Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
1103403
label
National Tribal Chairman's Association
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
1103403
sourceUrl
contentType
document
title
National Tribal Chairman's Association
citationUrl
collections
Bradley H. Patterson Files (Ford Administration)
Bradley Patterson's Native American Programs Files
subjects
Indians of North America
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
1103403
coverageEndDate
logicalDate
1976-10-01
month
10
year
1976
coverageStartDate
logicalDate
1975-06-01
month
6
year
1975
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
146b6e79e0dc9c6f
ocrText
The original documents are located in Box 4, folder "National Tribal Chairman's
Association" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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 4 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library
THE WHITE HOUSE
WASHINGTON
June 28, 1975
MEMORANDUM FOR:
TED MARRS
FROM:
JOHN BORLING
SUBJECT:
Indian Meeting
Jack Marsh has forwarded a memo package that
asks for a meeting with the President and 20 to
50 officers and members of the Board of the
National Tribal Chairman's Association, Tab A.
Jack is reponding to a letter written by Ben
Reifel (Indian Bank) and asks that you attach
your recommendations to the the memo package.
DISCUSSION:
It occurs that such a meeting is exclusive to the
other Indian associations and would be open to the
"see me too" syndrome from those others. It is
premature to have this meeting without a decision,
or the necessity to force same, on the Interagency
Task Force. I would suggest a grouping of the
major associations etc. that represent Indian
interests and, going for top leadership, put
the issues on the table (including the Task Force
if no progress has been made) and go at it with
the obvious lesson being learned that they (the Indians)
are going to have to learn to speak with a cooperative
and coordinated-- if not a unified--voice. The President
would play a 20 minute role at the end of a two hour
session in the Cabinet Room. The timing for this meeting
should be in the month preceeding or the two months
subsequent to the New Mexico swing that is planned in Sept.
DECISION
Group Meeting in Aug
Group Meeting in Oct
NTCA Meeting as proposed
FORD
Recommend Against NTCA Meeting as proposed
MEMO FOR SIGNATURE, Tab B.
THE WHITE HOUSE
WASHINGTON
June 24, 1975
MEMORANDUM TO:
TED MARRS
FROM:
JACK MARSH
Please attach your own personal recommendation to Ben Reifel's
request and then forward it directly to Warren Rustand for
further action by him.
Thanks.
CHALD P
JUN 14 1975
AMERICAN INDIAN NATIONAL BANK
1701 PENNSYLVANIA AVENUE, NORTHWEST, SUITE 310, WASHINGTON, D. C. 20006
June 12,1975
Dear I Jack: sent this out to the what Home
If it comes up so you do m
with the Present appointment
today. appropriately would you follow my it
FORD
secretary? If such a visit could he made
by this it would for important which
Indian gaing faderal relations
need to one improving be cause of the activit
influency the reservation Indians as does the
from persons who do not Chairman repears
assin,
Sincerely
John Cimesella march to the Cresident
Ben Refers
The What Home -
AMERICAN INDIAN NATIONAL BANK
1701 PENNSYLVANIA AVENUE, NORTHWEST
WASHINGTON, D. C. 20006
June 12, 1975
The President
The White House
Washington, D.C. 20500
Dear Mr. President:
This a request from the Indian leaders of National Tribal Chairmen's
Association for a meeting with their President:
(1) To acquaint him with their organization
(2) To discuss the American Indian Policy Review Commission recently
established by Congress and,
$
(3) To suggest the issuance of an Executive Order on the subject of
the Indian way of life.
The National Tribal Chairmen's Association is the only Indian organization
which by popular vote represents the Indian population, tribes and reservations
for which the Federal government has special responsibility. The Association
is similar in its make-up to the National Council of Mayors and the National
Council of State Governors. It represents more than 190 tribes that have jurisdic-
tion over 90% of the Federally-recognized land based Indian tribes.
During my 25 years in the Bureau of Indian Affairs and 10 years in Congress
I was associated in one manner or another with many of these elected officials.
They have never had the honor to pay their respects to their President and to
take up the pressing issues of their people with him.
They have come to me in hopes that, by virtue of my acquaintance with top
officials on your White House staff, arrangement might be made for an audience
with you. The Association was organized in 1971 to provide a unified voice
for the federally recognized Indians of the United States through duly elected
Indian leaders and it is meeting this objective in an effective manner.
