OPA

Secretary of the Interior Cecil D. Andrus today announced completion of an eight month process aimed at speeding the conveyance of land to Alaska Native Corporations and smoothing implementation of other parts of the Alaska Native Claims Settlement Act.

“This Department has dedicated itself to improved administration of the Settlement Act," Andrus said, “beginning with conveyance of land to Native Corporations on an accelerated basis. We promised Congress we would review and untangle the ANCSA issues and get the Act moving again. The Settlement Act is not only vital to Alaska Natives, but its success is crucial to the social, cultural and economic future of the State and the Nation. The issues we covered ranged from those which affect single villages to those affecting virtually every Native Corporation in the State, but all had to be resolved to make the Act work. We made our decisions based primarily on the principle that this was Native legislation designed to settle claims for their benefit, although we believe the State and others will gain by many of the decisions."

"This review process could not have succeeded without the cooperation of Alaska's Native citizens, the government of the State of Alaska and the Federal-State Land Use Planning Commission. All these parties participated in numerous meetings and offered us good counsel throughout the entire process Secretary Andrus said.

The intensive policy review was forced by the increasingly complicated and contradictory fashion in which the Claims Act was being administered. Although the Act was passed in 1971 no Native Corporation, except in the Arctic Slope region, had received all its land, and most had received little if any, when the review began eight months ago. Alaska Natives are entitled to more than million acres of land under terms of the Act.

The process was further snarled by differing interpretations of language in the Act permitting easements across Native land.

­­Last July Federal District Judge James van der Heydt ruled that the Alaska Native Claims Settlement Act is Native legislation which permits easements to be reserved across Native land only at certain points to allow access to nearby public land. Access to Native land is solely up to Native discretion, van der Heydt ruled. The overall effect of this decision was to declare invalid many of the then existing Interior Department easement guidelines.

Under the new Department policies announced today, no continuous coastal easements will be reserved and easements will be placed only on "major" inland rivers, streams or lakes. A “major” waterbody will be determined by a three part test involving significant use of the water for travel, significant commercial use and its overall resource value including recreation fishery and other values. To meet the test at least two of the three criteria must be satisfied for each waterbody or segment thereof.

On any major waterbody, coastal or interior, a limited, non-duplicative system of easements will be established only for the purpose of permitting normal travel on the waterway or to gain access to or from public land nearby.

Uses on such easements will be reasonable, but limited and defined. Secretarial orders to carry out the new guidelines will be issued within 60 days.

Secretary Andrus said the Interior Department would recommend that the Justice Department drop its Federal Court appeal of the van der Heydt decision if the Natives drop their appeal and accept the new easement policies. Andrus reiterated his hope that the State will also accept these new policies.

Acceptance of the new Interior Department policies by the Natives will automatically trigger a process leading to relinquishment by the Department of previously reserved easements that are in conflict with the new policies.

Other major decisions._ announced as a result of the review include:

-- Reorganization of the SLM Alaska Office to create a new and separate office, reporting directly to the State Director, and having responsibility solely to carry out the Settlement Act, with emphasis on prompt land conveyance

--Designation of the Alaska Native Claims Appeals Board as the sole administrative appeals board for the Settlement Act. Rules governing who may appear and who has the burden of proof have been redefined to provide for faster decisions. Court appeals, where necessary, will also be speeded up. There will be an increased use of Administrative Law Judges as well.

-- Native selections from Federal installation land as provided in Sec.

3(e) of the Act will be aided by a more active Department program to encourage Federal owners to identify surplus land. Formal Secretarial decisions will be made on the land available.

-- Native selection of cemetery and historical sites will continue under present guidelines, but areas open to selection will include some land previously withdrawn by the Secretary outside of Native withdrawals, including some land the present Administration Alaska National Interest Lands proposal. Covenants I be placed on this land to limit its future use to the intended purpose.

-- Conveyance of submerged lands will proceed on a case-by-case basis as each selected area is studied to determine whether it meets the criteria for Federal or State land. Federal land, if selected by Natives, is subject to conveyance, State land is not.

-- The Department will ask Native Corporations to rank their land selections in the order they want them conveyed. This will speed up conveyance of the most important lands, and increase the pace of the overall process. The Department will establish a system for reducing over selections based on the proportion of conveyances made and the remaining selection entitlement of each corporation.

-- Land exchange policy will strongly favor exchanges for equal value and be limited to exchanges of land rather than selection rights. Exceptions to the equal value standard may be made by the Secretary.

