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    "ocrText": "The original documents are located in Box 4, folder \"National Tribal Chairman's\nAssociation\" of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nDigitized from Box 4 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library\nTHE WHITE HOUSE\nWASHINGTON\nJune 28, 1975\nMEMORANDUM FOR:\nTED MARRS\nFROM:\nJOHN BORLING\nSUBJECT:\nIndian Meeting\nJack Marsh has forwarded a memo package that\nasks for a meeting with the President and 20 to\n50 officers and members of the Board of the\nNational Tribal Chairman's Association, Tab A.\nJack is reponding to a letter written by Ben\nReifel (Indian Bank) and asks that you attach\nyour recommendations to the the memo package.\nDISCUSSION:\nIt occurs that such a meeting is exclusive to the\nother Indian associations and would be open to the\n\"see me too\" syndrome from those others. It is\npremature to have this meeting without a decision,\nor the necessity to force same, on the Interagency\nTask Force. I would suggest a grouping of the\nmajor associations etc. that represent Indian\ninterests and, going for top leadership, put\nthe issues on the table (including the Task Force\nif no progress has been made) and go at it with\nthe obvious lesson being learned that they (the Indians)\nare going to have to learn to speak with a cooperative\nand coordinated-- if not a unified--voice. The President\nwould play a 20 minute role at the end of a two hour\nsession in the Cabinet Room. The timing for this meeting\nshould be in the month preceeding or the two months\nsubsequent to the New Mexico swing that is planned in Sept.\nDECISION\nGroup Meeting in Aug\nGroup Meeting in Oct\nNTCA Meeting as proposed\nFORD\nRecommend Against NTCA Meeting as proposed\nMEMO FOR SIGNATURE, Tab B.\nTHE WHITE HOUSE\nWASHINGTON\nJune 24, 1975\nMEMORANDUM TO:\nTED MARRS\nFROM:\nJACK MARSH\nPlease attach your own personal recommendation to Ben Reifel's\nrequest and then forward it directly to Warren Rustand for\nfurther action by him.\nThanks.\nCHALD P\nJUN 14 1975\nAMERICAN INDIAN NATIONAL BANK\n1701 PENNSYLVANIA AVENUE, NORTHWEST, SUITE 310, WASHINGTON, D. C. 20006\nJune 12,1975\nDear I Jack: sent this out to the what Home\nIf it comes up so you do m\nwith the Present appointment\ntoday. appropriately would you follow my it\nFORD\nsecretary? If such a visit could he made\nby this it would for important which\nIndian gaing faderal relations\nneed to one improving be cause of the activit\ninfluency the reservation Indians as does the\nfrom persons who do not Chairman repears\nassin,\nSincerely\nJohn Cimesella march to the Cresident\nBen Refers\nThe What Home -\nAMERICAN INDIAN NATIONAL BANK\n1701 PENNSYLVANIA AVENUE, NORTHWEST\nWASHINGTON, D. C. 20006\nJune 12, 1975\nThe President\nThe White House\nWashington, D.C. 20500\nDear Mr. President:\nThis a request from the Indian leaders of National Tribal Chairmen's\nAssociation for a meeting with their President:\n(1) To acquaint him with their organization\n(2) To discuss the American Indian Policy Review Commission recently\nestablished by Congress and,\n$\n(3) To suggest the issuance of an Executive Order on the subject of\nthe Indian way of life.\nThe National Tribal Chairmen's Association is the only Indian organization\nwhich by popular vote represents the Indian population, tribes and reservations\nfor which the Federal government has special responsibility. The Association\nis similar in its make-up to the National Council of Mayors and the National\nCouncil of State Governors. It represents more than 190 tribes that have jurisdic-\ntion over 90% of the Federally-recognized land based Indian tribes.\nDuring my 25 years in the Bureau of Indian Affairs and 10 years in Congress\nI was associated in one manner or another with many of these elected officials.\nThey have never had the honor to pay their respects to their President and to\ntake up the pressing issues of their people with him.\nThey have come to me in hopes that, by virtue of my acquaintance with top\nofficials on your White House staff, arrangement might be made for an audience\nwith you. The Association was organized in 1971 to provide a unified voice\nfor the federally recognized Indians of the United States through duly elected\nIndian leaders and it is meeting this objective in an effective manner.\nShould their request be favorably entertained, (and I sincerely hope it\nwill as it would enable them to counteract some of the unfavorable publicity\nabout Indian-federal relation being generated by the Wounded Knee take-over)\nthey are prepared to meet with you with a delegation of from 20 to 50 duly\nelected Indian leaders who are officers and members of the Board of Directors\nof the National Tribal Chairmen's Association.\nGERALD FORD LIBRARY\nPage 2\nThe President\nEnclosed is a copy of the letter to me from William Youpee, Executive\nDirector, National Tribal Chairmen's Association that goes into more detail\nregarding their hoped for meeting with the President.\nSince I am frequently away from Washington it will be desirable that\nreply to this request be sent to Mr William Youpee, Executive Director, National\nTribal Chairmen's Association, Suite 406, 1701 Pennsylvania Avenue, N.W.,\nWashington, D.C. 20006.\nSincerely,\nBen Reifel\nChairman of the Board\nAmerican Indian National Bank\nEnclosure\nNATIONAL TRIBAL CHAIRMEN'S ASSOCIATION\nNATIONAL TRIBAL CHAIRMEN'S\nASSOCIATION\nSuite 406 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006\n202 - 343-9484\nUNITY\nJUSTICE\nMay 28, 1975\nSTRENGTH\nDr. Ben Reifel\nChairman of the Board\nAmerican Indian National Bank\n1701 Pennsylvania Avenue, N.W.