Should their request be favorably entertained, (and I sincerely hope it
will as it would enable them to counteract some of the unfavorable publicity
about Indian-federal relation being generated by the Wounded Knee take-over)
they are prepared to meet with you with a delegation of from 20 to 50 duly
elected Indian leaders who are officers and members of the Board of Directors
of the National Tribal Chairmen's Association.
GERALD FORD LIBRARY
Page 2
The President
Enclosed is a copy of the letter to me from William Youpee, Executive
Director, National Tribal Chairmen's Association that goes into more detail
regarding their hoped for meeting with the President.
Since I am frequently away from Washington it will be desirable that
reply to this request be sent to Mr William Youpee, Executive Director, National
Tribal Chairmen's Association, Suite 406, 1701 Pennsylvania Avenue, N.W.,
Washington, D.C. 20006.
Sincerely,
Ben Reifel
Chairman of the Board
American Indian National Bank
Enclosure
NATIONAL TRIBAL CHAIRMEN'S ASSOCIATION
NATIONAL TRIBAL CHAIRMEN'S
ASSOCIATION
Suite 406 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006
202 - 343-9484
UNITY
JUSTICE
May 28, 1975
STRENGTH
Dr. Ben Reifel
Chairman of the Board
American Indian National Bank
1701 Pennsylvania Avenue, N.W.
Washington, DC 20006
Dear Dr. Reifel:
The purpose of this letter is to finalize and to confirm the
discussion in my office in April, 1975. It is also to request your
assistance in establishing a meeting between the President of United
States and National Tribal Chairmen's Association as early as such
a meeting can be arranged. This request covers three (3) basic areas
of immediate concern which are:
Meeting between the President of the United States and the Nat-
ional Tribal Chairmen's Association, i.e., Officers, Board of
Directors and selected Committee members.
A discussion on the the American Indian Policy Review Commission
recently established by Congress.
A discussion which considers an issuance of an Executive Order
upon the subject of the Indian way of life, particularly the
cultural traditional aspects of the American Indians.
The following will reflect some background and more detailed
information about the request for a meeting with the President and
the tenor of some of the discussions which we desire.
Background on the National Tribal Chairmen's Association (NTCA):
The NTCA was formed in 1971 to provide a unified voice for the
federally-recognized Indians of United States through duly elected
Indian leaders.
2
Requirement for the membership in the NTCA is very simple, the mem-
bers are duly and Democratically elected leaders of Indian tribes
and Indian reservations. It may be mentioned here that it is re-
cognized that there are many other Indian organizations in this
country, but it should also be recognized that the NTCA is the only
Indian organization which represents the Indian population, tribes
and reservations for which the government has a special responsibility.
These are the Indians and Tribes for whom the government has a trust
responsibility dating back to the Constitution of the United States.
The NTCA and the government share this responsibility, because they
are the elected leaders and spokesmen for these particular tribes
of Indians whom are federally-recognized. No other Indian organi-
zation is organized in this way and cannot claim to share the re-
sponsibility with the United States government nor can any other
Indian organization claim to be the bona-fide federally-recognized
Indians.
The NTCA represents over 190 tribes, who represent over
90% of the Federally-Recognized Land Based Indian Tribes;
The NTCA recognizes that the available statistics on the many
needs of the Indian people are not reflective of all Indians in the
United States. This is because available statistics on low education,
poor health, high unemployment and poor housing are all indicators of
the needs of the federally-recognized Indians. There are no com-
parable data for the total Indian population of this country, and
there should be a continuing effort through the government to meet
the needs of the federally-recognized Indians.
The purposes of the NTCA are many and they are complex. The
Constitution and By-laws of the Association is attached for your
future information. You will find that the NTCA is organized to
perpetuate the culture and tradition of the Indian people as it re-
lates to Indian lands, history and environment. You will also note
from Article Three that the purposes are more clearly defined, in-
cluding being a spokesmen for all Indian tribes under the aegis of
elected Indian leaders. You will note from this Constitution that
the NTCA is similar in its make-up to the National Council of Mayors
and the National Council of State Governors. The Indian leaders of
the NTCA serve at the pleasure of its constituency which elected
them in the first place and which is the grass roots of the federally-
recognzied Indian situations in the country. The NTCA acts primarily
as a consultant to the Unites States Government and the discharge
of its responsibilities to the federally-recognized Indians. This
is a radical departure from the previous practice of engaging con-
sultants from all sectors of the American community without the
participation of the Indian leaders who are elected by Indians
themselves.