-- Allocations of selection entitlements among the regional corporations, according to the complex rules of the Settlement Act, will be carried out under a new set of policies and procedures designed to speed conveyance and reach the highest entitlements in each area as soon as possible. Legal uncertainties in some case, such as litigation over village eligibility, will be taken into account.

--The standards for establishment of Native “Groups” will be received and revised in an effort to make them more consistent with the standards for establishing "Villages” The Native Claims Act a11ows Native communities too small to qualify for the Village requirement of 25 people to establish themselves as Groups instead, with a land base pro-rated to the number of people in the community.

Proposed regulations governing the assignment by regional corporations of future interests in the Alaska Native Fund were published March 2 in the Federal Register, Interior Assistant Secretary Forrest Gerard announced today.

The regulations are designed to implement Section 31 of the Alaska Native Claims Settlement Act, as amended November 1!5, 1977, which gives the Secretary of the Interior the authority to recognize validly executed assignments made by Regional Corporations of their rights to receive payments from the Alaska Native Fund.

Implementation of this provision makes it possible for the regional corporations to give assignees a secured interest in the future distributions from the Fund. This, in turn, enables the regional corporations to borrow necessary capital for development projects at reduced interest rates.

The Secretary, under Section 31, may recognize regional corporation assignments only to the extent that they do not interfere with required redistributions of certain percentages of the fund receipts to the village corporations in the region and to certain stockholders.

The proposed rules require that a regional corporation provide evidence that the corporation's board of directors has authorized an assignment and that it specifically intended that the Secretary recognize that assignment.

Written comments on the proposed rules should be sent within thirty days after publication to the Bureau of Indian Affairs, Director of Financial Management, Department of the Interior, Washington, D.C. 20240.

The Bureau of Indian Affairs announced today that proposed revisions in the regulations governing contracts and grants under the Indian Self-Determination and Education Assistance Act (P.L. 93-638) were published in the Federal Register March 28.

The Self-Determination Act regulations require that the Bureau annually consult with Indian tribes and organizations about the need to revise the regulations. These proposed changes are the result of the consultation with Indian tribes and organizations.

Probably the most significant change being proposed is the addition of procedures to deal with the situation in which a contract proposal is adequate but the Bureau does not have sufficient funds to fund it. Comments on the proposed regulations should be sent within 30 days of publication to the Bureau of Indian Affairs Code l06t 18th and C Street N.W. Washington D.C. 20245

Fred Thompson, Jr., has been made Assistant Area Director, Community Services, in the Bureau of Indian Affairs' Navajo Area Office, Interior Assistant Secretary Forrest Gerard announced today.

Thompson, a member of the Navajo Tribe, has been the Housing Development Officer in the area office since August, 1976.

After serving as Assistant Executive Director of the Navajo Housing Authority, Thompson, 34, became Housing Development Officer at the Fort Defiance Agency in 1971. He transferred to the area office in 1974.

An alumnus of the University of New Mexico, Thompson was a field director with the Navajo Office of Economic Opportunity and has held other jobs with the tribe.

Wilfred Brown, a Navajo, has been appointed Superintendent of the Bureau of Indian Affairs' agency at Fort Defiance, Arizona Interior Assistant Secretary Forrest Gerard announced today.

The Fort Defiance agency is one of five serving the huge Navajo Reservation.

Brown, 38, has been Administrative Manager and Program Officer at the agency. He previously worked for the Navajo Tribe as a planning assistant and economic planner.

An Army veteran, Brown earned a B.S. in Civil Engineering and Industrial Design at Arizona State University.

Members of a Task Force appointed in December 1977 to prepare recommendations on the restructuring of the Bureau of Indian Affairs presented their final report to Secretary of the Interior Cecil D. Andrus today.

The report will be published in the Federal Register and distributed to Indian tribes and organizations for connect through June 30, 1978.

After analysis of the report and consideration of the comments, Secretary Andrus will make specific decisions early in August on the management and organizational structure of the bureau, together with a schedule for carrying out the changes.

A preliminary report of the Task Force was presented to Under Secretary of the Interior James A. Joseph on March 31.

"While I have not had an opportunity to study the report in detail and have reached no conclusions on any of its specific recommendations, I share the basic conclusion of the Task Force that the organization and operation of the Bureau of Indian Affairs needs to be improved," Secretary of the Interior Cecil D. Andrus said today.