\nWashington, DC 20006\nDear Dr. Reifel:\nThe purpose of this letter is to finalize and to confirm the\ndiscussion in my office in April, 1975. It is also to request your\nassistance in establishing a meeting between the President of United\nStates and National Tribal Chairmen's Association as early as such\na meeting can be arranged. This request covers three (3) basic areas\nof immediate concern which are:\nMeeting between the President of the United States and the Nat-\nional Tribal Chairmen's Association, i.e., Officers, Board of\nDirectors and selected Committee members.\nA discussion on the the American Indian Policy Review Commission\nrecently established by Congress.\nA discussion which considers an issuance of an Executive Order\nupon the subject of the Indian way of life, particularly the\ncultural traditional aspects of the American Indians.\nThe following will reflect some background and more detailed\ninformation about the request for a meeting with the President and\nthe tenor of some of the discussions which we desire.\nBackground on the National Tribal Chairmen's Association (NTCA):\nThe NTCA was formed in 1971 to provide a unified voice for the\nfederally-recognized Indians of United States through duly elected\nIndian leaders.\n2\nRequirement for the membership in the NTCA is very simple, the mem-\nbers are duly and Democratically elected leaders of Indian tribes\nand Indian reservations. It may be mentioned here that it is re-\ncognized that there are many other Indian organizations in this\ncountry, but it should also be recognized that the NTCA is the only\nIndian organization which represents the Indian population, tribes\nand reservations for which the government has a special responsibility.\nThese are the Indians and Tribes for whom the government has a trust\nresponsibility dating back to the Constitution of the United States.\nThe NTCA and the government share this responsibility, because they\nare the elected leaders and spokesmen for these particular tribes\nof Indians whom are federally-recognized. No other Indian organi-\nzation is organized in this way and cannot claim to share the re-\nsponsibility with the United States government nor can any other\nIndian organization claim to be the bona-fide federally-recognized\nIndians.\nThe NTCA represents over 190 tribes, who represent over\n90% of the Federally-Recognized Land Based Indian Tribes;\nThe NTCA recognizes that the available statistics on the many\nneeds of the Indian people are not reflective of all Indians in the\nUnited States. This is because available statistics on low education,\npoor health, high unemployment and poor housing are all indicators of\nthe needs of the federally-recognized Indians. There are no com-\nparable data for the total Indian population of this country, and\nthere should be a continuing effort through the government to meet\nthe needs of the federally-recognized Indians.\nThe purposes of the NTCA are many and they are complex. The\nConstitution and By-laws of the Association is attached for your\nfuture information. You will find that the NTCA is organized to\nperpetuate the culture and tradition of the Indian people as it re-\nlates to Indian lands, history and environment. You will also note\nfrom Article Three that the purposes are more clearly defined, in-\ncluding being a spokesmen for all Indian tribes under the aegis of\nelected Indian leaders. You will note from this Constitution that\nthe NTCA is similar in its make-up to the National Council of Mayors\nand the National Council of State Governors. The Indian leaders of\nthe NTCA serve at the pleasure of its constituency which elected\nthem in the first place and which is the grass roots of the federally-\nrecognzied Indian situations in the country. The NTCA acts primarily\nas a consultant to the Unites States Government and the discharge\nof its responsibilities to the federally-recognized Indians. This\nis a radical departure from the previous practice of engaging con-\nsultants from all sectors of the American community without the\nparticipation of the Indian leaders who are elected by Indians\nthemselves.\n3\nIn view of the foregoing and recognizing the trust responsibilities\nit is the desire of the NTCA to meet with the President and to build upon\nthe responsibility which is shared by the Government and NTCA. It is\nhoped that a meeting with the President of the United States will begin\na close working relationship between all agencies of the government with\nthis unique National Council of elected Indian leaders.\nBackground On American Indian Policy Review Commission:\nThe American Indian Policy Review Commission was established\nby the 93rd Congress to review the responsibility of United States\nof America to Indians. This includes a review of the trust relation-\nship, the Bureau of Indian Affairs, the federally-recognized and non-\nrecognized Indians of the country much in the fashion of the Merian\nCommission of the 1920's. The purposes and the role of the American\nIndian Review Commission makes this an important issue to Indians.\nThe Senate appointed Senators Abourezk, Hatfield and Metcalf while\nthe House of Representatives appointed Congressmen Meeds, Yates and\nSteiger. These six (6) members, three (3) Senators and three (3) Con-\ngressmen then appointed one Indian who was non-federally recognized,\none Indian to represent Urban Indians and three (3) Indians from the\nfederally recognized Indian community. Adolph Dial (Lumbee, North\nCarolina) was appointed as a non-federally recognized Indian member.\nLouis R. Bruce (Mohawk-Sioux, New York City) was appointed as an Urban\nIndian member. The appointment from the federally-recognized Indian\ncommunity included: Ada Deer (Menominee, Wisconsin), Jake White\nCrow (Quapaw, Oklahoma) and John Borbridge (Tlingit, Alaska). The\nNTCA objected to the appointment of the three (3) individuals re-\npresenting the federally-recognized Indians. This objection was\nmanifest in resolutions directed to the American Indian Policy Review\nCommission and a copy is attached for your information.