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Alaska Native Claims
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1103352
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Alaska Native Claims
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Bradley H. Patterson Files (Ford Administration)
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The original documents are located in Box 1, folder "Alaska Native Claims" of the
Bradley H. Patterson Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
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copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 1 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library
FEDERAL TRADE COMMISSION
WASHINGTON. D. C. 20580
603-542-9316
R. T. McNAMAR
EXECUTIVE DIRECTOR
September 21, 1976
Mr. Brad Patterson
Presidential Personnel Office
Room 134 Old Executive
Office Building
Washington, D.C.
Dear Brad:
As I promised, I am sending you the little I know about
Michael Dorris. He is an Assistant Professor of Anthropology
at Dartmouth College, and is also Chairman of the Native
American Studies Program at the College. He is a member
of the Modoc Tribe of Native Americans, which is located
in southern Oregon. A 1967 graduate of Georgetown University,
Mr. Dorris earned a Master of Philosophy degree at Yale
University in Anthropology.
The Smithsonian Institution has published two papers
of his, "The Ingalik" and "Culture Contact in the Lower
Kusko-Kwin-Yukon-Tanana Rivers Area" as part of a 19-volume
work on North American Indians. He is also the author of
Native Americans - 500 Years After (Crowell).
As I mentioned, I was most impressed with Mike, and
believe that his reputation as a teacher is well deserved.
I know nothing about his politics, administrative abilities,
interest in Washington, etc. Nevertheless, I would recommend
him as a highly qualified, able individual, who could make
an excellent contribution in any position requiring expertise
and ability to handle questions of racism.
Last, I want to call to your attention the two-part
article in JURIS DOCTOR, the American Bar Association's
publication, on Native American land rights.
Sincerely,
Tim
R. T. McNamar
CC: D. Bennett
GERALD FORD LIBRARY
FRIED, FRANK, HARRIS, SHRIVER & KAMPELMAN
SUITE 1000, THE WATERGATE 600
FELIX 9. COHEN (1937-1953)
600 NEW HAMPSHIRE AVENUE, N.W.
FRIED, FRANK, HARRIS,
RICHARD B. BERRYMAN
WILLIAM JOSEPHSON
DAVID E. BIRENBAUM
MAX M. KAMPELMAN
WASHINGTON, D.C. 20037
SHRIVER & JACOBSON
JAMES B. BLINKOFF
KENNETH S. KRAMER
PETER D. EHRENHAFT
ARTHUR LAZARUS, JR.
MILTON EISENBERG
RICHARD SCHIFTER
(202) 965-9400
120 BROADWAY
THROGNORTON AVENUE
JOEL R. FEIDELMAN
SARGENT SHRIVER
NEW YORK, N.Y. 10005
LONDON, EC2N 2JT, ENGLAND
PATRICIA ROBERTS HARRIS
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CABLE "STERIC WASHINGTON"
(212) 964-5500
(01) 625-7814
HAROLD P. GREEN
TELEX 892406
TELEX:620223
TELEX:887808
EDWARD J. BECKWITH
MELVIN RISHE
S. BOBO DEAN
VANESSA RUIZ
BARBARA GOLD
LAWRENCE R. SIDMAN
WILLIAM B. HOFFMAN
WILLIAM E. SUDOW
HENRY A. HUBSCHMAN
TIMOTHY SULLIVAN
JAY R. KRAEMER
JILL WINE VOLNER
OUR REFERENCE
MICHAEL McGETTIGAN
HOWARD WEINMAN
FRANCIS J. O'TOOLE
W. RICHARD WEST, JR.
JOSEPH J. PETRILLO
MAREN HASTIE WILLIAMS
WILLIAM S. RHODES
ERIC J. ZAHLER
FREDERICK SASS, JR.
September 24, 1976
COUNSEL
Mr. Bradley S. Patterson
The President's Advisor on Indian Affairs
Room 134, Old Executive Office Building
Washington, D.C.
HAND DELIVERED
Re: Metlakatla Indian Community
Dear Mr. Patterson:
Thank you for agreeing to meet with Mayor Leask and the
delegation from Metlakatla on Monday afternoon. The delega-
tion will include: Mayor Wallace D. Leask, Mr. Gregory Argel,
Mr. Barney Scudero, Mr. John Smith and Mr. Gordon Thompson.
The delegation wishes to meet with you to discuss a pro-
blem which the Community is encountering in following through
with a number of Federal agencies on understandings reached
at meetings in Washington last March. A number of agencies
agreed to give special attention to economic problems arising
on the Annette Island Reservation by virtue of a reduction of
Federal activities (the closing of a Federal Aviation Adminis-
ration facility and the imminent closing of a U.S. Coast Guard
facility). The agencies involved in these meetings and under-
standings included the Bureau of Indian Affairs (which was
recognized as the lead agency), the Economic Adjustment Office
of the Department of Defense, the U.S. Coast Guard, and the
Economic Development Administration of the U.S. Department of
Commerce.
The Community feels that these understandings are not
being carried through, especially in connection with the roles
of the Bureau of Indian Affairs, the Coast Guard and the
Economic Development Administration.
FORD
GERALD
LIBRARY
FRIED, FRANK, HARRIS, SHRIVER & KAMPELMAN
Mr. Bradley S. Patterson
September 24, 1976
Page 2.
I should prefer for the Mayor and his staff to explain
to you more fully the details with reference to the difficul-
ties which they now encounter. Their hope is that you may be
able to assist them in improving the coordination among
these agencies with respect to this matter.
Sincerely,
S. Bobo Dean
2401 i LIBRARY GERALD
THE WHITE HOUSE
WASHINGTON
October 1
[in
Morrie -
What response do we
give to this one?
Perhaps you'd like to
reply directly, but if not, please
give me draft language to respond.
