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The original documents are located in Box 3, folder "Jurisdiction Over Indian Lands (PL 280) - Patterson Letter" 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 Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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 remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 3 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library August 30, 1976 Dear Mr. Wenke: Thank you for your letters to the President expressing concern about his jurisdictional statement to American Indian leaders on July 16. It has been erroneously reported that President Ford supports legislation to give tribal governments criminal and civil jurisdiction over all people living on Indian reservations. This is inaccurate. The President does not support legislation to alter the present legal status of non-Indians residing within reservation boundaries. In his statement to Indian leaders on July 16, President Ford indicated that he supported the concept of allowing certain Indian tribes (those which have been subject to State civil and criminal jurisdiction under provisions of Public Law 83-280 and related statutes) to decide by tribal resolution whether they wish to continue under State jurisdiction or return to Federal jurisdictional status. This resolution is subject to the approval or disapproval of the Secretary of the Interior under a clear set of reasonable guidelines. Under this concept, a tribe by itself could initiate a request to the Secretary of the Interior for a return to Federal jurisdictional status. In reaching his decision on this request, the Secretary of the Interior would be required to consult with the U.S. Attorney General and with the governors of the appropriate States. Application would be limited to tribes in States which have exercised jurisdiction under P.L. 83-280 and related statutes. The Departments of Justice and Interior are drafting legislation on this subject, and the Administration has asked the governors of 31 States for their views on the draft legislation. It is the President's GERALO FORD 2 intention to continue consultations on the draft and to expand those consultations to include a wide range of interested groups, including representatives of non-Indians residing within reservation boundaries. Sincerely, Bradley H. Patterson, Jr. Mr. Clark A. Wenke President Pender State Bank Pender, Nebraska 68047 BHP:lrc BHP-2 QERALO R FORD LIBRARY end CLARK A. WENKE, President Pender State Bank R. R. SMITH, Executive Vice President GARY R. CONDON, Vice President KEVIN E. KIRBY, Agri. Representative MAVIS BERG, Cashier PENDER, NEBRASKA 68047 PHONE (402) 385-3063 NINA RUGE, Assistant Cashier July 29th, 1976 LOIS SCHOCH, Assistant Cashier Gerald R. Ford DP President of the United States The White House Washington, D. C. Dear President Ford, This is a follow up on my letter to you of July the 19th, 1976. I enclose a copy of my original letter of July the 19th, a letter from Congressman Charles Thone, and a series of articles by Mary Kay Quinlan, a World Herald Bureau staff writer. Ms. Quinlan's series of articles concerning the Indian retrocession are the best and most unbiased that I have ever had the opportunity to read and study. She very fairly states the case of the Indian and the Non-Indians. If you will take the time to read these article you will have an insight into the retrocession issue that perhaps has not been available to you. At least you will be able to view this situation with information from a source other than the American Indian Policy Review Commission. I thank you in advance for your considerations of the Non-Indians in this very serious matter. We hope that you will represent the Non-Indian as well as the Indian. I have lived on the Omaha-Winnebago Reservation in Thurston County, Nebraska for all of my 56 years. Very Sincerely, Clarl Wenbe Clark A. Wenke President Copies to Senator Hruska & Curtis & Congressman Thone. emil Pender State Bank PENDER, NEBRASKA 68047 PHONE(402) 385-3063 July 19th, 1976 DP CLARK A. WENKE President Gerald R. Ford President of the United States White House Washington, D. C. Dear President Ford, I have just read your news release concerning a new law that you are seeking that will give Indian tribal councils criminal and civil jurisdiction over people living on Indian reservations. I enclose a clipping from the Omaha World Herald. I happen to live in Thurston County, Nebraska which is made up entirely of the Omaha and Winnebago reservations. The population of Thurston County is about 7,000, of which 65% are non-indian. The npn-indians own virtually all of the business enterprises in Thurston County. They own approimately 65% of the farm lands in the county and rent and farm almost all of the indian owned land by virtue of leases from the Bureau of Indian affairs. Currently, the tribals lands are not on the tax rolls of the county. The lands owned by the indians and rented by the non-indians are taxed, but the taxes are paid by the renters of the land. On some reservations, where the population is basicly all indian your program might work and would not effect anyone but the indian population, but in Thurston County it would disenfranchise all of the non-indians in this county. It would be catastropic to our communities, school districts, political sub-divisions and the county govern- ment. The Omaha tribe has had criminal retrocession for several years and has not been a success by any measure of legal and moral right. The Nebraska legislature, in it's last secession, took up the subject of retrocession for the Nebraska Indian reservations and unaximously rejected it. I am sure that their ruling or decision was forwarded to Washington, D. C.. If not, a copy of their ruling can be obtained from the Clerk of the Nebraska Legislature in Lincoln, Nebraska. It is inconceaveable that the rights of the majority could be taken away and given to the minority. I have always believed that the laws of the villages, counties, states and the Federal government were equally fair and just for all. If they are not, then they should be changed for all citizens of the United States. If the Indian tribal councils were to be given criminal and civil jurisdiction over the indians and non-indians in Thurston County, Nebraska, it is my opinion that there would, or will be a lot of blood spilled before the non-indians will give up their rights as American citizens. Very Sincerely, Clork Wenbe Clark A. Wenke President Pender State Bank PENDER, NEBRASKA 68047 PHONE (402) 385-3063 July 19th, 1976 CLARK A. WENKE President Gerald R. Ford President of the United States White House Washington, D. C. Dear President Ford, I have just read your news release concerning a new law that you are seeking that will give Indian tribal councils criminal and civil jurisdiction over people living on Indian reservations. I enclose a clipping from the Omaha World Herald. I happen to live in Thurston County, Nebraska which is made up entirely of the Omaha and Winnebago reservations. The population of Thurston County is about 7,000, of which 65% are non-indian. The npn-indians own virtually all of the business enterprises in Thurston County. They own approimately 65% of the farm lands in the county and rent and farm almost all of the indian owned land by virtue of leases from the Bureau of Indian affairs. Currently, the tribals lands are not on the tax rolls of the county. The lands owned by the indians and rented by the non-indians are taxed, but the taxes are paid by the renters of the land. On some reservations, where the population is basicly all indian your program might work and would not effect anyone but the indian population, but in Thurston County it would disenfranchise all of the non-indians in this county. It would be catastropic to our communities, school districts, political sub-divisions and the county govern- ment. The Omaha tribe has had criminal retrocession for several years and has not been a success by any measure of legal and moral right. The Nebraska legislature, in it's last secession, took up the subject of retrocession for the Nebraska Indian reservations and unanimously rejected it. I am sure that their ruling or decision was forwarded to Washington, D. C.. If not, a copy of their ruling can be obtained from the Clerk of the Nebraska Legislature in Lincoln, Nebraska. It is inconceiveable that the rights of the majority could be taken away and given to the minority. I have always believed that the laws of the villages, counties, states and the Federal government were equally fair and just for all. If they are not, then they should be changed for all citizens of the United States. If the Indian tribal councils were to be given criminal and civil jurisdiction over the indians and non-indians in Thurston County, Nebraska, it is my opinion that there would, or will be a lot of blood spilled before the non-indians will give up their rights as American citizens. Capyt - Drone Hrusha 1 Carti Very Sincerely, Glob Wente Clark A. Wenke President 7 le under- ford Ferd Wants Indian Control For Those on Reservation Washington (AP) - Presi- adequate guidelines. dent Ford told Indian leaders Friday he soon will seek a new Some Indian leaders said in law that could give tribal gov. advance of the session that they ernments criminal and civil ju+ suspected the President might risdiction over people living on be trying to use them for politi- Indian reservations. cal purposes, particularly since Addressing about 200 Ameri- the White House had invited can Indian leaders in the East them to wear traditional native Room, Ford said legislation costumes to the affair. being drafted would let the Ford's only other public ac- tribes determine whether they tivities of the day involved a wanted to share jurisdiction business meeting and evening with state or federal authorities reception with visiting West or handle such-matters them- German Chancellor Helmut