\nThe NTCA has petitioned the Commission to cease further activities\nuntil the elected Indian leaders who represent the aspiration of the\nfederally-recognized Indians are involved. The NTCA wishes to discuss\nthis issue with the White House in the hope that the White House and\nthe Secretary of the Interior intercede to protect the interest of the\nfederally-recognized Indians if the Commission persists in carrying\nout the provisions of the Bill which established the American Indian\nPolicy Review Commission. It is hoped that this might be mentioned\nduring the requested meeting with the President although we will not\nexpect the President himself to address himself to these details\nduring the meeting.\n4\nBackground on the Indian Way of Life, Culture and Tradition of the\nAmerican Indian:\nIt has long been recognized that the culture and tradition of\nthe American Indian has been disappearing at an alarming rate in the\nlast centuries. This issue gained particular urgency in recent years\nwhen laws were enacted to protect endangered species and use of plants,\nwater and other parts of the Indian environment and way of life. En-\nforcement of bird protection laws (forty years after their passage),\nuse of plants, rivers and religious sites have continually placed the\nIndians in violation of laws which have been enacted for other pur-\nposes. Because of this, Indians have not knowingly violated the laws\nof United States, but the laws of United States continually and in-\ncreasingly violate the culture and tradition of the American Indians.\nConcern over this issue gave rise to the organization of the National\nAssociation on American Indian Traditional and Cultural Activities\nwhich was sponsored by the NTCA in 1974. The Association adopted\na position paper which is attached hereto for your information. It\nis the desire of the NTCA that a discussion be held between the White\nHouse and the NTCA to consider the issurance of an Executive Order\nto perpetuate the Indian Culture and Tradition and indeed the Indian\nway of life.\nThe foregoings are the issues which we would want to discuss with\nthe White House and for consideration by the President of the United\nStates. We recognize that a meeting with the President of the United\nStates would give recognition to the elected leaders of the federally-\nrecognized Indian and tribes in the manner which would give the\nneeded attention by all agencies of the government. If this proposal\nis favorably entertained by the White House, we would be prepared to\nmeet with the President with a delegation of from 20 to 50 duly elected\nIndian leaders who are officers and members of Board of Directors of\nthe NTCA.\nThe letter is being forwarded to you consistent with the under-\nstanding which we reached during our discussion in my office as noted\nbefore. If you should require further information or have any ques-\ntions, please feel free to contact me.\nSincerely yours,\nWilliam William Youpee youpee\nExecutive Director\nAttachments\nGERALD R. FORD\nLIBRARY\nASSOCIATION\nNATIONAL TRIDAL CHAIRMEN'S\nASSOCIATION\nSuite 207 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006\n202 - 343 9484\nJUSTICE\nSeptember 2, 1976\nSTRENGTH\nHonorable Thomas S. Kleppe\nSecretary of the Interior\nDepartment of the Interior\n18th and C Street, N.W.\nWashington, D.C. 20240\nDear Mr. Secretary:\nIt is with regret that we advised your office this morning that chairmen\nrepresenting the National Tribal Chairmen's Association would not attend the\nmeeting with you as scheduled for this. afternoon. We appreciate your willing-\nness to meet with us and understand that your responsibilities and resulting\nschedule are demanding.\nWe realize that the Commissioner's telegram to President Wendell Chino\nasked NTCA to determine the agenda and provide you and the Commissioner with\nitems to be discussed a week ahead. President Chino is a leader of his people.\nHe gives wisdom and direction, but when he speaks on behalf of NTCA it is\nrepresentative of the opinions of NTCA members. President Chino did not\nbelieve it fair to submit an agenda which did not constitute the consensus of\nNTCA's Board Members. It was not possible for this group to convene a suf-\nficient number of days prior to the meeting in order to prepare an agenda for\nsubmission a week ahead.\nNTCA board members met this morning, therefore, for the original purpose\nof finalizing their ideas regarding the issues to be brought to your attention\nand the manner in which they would be presented. Yesterday, however, I\nreceived copies of President Mel Tonasket's letters of July 28 and August 19,\n1976. We had not been sent copies of these letters by President Tonasket.\nWe felt concerned that the issues he chose for discussion with you, though\ncertainly of significance, were matters of concern to specific, individual\ntribes, and were presented in such a technical manner, that only those chair-\nmen and attorneys involved in the particular cases could adequately address\nthem. We also felt that the manner in which the issues were presented was\nnot as conducive to meaningful communication as it could have been. Certainly,\nHonorable Thomas S. Kleppe\nSeptember 2, 1976\nPage 2\nthe broad overall problem indirectly addressed in the letters, that is, the\nimplementation of the Secretary's trust responsibility, is a matter of\nnational concern to all Indian tribes. We respect the right of the National\nCongress of American Indians to conduct its dialogue with the Department\nof the Interior in any manner which it chooses and to discuss issues which\nit considers significant. At the same time, however, the National Tribal\nChairmen's Association will communicate with the Department in a manner and\nregarding the issues which we believe most likely to assist both the Depart-\nment and the tribes in carrying out the responsibilities of each and resolving\nthe problems of federally recognized Indian tribes.