Road
FORD & LIBRARY 9ERALD
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The White House
2 BP
Billangton
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WHB#02 (8533) (2-001158A275)PD 19/01/76 #531
1976 OCT I AM 6 32
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009 A 2511 NL ANCHORAGE AK 124 09-30 1155P ADT
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PMS PRES GERALD R FORD
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WHITE HOUSE DC
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THE BIA ON SEPTEMBER 30 IN VIOLATION OF THE INDIAN
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SELF DETERMINATION ACT PL93-638 AND ITS OWN REGULATIONS
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COMPLETELY BROKE OF NEGOITIATIONS WITH THE TANANA
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CHIEFS CONFERENCE. FOR A FY77 CONTRACT TO ADMINISTER
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1976 OCT 1 PM 4 30
WOOM "IVN
WHITE HOUSE
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AND OPERATE FAIRBANKS AGENCY PROGRAMS. THE FY76
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PCC CONTRACT WITH THE BIA JUST EXPIRED. 35 PCC
FORM 0805 PRINTED BY THE STANDARD REGISTER COMPANY, U. S.A.
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EMPLOYEES HAVE BEEN TERMINATED. THE BIA IS UNPREPARED
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Te PROVIDE FAIRBANKS AGENCY PROGRAMS AND SERVICES
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TO THE 43 PCC VILLAGES. 13,000 ALASKA NATIVES FACE
LIBRARY GERALD 8. FORD
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IMMEDIATE LOSS OF VITAL SERVICES PREVIOUSLY PROVIDED
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BY PCC UNDER BIA CONTRACT. RECOGNIZING YOUR RECORD
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OF STRONG SUPPORT FOR INDIAN SELF DETERMINATION
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WE URGENTLY REQUEST YOUR IMMEDIATE ASSISTANCE IN
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OBTAINING A COMMITTMENT FROM THE BIA TO RESUME
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MEANINGFUL NEGOTIATIONS WITH PCC FOR A FY77 CONTRACT.
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FOR FAIRBANKS AGENCY PROGRAMS
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ALFRED R KETZLER PRESIDENT
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TANANA CHIEFS CONFERENCE
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LIBRARY GERALD ? rono
FORM 0805 PRINTED BY THE STANDARD REGISTER COMPANY, U. S. A U.S.A.
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NNNN
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: October 2
Time: 425pm
FOR ACTION:
CC (for information): Jack Marsh
George Humphreys
Jim Connor
Brad Patterson
Ed Schmults
Max Friedersdorf
Steve McConahey
FROM THE STAFF SECRETARY
DUE: Date:
Time:
October 4
1100am
SUBJECT:
S.3651-Alaska Native Claims Settlement Act
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
X
REMARKS:
please return to judy johnston, ground floor west wing
FORD & LIBRARY GERALD
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
James M. Cannon
telephone the Staff Secretary immediately.
For the Presider
SERVICE HAMEN THEY'S
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
OCT 1 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 3651 - Alaska Native Claims
Settlement Act Amendments
Sponsors - Sen. Gravel (D) Alaska, Sen. Abourezk
(D) South Dakota, and Sen. Stevens (R) Alaska
Last Day for Action
October 9, 1976 - Saturday
Purpose
Amends the Alaska Native Claims Settlement Act to: pro-
vide for the withdrawal of lands for the village of
Klukwan, Alaska; to convey certain lands to the Cook
Inlet Region Corporation; and to convey certain lands
to the State of Alaska.
Agency Recommendations
Office of Management and Budget
Approval
Department of the Interior
Approval
Department of Agriculture
Approval
General Services Administration
No objection (infor-
mally)
Department of Justice
Defers to Interior
and Agriculture
Discussion
Background
The Alaska Native Claims Settlement Act (ANCSA) of 1971
was designed to provide comprehensive and definitive
compensation to the Natives for the value of their
aboriginal claims to land in Alaska. Basically, the Act
FORDO & GERALD LIBRARY
2
authorized monetary payments and land conveyances to
individual Natives, to 12 Native Regional Corporations,
and to approximately 220 Native Village Corporations in
the aggregate amount of approximately $965 million and
40 million acres. This enrolled bill is comprised of
two distinct provisions that would amend ANCSA. We are
noting them as the Klukwan and Cook Inlet provisions,
and each is discussed separately below.
Klukwan provision
Section 16 of ANCSA provided for selection of 23,040
acres by each of ten Native villages in Southeast Alaska,
such lands to come from the township in which the vil-
lage was located, to the extent possible, and from con-
tiguous townships if sufficient lands were not available
from the township in which the village was located.
This land entitlement was less than that for villages
outside Southeast Alaska because of a prior payment made
to these Natives on their aboriginal claim. Moreover,
section 19 of ANCSA allowed certain villages to obtain
title to their former reserves (land and subsurface
estates) in lieu of participation in the cash and land
settlements under ANCSA.
Because the village of Klukwan, a Southeast Alaska vil-
lage, occupies a former Bureau of Indian Affairs reserve,
it qualified to select between sections 16 and 19 as
described above. Approximately 250 Natives were enrolled
in this village of whom 100 were residents.
Title to the subsurface of lands selected by a village
under section 16 accures to the Regional Corporation,
whereas such subsurface title for lands retained under
section 19 accures to the village itself. Because of
their reserve's mineral values, the 250 enrollees of
Klukwan chose to exercise their section 19 option and
obtain title to the surface and subsurface of some 900
acres in lieu of 23,040 acres of surface and ANCSA cash
benefits. However, it later developed that the 100
residents of Klukwan, incorporated as Chilkat Indian
Village, had already leased out the mineral estate,
GERALD
LIBRARY
3
creating a "valid existing right" to be undisturbed by
the original Settlement Act. Thus, the property rights
of the members of Chilkat Indian Village did not change,
but this selection effectively denied substantial ANCSA
benefits to those 150 or so enrollees of Klukwan who were
not village members.
In January 1976, you signed S. 1469, P.L. 94-204, which
contained a series of amendments to ANCSA, including one
addressing the Klukwan situation. These amendments effec-
tively allowed the 250 members of Klukwan to exercise
their rights under section 16 even though they had opted
originally for section 19 benefits. This left the 150
nonresidents with benefits equal to those of other South-
east Natives, but effectively provided a double benefit
for the 100 residents who now receive both section 16 and
section 19 benefits.