3
In view of the foregoing and recognizing the trust responsibilities
it is the desire of the NTCA to meet with the President and to build upon
the responsibility which is shared by the Government and NTCA. It is
hoped that a meeting with the President of the United States will begin
a close working relationship between all agencies of the government with
this unique National Council of elected Indian leaders.
Background On American Indian Policy Review Commission:
The American Indian Policy Review Commission was established
by the 93rd Congress to review the responsibility of United States
of America to Indians. This includes a review of the trust relation-
ship, the Bureau of Indian Affairs, the federally-recognized and non-
recognized Indians of the country much in the fashion of the Merian
Commission of the 1920's. The purposes and the role of the American
Indian Review Commission makes this an important issue to Indians.
The Senate appointed Senators Abourezk, Hatfield and Metcalf while
the House of Representatives appointed Congressmen Meeds, Yates and
Steiger. These six (6) members, three (3) Senators and three (3) Con-
gressmen then appointed one Indian who was non-federally recognized,
one Indian to represent Urban Indians and three (3) Indians from the
federally recognized Indian community. Adolph Dial (Lumbee, North
Carolina) was appointed as a non-federally recognized Indian member.
Louis R. Bruce (Mohawk-Sioux, New York City) was appointed as an Urban
Indian member. The appointment from the federally-recognized Indian
community included: Ada Deer (Menominee, Wisconsin), Jake White
Crow (Quapaw, Oklahoma) and John Borbridge (Tlingit, Alaska). The
NTCA objected to the appointment of the three (3) individuals re-
presenting the federally-recognized Indians. This objection was
manifest in resolutions directed to the American Indian Policy Review
Commission and a copy is attached for your information.
The NTCA has petitioned the Commission to cease further activities
until the elected Indian leaders who represent the aspiration of the
federally-recognized Indians are involved. The NTCA wishes to discuss
this issue with the White House in the hope that the White House and
the Secretary of the Interior intercede to protect the interest of the
federally-recognized Indians if the Commission persists in carrying
out the provisions of the Bill which established the American Indian
Policy Review Commission. It is hoped that this might be mentioned
during the requested meeting with the President although we will not
expect the President himself to address himself to these details
during the meeting.
4
Background on the Indian Way of Life, Culture and Tradition of the
American Indian:
It has long been recognized that the culture and tradition of
the American Indian has been disappearing at an alarming rate in the
last centuries. This issue gained particular urgency in recent years
when laws were enacted to protect endangered species and use of plants,
water and other parts of the Indian environment and way of life. En-
forcement of bird protection laws (forty years after their passage),
use of plants, rivers and religious sites have continually placed the
Indians in violation of laws which have been enacted for other pur-
poses. Because of this, Indians have not knowingly violated the laws
of United States, but the laws of United States continually and in-
creasingly violate the culture and tradition of the American Indians.
Concern over this issue gave rise to the organization of the National
Association on American Indian Traditional and Cultural Activities
which was sponsored by the NTCA in 1974. The Association adopted
a position paper which is attached hereto for your information. It
is the desire of the NTCA that a discussion be held between the White
House and the NTCA to consider the issurance of an Executive Order
to perpetuate the Indian Culture and Tradition and indeed the Indian
way of life.
The foregoings are the issues which we would want to discuss with
the White House and for consideration by the President of the United
States. We recognize that a meeting with the President of the United
States would give recognition to the elected leaders of the federally-
recognized Indian and tribes in the manner which would give the
needed attention by all agencies of the government. If this proposal
is favorably entertained by the White House, we would be prepared to
meet with the President with a delegation of from 20 to 50 duly elected
Indian leaders who are officers and members of Board of Directors of
the NTCA.
The letter is being forwarded to you consistent with the under-
standing which we reached during our discussion in my office as noted
before. If you should require further information or have any ques-
tions, please feel free to contact me.
Sincerely yours,
William William Youpee youpee
Executive Director
Attachments
GERALD R. FORD
LIBRARY
ASSOCIATION
NATIONAL TRIDAL CHAIRMEN'S
ASSOCIATION
Suite 207 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006
202 - 343 9484
JUSTICE
September 2, 1976
STRENGTH
Honorable Thomas S. Kleppe
Secretary of the Interior
Department of the Interior
18th and C Street, N.W.