\nFor example, we would like to discuss with you the implementation of the\ntrust responsibility to protect tribal natural resources. We would like to\nseek ways that working together we can resolve some of the difficulties\nwhich hinder that implementation, for example, the existence of the conflict\nof interest. We believe that there are ways, even without the existence of\nthe Trust Counsel Authority, to alleviate that conflict. As you know, at\nour Fourth Annual Convention in Albuquerque in several of the workshops held,\nthe conflict was examined and ways in which to assist in its resolution suggested.\nThese ways were further discussed at NTCA's board meeting held in Miccosukee,\nFlorida, which Deputy Under Secretary Ickes, Deputy Commissioner Frankel,\nMr. Theodore Krenzke, and Mr. LaFollette Butler attended. We would like to\ntalk with you personally about your support and assistance in our efforts to\nresolve these issues, as well as others. Our conerns center around the issues\nraised in our workshop papers and in the special objectives which NTCA has\nset for accomplishment within the year following the convention. We have\ndiscussed them with the Commissioner and with his staff and found that they\nare receptive to a constructive working relationship. We strongly believe\nthat if these broad, basic issues are resolved at the national level, then we\nwill have gone far in alleviating the painful and repetitive problems which\nexist at the tribal level as a result of these issues. We believe firmly\nthat the purpose of the National Tribal Chairmen's Association is to address\nbroad national issues and work toward their resolution. We also believe that\nto accomplish such significant tasks, we need the support, assistance, and\nencouragement of the high office of the Secretary of the Department of the\nInterior.\nWe believe that as Secretary you are the principle trustee in the unique\nrelationship which exists between the Federal Government and federally recog-\nnized Indian tribes. The National Tribal Chairmen's Association is composed\nof the official elected or appointed leaders of one hundred and ninety fed-\nerally recognized tribes. Membership in the organization is limited to official\nleaders and is not open to individual tribal members. NTCA is, therefore,\na governmental organization which according to the preamble of its constitution\nserves as the official voice of these leaders in promoting social, educational,\neconomic and governmental progress among their Indian people. The relation-\nship between the Secretary, as representative of the United States Govern-\nment, and the National Tribal Chairmen's Association is, therefore, a govern-\nment-to-government relationship, in which both work together to further the\nFORD\nHonorable Thomas S. Kleppe\nSeptember 2, 1976\nPage 3\nmaintenance of the Federal Government's unique and continuing relationship.\nwith and responsibility to the Indian people. We respectfully request that\nat the earliest possible time you meet with the Board Members of the National\nTribal Chairmen's Association in the spirit of good will and cooperation.\nPlease be advised that our staff is looking forward to working with your staff\nin establishing the time, date, place and agenda for the meeting.\nSincerely,\nExecutive Kenneth E. Secretary Black Black\nCC: Morris Thompson\nCommissioner of Indian Affairs\nNATIONAL TRIBAL CHAIRMEN'S REDUCIATION\nNATIONAL TRIBAL CHAIRMEN'S\nASSOCIATION\nSuite 207 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006\n202 - 343-9484\nOctober 8, 1976\nUNITY\nJUSTICE\nSTRENGTH\nHonorable Bradley Patterson\nSpecial Assistant to the President\nThe White House\nWashington, D.C. 20500\nDear Mr. Patterson:\nOn behalf of the National Tribal Chairmen's Association may I express my\nappreciation for your willingness to attend and participate in our Board Meeting\nOctober 14, 1976. As you will note, we have included you on our agenda in the\nopening minutes of the meeting and look forward to your remarks. Among other\ntopics which you may wish to discuss may I suggest the Interstate Congress for\nEqual Rights and Responsibilities. We are, of course, concerned about the\nactivities of this group and like-minded organizations and individuals and would\nlike for you to share your knowledge of them with us and your direction to us\nregarding what action we should take in the months ahead.\nWe look forward to being with you on Thursday morning.\nSincerely yours,\nNilliam youper\nWilliam Youpee\nExecutive Director\nEnclosures\nTentative Agenda\nNational Tribal Chairmen's Association\nBoard of Director's Meeting\nAmerican Indian Bank\n10:00 A.M.\nOctober 14 and 15, 1976\nCall to Order:\nWendell Chino, President, NTCA\nInvocation:\nKenneth Black, Secretary, NTCA\nOpening Remarks:\nWendell Chino, President, NTCA\nRoll Call:\nWilliam Youpee, Executive Director, NTCA\nRemarks:\nThe Honorable Bradley Patterson\nSpecial Assistant to the President\nThe Honorable Morris Thompson\nCommissioner of Indian Affairs\nDr. Emery A. Johnson\nDirector, Indian Health Service\nTopics for Discussion: *\nInterstate Congress for Equal Rigths and Responsibilities\nIndian Health care Improvement Act, P.L. 94-437\nOffice of Indian Education, Bureau of Indian Affairs - Reorganization; JOM\nFunding Allocation; Consultation Process\nTraining and Technical Assistance - Broadly, with emphasis on P.L. 93-638\nRole Clarification - Pilot Project, Albuquerque Area\nP.L. 93-638 Regulations Comments - NTCA Proposals\nOffice of Native American Programs - Program Review; Selection of Director\nAmerican Indian Policy Review Commission - Review and Follow-up\nIndian Desk Consultation Scheduled\nReorganization of Senate Committees for Ninety-Fifth Congress\nLegislative Proposals for NTCA for Ninety-Fifth Congress\nStanding Committees - Reports\nBocastion merro\nCoordneation\nGERAID FORD LIBRAR,\nProilamention\nBHO assignment\n-2-\nAd Hoc Committees - Reports\nPlans for Meeting with The Honorable Thomas S. Kleppe, Secretary of the Interior\n*\nCalls and letters of invitation have gone to Federal officials, other individuals\nand organizations knowledgeable on these topics, asking their participation in\nthese discussions.