Since enactment of P.L. 94-204, Klukwan representatives
have claimed that the lands from which they are permitted
to select 23,040 acres are not of sufficient value. They
contend that the State of Alaska and others have already
obtained the best lands in this area.
The remedy proposed by section 1 of S. 3651 is to require
the Secretary of the Interior to withdraw 70,000 acres
of public lands in Southeast Alaska "of similar charac-
ter and comparable value, to the extent possible, to those
of the Chilkat Valley surrounding the village of Klukwan."
From this withdrawal, Klukwan would select its 23,040
acres. The enrolled bill would require that these lands
not be those already selected by other Native groups,
that they not be located on Admiralty Island, and that
the Secretary of Agriculture be consulted if National
Forest Lands are involved, which will undoubtedly be the
case.
The arguments in favor of this provision are as follows:
1. The Klukwan area has been more heavily impacted by
State land selections than have the other villages
in Southeast, and thus the 150 nonresident Natives
have been disadvantaged when compared to other South-
east Natives.
4
2. Much of the land from which the Klukwan selections
could be made absent this legislation is at higher
elevations, and some is covered by glaciers (this
area adjoins Glacier Bay National Monument).
The arguments against this provision are that:
1. Land selections in Southeast Alaska, under ANCSA,
were intended more for village expansion in their
immediate surroundings than for economic exploita-
tion by nonresident owners. Under S. 3651, Klukwan
could pick and choose individual parcels from the
Tongass National Forest if the Secretary of the
Interior withdraws such lands after prior consulta-
tion with the Department of Agriculture.
2. Other villages in Alaska have land selection diffi-
culties, and an amendment to ANCSA for one group
sets a precedent for an untold number of further
amendments.
3. One hundred of the residents of Klukwan, though not
extraordinarily affluent, have already received
more benefits than other Natives and this provi-
sion provides still further benefits not available
to others.
Cook Inlet provisions
Section 12 of P.L. 94-204 - ratified the terms and condi-
tions providing for the settlement of conflicting land
claims in the Cook Inlet Area of Alaska under ANCSA.
However, in implementing these agreements earlier this
year, Interior discovered a need for clarification in
the law if prompt and efficient administration of the
Cook Inlet Settlement was to be achieved.
Sections 2, 3, 4 and 5 of S. 3651 would verify a revised
version of the terms and conditions established under
P.L. 94-204 and provide for other adjustments to ANCSA's
provisions relating to the Cook Inlet Area. Each pro-
vision is briefly summarized below.
GERALD FORD LIBRARY
5
Section 2 -- directs the Secretary of the Interior
to convey immediately 265 acres of land in Point
Woronzof near Anchorage to the State of Alaska.
Under P.L. 94-204, the State would receive this
tract for park and recreational purposes only, but
the enrolled bill broadens the allowable uses to
include airport or other public purposes.
Section 3 -- reratifies a clarified version of the
terms and conditions under which ANCSA land claims
in the Cook Inlet Area are to be resolved.
Section 4 -- authorizes the Secretary of the Interior
to convey lands selected by Village Corporations
within the Cook Inlet Region to the Cook Inlet Region,
Incorporated, for reconveyance to the Village Corpora-
tions in satisfaction of such Village Corporations'
entitlement under ANCSA. The basic effect of this
provision is to transfer from Interior to the Native's
Regional Corporation the task of adjudicating and
resolving inter-village land selections within the
overall entitlements for Cook Inlet.
Section 5 -- directs the Secretary of the Interior
to convey to the Cook Inlet Region 56 acres of land
at Fort Richardson, Alaska. This tract would ulti-
mately be conveyed to the Region under the terms
of ANCSA, and the effect of this provision is to
accomplish the conveyance immediately. In return
for the tract, the Region would be required to
lower its overall entitlement by 1687.2 acres.
Legislative History
S. 3651 was introduced, passed, and enrolled without the
customary Executive Branch and congressional committee
review process. However, both Interior and Agriculture
submitted to the Congress, without clearance by this
Office, letters concerning this legislation.
FORD & GERALD LIBRARY
6
In this regard, Secretary Kleppe advised the Chairman
of the House Interior Committee that his Department
supported the Cook Inlet provisions. On the other hand,
the Chief of the Forest Service wrote every member of
the Senate Interior Committee to express his concerns
that the Klukwan provision was an undesirable and inequi-
table precedent which would lead to further piecemeal
amendments to ANCSA.
Agency Views
Both Interior and Agriculture now recommend approval.
Interior advises that the enrolled bill would enable it:
"
to execute our existing obligations
under the Settlement Act and Public Law
94-204 - more efficiently and with a
decreased possibility of controversy and
protracted litigation. "
In its enrolled bill letter, Agriculture restricts its
comments to the Klukwan provision, and concludes that:
"As a result of discussions with the Alaska
Congressional Delegation, the staff of the
House Subcommittee on Indian Affairs, and
representatives of Klukwan Village and the
Department of the Interior, we have reached
agreement that Klukwan will select the maxi-
mum amount of usable acreage within their
withdrawal area and that any deficiency with-
drawal will be made only after further consul-
tation with the Forest Service. We are
assured that Klukwan is interested in select-
ing lands in a compact and contiguous area
which will permit them to manage their lands
wisely and economically, and are informed
that they are interested in joining with other
Native villages in cooperative land management.
Furthermore, Klukwan representatives have
identified the specific areas of the Tongass
National Forest which they wish to consider
&
FORD
GERALD
LIBRARY
7
for their deficiency withdrawal and have dis-
cussed these at length with the Regional
Forester for the Alaska Region. Based on his
views, we do not identify any adverse impact
of these withdrawals on the management of the
Tongass National Forest. "
Conclusion
On balance, we concur in the Interior and Agriculture
recommendations for approval. Based on the Forest
Service's assessment, we believe the Klukwan provision
is primarily objectionable from a precedential standpoint.
In this regard, we are not aware of similar situations
with respect to other villages, but in future cases the
Administration would have to assess each case on the merits.