selves "effectively and within Schmldt CHARLES THONE COMMITTEES: AGRICULTURE 1ST DISTRICT, NEBRASKA SUBCOMMITTEES: 1524 LONGWORTH HOUSE OFFICE BUILDING DEPARTMENT OPERATIONS, INVESTIGATIONS AND OVERSIGHT HOUSE OF REPRESENTATIVES LIVESTOCK AND GRAINS WASHINGTON, D.C. 20515 GOVERNMENT OPERATIONS SUBCOMMITTEE: July 23, 1976 GOVERNMENT ACTIVITIES AND TRANSPORTATION Clark A. Wenke President Pender State Bank Pender, Nebraska 68047 Dear Clark: Thanks very much for sending me a copy of your letter to the President regarding the matter of retrocession. It was good of you to share your thoughts on this with me. As you know, Clark, I do not support S. 2010, and will oppose whatever legislation might follow that would permit the Tribes to go into retrocession without the permission of the State. Frankly, the President and I just plain disagree on this matter. Best wishes. Parker THONE U.S. Congressman CT/v LIERS AMERICAN REVOLUTION WEENTENNING 1776-1976 © THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS Indian Policy Called Two-Headed Monster By Mary Kay Quinlan child in need of a foster home WORLD-HERALD BUREAU. should be placed? Washington - The battle- If a non-Indian commits a fields are courtrooms, Con- crime on an Indian reservation, gress and cubbyholes of the who has the authority to arrest federal bureaucracy instead of him? The BIA police? A tribal the parched plains. policeman? The county sherlif? But the struggle for control of Courts have answered some Indian lands today is as real as of the questions, but not all of it was a century ago, them. And even the ones that At stake, both Indians and have been more or less bettled non-Indians agree, are funda- are far from clear. Take law enforcement On Thurston County's Winne- bago Reservation in Nebraska, and on reservations in several other states specified by Con- The gress, the county sheriff can ar- rest Indians and non-Indians New Indian alike for alleged eriminal active Battlegrounds ity, and the state criminal jus- tice systëm handles the case. First of five articles. But on the Omaha reserva tion adjacent to the Winnebago, mental, constitutional rights and in most other states, that that each side believes the oth- isn't the case. er is going to take away. If a county sheriff or an In- Vacillations in the nation's dian policeman sees a person Indian policy for at least a hun- assaulting another person, the dred years have resulted in a jurisdiction to which the assail- minefield of treaties, laws and ant will be subject depends on court decisions that one non-In- whether he's an Indian, who the dian calls "a headed mon- er the victim is an Indian, and ster. whether the incident takes An Indian calls it a "mish- place on or off Indian landi mash. "The rule of thumb is, " a BIA A Bureau of Indian Affairs law enforcement official start- (BIA) official calls it "a can of ed to explain in a confident worms." voice. Then with a pause, and a Everyone, it seems, thinks sigh, he added: There's a the situation is intolerable. gray area. It just all depends. Partisans on both sides say Both non-Indians who-live the dilemma is being ignored and own property on the reser- by the people who could and vations and the Indians for should resolve it whom the reservations were Both Indians and non-Indians created seem tired of not hav, argue about their views in phi- ing a "rule of thumb" to goby losophic and legal terms, but But their solutions to the the problems are practical problem are poles apart. And onés. officials in Congress and the EX, Who, for example, has first ecutive branch who are trying claim on precious western wa- to find a middle ground seem ter and other natural re- uncertain whether there is one. sources? Should tribal or state author- Next: Who owns the Reserva- ities decide where an Indian tion land? FORD LIBRAR Land on Reservation 2 Not Always Indians By Mary Kay Quinlan WORLD-HER BUREAU Washington Indian reser- Sioux City vations are for Indians, right? WINNEBAGO Well, sort of, Norfolk They started out that way, but on some reservations, espe- OMAHA Fremont cially in the Midlands, non-In- Omaha dians outnumber Indians as residents and landowners. The fact that non-Indians live Lincoln on Indian reservations is ig- nored or not understood by the Congress believed then the public and news media in gen- Indians would becomes civ eral, but particularly by big ilized" if they were given par city" newspapers, members of cels of land and taught to farm the- Interstate Congress on So the reservations were carve Equal, Rights and Responsi- into allotments for members C bilities say. the tribes. The group is composed pri- Though the status of reserve tion land falls into several cate gories, basically, non-India landowners entered the pictur when some reservation lan was opened for homesteading The or when Indians sold their allot ments to non-Indians New Indian There is controversy over the Battlegrounds congressional Intent behind certain acts dealing with Indian Second of five articles lands, but the prevailing legal view is that non-Indian own m marily of non-Indians from ership of Indian land the not at Midlands and Western states fect the status of that land as who are fighting the extension part of the of Indian jurisdiction on reser vations. Next: What self-determina- In Nebraska, according to tion means. testimony at Senate hearings bya staff member of the Legis lature, land ownership on the Omaha and Winnebago Reser- vations in Thurston County breaks down like this: 4 per cent is owned by tribal govern- ments, 14 per cent is owned by persons of Indian descent, 82 per cent is owned by non-In- dians. Population estimates show that 69 per cent of the county's population is non-Indian, while 19 per cent are Omaha Indians and 12 per cent are Winne- bagos. The checkerhoard pattern of land ownership in Thurston County and Indian reservations in other states and even within some cities is the result of laws passed by Congress in the late 1800s and early 1900s. The Struggle Now: Self-Determination By Mary Kay Quinlan Indians view control of land nities on the details of jurisdic and people within their reser- tion in their areas, the Indian WORLD-HERALD BUREAU Washington - To the In- vations as a reasonable goal and their supporters said. dians, who are used to fighting that would eliminate much con- Chuck Trimble, executive d proverbial life and death fusion. rector of the national India struggles, the battle this time The Until recent years, when self- congress, said the current situ is over the right to govern their New Indian determination for Indians be- ation where some states mus own tribes, make their own came the nation's policy, many provide services on reserv mistakes, run their own lives. Battlegrounds attempts were made to termi- tions to people who don't pa That is the essence, they say, nate tribes and assimilate In taxes is unfair to the states.' of the nation's current Indian Third of Five Articles dians into non-Indian society. Indians believe their e: policy of self-determination, "The tenaciousness with emption from state taxes is or enunciated in 1970 by then- which Indians maintain their of the reasons county autho a special relationship between President Richard Nixon and identity must be pretty appar- ities either ignore Indian: Indians and the federal govern- needs for law enforcement 1 endorsed recently by President ment is something no other ml- ent by now," said Kirke Kick- Ford. ingbird, general counsel for the act brutally when they do com nority has, the Indians empha- The National Congress of review commission. to the Trimb size. In other words, they say un- Hope Policy Buried said. American Indians two years ago proposed repealing a law der the law Indians simply are Indians hope the old federal Ms. Harjo added that one e that gives Nebraska and some not just another ethnic group. policy of terminating tribes has son the non-Indians may n other states jurisdiction on In- been burled for good. want Indians to have jurisdi Nor are they an interest group, such as a property owners asso- But to effectively carry out tion over them is a "fear th dian reservations. Unique Proposal ciation, noted a staff member of self-determination, the Indians Indians will treat non-Indial The proposal is unique, the the American Indian Policy Re- need land they can control In- as bad as they (non-Indian Indian leaders say, because it is view Commission. That group dians and their supporters treated Indians. Practical Problems a major effort by Indians all was created by Congress to said, study the nation's Indian po- The non-Indians argue that Practical problems are mi over the country to reach con- sensus. licies and make recommenda- Indian control over them would ed with theoretical ones in tl The foundation of the propos- tions is Comm THE subject them to government Indians' fight for jurisdiction. But non-Indians generally which they couldn' partici- In some states, Ms. Har al, according to the Indian groups, is the right of tribes to don't understand that, accord- pate. The Indians reply that It said, putting Indian children non-Indian homes for fost be treated as governments. ing to the Indians. would be no different than for They emphasize that the Con- 'There's an incredible lack Americans who live in a föreign care is a worry. The Indians believe they a stitution recognizes that right of accurate legal and factual in- country. better able to decide what in its commerce clause That formation concerning the con- The smallness of some Indian best for the children than sta clause gives Congress the re- stitutional status of Indian tribes is also not a reason to sponsibility to "regulate com- tribes," said Paul Alexander, deny Indians the chance to welfare authorities merce with foreign nations, and staff member of a review com- choose state or federal jurisdic- Another major Indian CO mission task force studying iu tion, according to Indian 800- cern is the use of hatural : among the several