\nERALLO FORD\nTHE WHITE HOUSE\nWASHINGTON\nIL ad has\nCommittees\nSept Get\nFORDO it LIBRARY\nNATIONAL TRIBAL CHAIRMEN'S ASSOCIATION\nOBJECTIVIES AND PRIORITIES\n1976, 77\nI.\nExpansion of P.L. 93-638 to all agencies (by means of proposed Executive order).\nSupported by: Workshop/Panel I, Item 1\n2.\nSecuring independent authority on the part of the Bureau of Indian Affairs and\nthe Office of the Associate Solicitor for Indian Affairs in the Interior\nDepartment to advocate Indian positions through litigation and require adoption\nand advocacy of that position by the Justice Department (by means of Adminis-\ntrative Action).\nSupported by: Workshop/Panel II, Item 1\nWorkshop/Panel V, Item 2\n3.\nThe creation of a permanent, effective coordinating organization in the White\nHouse (by means of Administrative Action).\nSupported by: Workshop/Panel III, Item 1\nWorkshop/Panel I, Item (B)\nWorkshop/Panel IV, Item 2\n4.\nFederal Government should recognize and deal with tribal governments as entities\nwith status no less than that of states (by means of Legislative Monitoring).\nSupported by: Workshop/Panel IV, Item 1A, and 1B\n5. Cecil Williams\nIndian Rights Impact Statement (by means of Administrative Action).\nSupported by: Workshop/Panel V, Item 3A\n6.\nThe survival of Indian society depends on its ability to project itself into\nthe future. This projection will occur through Indian youth. The future\nprotection of trust natural resouces and Indian society depends upon the\ndevelopment of Indian youth as Tribal leaders and their response to future\nchallenges.\nNational Tribal Chairmen's Association advocates training for Indian youth\nnot only in areas of policy making but also in the technical and profes-\nsional fields, encouraged to take training in natural resources (by means\nof a Policy Paper).\nSupported by: Workshop/Panel VI, Items 3 and 4\nNOTE: Each of the above priorities was selected as the number one priority from\neach of the six Panel/Workshop groups. The remaining five priorities, 7-11,\nare suggested for inclusion within a proposed total of 11 priorities for\nprimary action during the coming year. Should circumstances develop, Executive\nDirector is free to act on other recommendations not identified among these 11\npriorities.\n7.\nSupport I.H.S. and Indian Housing legislation and programs essential to federally\nrecognized tribes.\nSupported by: Workshop/Panel IV, Item 5\n8.\nStrengthen tribal govenments through program support to maintain inherent sov-\nereignty of tribes and on their own terms build the capacity to man and manage\nprograms and to monitor the delivery of service.\nSupported by: Workshop/Panel II, Items 4 and 5\nWorkshop/Panel IV, Item 3\nWorkshop/Panel VI, Items 2 ( see first and last paragraph of 2,\nRecommended Action), 5, and 6\n9.\nDevelopment of mechanism by which National Tribal Chairmen's Association would\nhave imput into the federal budgetary and appropriations process as required by\nAct of June 18, 1934, 48 Stat. 984, as amended.\nSupported by: Workshop/Panel I, Item 2\nWorkshop/Panel III, Item 2\nWorkshop/Panel I, Item B\nWorkshop/Panel IV, Items 4\nWorkshop/Panel VI, Item 1 (see second paragraph of 1, Recommended\nAction)\n10.\nDevelopment of programs where possible to acquaint state and local subdivisions\nand citizens generally of nature and scope of tribal sovereignty and proprietary\ninterest in trust property.\nSupported by : Workshop/Panel I, Item 3\nWorkshop/Panel II, Items 3 and 7\nWorkshop/Panel V, Item 4D (1)\n11.\nNational Tribal Chairmen's Association as the focal point and advocate for\nIndian tribes in all federal programs, decisions, and actions affecting\nfederally recognized tribes.\nSupported by: Workshop/Panel II, Item 8\nWorkshop/Panel IV, Items 2A and 2B\nWorkshop/Panel VI, Item 2 (see second paragraph of 2, Recommended\nAction)\nTRIBAL\nCHAIRMEN'S\nNATIONAL\nASSOCIATION\nNATIONAL TRIBAL CHAIRMEN'S\nASSOCIATION\nSuite 207 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006\n202 - 343-9484\nUNITY\nJUSTICE\nSTRENGTH\nPANEL/WORKSHOP V\nTRUST RESPONSIBILITIES\n1. TRIBAL SOVEREIGNTY\nA.\nThe Federal government's trust responsibility includes the protection of\ntribal sovereignty from encroachment by other units of the government,\nincluding the federal government.\nB.\nACCOMPLISHMENTS:\nNone\nC.\nEVALUATION:\n(1) While there has been some improvement in this area, the Justice\nDepartment remains extremely reluctant to recognize its trust\nresponsibility to assist tribes in defending their sovereignty\nwhen the issue becomes the subject of litigation.\n(2) Despite numerous recommendations by NTCA-member Tribal Chairmen\nthat the 1968 Indian Civil Rights Act should be amended, nothing\nhas been done.\n(3) The Interior Department Solicitor refuses to release a draft\nopinion that states, in effect, that there are no legal barriers\nto the exercise by the tribal governments of jurisdiction over\nnon-Indians located within the boundaries of the reservation.\n(4) The 1968 Indian Civil Rights Act mandated that the Department of\nthe Interior cause to be published a model criminal code, a digest\nof Solicitor's Opinions and an up-date of Cohen's Handbook of\nFederal Indian Law, these documents are several years overdue.\nThe Department of the Interior should act with all deliberate speed\nto complete this work.\n(5) The Federal government in its protection of tribal sovereignty\nmust of necessity enhance and strengthen tribal sovereignty in\norder that they can cope with constant attempts to undermine\nthat sovereignty.\nD.