"One of my primary aims as Secretary of the Interior is to carry out a fair and vigorous program for the benefit of our American Indian citizens. This requires that we provide a firm basis for Indian self-determination, that tribal governments are strengthened, that the trust responsibilities of the Federal Government are conducted effectively, and that services to the Indian people are provided efficiently.

"While changes will be instituted in an orderly fashion and every effort will be made to minimize any hardship on BIA employees and upon established relationships between the tribes and BIA officials, I am committed to the principle that basic improvement in the Bureau is necessary if we are to help meet the many challenges faced today by the American Indian people."

The preface to the Task Force report states that the group focused on what it viewed as the major organizational issues and problems.

The recommendations in the 130 page report include the following:

--The top level organization should consist of the Assistant Secretary for Indian Affairs with three principal Deputies--for planning and evaluation, for operations (Commissioner), and for budget and finance (Comptroller).

--To reflect the high level of commitment to self-determination on the part of the Bureau, program and policy implementation for P.L. 93-638, the Self-Determination Act, should be placed under the Deputy Assistant Secretary --Planning and Evaluation.

--Consideration should be given to the location of field offices, there should be a review of each Area Office on a case-by-case basis to consider the need to retain or combine these offices.

--Top management should have the option of utilizing "Schedule C" appointments to fill Area Director Positions.

Among the areas studied for improving the BIA were: planning, advocacy, trust protection services, human resource development, natural resource development, social service delivery, personnel and administrative services, and consultation.

In addition to twice monthly meetings in Washington, D.C., the Task Force also held field hearings in Phoenix, Arizona; Oklahoma City, Oklahoma; Denver, Colorado; Portland, Oregon; and Duluth, Minnesota.

The 11-member Task Force included representatives of the National Congress of American Indians and the National Tribal Chairmen's Association; two repre­sentatives of the BIA named by Assistant Secretary for Indian Affairs Forrest Gerard; a representative of Acting Assistant Secretary for Policy, Budget and Administration Larry Meierotto; and six public members. The public members included Stewart L. Udall, former Secretary of the Interior.

Members of Task Force were: Robert D. Hampton, vice president, ATE Management, Arlington, Va.; Willie Hensley, executive vice president, NANA Regional Corp., Inc., Kotzebue, Ak.; Ted Marston, vice president, Cummins Engine Company, Columbus, In.; Dave Ushio, special assistant in office of policy, budget, and administration, Department of the Interior, Washington: D. C.

Also Lorraine Misiaszek, acting director, Advocates for Indian Education, Spokane, Wa.; Jim Sansaver, resources development office, Billings area office, Billings, Mt.; Dr. Thomas Sawyer, director, ARIES Consulting Corp., Provo, Ut.; Ronald Toya, reservation program office, Bureau of Indian Affairs, Southern Pueblo Agency, Albuquerque, N.M.

Also Ray Goetting, National Congress of American Indians, Washington, D. C.; Stewart L. Udall, of counsel, Duncan, Brown, Weinberg & Palmer, Washington, D. C.; Earl Old Person, National Tribal Chairmen's Association, Washington, D. C.

A recent Supreme Court decision that Indian tribes have no inherent criminal jurisdiction over non-Indians does not leave a void in criminal law enforcement on reservations, Interior Department Solicitor Leo M. Krulitz said in an opinion released today

"The purpose of the opinion is to emphasize that the Supreme Court decision in Oliphant v. Suquamish Indian Tribe--while very explicit in the narrow area it covers--does not call into question other clearly established principles of law regarding Indians," Krulitz said. "We do not have to ask ourselves, 'If tribes have no criminal jurisdiction over non-Indians for acts committed on reservations, who does'? The answer is clear and unchanged: the federal government does."

Krulitz said the Supreme Court has reiterated the conclusion that the United States has jurisdiction over crimes committed by non-Indians against Indians or their property. That jurisdiction is exclusive, Kru1itz said, citing a 1946 Supreme Court ruling that, while state courts may have jurisdiction over offenses committed by non-Indians against non-Indians, the laws and courts of the U.S. have jurisdiction over offenses against Indians by non-Indians. As recently as 1976, the Solicitor said, a federal appellate court held that offenses committed by non-Indians against Indians may not be prosecuted under state law.

"Except where a state has acquired, by Act of Congress, jurisdiction over Indian country within its borders, Bureau of Indian Affairs police and tribal police commissioned by the federal government may arrest non-Indians for offenses committed against Indians or their property in Indian country," said Krulitz.