states and ources on reservations with the Indian tribes. risdiction Issues. kesmen. From the earliest days, the erals water, timber Image of Savages Some Towns Tribes want to work on Indian leaders say, the tribes Suzan Harjo, m "No one would take away the source develop since have been recognized as dis- nications director for the na- right of Plains, Ga, to govern tinct political units. will help their local economic tional Indian congress, said In- itself," Ms. Harjo said, noting Indians' right to exercise sov- Trimble said. But they wa dians find it "very difficult to ereignty over their lands has that many towns have popula- more say on development or $ change' the fact that "running tions smaller than some Indian been upheld as a general legal right not to develop" If e through everybody's head is reservations. ploitation of the resources W principle since the early 1800s. that John Wayne movie with a Special Relationship As a practical matter, small destroy the tribes' ways of life those people are savages' im- Constitutional recognition of tribes probably would cooper- Court decisions in rece age. ate with states on many func- years have tended to uphold t tions of government and would Indians' jurisdiction claims. negotiate with local commu-> Next: Jurisdiction quarrels eur и LUSS UI nigns By Mary Kay Quinlan earned by Indians on the reser- vation. WORLD-HERALD BUREAU Washington - To the non-In- In a similar case, the court dians involved in the land juris- held that Minnesota did not diction issue, the merits of have the right to levy property their case are as clear as the taxes on an Indian's mobile lessons of 1776. home. They talk about government Some Nebraskans have in- with consent of the governed dicated they' annoyed that lo and no taxation without repre- cal services must be provided sentation. The resolutions they to people who aren taxed draft echo the Declaration of In- One of the major practical dependence. problems with Indian furisdic The debate has been per- tion, the non-Indians indicate, colating for years, but has be- comes from their suspicion that come especially intense since the Indians simply could not do Sen. Henry Jackson, D-Wash., the job. introduced a bill last summer One Nebraskan told Curtis by request of the National Con- there was a fear that the vita Jackson Curtis gress of American Indians functions of government (NCAI) that would repeal a law schools, law enforcement, fire giving Nebraska and other protection would fall apart states jurisdiction on Indian re- lawyer for the non-Indian "judicial chaos" because of the Indians were given those servations. group, said the non-Indians checkerboard land holdings. sponsibilities n part because The bill would allow the have been frustrated because He said the bill would create tribal governments often an tribes to decide whether they few Washington officials seem a 'law enforcement and court splitinto actions. want federal or state law en- willing to listen to the non-In- system in Indian country with- Roughshed forcement and whether they dians' views. out providing administrative Some non-Indians contend will exercise tribal jurisdiction The interstate organizational guidelines as well as criminal tribe's controlling faction ofter in civil and criminal matters as efforts began last February justice standards and goals runs roughshod over the right well. States would not have a with meeting in Salt Lake which must be complied with.' and interests of fellow trib veto over tribes' decisions. City, Utah. Opposes Bill members. Rights Upheld Transcripts from that meet- Rep. Charles Thone of Lincoln, Working with tribal govern A variety of court cases in re- ing and subsequent sessions whose congressional district in- ments, said the former Wyom cent years has upheld Indians' provided by Tobin, and Ne- cludes all the Nebrsaka reser- ing resident whose family. ha rights to enforce rules, such as braskans' letters to Curtis show vations, said he also opposes tried to do BO, "Ms like fightin their own reservation fishing recurring themes in the non-In- the bill because "It's so inher- an entrenched Tammany Hall and hunting regulations dians' arguments ently a matter for the state to It hardly comes close in being There are differences of opin- decide. government in our of th Ion on some details, but the Theory aside, practical prob- word. non-Indians basically would lems form a large part of the The problems are gettin prefer state furisdiction for ev- non-Indians' complaints. worse, not better, non- Indian eryone. At the very least, they It galls them, for example, to say don't want Indians to have au- see the amount of federal funds And, as one Nebraskan ske thority over non-Indians. spent on the Indian reserva Curtis: "How much more do R New Indian They say that if the tribes are tions for things like health serv- have to pay for the sins of ou given sole jurisdiction over the ices Indian education, job forefathers?' Battlegrounds people and land on Indian re- training and other devel- servations, which the tribes opment. Next: Jurisdiction di: Fourth of five articles want the non-Indians' con- Many of the non-Indians say agreements. stitutional rights to have a say the federal money, their tax against non-Indians as well r the form of government they dollars, is being spent on Indians. Tribes also have been live under will be destroyed. people who don't do anything to Increasingly aggressive in Constitutional Rights help themselves. trying to expand their land Constitutional rights, the But few of the non-Indians holdings or restore old reserva- non-Indians argue, must take suggest that Indians have a tion boundaries. precedence over Indian comfortable life. Sen. Carl Curtis has a file treaties, which came hundred In fact, said one Wyoming more than two inches thick of years after the Constitution: was man, who has tried to help his complaints from other states written. Indian neighbors develop busi- Indicates widespread concern One non-Indian living on a ness enterprises, the reserva- throughout the West. Nebraska reservation was so tion is "a rural ghetto where The jurisdictional conflict is concerned about the possible life for the Indian under the potentially "a more important impact of Indian jurisdiction BIA-tribal system, even with issue in the West than even that she asked Curtis if she was the expenditure of huge quan- 1056 energy development. said a still an American citizen. tities of money, is terrible. former Wyoming resident Another recurring argument Practical problems also stem whose family is involved in nu- is what the non-Indians view as from the immunity of reserva merous court cases over juris- the hypocrisy or one category or don Indians from state taxes. diction questions. Americans receiving favorable No Tax Power The pressure non-Indians feel treatment I, the expense of oth- The State of Nebraska has ju- because of the Indians' efforts ers. Equal treatment under the insdiction on reservations in to expand their jurisdiction has law is & constitutional right. Civil matters. But in a recent led non-Indian groups in a doz- out. case brought by Indians, the en Midlands and Western One non-Indian in the Inter- U.S. Supreme Court ruled that states, including Nebraska state group challenged the in the state did not have the power South Dakota and Wyoming, to consistency of spending money to Impose taxes on Income organize the Interstate Con- back East' to force school in gress for Equal Rights and Re tegration, when "out here" the sponsibilities. push is for segregation. 3,000 Members Curtis has told Nebraskans The South Dakota chapter re- who have written to him that he ports a membership of 3,000 thinks the proposal to eliminate persons. state jurisdiction us a bad Tom Tobin, a Winner, S.D., bill" and that it would lead to Land could be consolidated by purchasing it from non-In- By Mary Kay Quinlan dians, which some tribes are al- WORLD-HERALD BUREAU. ready doing, and even by con- Washington - The con- demnation under the federal troversy over Indian jurisdic- government's power of eminent tion "is one of the more impor- domain, they said. _tant issues related to Indian af- But executive branch offi- fairs in this country today," cials and congressional staff said Dennis Ickes, deputy un- members working on the prob- dersecretary of the Interior De- lem say that isn't reasonable. partment. "Everybody's con- "We can't move in a direction fused about it. The tribes, the that's going to dispossess states, everybody," said Ickes, people of their property," a BIA a native of Page, Neb. official said. "Property rights Ickes and others in the Interi- are very sacred in this count- or Department, the Bureau of ry." Indian Affairs (BIA), Congress and the Indian and non-Indian Two Sides communities are unanimous in viewing the problem as impor- No matter how solid the In- tant. dians' legal arguments for But there's far less agree- their rights to exert authority Thone ment on how to solve it. on the reservations, the non-In- To the Indians and some of dians, too, are on solid legal "Most people (in Congress) their non-Indian supporters, ground in their arguments for a are not really concerned about the simple solution would be right to have a voice in the gov- Indian issues and I don't think erning process they live under, they ever will be," said Sen. the government officials said. James Abourezk, D-S.D., "After all, that's what the chairman of the Senate Indian Revolution was all about," one affairs subcommittee. said. Unilke some others, Thone The On the other hand, he said, and Abourezk said the solutions New Indian to the Indian jurisdiction prob- "there's some merit" to the In- lems will require continued Battlegrounds dians' jurisdictional claims be- court action no matter what cause of their special relation- happens in Congress. Last of Five Articles. ship with the federal govern- "A lot of it will have to be ad- ment. judicated," Thone said. "It's complete Indian