\nFURTHER ACTION:\n(1) The President and Executive Board of NTCA draft and present to\nthe President of the United States a statement outlining the\nresponsibility of the federal government in the area of trust\nresponsibility and call upon the President to make it a policy\nof his Administration that the Justice Department and the Interior\nSolicitor support and assist the tribes when this issue is litigated.\n(2) The President and Executive Board of NTCA develop, present and\nsecure adoption of a statement and acknowledgement by the President\nof the United States of the federal government's trust responsi-\nbility to protect tribal sovereignty as well as secure adoption\nof that statement by the two national parties as a part of their\npolitical platforms.\n(3) NTCA President and Executive Board research and report on the\nInternational treaties (for example: The Geneva Convention Treaty,\nThe Treaty of Guadalupe-Hidalgo, The Louisiana Purchase) affecting\nand guaranteeing the rights of indigenous people.\n(4) The President and Executive Board will evaluate and report to\naffected tribes on the proposed legislation that will establish\n200-mile fishing limit off the coast of the United States.\n(5) The President and Executive Board urge the Attorney General to\nadopt a policy of notifying Indian tribes in writing, with explan-\nation, when the Department of Justice refuses to provide requested\nassistance in civil litigation or declines to prosecute in criminal\ncases.\n2. CONFLICTS OF INTEREST\nA.\nProtection of trust resources through the elimination of conflicts of interests\nby posturing the trustee to advocate fully, vigorously and without reserv-\nation the rights and interests of the tribes against threats from any source;\nby removing any constraints upon those federal officials charged with adminin-\ntering the trust; and by serving as an advocate for the tribes and as an\nadversary to those interests which conflict with and threaten tribal trust\nresources.\nB.\nACCOMPLISHMENTS:\n(1) Establishment of the Office of Trust Responsibilities in the BIA\nCentral Office and in some Area Offices.\n(2) Establishment of the Indian Resources Section within the Land\nand Natural Resources Division in the Justice Department.\n(3) Filing by the Interior Department of separate briefs in litigation\nin which Indians trust resources are threatened or challenged.\n-2-\n(a) U.S. V. Critzer. The Fourth Circuit held for the Indian and\nagainst the U.S., adopting the Interior view, in which a tax\nprosecution of an Indian operating a motel and restaurant on an\nassignment at Eastern Cherokee Reservation.\n(b) Hollowbreast V. Northern Cheyenne Tribe. U.S. took no position\non whether Supreme Court should review 9th Circuit decision holding\nthat allottees, and not the tribe, owned coal resources beneath\nallotted lands on reservation. Interior submitted separate views\nsupporting tribal ownership. Court agreed to hear case.\n(c) Catherine Creek Dam. The Umatilla Tribe is suing the Corps of\nEngineers to stop a flood control dam that would destroy a tribal\nfishing site. Justice is defending the Corps. Interior's separate\nviews, supporting the Tribe, have been submitted to the Court.\nNo decision has been reached yet.\nC.\nEVALUATION:\n(1) The establishment of these offices of separate briefs by\nInterior represents a recognition by the executive branch of its\nresponsibility to free itself from constraints and to serve as\nan advocate for the tribes. However, the recent decisions in\nQuechan, Northern Cheyenne attorneys fees and tribal water codes\nclearly indicate that full advocacy has yet to be realized.\nD.\nFURTHER ACTION:\n(1) The Executive Committee will draft procedures and standards which\nwill serve to determine who is accountable for a federal action-\ndecision adverse to tribal rights and interests.\n(2) The President of NTCA will forward the Committee's draft to the\nPresident of the United States, urging immediate adoption of it\nas a matter of policy, thus foregoing the needless delay of an\nExecutive Order or regulations.\n(3) The President of NTCA will present the Committee's draft to the\ntwo political parties for adoption in their platforms.\n(4) The President and Executive Board urge the Secretary to accept\nand implement the Comptroller General's opinion authorizing the\nDepartment of the Interior to pay attorney fees in appropriate\nFORD\ncircumstances.\n3. INDIAN RIGHTS IMPACT STATEMENT\nA.\nProtection by the requirement thàt an Indian Rights Impact Statement must\nbe filed with the BIA and the tribe or tribes affected prior to finalization\nof plans by any federal agency when a proposed action by such Agency will\naffect tribal governments and their trust resources.\n-3-\nB.\nACCOMPLISHMENTS:\n(1) BIA Commissioner has recommended to the Interior Secretary that\nthe Bureau of Reclamation file with the BIA for review and comment\nany proposed irrigation project plans in order to determine whether\nthe proposed project might adversely affect Winters rights.\nC.\nEVALUATION:\n(1) The Commissioner's recommendation is the first step forward to\nrealizing this objective; however, the Secretary has yet to respond.\nD.\nFURTHER ACTION:\n(1) The Executive Board of NTCA will draft guidelines which must be\nconsidered at a minimum in an Indian rights impact with guidelines\nfor implementation.\n(2) The President of NTCA will present to the President of the United\nStates the guidelines for adoption by his Administration as a matter\nof policy.\n(3) The President of NTCA will seek adoption of the recommendation by\nthe two national political parties as a part of their platforms.\n(4) The President of NTCA will advise the Commissioner to continue\nhis efforts to`have the Secretary adopt the Commissioner's recom-\nmendation.\n(5) The President and Executive Board of NTCA will cause the Secretary\nof the Interior to develop a policy that will insure that the\ninterest of the Indian Tribes in ceded areas are recognized and\nprotected by federal agencies having administrative jurisdiction\nover these areas; e.g. religious shrines and historical sites.