Finally, we view the Cook Inlet provisions as essentially
technical amendments to ANCSA which simply provide a
statutory verification of agreements previously reached
between Interior, the State of Alaska, and Cook Inlet
Region, Incorporated.
Acting Director Ohin
Enclosures
FORD & LIBRARY GERALD
OF
United States Department of the Interior
OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20240
SEP 28 1976
Dear Mr. Lynn:
This responds to your request for the views of this Department
on the enrolled bill S. 3651, "To amend the Alaska Native Claims
Settlement Act to provide for the withdrawal of lands for the village
of Klukwan, Alaska, and for other purposes."
We recommend that the President approve the enrolled bill.
Section 1 of S. 3651 as enrolled would amend section 16 (d) of the
Alaska Native Claims Settlement Act as amended (85 Stat. 688, as
amended by P.L. 94-204) to direct the Secretary of the Interior to
withdraw 70,000 acres of public lands in the southeastern Alaska
region in order that the village corporation, Klukwan, Inc., may
select its 23,040 acres of land. To the extent possible, the lands
withdrawn shall be comparable in value and character to the lands
of the Chilkat Valley, surrounding the village of Klukwan. Section 1
requires the Secretary to consult with the Secretary of Agriculture
prior to withdrawing thereunder any lands from the national forest
system.
The withdrawal by the Secretary shall be made within six months of
enactment, and within one year of withdrawal Klukwan shall select,
and have conveyed thereto, the 23,040 acres. None of the lands
withdrawn can be those which are the subject of selection by other
Native Corporations or located on Admiralty Island, nor shall the
legislation affect the existing entitlement of any Regional Corporation
to lands pursuant to section 14 (h) (8) of ANCSA.
Section 9 of P.L. 94-204 authorized the shareholders of Klukwan, Inc.,
to participate in the benefits of ANCSA, including the selection of
land, as if they had not originally elected to acquire title to
their former reserve. However, section 9 only addressed the problem
which existed between Klukwan, Inc., and Chilkat Indian Village.
It did not address the situation whereby very little usable lands
would be available to Klukwan, Inc., due to the earlier selections
REVOLUTION
AMERICAN
BICENTENNIAL
1776-1976
in the Klukwan area by the State of Alaska under the Alaska Statehood
Act. Section 1 of S. 3651 would enable Klukwan, Inc., to select
useable lands by providing for a withdrawal of lands for it in a
manner similar to the withdrawal provisions for those Native Villages
which come under section 11 (a) (3) of ANCSA.
Because of the possibility that a conveyance under section 1 of the
enrolled bill might be construed as a conveyance pursuant to section
14 (h) of ANCSA, section 1 provides that no regional entitlements
under section 14 (h) (8) of ANCSA will be affected by any conveyances
pursuant to section 1 of S. 3651. It is our understanding that the
Congressional intent concerning section 1 (Cong. Rec. H. 10962,
Sept. 23, 1976) is that the conveyance to Klukwan, Inc., will be
treated in the same manner as conveyances to other villages in the
southeast Alaska region, i.e., the surface estate will go to the
village and the subsurface estate will go to the region as provided
by section 16 (b) of ANCSA.
Section 9 of P.L. 94-204 withdrew for selection an area surrounding
the Village of Klukwan. Pursuant to section 1 of the enrolled bill
and the stated position of Klukwan, Inc., (Cong. Rec. H. 10963,
Sept. 23, 1976), this Department intends to: (1) withdraw lands
in the prior Klukwan area withdrawal in accord with Klukwan's stated
intent (see letter of Sept. 23, 1976 from President, Klukwan, Inc.,
to Rep. Lloyd Meeds, Cong. Rec. H. 10963) (2) withdraw lands as
proposed in the agreement between Klukwan, Inc., and the State of
Alaska (Cong. Rec. S. 15215, Sept. 1, 1976) after consultation
with the Department of Agriculture; and (3) withdraw additional
lands, if necessary, after consultation with Klukwan, Inc., and
the Department of Agriculture. It is our understanding that Klukwan,
Inc., has made assurances to the Congress that the lands involved
under (1) and (2) above meet the section 1 criteria of "similar
character and comparable value."
Sections 2 through 5 of the enrolled bill concern certain provisions
in the terms and conditions for the consolidation and management of
lands in the Cook Inlet Region which are incorporated in section 12
of P.L. 94-204. These sections would clarify certain obligations
in those provisions as well as correct certain typographical and
printing errors in the original terms and conditions.
Section 2 of the enrolled bill directs the Secretary of the Interior
to immediately convey 265 acres of land on Point Woronzof, near
Anchorage, to the State of Alaska "for park, recreation, airport or
other public purposes." Absent section 2 of S. 3651, the Secretary
would have been obligated to convey this land to the State for
park and recreation purposes only, pursuant to the provisions of
2
section 12 of P.L. 94-204. This restricted conveyance may preclude
the State from constructing a north-south runway extension at the
Anchorage International Airport. The State has proposed such construc-
tion and the Federal Aviation Administration has been considering
the extension for some time. A final Environmental Impact Statement
is expected in early November, 1976. The Air Line Pilots Association
considers the existing runways at the Airport unsafe under certain
wind conditions.
The Secretary is already required to convey this land to the State
under section 12 of P.L. 94-204. Section 2 of S. 3651 would direct
immediate conveyance and expands the purposes for which the State
may use the land.
Section 12 of P.L. 94-204 incorporated by reference a complex land
trade agreement between this Department, the State of Alaska, and
Cook Inlet Region, Inc. During the past year, the parties have
clarified ambiguities in the agreement, and section 3 of the enrolled
bill re-ratifies the clarified version of the agreement. The
clarification will result in a more efficient implementation of
the Department's existing responsibilities under section 12 of
P.L. 94-204.
Section 4 of the enrolled bill provides authority for the Secretary
to convey lands selected by village corporations within Cook Inlet
Region to the Cook Inlet Region, Inc., for reconveyance to the
village corporations in satisfaction of such village corporations
entitlement under ANCSA. A number of village corporations in the
Cook Inlet Region selected lands in a manner which, in our judgment,
did not satisfy the requirements of ANCSA and the implementing
regulations. The purpose of these provisions of the Act and regula-
tions is to provide for compact private land holdings, keep Federal
adjudication and survey costs to a minimum, and to provide the
Alaska Natives their entitlements as set out in the Settlement Act.