Washington, D.C. 20240
Dear Mr. Secretary:
It is with regret that we advised your office this morning that chairmen
representing the National Tribal Chairmen's Association would not attend the
meeting with you as scheduled for this. afternoon. We appreciate your willing-
ness to meet with us and understand that your responsibilities and resulting
schedule are demanding.
We realize that the Commissioner's telegram to President Wendell Chino
asked NTCA to determine the agenda and provide you and the Commissioner with
items to be discussed a week ahead. President Chino is a leader of his people.
He gives wisdom and direction, but when he speaks on behalf of NTCA it is
representative of the opinions of NTCA members. President Chino did not
believe it fair to submit an agenda which did not constitute the consensus of
NTCA's Board Members. It was not possible for this group to convene a suf-
ficient number of days prior to the meeting in order to prepare an agenda for
submission a week ahead.
NTCA board members met this morning, therefore, for the original purpose
of finalizing their ideas regarding the issues to be brought to your attention
and the manner in which they would be presented. Yesterday, however, I
received copies of President Mel Tonasket's letters of July 28 and August 19,
1976. We had not been sent copies of these letters by President Tonasket.
We felt concerned that the issues he chose for discussion with you, though
certainly of significance, were matters of concern to specific, individual
tribes, and were presented in such a technical manner, that only those chair-
men and attorneys involved in the particular cases could adequately address
them. We also felt that the manner in which the issues were presented was
not as conducive to meaningful communication as it could have been. Certainly,
Honorable Thomas S. Kleppe
September 2, 1976
Page 2
the broad overall problem indirectly addressed in the letters, that is, the
implementation of the Secretary's trust responsibility, is a matter of
national concern to all Indian tribes. We respect the right of the National
Congress of American Indians to conduct its dialogue with the Department
of the Interior in any manner which it chooses and to discuss issues which
it considers significant. At the same time, however, the National Tribal
Chairmen's Association will communicate with the Department in a manner and
regarding the issues which we believe most likely to assist both the Depart-
ment and the tribes in carrying out the responsibilities of each and resolving
the problems of federally recognized Indian tribes.
For example, we would like to discuss with you the implementation of the
trust responsibility to protect tribal natural resources. We would like to
seek ways that working together we can resolve some of the difficulties
which hinder that implementation, for example, the existence of the conflict
of interest. We believe that there are ways, even without the existence of
the Trust Counsel Authority, to alleviate that conflict. As you know, at
our Fourth Annual Convention in Albuquerque in several of the workshops held,
the conflict was examined and ways in which to assist in its resolution suggested.
These ways were further discussed at NTCA's board meeting held in Miccosukee,
Florida, which Deputy Under Secretary Ickes, Deputy Commissioner Frankel,
Mr. Theodore Krenzke, and Mr. LaFollette Butler attended. We would like to
talk with you personally about your support and assistance in our efforts to
resolve these issues, as well as others. Our conerns center around the issues
raised in our workshop papers and in the special objectives which NTCA has
set for accomplishment within the year following the convention. We have
discussed them with the Commissioner and with his staff and found that they
are receptive to a constructive working relationship. We strongly believe
that if these broad, basic issues are resolved at the national level, then we
will have gone far in alleviating the painful and repetitive problems which
exist at the tribal level as a result of these issues. We believe firmly
that the purpose of the National Tribal Chairmen's Association is to address
broad national issues and work toward their resolution. We also believe that
to accomplish such significant tasks, we need the support, assistance, and
encouragement of the high office of the Secretary of the Department of the
Interior.
We believe that as Secretary you are the principle trustee in the unique
relationship which exists between the Federal Government and federally recog-
nized Indian tribes. The National Tribal Chairmen's Association is composed
of the official elected or appointed leaders of one hundred and ninety fed-
erally recognized tribes. Membership in the organization is limited to official
leaders and is not open to individual tribal members. NTCA is, therefore,
a governmental organization which according to the preamble of its constitution
serves as the official voice of these leaders in promoting social, educational,
economic and governmental progress among their Indian people. The relation-
ship between the Secretary, as representative of the United States Govern-
ment, and the National Tribal Chairmen's Association is, therefore, a govern-
ment-to-government relationship, in which both work together to further the
FORD
Honorable Thomas S. Kleppe
September 2, 1976
Page 3
maintenance of the Federal Government's unique and continuing relationship.
with and responsibility to the Indian people. We respectfully request that
at the earliest possible time you meet with the Board Members of the National
Tribal Chairmen's Association in the spirit of good will and cooperation.