"We are not merely talking about specific offenses described in federal statutes, either. Under the Assimilative Crimes Act, state laws are often adopted as federal law for federal enclaves. Offenses under these laws are punishable according to the law of the state in which the enclave is located. II

Krulitz pointed out that prosecution for such crimes must be by the Department of Justice before a federal district court judge or a federal magistrate. He advised the Bureau of Indian Affairs to work closely with the Justice Department to set up procedures to ensure cooperation.

Here are other major points in the opinion:

--BIA or tribal police who carry state commissions may also arrest non-Indians for violations of state law, even when no Indians or Indian property is involved. Non-Indians arrested for those crimes may be tried only in state courts.

--The U.S. continues to have jurisdiction over Indians and non-Indians alike who violate federal laws applying across the nation or who violate substantive criminal laws applicable only to Indian country, such as Indian liquor laws or bans on hunting or fishing on Indian lands without permission.

Proposed regulations governing the preparation of a roll of lineal descendants of the Saginaw, Swan Creek and Black River Bands of Chippewa Indians to share in the distribution of funds awarded by the Indian Claims Commission is being published in the Federal Register, Interior Assistant Secretary Forrest Gerard announced today.

The proposed regulations establish the requirements for enrollment and a deadline for filing applications.

Written comments on the regulations should be sent within 30 days to the Bureau of Indian Affairs, Division of Tribal Government Services, 1951 Constitution Avenue NW, Washington, D.C. 20245.

For further information call Mitchell L. Bush, Jr., 202-343-6921.

Frederick S, Bigjim, an Eskimo, has been appointed Superintendent of the Bureau of Indian Affairs agency at Bethel, Alaska, Interior Assistant Secretary Forrest Gerard announced today.

Bigjim, who has a Master's degree in education from Harvard, has been an administrator and instructor at the Kuskokwim Community College at Bethel.

A graduate of the University of Alaska, Bigjim was Executive Officer for that university's Rural Education Affairs Division in Anchorage in 1975-76. He has also served as Director of Alaska Methodist University’s Intercultural Studies program.

Born in Nome in 1941, Bigjim was a member of the Bank Street School of Education team which completed an extensive study of early childhood education needs in the Indian community. He was also part of a national Indian team evaluating the Chemawa Indian School at Salem, Oregon.

From 1969 to 1972 Bigjim worked for the Alaska Federation of Native’s, administering a state-wide job training and education program.

Bigjim is Vice-Chairman of the Board of Regents of the Haskell Indian Junior College at Lawrence, Kansas. He is also a member of the Executive Committee of the National Indian School Board of Regents. He is active in many Alaskan organizations.

The Interior Department's Bureau of Indian Affairs has drafted proposed rules for its revised program to remove from the roll of Alaska Natives the names of those ineligible under terms of the Alaska Native Claims Settlement Act. The proposed rules will be published this week in the Federal Register.

The Settlement Act directed the Secretary of the Interior to prepare within two years of passage of the act an official roll to be used to determine distribution of land and funds. The huge task was not completed by the deadline because administrative appeals were still pending. The roll was certified subject to change due to future legal determinations.

By 1974, it became clear that the roll might contain names of people ineligible for enrollment under the act. The Bureau of Indian Affairs began a program to eliminate ineligible individuals.

The Alaska Native Corporations approved the idea of such a program, but objected to the way in which it was implemented, a BIA spokesman said. Natives claimed the procedures were so complex that most people could not understand them. Native leaders also feared default judgements might be entered against natives who failed to answer complaints. They also charged the eligibility of many natives was challenged without adequate investigation.

In response to the criticism, Interior Secretary Cecil D. Andrus called for a full review of the program. Andrus determined that failure to finalize the roll was interfering with the process of conveying land to Native Corporations. In order to finalize the roll promptly, he has directed that the disenrollment program be limited to those names now being contested because of:

--Death before or birth after December 18, 1971, the date the act was passed.

--Enrollment as of April 1, 1970, to the Metlakatla Indian Community

--No native ancestry and lack of U.S. citizenship either by birth or naturalization.

The proposed rules will not alter the current deadline for contesting enrollments and will not allow the filing of any new or additional challenges.

Written comments on the proposed regulations must be received within 30 days after publication in the Federal Register. Comments may be addressed to Assistant Secretary, Indian Affairs, 1951 Constitution Avenue, N.W., Washington, D. C. 20245.