jurisdiction Tom Tobin, a Winner, S.D., just S0 complex with all these over all land and people within lawyer for a group of non-In- treaties. There's no way you the reservation boundaries, a dians trying to make their can legislate out of this mo- solution non-Indians won't ac- views known, said the problem rass." dept. is one that should be solved by "In the final analysis," Abou- And to non-Indians, the Congress, not by the courts, rezk said, "Congress will have simple solution would be com- where most of the jurisdiction to act to iron out the political plete state jurisdiction, which issues are being debated. problems." the Indians won't accept. But congressional action means tough political deci- Hearing to Preface How? sions. Chuck Trimbie, NCAI execu- Farmland Squabble So the problem becomes how tive director, said he believes A pre-trial hearing Aug. 6 in to give the tribal governments the next session of Congress Sioux City will preface a legal their rightful jurisdiction on re- will pass the organization's battle for the ownership of servations and at the same time bill, or one like it, that would more than 11,000 acres of Mo- protect the constitutional rights repeal state jurisdiction. nona County, Iowa, farmland. of non-Indian citizens, several Forrest Gerard, a Senate In- Indians from the Omaha re- federal officials said. terior Committee staff mem- servation in Macy, Neb. moved The Interior Department and ber, said that's a reasonable onto some of the land and have Justice Department are on possibility if the Indian com- been farming portions since record supporting the intent of munity can appeal to civil liber- April, 1975. A Department of the National Congress of Amer- tarian groups and church Justice injunction prevented an ican Indians' (NCAI) proposal groups for support. Iowa district court from mov- that sets procedures for tribes The non-Indians are aware of ing them from the land. in Nebraska and certain other the political aspect of the prob- states to reacquire jurisdiction lem, too. The trial will be held in Sioux that the states now exercise Several persons attending an City federal court. Court offi- over civil and criminal mat- organizational meeting last cials indicated it would begin Mers. February of the Interstate Con- some time this fall. But a draft proposal of an In- gress on Equal Rights and Re- The Indians claim the land is terior Department bill states sponsibilities noted that non-In- part of an Omaha reservation that the legislation "is not in- dian landowners should push created in 1854 on the Nebraska tended to address the question their congressmen and make of whether tribal courts may jurisdiction matters an issue in side of the river. A flood in the exercise criminal jurisdiction campaigns. 1920's changed the course of the over non-Indians accused of Missouri and the disputed committing crimes in Indian 'Parochial' acres have since been on the territory." Iowa side. Some Indians outside govern- Indian issues don't get much ment and their supporters sug- attention in Congress because gest that the jurisdictional con- they are "so parochial in na- Iowa farmers and other non- flicts would be eliminated if the ture" and affect SO few con- Indians holding title claim non-Indians would just leave gressmen, said Rep. Charles their rights stem from ab- the reservations. Thone of Lincoln. stracts drawn up in the first Iowa survey in 1846. August 30, 1976 Dear Mr. and Mrs. Huff: Thank you for your letter to the President expressing concern about his jurisdictional statement to American Indian leaders on July 16. It has been erroneously reported that President Ford supports legislation to give tribal governments criminal and civil jurisdiction over all people living on Indian reservations. This is inaccurate. The President does not support legislation to alter the present legal status of non-Indians residing within reservation boundaries. In his statement to Indian leaders on July 16, President Ford indicated that he supported the concept of allowing certain Indian tribes (those which have been subject to State civil and criminal jurisdiction under provisions of Public Law 83-280 and related statutes) to decide by tribal resolution whether they wish to continue under State jurisdiction or return to Federal jurisdictional status. This resolution is subject to the approval or disapproval of the Secretary of the Interior under a clear set of reasonable guidelines. Under this concept, a tribe by itself could initiate a request to the Secretary of the Interior for a return to Federal jurisdictional status. In reaching his decision on this request, the Secretary of the Interior would be required to consult with the U.S. Attorney General and with the governors of the appropriate States. Application would be limited to tribes in States which have exercised jurisdiction under P.L. 83-280 and related statutes. The Departments of Justice and Interior are drafting legislation on this subject, and the Administration has asked the governors of 31 States for their views on the draft legislation. It is the President's 2 intention to continue consultations on the draft and to expand those consultations to include a wide range of interested groups, including representatives of non-Indians residing within reservation boundaries. Sincerely, Bradley H. Patterson, Jr. Mr. and Mrs. Noel Huff Box 385 Walthill, Nebraska 68067 BHP:lrc BHP-2 FORD in 079M LIBRARY Walthill, Nebraska July 26, 1976 President Gerald Ford Washington, D.C. DP Honorable President: Our names are Noel Huff and Agnes Huff. We are writing about your proposal relative to self-determination for Indians. Our families came to Thurston County in 1910 and 1912 respectively. We were raised in this county, attended schools here, and worked the land that was bought by Non-Indians with their hard earned cash. We now own our home in Walthill on the Omaha Reservation which we purchased with our hard earned cash. We are law abiding citizens who pay taxes on our property for the upkeep of our town, school, and roads for the benefit of all including the Indians. Why will you propose a new law which you and the tribal leaders will "write together" that will give the Indians jurisdiction over criminal and civil cases "within adequate guidelines" over Non-Indians? Do you understand that they already have jurisdiction over their own arrests on this and the adjoining Winnebago Reservation? You want them to be granted jurisdiction over criminal and civil cases of Non-Indians as well? How would your "adequate guidelines" be determined? Are your wordly possessions a part of an Indian Reservation? If so or not, would you condone any group who wished to have the right to handle you and your possessions and eventually subdivide your state? We sincerely hope that you will reconsider your intent on this matter and also do all you can to abolish the Retrocession Measure-2010. which would deprive us of our rights as citizens of Walthill, of Thurston County, and of Nebraska. Thank you for reading this. Sincerely, noel Huff FORD i LIBRARY GERALD agnes Huff PROCLAIM LIBERTY Noel and Agnes Huff POSTAL TAL 28 SERVICE TAB SERVICE NEG80 -USA13c Box 385 Walthill, Nebraska 68067 THROUGHOUT THROU UGHOUT THE LAND 1476 UGHOUTALLTHE LAND President Gerald Ford United States President white House Washington, D. C. August 30, 1976 Dear Mr. and Mrs. Detry: Thank you for your letter to the President expressing concern about his jurisdictional statement to American Indian leaders on July 16. It has been erroneously reported that President Ford supports legislation to give tribal governments criminal and civil jurisdiction over all people living on Indian reservations. This is inaccurate. The President does not support legislation to alter the present legal status of non-Indians residing within reservation boundaries. In his statement to Indian leaders on July 16, President Ford indicated that he supported the concept of allowing certain Indian tribes (those which have been subject to State civil and criminal jurisdiction under provisions of Public Law 83-280 and related statutes) to decide by tribal resolution whether they wish to continue under State jurisdiction or return to Federal jurisdictional status. This resolution is subject to the approval or disapproval of the Secretary of the Interior under a clear set of reasonable guidelines. Under this concept, a tribe by itself could initiate a request to the Secretary of the Interior for a return to Federal jurisdictional status. In reaching his decision on this request, the Secretary of the Interior would be required to consult with the U.S. Attorney General and with the governors of the appropriate States. Application would be limited to tribes in States which have exercised jurisdiction under P.L. 83-280 and related statutes. The Departments of Justice and Interior are drafting legislation on this subject, and the Administration has asked the governors of 31 States for their views on the draft legislation. It is the President's 2 intention to continue consultations on the draft and to expand those consultations to include a wide range of interested groups, including representatives of non-Indians residing within reservation boundaries. Sincerely, Bradley H. Patterson, Jr. Mr. and Mrs. Norman L. Detry Route 5 Hayward, Wisconsin 54843 BHP:lrc BHP-2 FORD i LIBRARY GERALD Mr. & Mrs Norman L. Detry R. 5, Hayward, Wisconsin 54843 MAYWARD' JUL IM 13 1976 54843 The President, Gerald S. Ford The White House, 1600 Pennsylvania Ave., Washington, D.C. 20013 Con P's statement to Indians 7-16 two Unexpected Votes for Carter so New Tribal Power Asked Washington, D.C. - -AP- President Ford told Indian leaders Friday that he soon would seek a law that could give tribal governments criminal and civil jurisdiction over persons living on Indian reservations. Addressing about 200 American Indians leaders in the East Room, Ford said the legislation now being drafted would let the tribes determine whether