\n4. TRIBAL MANAGEMENT OF TRUST RESOURCES\nA. Protection against exploitation of trust resources by implementing the policy\nthat tribal governments will have the major role in the management and develop-\nment of their trust resources.\nB. ACCOMPLISHMENTS: None\nC.\nEVALUATION:\n(1) There still remains substantial reluctance on the part of some BIA\nofficials to appreciate the ability of the tribes to manage their\ntrust resources efficiently and prudently, with Northern Cheyenne\nand Crow as examples.\n-4-\nD.\nFURTHER ACTIONS:\n(1) The President and Executive Board of NTCA cause the Secretary of\nthe Interior to adopt a policy that the United States should firmly\nrecognize that all Indian nights to natural resources, including\nrights to lands, water, timber, minerals and to hunt and fish, are\nheld by the United States in trust for the Indian tribes or individual\nIndian owners. The full equitable ownership of these rights is in\nthe Indian tribes or individuals. This recognition should emphasize\nthat Indian rights to natural resources are completely separate\nfrom other federally owned lands and rights, such as public lands,\nnational parks, monuments and wildlife refuges, and military reser-\nvations, as well as historical sites and national forests.\n(2) The President and Executive Board of NTCA urge the Secretary of\nInterior to formally adopt the policy enunciated in the coal-leasing\npolicy statement as the policy for all tribal resource development.\n(3) The President and Executive Board urge immediate hearings on and\nenactment of Senate Bill 2652 which provides that information con-\ncerning trust resources of an Indian Tribe be exempt from disclosure\nunder the Freedom of Information Act.\n5. REASSERTION OF FEDERAL COURT JURISDICTION\nA. Protection by the reassertion of federal court jurisdiction in regard to tribal\ntrust resources.\nB. ACCOMPLISHMENTS:\n(1) The Justice Department argued in furtherance of federal court juris-\ndiction before the Supreme Court in the Akin case.\nC.\nEVALUATION:\n(1) Positive reaction as stated above.\nD.\nFURTHER ACTIONS:\n(1) If the Supreme Court rules adversely to the tribes' interests,\nmember tribes should seek an amendment to the McCarran Act which\nwould exempt Winters rights.\n(2) NTCA will present, if necessary, an amendment to the McCarran Act\nto the two political parties for adoption in their platforms.\n-5-\nTRIBAL\nCHAIRMEN'S\nNATIONAL\nASSOCIATION\nNATIONAL TRIBAL CHAIRMEN'S\nASSOCIATION\nSuite 207 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006\n202 - 343-9484\nOctober 8, 1976\nUNITY\nJUSTICE\nSTRENGTH\n(Identical letter to Bureau Officials; special letter to the Commissioner)\nDear\nThe National Tribal Chairmen's Association will hold a meeting of its\nBoard of Directors at 10:00 A.M., October 14th, in the Board Room of the\nAmerican Indian Bank. On behalf of the Association I extend to you a most\ncordial invitation to attend. A tentative agenda is included for your reference.\nWe would appreciate your being with us at the opening of the meeting and\nremaining as long as your schedule allows. Please make brief remarks to the\nBoard should you wish to do so. Board members may have questions and comments\nwhich they will wish to bring up with you.\nUnder separate cover we have included a package of materials which we will\nbe discussing at our Board Meeting and with Secretary Kleppe in our meeting\nwith him on Friday, October 15th. These materials are not new to you nor to\nmost of the staff of the Bureau. Primarily they concern the special objectives\nset by the Association for implementation during the coming year. It is these\nobjectives, other recommendations made in the Fourth Annual Convention Workshop\nPapers out of which these special objectives grew, and the role and function\nof the National Tribal Chairmen's Association as it relates to the Bureau, the\nDepartment of the Interior and the Federal Government which we wish to discuss\nwith the Secretary.\nIn our Board Meeting we will further refine our presentation to the Secretary.\nWe certainly welcome your ideas which you would share with us regarding the\nmeeting with the Secretary, as to its content and manner of presentation. We\nalso thought these materials would be helpful to you in the event you are called\nupon to assist in preparing the Secretary for the meeting. We are, of course,\nproviding the Secretary with these materials and information regarding the\nmatters we wish to discuss with him.\nSincerely yours,\nWilliam Youpee\nExecutive Director\nEnclosure\nALD\nOctober 27, 1976\nDear Bill:\nThank you for your letter of October 18 conveying\nto us Resolution 10/76-1 of the National Tribal\nChairman's Association concerning LaFollette\nButler.\nI am bringing this promptly to the attention of\nSecretary Kleppe who will make the appointment\nand also to the Honorable Doug Bennett here at\nthe White House who is the Director of the\nPresidential Personnel Office.\nSincerely,\nBradley H. Patterson, Jr.\nMr. William Youpee\nExecutive Director\nNational Tribal Chairmen's\nAssociation\nSuite 207\n1701 Pennsylvania Avenue, NW.\nWashington, D.C. 20006\nCC: Secretary Keeppe,\ncc: Doug Bennett\nSERATE % FORD\nNATIONAL TRIBAL CHAIRMEN'S ASOCIATION\nNATIONAL TRIBAL CHAIRMEN'S\nASSOCIATION\nSuite 207 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006\n202 - 343-9484\nUNITY\nJUSTICE\nOctober 18, 1976\nSTRENGTH\nHonorable Bradley Patterson\nSpecial Assistant to the President\nThe White House\nWashington, D.C. 20500\nDear Mr. Patterson:\nOn behalf of The National Tribal Chairmen's Association I respectfully\nsubmit for your early consideration the enclosed NTCA Resolution, No. NTCA\n10/76 - 1, recommending LaFollette Robert Butler be named Acting Commissioner\nof Indian Affairs.\nThis Resolution was passed by the Board of Directors at its meeting\nOctober 14, 1976.