This Department declared several village selections in Cook Inlet
Region invalid for being in violation of these statutory and regulatory
provisions.
In the Cook Inlet Region, instead of withdrawing each block of land
for one village, we withdrew each block of land for several villages
because of the dearth of available lands and the still pending
judicial action on village eligibility. We have subsequently reached
an agreement whereby we will convey blocks of land selected by the
village corporations to Cook Inlet Region, Inc., for reconveyance
to the villages notwithstanding the validity of the original selection.
Instead of the Department adjudicating the validity of each village
selection and surveying the exterior boundaries of each, within these
3
FORD & GERALD LIBRARY
blocks, the Department will only be required to survey the exterior
boundaries of the entire blocks conveyed to the Region. This would
allow the Natives, upon the termination of eligibility litigation,
to determine how the land within the blocks will be divided. The
Department estimates that this relieved survey burden under section 4
will save several hundred thousand dollars. Implementation of this
agreement by section 4 will also avoid protracted litigation over
the validity of these village selections.
Section 5 of S. 3651 directs the Secretary to convey to the Cook
Inlet Region, within 60 days of enactment, 56 acres of land at
Fort Richardson, which are in the process of being declared surplus
property by the Bureau of Land Management and the General Services
Administration. Under the acre equivilancy provisions of the
original terms and conditions in section 12 of P.L. 94-204, this
land would be equivilant to and a substitute for 1687.2 acres of
the Region's entitlement. The land to be conveyed under section 4
would have ultimately been conveyed to the Region under P.L. 94-204
anyway. Immediate conveyance as provided by section 4 would relieve
the Department or GSA of interim management costs.
In our judgment, this legislation will enable the Department to
execute our existing obligations under the Settlement Act and
Public Law 94-204 more efficiently and with a decreased possibility
of controversy and protracted litigation. Accordingly, we recommend
that the President approve the enrolled bill.
Sincerely Secretary yours, of the Interior
Assistant
Honorable James T. Lynn
Director, Office of
Management and Budget
Washington, D.C. 20503
4
LIBRASKA GERALD B. FORM
STATE VITED DEPARTMENTIN
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
WASHINGTON, D. C. 20250
September 2 8,, 1976
Honorable James T. Lynn
Director, Office of Management
and Budget
Dear Mr. Lynn:
As requested by your office, here are our views on the enrolled enactment,
S. 3651, an Act "To amend the Alaska Native Claims Settlement Act to pro-
vide for the withdrawal of lands for the village of Klukwan, Alaska, and
for other purposes."
Insofar as S. 3651 affects the responsibilities of this Department, we
recommend that the President approve the enactment. We defer to the
Department of the Interior on the merit of sections 2 and 3 of the Act
relating to Cook Inlet.
Section 1 of S. 3651 would amend the Alaska Native Claims Settlement Act
to authorize and direct the Secretary of the Interior to withdraw 70,000
acres of public land from which Klukwan Village Corporation could select
its entitlement of 23,040 acres. The bill also provides that the lands
shall be located in southeastern Alaska and shall be to the extent possible
of similar character and value to those of the Chilkat Valley surrounding
the Village of Klukwan. In addition, S. 3651 provides that no lands that
have been previously withdrawn as a forest reserve shall be withdrawn with-
out prior consultation with the Secretary of Agriculture. The circumstances
leading to this legislation are detailed in the enclosed legislative history
of S. 3651.
Lands in the Tongass National Forest would qualify for selection under
S. 3651, and Klukwan Village Corporation has signified its intention to
request withdrawal of such lands. As the Department charged with respon-
sibility for administering the National Forest System, we obviously
review thoroughly all proposals to transfer lands out of National Forest
status to assess the impact on the management of the National Forests.
In recognition of Klukwan's land selection difficulties, we have given
the Klukwan situation considerable attention in a desire to reach an
equitable and acceptable solution. Toward this end, the Forest Service
met repeatedly with the Alaska Congressional Delegation and Klukwan
representatives.
We have previously had two principal concerns with this legislation.
First, there had been no conclusive determination that lands were not
available within Klukwan's original withdrawal area. It was Klukwan's
sincere belief that the State of Alaska had prior claim to its core
Honorable James T. Lynn
2
township and adjacent lands that led to their request for this legislation.
This view was initially supported by certain segments within the Department
of the Interior. However, in the last week, the Department of the Interior
has determined that as much as 14,800 acres may still be available for
selection by Klukwan within the core township.
Our second concern with the legislation was the absence of criteria by
which Klukwan would select its entitlement. We were concerned that
Klukwan could select isolated tracts in a number of locations, thereby
creating within the National Forest undesirable private inholdings which
could not be feasibly managed.
As a result of discussions with the Alaska Congressional Delegation, the
staff of the House Subcommittee on Indian Affairs, and representatives of
Klukwan Village and the Department of the Interior, we have reached
agreement that Klukwan will select the maximum amount of usable acreage
within their withdrawal area and that any deficiency withdrawal will be
made only after further consultation with the Forest Service. We are
assured that Klukwan is interested in selecting lands in a compact and
contiguous area which will permit them to manage their lands wisely and
economically, and are informed that they are interested in joining with
other Native villages in cooperative land management. Furthermore,
Klukwan representatives have identified the specific areas of the Tongass
National Forest which they wish to consider for their deficiency withdrawal
and have discussed these at length with the Regional Forester for the
Alaska Region. Based on his views, we do not identify any adverse impact
of these withdrawals on the management of the Tongass National Forest.
Had there been sufficient time for the House to enact its own bill, we
would, of course, have preferred and worked for specific statutory language
embracing the verbal understandings and correspondence that have developed
between the Department of the Interior, the Forest Service, and Klukwan.