they wanted to share jurisdiction with state or federal authorities or handle such matters themselves. Some Indian leaders said in advance of the session that they suspected the president might be trying to use them for. political purposes, since the White House had invited them to wear traditional native costumes to the affair. Few of the Indians wore native garb, but Ford's speech seemed well received. Mr. President; And I can safely say, the above news print has cost you AJLEAST, 8000 votes in Scowyer County, alone, and belive me, this is such Republican country, a Democrat does not even bother to rate run for any office in this County But when a President, who is suppose to represent ALL of The Peolpe, can come out for one Group and be so biased, then I really don't care who gets in, as long as it is not this President. I only hope this News reached every paper in the United States, because there are so many States that are affected by its And believe me, this News item Will Sure Affect You !!!! I do believe, it is time Our Government takes a long hard look at it's Jax Payers, and how our nights are being violated. Sincerely, hrs. of mrs harman L. Detry Mr. & Mrs Norman L. Detry August 30, 1976 Dear Miss McCleary: Thank you for your letter to the President expressing concern about his jurisdictional statement to American Indian leaders on July 16. It has been erroneously reported that President Ford supports legislation to give tribal governments criminal and civil jurisdiction over all people living on Indian reservations. This is inaccurate. The President does not support legislation to alter the present legal status of non-Indians residing within reservation boundaries. In his statement to Indian leaders on July 16, President Ford indicated that he supported the concept of allowing certain Indian tribes (those which have been subject to State civil and criminal jurisdiction under provisions of Public Law 83-280 and related statutes) to decide by tribal resolution whether they wish to continue under State jurisdiction or return to Federal jurisdictional status. This resolution is subject to the approval or disapproval of the Secretary of the Interior under a clear set of reasonable guidelines. Under this concept, a tribe by itself could initiate a request to the Secretary of the Interior for a return to Federal jurisdictional status. In reaching his decision on this request, the Secretary of the Interior would be required to consult with the U.S. Attorney General and with the governors of the appropriate States. Application would be limited to tribes in States which have exercised jurisdiction under P.L. 83-280 and related statutes. The Departments of Justice and Interior are drafting legislation on this subject, and the Administration has asked the governors of 31 States for their views on the draft legislation. It is the President's BERALD FORM 2 intention to continue consultations on the draft and to expand those consultations to include a wide range of interested groups, including representatives of non-Indians residing within reservation boundaries. Sincerely, Bradley H. Patterson, Jr. Miss Edythe T. McCleary Vice Chairman Big Horn County Republican Central Committee Box 317 Hardin, Montana 59034 BHP:lrc BHP-2 FORD i LIBRARY 638470 fronting Box 317 Hardin, Mt. 59034 Dear President Ford: How would you react, I wonder, if the Blacks in Washington, D.C., were told that they could be solely responsible for law and order within that area, and that any other citizen of the U.S. or elsewhere when living there or passing through would be strictly under their jurisdiction, could be tried and sentenced and punished accordingly, without any recourse? Do you have any idea what your statement to the American Indians whom you invited to visit the Capitol (at taxpayer expense, I am sure), that they should have full control over c/s2 law and order within their reservations, could mean to the other citizens of this country? It would mean that anyone driving across the reservation on county or state or federal roads would be at the complete mercy of the Tribe involved. It would mean that even a person who owns deeded land on the reservation, which person might be of any race, would not be safe in their own home on that land. Do you have any idea what such an arrangement would do to the already-touchy relationship between the races in the areas involved? And don't ask our Senators and Representatives from Montana what the situation is like or what they think of your promise to the Indians. They are much too anxious to please the Indian voter to even look at the situation, let alone see it. I invite you to visit Hardin, Montana, to see first-hand what kind of position a rancher on the reservation would be in if your promise is carried out. Or a citizen who has to drive through the reservation to get somewhere else. But since you probably do not have time to pay such a visit, perhaps you will at least read my letter and give it some thought. Sincerely yours, Edith T. a.Melleary Vice Edythe McCleary, Chairman Big Horn Co. Republican Central Com. CC: Congressman John Melcher Senator Mike Mansfield Senator Lee Metcalf Box 317 Hardin, Mt. 59034 Inited States 13e- President Jerry Ford White House Washington, D.C. August 30, 1976 Dear Mr. Frazey: Thank you for your letter to the President expressing concern about his jurisdictional statement to American Indian leaders on July 16. It has been erroneously reported that President Ford supports legislation to give tribal governments criminal and civil jurisdiction over all people living on Indian reservations. This is inaccurate. The President does not support legislation to alter the present legal status of non-Indians residing within reservation boundaries. In his statement to Indian leaders on July 16, President Ford indicated that he supported the concept of allowing certain Indian tribes (those which have been subject to State civil and criminal jurisdiction under provisions of Public Law 83-280 and related statutes) to decide by tribal resolution whether they wish to continue under State jurisdiction or return to Federal jurisdictional status. This resolution is subject to the approval or disapproval of the Secretary of the Interior under a clear set of reasonable guidelines. Under this concept, a tribe by itself could initiate a request to the Secretary of the Interior for a return to Federal jurisdictional status. In reaching his decision on this request, the Secretary of the Interior would be required to consult with the U.S. Attorney General and with the governors of the appropriate States. Application would be limited to tribes in States which have exercised jurisdiction under P.L. 83-280 and related statutes. The Departments of Justice and Interior are drafting legislation on this subject, and the Administration has asked the governors of 31 States for their views on the draft legislation. It is the President's 2 intention to continue consultations on the draft and to expand those consultations to include a wide range of interested groups, including representatives of non-Indians residing within reservation boundaries. Sincerely, Bradley H. Patterson, Jr. Mr. Cloyd Frasey Rural Route 1 Walthill, Nebraska 68067 BHP:lrc BHP-2 GERALD FORD i LIBRARY comt Bres meeting re: w/ Frazey # 1 Halthil, nebr DP Dorald Ford July 28-1976 President of the U.S. Dear Sir am terribly disturbed about the report in the (I quote) President Ford told Indian Sioux City Journal dated July 17-76 leaders he soon will seek a new law that could give tribal goo- ernment Criminal and Civil jurisdiction over people living on Indian resultation (unguate) am disturbed because when there is about one third reservation that are Indians, no of the people in the county or one living here or away from here knows what will happen to our government If these people want the responsibility of Criminal and Curl jurisdiction on the Winnebago reservation in Thurston County of nebraska or any other reservation in any other state, they should get it through the same chances of under, and that is through government that we all live state and County government This is the only way it would be right and just and fair for every body and by our Constitution of U.S.A. This is certainly not the we It time to be segregating when isn't the alone that know, because we have lived are causing this problem, we on the reservition since Wored thar I. Sincerely yours Chayd Fragey Cloyd Frazey PROCLAIM.LIBERTy natchiel, R.R#1 nebe. 68067 ZIP COTA KNROUGHOUT OUGHOUT ALLTHE LAND President Gerald Ford White House Washington, DC 20 20000 August 30, 1976 Dear Mr. Dodge: Thank you for your letter to the President expressing concern about his jurisdictional statement to American Indian leaders on July 16. It has been erroneously reported that President Ford supports legislation to give tribal governments criminal and civil jurisdiction over all people living on Indian reservations. This is inaccurate. The President does not support legislation to alter the present legal status of non-Indians residing within reservation boundaries. In his statement to Indian leaders on July 16, President Ford indicated that he supported the concept of allowing certain Indian tribes (those which have been subject to State civil and criminal jurisdiction under provisions of Public Law 83-280 and related statutes) to decide by tribal resolution whether they wish to continue under State jurisdiction or return to Federal jurisdictional status. This resolution is subject to the approval or disapproval of the Secretary of the Interior under a clear set of reasonable guidelines. Under this concept, a tribe by itself could initiate a request to the Secretary of the Interior for a return to Federal jurisdictional status. In reaching his decision on this request, the Secretary of the Interior would be required to consult with the U.S. Attorney General and with the governors of the appropriate States. Application would be