next three fiscal years.

We have refined the legislation which has already passed the senate and will shortly be reporting the bill to the full committee for consideration.

It is time to restore to the Indian people the right to control the education of their children, whether it be in the public schools or in BIA schools.

This control must extend to what is taught, where it is taught, how it is taught, and buy whom it is taught.

Indian advisory committees are not enough.

Control must mean control of funds being made available for Indian education and control of the educational programs and curriculum.

It is with this firm conviction that I was the prime house sponsor of the legislation in the 2nd congress which became the Indian education act of 1972.

It is with the same conviction that I will seek to pass legislation in the coming year to bring about needed reform in the BIA educational program and system.

It’s time for the restoration to the Indian people of the right to have an effective administration of the programs and funds authorized by the congress for the benefit of the Indian.

The Indian people do not need a BIA that goes leaderless for nearly a year.

They do not need a BIA that operates in an atmosphere of confusion and chaos.

They do not need BIA that drifts aimlessly.

They do not need BIA that is the subject factionalism and power struggles among the bureaucrats and petty politicians.

It is still uncertain that the solution is for the reorganization or reform of the BIA and federal administration of Indian Affairs.

Whatever occurs must occur with the full, prior knowledge of the Indian people and with active consultation.

It is with that view I am giving active consideration to supporting legislation mandating a congressional review of the field of Indian affairs.

Senator Abourezk, chairman of the senate subcommittee of Indian Affairs, has introduced legislation in that regard which I have reviewed.

With some modification, it may well meet the requirements which I see necessary to bring about the end the Indian people have set.

And finally it is time long past time to restore to the Indian people the pride and dignity of being Indians.

The legislative program which I have outlined for you here today will do much to aid in that effort.

The continued efforts of the congressional leadership of which, for my part, I pledge you and the other friends of Indians both in and out of government will and in that efforts.

But in the final analysis, the restoration of Indian pride and dignity depends on the Indian people themselves.

It is through their efforts and accomplishments, working with the tools and resources available to them that Indian pride will be restored.

Who cannot be proud to identify with an Ada Deer whose will and determination has turned around the entire federal government on the question of Menominee termination.,

Who cannot be proud of a Vine Deloria whose well deserved respect among the Indians whose command of the printed word has brought about a renaissance in Indian thought and philosophy.

Who cannot be proud to identify with the Frank Degnans of Alaska upon whose quiet dignity and unassuming resolve was built the successful settlement of the Alaska Native claims.

It is upon the accomplishments of people such as these and the leadership gathered here today that the restoration of Indian pride and dignity depend.