However, the Congressional schedule prior to adjournment has not permitted
the more careful approach, and Klukwan needs a legislative remedy before
adjournment, since its selection rights under existing law expire in
early January 1977 before the new Congress could act. Given the legis-
lative history established on the floor of the House, the correspondence
exchanged between parties, and what we believe to be good faith on all
sides, we recommend that the President sign the legislation.
Sincerely,
ROBERT W. LONG
Assistant Secretary
THE WHITE HOUSE
WASHINGTON
October 4, 1976
NOTE TO THE STAFF SECRETARY
I concur that S 2981 and
S 3651 should be signed by the President.
Bradley H. Patterson, Jr.
LIBRARY
October 7, 1976
Dear Tad:
Thank you for your note of the 27th about Kawerak. I read
Mr. Leonard's letter carefully and then had a long talk on
the telephone with Mr. David Dougherty, the Staff Director
of the Federal Regional Council in Seattle, and have also
consulted with Commissioner Thompson.
Mr. Dougherty tells me that the Federal Regional Council is
currently meeting to work on the design for an accounting
system which could be used by the non-profit Alaska native
corporations and which would fit their needs vis-a-vis all
the different Federal agencies whose funds go to those
corporations. He said he did not believe that one had to go
the route of the Joint Funding Simplification Act (PL 93-510)
in order to institute this common accounting system. lie was
pretty firm, however, that any of the non-profit corporations
which are experiencing the kind of problems apparent at
Kawerak (which is in bankruptcy) must get their management
and accounting systems in much better shape before they go
after more Federal funds. The Council, through this proposed
accounting system, is helping them do this.
Mr. Dougherty added that the AFN has been given money to
provide managerial assistance to the non-profit corporations
but he indicated that this task has not been discharged as
was originally intended.
I know that Commissioner Thompson and Mr. Dougherty would be
glad to discuss this situation in much greater detail with
you, since they both are following it closely.
Cordially,
Bradley H. Patterson, Jr.
The Monorable Ted Stevens
United States Senate
Washington, D.C. 20510
FORD is EUBRARY 07V830
CC: Commissioner Thompson
CC: Mr. Dougherty
JOHN L. MC CLELLAN ARK., CHAIRMAN
WARREN G. MAGNUSON, WASH.
MILTON R. YOUNG, N. DAK.
JOHN c. STENNIS, MISS.
ROMAN L. HRUSKA, NEBR.
JOHN O. PASTORE, R.I.
CLIFFORD P. CASE, N.J.
ROBERT c. BYRD, W. VA.
HIRAM L. FONG, HAWAII
GALE W. MC GEE, WYO.
EDWARD W. BROOKE, MASS.
MIKE MANSFIELD, MONT.
MARK O. HATFIELD, OREG.
United States Senate
WILLIAM PROXMIRE, WIS.
TED STEVENS, ALASKA
JOSEPH M. MONTOYA, N. MEX.
CHARLES MC c. MATHIAS, JR., MD.
DANIEL K. INOUYE, HAWAII
RICHARD S. SCHWEIKER, PA.
COMMITTEE ON APPROPRIATIONS
ERNEST F. HOLLINGS, S.C.
HENRY BELLMON, OKLA.
BIRCH BAYH, IND.
WASHINGTON, D.C. 20510
THOMAS F. EAGLETON, MO.
LAWTON CHILES, FLA.
J. BENNETT JOHNSTON, LA.
WALTER D. HUDDLESTON, KY.
JAMES R. CALLOWAY
CHIEF COUNSEL AND STAFF DIRECTOR
September 27, 1976
Mr. Bradley H. Patterson, Jr.
White House Staff
White House
Washington, D. C. 20500
Dear Mr. Patterson:
Enclosed for your information is a letter from Mr.
James Leonard of Kawerak, Inc., requesting your attention
to a matter of concern to him.
Please note Mr. Leonard's specific interest in obtain-
ing your assistance in regard to application procedure for
utilizing P.L. 93-510.
Any assistance you might offer with respect to this
matter will be appreciated. If possible, I would like to
help Mr. Leonard and the Kawerak company.
With best wishes,
Cordially,
Jed Seven
TED STEVENS
United States Senator
Enclosures
BERALD P.. FORD LIBRARY
KAWERAK, INC.
BERING STRAITS NATIVE ASSOCIATION
September 17, 1976
Senator Ted Stevens
U.S. Senate
Washington, D.C. 20515
Dear Senator Stevens:
Attached you will find a copy of a letter from the Department of Labor
rescinding Kawerak's Fiscal Year 1977 designation as a prime sponsor of
Indian Employment and Training Programs under the Comprehensive Employ-
ment and Training Act (CETA). I have also enclosed a letter and attach-
ments to the Department of Labor requesting an appeal of their decision.
These letters explain the current problems that Kawerak, Inc. is exper-
iencing and our attempt to correct past deficiencies through Chapter 11
of the Federal Bankruptcy Act.
We must protest the Department of Labor's decision as poorly concieved
and a direct hinderance to our attempt to deal with a difficult problem
faced by several regional Native non-profit corporations in Alaska on a
systematic and legal basis. Instead of providing the technical assis-
tance requested, the Department of Labor apparently hopes to ignore a
problem area in which they were a major contributing factor. The low
overhead or indirect rates allowable under this program, the requirement
that direct program support such as the program coordinator's and secre-
tarial salaries be changed to this indirect pool, and the lack of onsite
pre-contract audit and technical assistance relevant to rural Alaska have
all led to our current situation.
We feel that the Secretary of Labor has a moral, if not legal, obligation
to Congress and our people to provide employment and training services for
Natives in the Bering Straits Region. Does the Current CETA legislation
require that these programs be provided in areas of extremely high unem-
ployment?
We would appreciate a letter from your office to the Secretary of Labor-
requesting the expeditious handling of our appeal and supporting our re-
organization efforts.