limited to tribes in States which have exercised jurisdiction under P.L. 83-280 and related statutes. The Departments of Justice and Interior are drafting legislation on this subject, and the Administration has asked the governors of 31 States for their views on the draft legislation. It is the President's FORD i LIBRARY GERALD 2 intention to continue consultations on the draft and to expand those consultations to include a wide range of interested groups, including representatives of non-Indians residing within reservation boundaries. Sincerely, Bradley H. Patterson, Jr. Mr. Robert S. Dodge Apartment 202 2319 South Goebbert Road Arlington Heights, Illinois 60005 BHP:lrc BHP-2 LISA GERALD R. FORD Con P's statemen to Indians 7-16 m. Robert A. Dodge 2319 S. Goebbert Road, apt#202 arlengton Heights, see. 60005 July 26, 1976 DP Dear mr. President enel The enclosed news clipping raises some quistime d am certain you can answer. with the ethnic group known as american Indians be giving an option to epercise criminal and civil jurisdiction free of state and federal law, I surpose that their epercise of this jurisdiction will stop the use of state and federal tay dollars from the re- maining U.S. citizens in their support. under be offered to other ethnic groups such as will this escape from the laws that we all suffer Europeans, africans, South americans, etc? Quite frankly the more pronouncements you dictin away, possisions and jurisdictions that our make about giving american posessions and junis - forefathers fought and died for, the more attractive the candidicy of Gevernor Reagan becomes. In fact, all my many relatives and priends are looking fouard to a new occupant in the White house comes Janurary 1977. an occupant who did under President Sincolon. will fight to preserve this Umin as our forefathers Very trully yours, & Robert S. Dodge FORD Indians to get new rights WASHINGTON-President Ford told Indian leaders he soon will seek,a law to give tribal governments crimi- nal and civil jurisdiction over people living on Indian reservations. Addressing about 200 American Indians leaders in the East Room of the White House, Ford said the legislation being drafted would let the tribes determine whether they wanted to share jurisdiction with state or federal authorities or handle such mat- ters themselves "effectively and within adequate guidelines - mr. Robert S. Dodge SUBURBA - - STATE arlengton Heights, sex: 60005 1976 2319 S. Goeffert Rd, uptrus < INSTRUCT 60 JULY4176 111111 - President G. Ford White House Washington, N.C. August 30, 1976 Dear Miss Cochrane: s Thank you for your letter to the President expressing concern about his jurisdictional statement to American Indian leaders on July 16. .It has been erroneously reported that President Ford supports legislation to give tribal governments criminal and civil jurisdiction over all people living on Indian reservations. This is inaccurate. The President does not support legislation to alter the present legal status of non-Indians residing within reservation boundaries. In his statement to Indian leaders on July 16, President Ford indicated that he supported the concept of allowing certain Indian tribes (those which have been subject to State civil and criminal jurisdiction under provisions of Public Law 83-280 and related statutes) to decide by tribal resolution whether they wish to continue under State jurisdiction or return to Federal jurisdictional status. This resolution is subject to the approval or disapproval of the Secretary of the Interior under a clear set of reasonable guidelines. Under this concept, a tribe by itself could initiate a request to the Secretary of the Interior for a return to Federal jurisdictional status. In reaching his decision on this request, the Secretary of the Interior would be required to consult with the U.S. Attorney General and with the governors of the appropriate States. Application would be limited to tribes in States which have exercised jurisdiction under P.L. 83-280 and related statutes. The Departments of Justice and Interior are drafting legislation on this subject, and the Administration has asked the governors of 31 States for their views on the draft legislation. It is the President's 2 intention to continue consultations on the draft and to expand those consultations to include a wide range of interested groups, including representatives of non-Indians residing within reservation boundaries. Sincerely, Bradley H. Patterson, Jr. Miss Lucy Cochrane Post Office Box 447 Big Arm, Montana 59910 BHP:lrc BHP-2 FORD & LIBRA 074839 50 P.O. Box 447 President Ford Big arm, mont. 59910 July 20, 1976 The white House Washington, DC. Dear President Ford, CS-2pur statement to the 200 Indians that they would have legication giving them jurisdiction over people living on reservations is turning off voters who really wanted to support you 1 like myself- and Indians. will affect for more voters than there are Here on the Flathead Indian Reservation where 85% of the population is non- Indian, such action will cause more polarization and could lead to outright trouble. d have family relatives on the Tribal rolls here and they, like some 75% of this Tribe, have less than 1/3 Indian blood. I call them "blonds, blose-eyed, two-drop Indians' as they have more Drish blood than I do, whose grest-groudmother's name was Briget Kelly. yet they have all the rights of the full bloods. and we didn't take this land from the Indians. Congress invited us here to buy the Villa sites and to homestead and develop irrigation for the and land, so Indians could enjoy the frints of our fore father' labor. Please put some common sense into this present Federal Indian policy before our life savings are all gone in supporting these Indians, few of whom need any help now. BERALD FORD LIBRATA Sincerely, Lucy Cochrane Larey Cochrane Bax 447 FRANCIS Big arm, mont. 59910 BIG U.S.Postage 10c 1976 39910 President Ford The White House Washington, D.C. August 30, 1976 Dear Mrs. Sievers: Thank you for your letter to the President expressing concern about his jurisdictional statement to American Indian leaders on July 16. It has been erroneously reported that President Ford supports legislation to give tribal governments criminal and civil jurisdiction over all people living on Indian reservations. This is inaccurate. The President does not support legislation to alter the present legal status of non-Indians residing within reservation boundaries. In his statement to Indian leaders on July 16, President Ford indicated that he supported the concept of allowing certain Indian tribes (those which have been subject to State civil and criminal jurisdiction under provisions of Public Law 83-280 and related statutes) to decide by tribal resolution whether they wish to continue under State jurisdiction or return to Federal jurisdictional status. This resolution is subject to the approval or disapproval of the Secretary of the Interior under a clear set of reasonable guidelines. Under this concept, a tribe by itself could initiate a request to the Secretary of the Interior for a return to Federal jurisdictional status. In reaching his decision on this request, the Secretary of the Interior would be required to consult with the U.S. Attorney General and with the governors of the appropriate States. Application would be limited to tribes in States which have exercised jurisdiction under P.L. 83-280 and related statutes. The Departments of Justice and Interior are drafting legislation on this subject, and the Administration has asked the governors of 31 States for their views on the draft legislation. It is the President's 2 intention to continue consultations on the draft and to expand those consultations to include a wide range of interested groups, including representatives of non-Indians residing within reservation boundaries. Sincerely, Bradley H. Patterson, Jr. Mrs. E. R. Sievers Skidoo Lane East Shore Polson, Montana 59860 BHP:lrc BHP-2 FORD & LIBRA 076839 Con P's statement to Indians 7-16 28 Hon, Gerald Ford, July 26, 1976 President of The united States, Washington, D.C. DP Mr. President: a news items in the Flathousl Correries" of July 22, 1976 stated. "The national wire service last week reported ileat President Ford told seek Indian leaders Friday he would soon governments criminal and Burl jnvisdistion a law that could give tribal over people living on Indian reservations ton reservation are the 85% Hatherd of population residing within It is our the understanding that about of the our opinion it is unifust now that Indian over the population should have fundiction 15% The writers, other are 85%. retired many here, including useans, their who have se people substantial of woderate the abouts We, as well as their most of here of serving invested in portion homes. are other non Indians of this area, possibility of the bind of action very concerned regarding the referred to above. aur home was 2 If civil Indians are given oriminal and purchased in the good faith over 25 years ago. furisdiction over this area it would adversely would affect living conditions. that in term cause a declive inc property would values. Probably many of us location. property here and move to another of our find it necessary to dispose here policies. been supporters of your have We and many of our neighbors regarding Indian jurisdiction in this If the action contemplated area is implemented we willfeel it necessary to readses our future political support. Sincerely, E.R. Sievers Mrs, E.R. Siever FORD & LIBRARY SERALD PROCLAIM LIBERTY E. R. Sievers USA13c East Shore Polson, Mont. 59860 POLSON.21 JUL 1976 27 THROUGHOUT THROUGHOUTALLTHELAND - PM 59860 Honorable Gerald Food, President of The United States, Washington D.C. August 30, 1976 Dear Miss Brasch: Thank you for your letter to the President expressing concern about his jurisdictional statement to American Indian leaders on July 16. It has been erroneously reported that President Ford supports legislation