\nSincerely yours,\nWilliam William Youpee youper\nExecutive Director\nEnclosure\nFORD i LIBRARY 070830\nTRIBAL\nCHAIRMEN'S\nNATIONAL\nASSOCIATION\nNATIONAL TRIBAL CHAIRMEN'S\nASSOCIATION\nSuite 207 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006\n202 - 343-9484\nUNITY\nJUSTICE\nSTRENGTH\nRESOLUTION\nNo. NTCA 10/76 - 1\nWHEREAS, the Office of Commissioner of Indian Affairs will within the near future\nbecome vacant due to the resignation of the present Commissioner, the Honorable\nMorris Thompson, and\nWHEREAS, the National Tribal Chairmen's Association has adopted a considered\napproach to the selection of a person to act in the Office of Commissioner of\nIndian Affairs, and\nWHEREAS, in the exercise of that considered approach, there has evolved the identi-\nfication of certain criteria which the Association believes a person occupying\nthis high office should meet, and\nWHEREAS, these criteria include the following:\n- knowledge of the Federal Government system;\n- demonstrated management ability;\n- knowledge of tribal government from a legal and an historical prespective;\n- demonstrated commitment to the principle of tribal self-determination\nand to the maintenance of the Federal Government's unique and continuing\nrelationship with and responsibility to the Indian people;\n- knowledge of tribal government from a practical standpoint;\n- awareness of tribal governments as distinct from Indian organizations;\n- demonstrated ability to work with Indian organizations and tribal govern-\nments within their proper spheres;\n- demonstrated accomplishment of long-term gains of nationwide significance\nfor tribal government and trust resources; and\nWHEREAS, the National Tribal Chairmen's Association has for a considerable time\nbelieved that the selection of persons to occupy positions of responsbility in\nthe Agencies of the Federal Government should involve the direction of Indian\ntribes, and\nWHEREAS, we now have in the Indian Self-Determination and Education Assistance\nAct, endorsed by this Administration, the philosophy and commitment to Indian\ntribal self-determination, which involves Indian tribal direction in Federal\ngovernmental decisions affecting Indian tribes, and\nWHEREAS, in his August 26, 1976, memorandum announcing the appointment of\nBradley H. Patterson, Jr., as his Special Assistant, President Ford requested\nthe heads of Federal Agencies to insure that when Federal actions are planned\nwhich affect Indian communities, the responsible Indian leaders are consulted\nin the planning process, and\nWHEREAS, in the selection of the individual to occupy the Office of Commissioner\nof Indian Affairs, the National Tribal Chairmen's Association does by this\nresolution exercise its right and duty to recommend to the Secretary of the\nDepartment of the Interior and to the President of the United States a specific\nindividual whom the Board of Directors of the Association has determined best\nmeets the essential criteria for that Office,\nTHEREFORE BE IT RESOLVED, that with great honor the National Tribal Chairmen's\nAssociation recommends that LaFollette Robert Bulter be named Acting Commissioner\nof Indian Affairs.\nCERTIFICATION\nIt is hereby certified by the undersigned that the foregoing Resolution was\nadopted by the Board of Directors of the National Tribal Chairmen's Association\nin a duly constituted meeting on the 14th day of October, 1976, at which meeting\nthere was a quorum present and a majority of the Board members voting.\nHudell The\nPRESIDENT\nATTEST:\nSECRETARY\nGENALO, FORD LIBRARY\nNATIONAL TRIBAL CHAIRMEN'S ASOCIATION\nNATIONAL TRIBAL CHAIRMEN'S\nASSOCIATION\nSuite 207 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006\n202 - 343-9484\nUNITY\nJUSTICE\nSTRENGTH\n2 9 OCT 1976\nMr. Bradley H. Patterson, Jr.\nSpecial Assistant to the President\nThe White House\nWashington, D. C.\nDear Mr. Patterson:\nWe were honored that you took time from your very busy\nschedule to address the Board of the National Tribal\nChairmen's Association at our last meeting.\nWe want you to know we sincerely appreciated the time and\ninformation you gave us, and thank you very much for your\nparticipation.\nSincerely yours,\nWilliam Youreer\nWilliam Youpee\nExecutive Director\nL\nTentative Agenda\nNational Tribal Chairmen's Association\nBoard of Director's Meeting\nAmerican Indian Bank\n10:00 A.M.\nOctober 14 and 15, 1976\nCall to Order:\nWendell Chino, President, NTCA\nInvocation:\nKenneth Black, Secretary, NTCA\nOpening Remarks:\nWendell Chino, President, NTCA\nRoll Call:\nWilliam Youpee, Executive Director, NTCA\nRemarks:\nThe Honorable Bradley Patterson\nSpecial Assistant to the President\nThe Honorable Morris Thompson\nCommissioner of Indian Affairs\nDr. Emery A. Johnson\nDirector, Indian Health Service\nTopics for Discussion: *\nInterstate Congress for Equal Rigths and Responsibilities\nIndian Health care Improvement Act, P.L. 94-437\nOffice of Indian Education, Bureau of Indian Affairs - Reorganization; JOM\nFunding Allocation; Consultation Process\nTraining and Technical Assistance - Broadly, with emphasis on P.L.93-638\nRole Clarification - Pilot Project, Albuquerque Area\nP.L. 93-638 Regulations Comments- NTCA Proposals\nOffice of Native American Programs - Program Review; Selection of Director\nAmerican Indian Policy Review Commission - Review and Follow-up\nIndian Desk Consultation Scheduled\nReorganization of Senate Committees for Ninety-Fifth Congress\nLegislative Proposals for NTCA for Ninety-Fifth Congress\nStanding Committees - Reports\nGERALD FORD LIBRARY\n-2-\nAd Hoc Committees - Reports\nPlans for Meeting with The Honorable Thomas S. Kleppe, Secretary of the Interior\n*\nCalls and letters of invitation have gone to Federal officials, other individuals\nand organizations knowledgeable on these topics, asking their participation in\nthese discussions.\nFORD is LIBRARY CERALD"
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