We have attempted to analyze the problems that all of the regional non-
FORD & LIBRARY EERALO
profit corporations are currently having in financial and management con-
trol and coordination of the various Federal programs that provide the
funding structure for these corporations. After discussions with repre-
sentatives from the Office of Management and Budget (OMB), the best sol-
ution available at this line is the utilization of the Joint Funding Sim-
Page 2.
gion X Federal Regional Council in Seattle. This process has not been
ulitized by any organization yet since OMB only released the guidelines
July 30, 1976.
The greatest help that you and your office could provide us is to con-
tact Mr. Bradley H. Patterson Jr. on the White House Staff who has
been designated by the President to coordinate policies and programs deal-
ing with American Indians and seek his assistance in helping us success-
fully complete a application utilizing P.L. 93-510. We currently plan to
submit a letter of intent, a position paper on the need for Federal
agency coordination and a preliminary proposal to the Federal Region X
Council for their October 5 meeting. Under this new mechanism, we plan
to request the coordination of the Office of Native American Programs in
Health Education and Welfare, the Comprehensive Employment and Training
Act in the Department of Labor and other grant programs in the Ecomonic
Development Administration of the Department of Commerce, Housing and
Urban Development and Health Education and Welfare. Therefore the assist-
ance of Mr. Patterson would be very valuable.
As you know, the Bureau of Land Management has tentatively scheduled Off-
shore Continental Shelf Oil Lease Sales for 1978 or 1979 around the Bering
Straits Region. It is our hope and intention to develop the organization
capability to prepare the villages and people within our region for this
impact. These programs of employment and training are, therefore, vital
to the long-range goals and plans which the villages determine under its
federation - the Bering Straits Native Association.
Any assistance that you can provide will be greatly appreciated.
Sincerely,
James R. Leonard,
Executive Vice President
Enclosure (5)
cc: File
JL:sjt
FORD VIBRARY
JOHN L. MCCLELLAN ARK., CHAIRMAN
WARREN G. MAGNUSON, WASH.
MILTON R. YOUNG, N. DAK.
JOHN c. STENNIS, MISS.
ROMAN L. HRUSKA, NEBR.
JOHN o. PASTORE, R.I.
CLIFFORD P. CASE, N.J.
ROBERT C. BYRD, W. VA.
HIRAM L. FONG, HAWAII
GALE W. MC GEE, WYO.
EDWARD W. BROOKE, MASS.
MIKE MANSFIELD, MONT.
MARK o. HATFIELD, OREG.
WILLIAM PROXMIRE, WIS.
United States Senate
TED STEVENS, ALASKA
JOSEPH M. MONTOYA, N. MEX.
CHARLES MCC. MATHIAS, JR., MD.
DANIEL K. INOUYE. HAWAII
RICHARD S. SCHWEIKER, PA.
COMMITTEE ON APPROPRIATIONS
ERNEST F. HOLLINGS, S.C.
HENRY BELLMON, OKLA.
BIRCH BAYH, IND.
WASHINGTON, D.C. 20510
THOMAS F. EAGLETON, MO.
LAWTON CHILES, FLA.
J. BENNETT JOHNSTON, LA.
WALTER D. HUDDLESTON, KY.
JAMES R. CALLOWAY
CHIEF COUNSEL AND STAFF DIRECTOR
September 27, 1976
Mr. Bradley H. Patterson, Jr.
White House Staff
White House
Washington, D. C. 20500
Dear Mr. Patterson:
Enclosed for your information is a letter from Mr.
James Leonard of Kawerak, Inc., requesting your attention
to a matter of concern to him.
Please note Mr. Leonard's specific interest in obtain-
ing your assistance in regard to application procedure for
utilizing P.L. 93-510.
Any assistance you might offer with respect to this
matter will be appreciated. If possible, I would like to
help Mr. Leonard and the Kawerak company.
With best wishes,
Cordially,
Jed Seeven
TED STEVENS
United States Senator
Enclosures
FORD CIRRANT
kawerak, INC.
BERING STRAITS NATIVE ASSOCIATION
September 17, 1976
Senator Ted Stevens
U.S. Senate
Washington, D.C. 20515
Dear Senator Stevens:
Attached you will find a copy of a letter from the Department of Labor
rescinding Kawerak's Fiscal Year 1977 designation as a prime sponsor of
Indian Employment and Training Programs under the Comprehensive Employ-
ment and Training Act (CETA). I have also enclosed a letter and attach-
ments to the Department of Labor requesting an appeal of their decision.
These letters explain the current problems that Kawerak, Inc. is exper-
iencing and our attempt to correct past deficiencies through Chapter 11
of the Federal Bankruptcy Act.
We must protest the Department of Labor's decision as poorly concieved
and a direct hinderance to our attempt to deal with a difficult problem
faced by several regional Native non-profit corporations in Alaska on a
systematic and legal basis. Instead of providing the technical assis-
tance requested, the Department of Labor apparently hopes to ignore a
problem area in which they were a major contributing factor. The low
overhead or indirect rates allowable under this program, the requirement
that direct program support such as the program coordinator's and secre-
tarial salaries be changed to this indirect pool, and the lack of onsite
pre-contract audit and technical assistance relevant to rural Alaska have
all led to our current situation.
We feel that the Secretary of Labor has a moral, if not legal, obligation
to Congress and our people to provide employment and training services for
Natives in the Bering Straits Region. Does the Current CETA legislation
require that these programs be provided in areas of extremely high unem-
ployment?
We would appreciate a letter from your office to the Secretary of Labor-
requesting the expeditious handling of our appeal and supporting our re-
organization efforts.
We have attempted to analyze the problems that all of the regional non-
profit corporations are currently having in financial and management con-
trol and coordination of the various Federal programs that provide the
funding structure for these corporations. After discussions with repre-
sentatives from the Office of Management and Budget (OMB), the best sol-
ution available at this line is the utilization of the Joint Funding Sim-
Page 2.
gion X Federal Regional Council in Seattle. This process has not been
ulitized by any organization yet since OMB only released the guidelines
July 30, ]976.