to give tribal governments criminal and civil jurisdiction over all people living on Indian reservations. This is inaccurate. The President does not support legislation to alter the present legal status of non-Indians residing within reservation boundaries. In his statement to Indian leaders on July 16, President Ford indicated that he supported the concept of allowing certain Indian tribes (those which have been subject to State civil and criminal jurisdiction under provisions of Public Law 83-280 and related statutes) to decide by tribal resolution whether they wish to continue under State jurisdiction or return to Federal jurisdictional status. This resolution is subject to the approval or disapproval of the Secretary of the Interior under a clear set of reasonable guidelines. Under this concept, a tribe by itself could initiate a request to the Secretary of the Interior for a return to Federal jurisdictional status. In reaching his decision on this request, the Secretary of the Interior would be required to consult with the U.S. Attorney General and with the governors of the appropriate States. Application would be limited to tribes in States which have exercised jurisdiction under P.L. 83-280 and related statutes. The Departments of Justice and Interior are drafting legislation on this subject, and the Administration has asked the governors of 31 States for their views on the draft legislation. It is the President's 2 intention to continue consultations on the draft and to expand those consultations to include a wide range of interested groups, including representatives of non-Indians residing within reservation boundaries. Sincerely, Bradley H. Patterson, Jr. Miss Shirley Brasch Box 206 Bancroft, Nebraska 68004 BHP:lrc BHP-2 GERALD R. FORD FORD audiene & GERALD LIBRARY July 26, 1976 SUBJECT: CONCERNING STATEMENT TO 200 INDIAN LEADERS JULY 16, 1976, THAT YOU WILL SEEK A NEW c/5-s LAW THAT COULD GIVE TRIBAL GOVERNMENTS CRIMINAL & CIVIL JURISDICTION OVER PEOPLE LIVING ON INDIAN RESERVATIONS: Dear President Ford: I am a Non-Indian living on what is considered the Omaha reservation of Thurston County, Nebr. The land I live on once belonged to the Indians which was alloted to them in 1882. They died and it went into Estate and was sold off to Non-Indians in 1909 by the heirs after going through court & all legal channels according to Federal Regulations. Some of this reservation was also opened up for Homesteading by the Federal Government. Now the people of this area are faced with the threat hanging over there heads of loosing everything including there voice in the government that governs them through legislation. You owe me the right to vote on who governs me to or have you forgotten. The Majority, working, tax paying people seem to be the forgotten. I object to having my State subdivided without it's consent and all the other ramifications this type of legislation will do to me and our people. If you really want to know how upset the Non- Indian (majority people) living here are about this I would like to request that you come to Thurston County and have an Audience with our people and hear the other side of the story. All you have to do is let me know when you want to meet with the people and I will arrange for facilities to accomodate the people of this county. Awaiting you reply. My phone No. is 402-863-2581 or my address is. Shirley Brasch Box 206 Bancroft, Rebs. 68004 Box 206 PROCLAIM LIBERTY USA 13c Bancroft, Nebr. 68004 THROUGHOUT UGHOUT BANCKOFT NE PM ALLTHE LAND 1976 68004 President Ford WHITE HOUSE Washington D. C. 20510 August 30, 1976 Dear Mr. and Mrs. Reynolds: Thank you for your letter to the President expressing concern about his jurisdictional statement to American Indian leaders on July 16. ,It has been erroneously reported that President Ford supports legislation to give tribal governments criminal and civil jurisdiction over all people living on Indian reservations. This is inaccurate. The President does not support legislation to alter the present legal status of non-Indians residing within reservation boundaries. In his statement to Indian leaders on July 16, President Ford indicated that he supported the concept of allowing certain Indian tribes (those which have been subject to State civil and criminal jurisdiction under provisions of Public Law 83-280 and related statutes) to decide by tribal resolution whether they wish to continue under State jurisdiction or return to Federal jurisdictional status. This resolution is subject to the approval or disapproval of the Secretary of the Interior under a clear set of reasonable guidelines. Under this concept, a tribe by itself could initiate a request to the Secretary of the Interior for a return to Federal jurisdictional status. In reaching his decision on this request, the Secretary of the Interior would be required to consult with the U.S. Attorney General and with the governors of the appropriate States. Application would be limited to tribes in States which have exercised jurisdiction under P.L. 83-280 and related statutes. The Departments of Justice and Interior are drafting legislation on this subject, and the Administration has asked the governors of 31 States for their views on the draft legislation. It is the President's 2 intention to continue consultations on the draft and to expand those consultations to include a wide range of interested groups, including representatives of non-Indians residing within reservation boundaries. Sincerely, Bradley H. Patterson, Jr. Mr. and Mrs. James B. Reynolds Box 123 Walthill, Nebraska 68067 BHP:lrc BHP-2 FORD i LIBRARY GERALD Con P's statement to Indians 7-16 9 Walthill, Nebraska DP July 22, 1976 The Honorable Gerald T. Ford President of the United States The White House Washington, D. C. 20500 My Dear President Ford: Our names are James B. & Kathryn F. Reynolds of Walthill, Nebraska. I am the Manager of the Iowa Electric Light & Power Company (Gas Division) in Walthill, Nebraska, and my wife works for USDA - Soil Conservation Service in Walthill, Nebraska. We are land and home owneres in Thurston County and we are very concerned about the situation in Thurston county with the Omaha and Winnebago Tribes. We have been born and reared in this community and have lived with the members of these tribes since our birth, and have some very good working relations with them. Regret that you had to issue such a statement on Friday, 7/16/76 to the group of Indian leaders that you met with on said date. This will have a great affect on your election year and you have not gained any votes in this area by such an issue. Watch your new chapters you propose to write on the issue with the Indian and the Federal Government. We are tax paying citizens. Our land was purchased from the Pilcher Family in 1916 and paid for in cash. We have a fee patent on said abstract to prove such. Now, how do you propose to give the reservation back to the Indians in Thurston County. They have been paid for every acre of land, supported by the U. S. Government on our tax monies, and protected by the Supreme Courts in every ruling and used lawyers that our also paid for with our money. We strongly protest any of your self-determination" actions on the grounds that you have forgotten your obligations to us. Our state can't be sub-divided with- out the consent of the State. You owe us the right as to who governs us, and we abide by the laws of our conty, state and country. We pay TAXES FOR THE PRIVILEGES WE RECEIVE, and can you say that for the Tribes in Thurston County. They are free of sales tax, State Income tax and others, but enjoy all the same rights that we pay so dearly for. Mr. President - give this situation some thought - listen to our Senators and Representatives that have been in Thurston County, and hear our Governor from Nebraska when he tells you like it is with the Indians and the problems of re- trocession and your free programs on Minority and employment in Nebrakks. Thank you for reading this and trust that you will hear our side of the situation and act accordingly. Sincerely James CC: To Senators and Representatives -1st Dist. Kathryn J.Raynalds MR & MRS JB REYNOLDS WALTHILL ASHINGTOM PM 0200 200 LIBERTY NEBR SMALL BUSIN USA 68067 Box 123 200 24 JUL BUILDING NE 1976 Office of the President President Ford White House Washington, D. C. 20510 August 30, 1976 Dear Mr. Rockwell: Thank you for your letter to the President expressing concern about his jurisdictional statement to American Indian leaders on July 16. It has been erroneously reported that President Ford supports legislation to give tribal governments criminal and civil jurisdiction over all people living on Indian reservations. This is inaccurate. The President does not support legislation to alter the present legal status of non-Indians residing within reservation boundaries. In his statement to Indian leaders on July 16, President Ford indicated that he supported the concept of allowing certain Indian tribes (those which have been subject to State civil and criminal jurisdiction under provisions of Public Law 83-280 and related statutes) to decide by tribal resolution whether they wish to continue under State jurisdiction or return to Federal jurisdictional status. This resolution is subject to the approval or disapproval of the Secretary of the Interior under a clear set of reasonable guidelines. Under this concept, a tribe by itself could initiate a request to the Secretary of the Interior for a return to Federal jurisdictional status. In reaching his decision on this request, the Secretary of the Interior would be required to consult with the U.S. Attorney General and with the governors of the appropriate States. Application would be limited to tribes in States which have exercised jurisdiction under P.L. 83-280 and related statutes. The Departments of Justice and Interior are drafting legislation on this subject, and the Administration has asked the governors of 31 States for their views on the draft legislation. It is the President's 2 intention to continue consultations on the draft and to expand those consultations to include a wide range of interested groups, including representatives of non-Indians residing within reservation boundaries. Sincerely, Bradley H. Patterson, Jr. Mr. F. Wayne Rockwell President Montanan's Opposing Discrimination Post Office Box 673 Polson, Montana 59860 BHP:lrc BHP-2 FORD i LIBRARY GREATO 78 M.O.D. Montanans Opposing Discrimination 20 July 1976 President Gerald Ford The White House Washington, D.C. Dear President Ford: The undersigned has been directed to write you on behalf of Montanan's Opposing Discrimination protesting your decision to seek a law giving Tribal Governments civil and criminal jurisdiction over people living on Indian Reservations. Briefly, Montanan's Opposing Discrimination was organized two years ago to protect the increasing encroachments of their constitutional rights by implementation of the present Federal Indian Policy. It consists of some 2,500 members living on or near the Flathead Indian Reservation in Montana. It has recently affilliated with the Inter- state Congress for Equal Rights and Responsibilities. The latter is a regional coalition of similar organizations situated in 14 other Western States. While the provisions of your proposed legislation may be extremely beneficial and necessary on some Reservations, its effect on the Flat- head Reservation spell disaster. Therefore, we believe that laws pertaining to Indian policy should be enacted on a case by case basis to fit the particular Reservation affected. As it relates to the Flathead Reservation, the present Federal Indian policy has done precisely what law is usually intended to prevent. It has resulted in the polarization of the Reservation population. It has arbitrarily created two distinct classes of citizenship with dis- tinct and opposing governments, (and, in most instances, opposing goals and philosophies), each competing for dominance within the iden- tical territorial area. It has pitted neighbor against neighbor, a- lienating lifetime friendships. Indeed, even families are being torn apart by their members' allegiances to the respective competing govern- ments. GERALD FORD Montanans Opposing Discrimination is dedicated to the end that no federal, state or local government shall make any distinction in civil or political rights on account of race, color or national oirgin President Gerald Ford Page 2 20 July 1976 The Reservation is scarred by unsolved legal matters. American citizens, Tribal members and non-members alike, are being flagrantly denied basic constitutional rights. Discrimination, once almost eliminated is again running rampant. Non-members are not alien intruders or trespassers. On the contrary, they are the dispensable pawns of their Federal Government; now being sacrificed despite the fact that they were invited, indeed urged, to settle, improve and make productive the idle lands of the Reservation. They appear to be the victims of what now seem to be their Federal congressional, administrative and judicial departments of government fraudulent representations that the lands they were settling and mi- grating to were within the "former" Flathead Indian Reservation. The number of the victims of this patent fraud is demonstrated by the non-member resident population of approximately 14,000 compared with the some 2,500 Tribal member population. Some sixty years ago these settlers in reliance upon Federal repre- sentations and under the direct authority and direction of Congress chartered and organized cities, towns, school districts and counties in conformance with Montana laws. These governments, through the assessment of taxes provided all the amenities and benefits of a civilized society. Nor did the non-member citizens ignore the rights of the Tribal member citizen neighbors. Indeed, they elected them to their governments' important elective posts and appointed them to offices in these governments despite the anomaly that Tribal members are not now responsible or answerable to those civil laws which they were enacting, administrating and adjudicating. Conversely, emerging Tribal government elective and appointive offices, including the judiciary are strictly limited to those having Tribal membership. More important, only Tribal members can be electors of those holding these offices. In this atmosphere you have seen fit to lend the tremendous prestige of your office in proposing and encouraging the setting aside of long established local laws and have paved the way for the Tribal govern- ment to assume, by usurpation of State law, a new and entirely no- representative government over the beleaguered non-member. Retrocession of P.L. 280 and implementation of legislation as recently proposed can only result in widespread civil disobedience coupled with a further deterioration of the citizens respect for law and order. President Gerald Ford Page 2 20 July 1976 Accordingly, on behalf of all freedom loving, law abiding and loyal citizens, I respectfully request that you reconsider your decision. Respectfully yours, F. Wayne Rockwell President, Montanan's Opposing Discrimination FWR: whm PROCLAIM LIBERTY USA13c THRO M. O. D. MONTANANS OPPOSING DISCRIMINATION MISSOUL JUL 21 OH HOUSE MAIL MT P.O. Box 673 -:- Polson, Montana 59860 TOTION a SECURITY 1976 598 26 1076 Processed by: 1 President Gerald Ford The White House Washington D. C. August 30, 1976 Dear Mr. Wells: Thank you for your letter to the President expressing concern about his jurisdictional statement to American Indian leaders on July 16. 'It has been erroneously reported that President Ford supports legislation to give tribal governments criminal and civil jurisdiction over all people living on Indian reservations. This is inaccurate. The President does not support legislation to alter the present legal status of non-Indians residing within reservation boundaries. In his statement to Indian leaders on July 16, President Ford indicated that he supported the concept of allowing certain Indian tribes (those which have been subject to State civil and criminal jurisdiction under provisions of Public Law 83-280 and related statutes) to decide by tribal resolution whether they wish to continue under State jurisdiction or return to Federal jurisdictional status. This resolution is subject to the approval or disapproval of the Secretary of the Interior under a clear set of reasonable guidelines. Under this concept, a tribe by itself could initiate a request to the Secretary of the Interior for a return to Federal jurisdictional status. In reaching his decision on this request, the Secretary of the Interior would be required to consult with the U.S. Attorney General and with the governors of the appropriate States. Application would be limited to tribes in States which have exercised jurisdiction under P.L. 83-280 and related statutes. The Departments of Justice and Interior are drafting legislation on this subject, and the Administration has asked the governors of 31 States for their views on the draft legislation. It is the President's 2 intention to continue consultations on the draft and to expand those consultations to include a wide range of interested groups, including representatives of non-Indians residing within reservation boundaries. Sincerely, Bradley H. Patterson, Jr. Mr. George W. Wells Commissioner Sanders County Thompson Falls, Montana 59873 BHP:lrc BHP-2 FORD i GERALD LIBRARY 17 Brad Patterson WESLEY W. STEARNS, COMMISSIONER HENRY L. GILL, COMMISSIONER GEORGE W. WELLS, COMMISSIONER DIXIE VAUGHT WINIFRED 1. VAN DERHOFF CLERK & RECORDER JUNE M. THAYER POLITY DANDERS CLERK DISTRICT COURT ROBERT L. FLETCHER TREASURER ATTORNEY PAUL J. FARLAN STATE OF MONTANA A.H. CHENEY ASSESSOR SHERIFF JAMES L. PALMER C.E. ROSDAHL SUPT. OF SCHOOLS THOMPSON FALLS, MONTANA CORONER 59873 August 13, 1976 The Honorable President of the U. S. Capitol Bldg. Washington, D. C. Dear Sir; Read you promise to the Indians Tribe control or jurisdiction over law and civil on Reservations. You sure have no idea what you are opening up, are you trying to start another war with indians and whites? We the white people have gave them everything now. If anything is done you should either buy the white man out on the reservations and put them on there own. The government has done them a great injustice by not making them responsible, you have give them everything there rights & my rights, this can not go on. So lets quit giving them anything except what the rest of us have, do away with this reservation nonsense, my god there has been 200 years gone by, let them face up to reality I imagine there is probably 99 per cent on Welfare now you want to give them jurisdiction over the whites, must be out of your pea picking mind. Did you ever live on a Reservation? If you are looking for Votes, your sure going the wrong way most Indians don't vote and we are sure not going to if this happens. Very truly yours, Groug with George W. Wells, Commissioner GIW/ec Sanders County After Five Days Return To We hold these Truths SANDERS COUNTY COMMISSIONERS THOMPSON FALLS, MONTANA 59873 MISSOUL AU 5 19 Hearting PSONFALLO 69973 AU614 3 1976 AM MY UNITED STATES 10 The Honorable President of the U. S. Capitol Bldg. Washington, D. C.

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Jurisdiction Over Indian Lands (PL 280) - Patterson Letter

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id	1103391
sourceUrl	https://catalog.archives.gov/id/1103391
contentType	document
collections	Bradley H. Patterson Files (Ford Administration) Bradley Patterson's Native American Programs Files
subjects	Law enforcement Legislation Indians of North America
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url	https://catalog.archives.gov/id/1103391
naId	1103391
coverageEndDate	logicalDate 1976-08-01 month 8 year 1976
coverageStartDate	logicalDate 1976-08-01 month 8 year 1976
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