The greatest help that you and your office could provide us is to con-
tact Mr. Bradley H. Patterson Jr. on the White House Staff who has
been designated by the President to coordinate policies and programs deal-
ing with American Indians and seek his assistance in helping us success-
fully complete a application utilizing P.L. 93-510. We currently plan to
submit a letter of intent, a position paper on the need for Federal
agency coordination and a preliminary proposal to the Federal Region X
Council for their October 5 meeting. Under this new mechanism, we plan
to request the coordination of the Office of Native American Programs in
Health Education and Welfare, the Comprehensive Employment and Training
Act in the Department of Labor and other grant programs in the Ecomonic
Development Administration of the Department of Commerce, Housing and
Urban Development and Health Education and Welfare. Therefore the assist-
ance of Mr. Patterson would be very valuable.
As you know, the Bureau of Land Management has tentatively scheduled Off-
shore Continental Shelf Oil Lease Sales for 1978 or 1979 around the Bering
Straits Region. It is our hope and intention to develop the organization
capability to prepare the villages and people within our region for this
impact. These programs of employment and training are, therefore, vital
to the long-range goals and plans which the villages determine under its
federation - the Bering Straits Native Association.
Any assistance that you can provide will be greatly appreciated.
Sincerely,
James R. Leonard,
Executive Vice President
Enclosure (5)
cc: File
JL:sjt
FURO & LIBRARY 076830
THE WHITE HOUSE
WASHINGTON
Seattle
8.442-0420
8-399-1593
8-399-0420
David Douglurty
399-1593 1492
1321 2nd are
nearl Stop 130
Seattle We
98101
THE WHITE HOUSE
WASHINGTON
Non- Pholut
get Jours
CETA
Propid turnores of personal
Menaguento accounting
Filed for bankrupter r to
allow time diditors for
of bold off
Commil well try to
accounting suptem at for
all design the au ted grant to all
Kl Coys
Doughorty
THE WHITE HOUSE
WASHINGTON
Natures advent they and
help?
hearned fore sat and
2 ARC / 9
native
accounting system withool
We can use one
gares to paid 93-510
promote AFN help yo non -feeft
as suspound the to
corps
K
NAME OF AGENCY
PRECEDENCE
ACTION,
GOVT PD
INFO.,
BUREAU OF INDIAN AFFAIRS
TYPE OF MESSAGE
CLASSIFICATION
ACCOUNTING CLASSIFICATION
X
SINGLE
BOOK
STANDARD FORM 14 REV. MARCH 15, 1957
MULTI-ADDRESS
GSA REGULATION 2-1X-203.04
14-303
THIS BLOCK FOR USE OF COMMUNICATIONS UNIT
TELEGRAPHIC MESSAGE
OFFICIAL BUSINESS
#. 5. GOVERNMENT
MESSAGE TO BE TRANSMITTED (Use double spacing and all capital letters)
THIS COL. FOR AGENCY USE
OIC
DCSTTYNET COMMCENTER ELMENDORF AFB
FOR: COMMISSIONER OF INDIAN AFFAIRS, INTERIOR DEPARTMENT,
WASHINGTON, D. C.
REFERENCE TELEGRAM FROM TANANA CHIEFS CONFERENCE TO WHITE HOUSE
DATED 10-1-76. THE FOLLOWING IS A SUGGESTED RESPONSE IF ONE HAS NOT
START MESSAGE ADDRESS HERE
ALREADY BEEN MADE. QUOTE YOUR TELEGRAM TO PRESIDENT FORD OF 10-1-76
HAS BEEN FORWARDED TO THIS OFFICE FOR RESPONSE. ALTHOUGH I AM AWARE
THAT THE NEGOTIATIONS BETWEEN TCC AND THE JUNEAU AREA OFFICE WERE
DIFFICULT, I UNDERSTAND THAT THEY WERE CONCLUDED SUCCESSFULLY AND
FURTHER, THAT SERVICE TO THE TCC VILLAGES AND INDIVIDUALS WAS NOT
LOST OR HAMPERED. PLEASE ACCEPT MY CONGRATULATIONS FOR THE JOINT
DO NOT TYPE MESSAGE BEYOND THIS LINE
EFFORTS OF THE TCC AND THE JUNEAU AREA STAFFS THAT HOPEFULLY WILL
RESULT IN MEANINGFUL SERVICES TO ALASKA NATIVE PEOPLE WITHIN YOUR
REGION. UNQUOTE. SIGNED MORRIS THOMPSON, COMMISSIONER OF INDIAN
AFFAIRS.
CLARENCE ANTIOQUIA, AREA DIRECTOR, BUREAU OF INDIAN AFFAIRS.
GENALD FORD CLEARY
PAGE NO.
NO. OF PAGES
1
1
NAME AND TITLE OF ORIGINATOR (Type)
ORIGINATOR'S TEL. NO.
DATE AND TIME PREPARED
Clarence Antioquia, Area Director
586-7177
10-19-76
SECURITY CLASSIFICATION
I certify that this message is official business, is not personal, and is in the interest of the Government.
(Signature)
U.S GOVERNMENT PRINTING OFFICE: 1959 OF-513800
DEPARTMENT
OF
United States Department of the Interior
BUREAU OF INDIAN AFFAIRS
WASHINGTON, D. C. 20245
IN REPLY REFER TO:
Contracting Staff
BCCO-5697
Mr. Alfred R. Ketzler
President
Tanana Chiefs Conference
102 Lacey
NOV
9
1976
Fairbanks, Alaska 99701
Dear Mr. Ketzler:
President Ford has asked me to respond to your telegram of October 1
and to express his appreciation for bringing the difficulties you
have encountered, in negotiating your contract with the Bureau, to
his attention.
I am, as you know, aware that the negotiation of your contract with
our Juneau Area Office proved more difficult than any of us expected.
However, I now understand that the negotiations have been completed
and that services to the villages and people, served by the contract,
were not interrupted.
Please accept my congratulations for your perseverance. I feel that
the efforts you have put forth, in cooperation with the staff of our
Juneau Area Office, will result in meaningful services to the Alaska
Native People within your region.
Sincerely yours,
SGD) THEODORE KRENZKE
Acting
Commissioner of Indian Affairs
CC:
Mr. Bradley Patterson
The White House