Please be advised that our staff is looking forward to working with your staff
in establishing the time, date, place and agenda for the meeting.
Sincerely,
Executive Kenneth E. Secretary Black Black
CC: Morris Thompson
Commissioner of Indian Affairs
NATIONAL TRIBAL CHAIRMEN'S REDUCIATION
NATIONAL TRIBAL CHAIRMEN'S
ASSOCIATION
Suite 207 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006
202 - 343-9484
October 8, 1976
UNITY
JUSTICE
STRENGTH
Honorable Bradley Patterson
Special Assistant to the President
The White House
Washington, D.C. 20500
Dear Mr. Patterson:
On behalf of the National Tribal Chairmen's Association may I express my
appreciation for your willingness to attend and participate in our Board Meeting
October 14, 1976. As you will note, we have included you on our agenda in the
opening minutes of the meeting and look forward to your remarks. Among other
topics which you may wish to discuss may I suggest the Interstate Congress for
Equal Rights and Responsibilities. We are, of course, concerned about the
activities of this group and like-minded organizations and individuals and would
like for you to share your knowledge of them with us and your direction to us
regarding what action we should take in the months ahead.
We look forward to being with you on Thursday morning.
Sincerely yours,
Nilliam youper
William Youpee
Executive Director
Enclosures
Tentative Agenda
National Tribal Chairmen's Association
Board of Director's Meeting
American Indian Bank
10:00 A.M.
October 14 and 15, 1976
Call to Order:
Wendell Chino, President, NTCA
Invocation:
Kenneth Black, Secretary, NTCA
Opening Remarks:
Wendell Chino, President, NTCA
Roll Call:
William Youpee, Executive Director, NTCA
Remarks:
The Honorable Bradley Patterson
Special Assistant to the President
The Honorable Morris Thompson
Commissioner of Indian Affairs
Dr. Emery A. Johnson
Director, Indian Health Service
Topics for Discussion: *
Interstate Congress for Equal Rigths and Responsibilities
Indian Health care Improvement Act, P.L. 94-437
Office of Indian Education, Bureau of Indian Affairs - Reorganization; JOM
Funding Allocation; Consultation Process
Training and Technical Assistance - Broadly, with emphasis on P.L. 93-638
Role Clarification - Pilot Project, Albuquerque Area
P.L. 93-638 Regulations Comments - NTCA Proposals
Office of Native American Programs - Program Review; Selection of Director
American Indian Policy Review Commission - Review and Follow-up
Indian Desk Consultation Scheduled
Reorganization of Senate Committees for Ninety-Fifth Congress
Legislative Proposals for NTCA for Ninety-Fifth Congress
Standing Committees - Reports
Bocastion merro
Coordneation
GERAID FORD LIBRAR,
Proilamention
BHO assignment
-2-
Ad Hoc Committees - Reports
Plans for Meeting with The Honorable Thomas S. Kleppe, Secretary of the Interior
*
Calls and letters of invitation have gone to Federal officials, other individuals
and organizations knowledgeable on these topics, asking their participation in
these discussions.
ERALLO FORD
THE WHITE HOUSE
WASHINGTON
IL ad has
Committees
Sept Get
FORDO it LIBRARY
NATIONAL TRIBAL CHAIRMEN'S ASSOCIATION
OBJECTIVIES AND PRIORITIES
1976, 77
I.
Expansion of P.L. 93-638 to all agencies (by means of proposed Executive order).
Supported by: Workshop/Panel I, Item 1
2.
Securing independent authority on the part of the Bureau of Indian Affairs and
the Office of the Associate Solicitor for Indian Affairs in the Interior
Department to advocate Indian positions through litigation and require adoption
and advocacy of that position by the Justice Department (by means of Adminis-
trative Action).
Supported by: Workshop/Panel II, Item 1
Workshop/Panel V, Item 2
3.
The creation of a permanent, effective coordinating organization in the White
House (by means of Administrative Action).
Supported by: Workshop/Panel III, Item 1
Workshop/Panel I, Item (B)
Workshop/Panel IV, Item 2
4.
Federal Government should recognize and deal with tribal governments as entities
with status no less than that of states (by means of Legislative Monitoring).
Supported by: Workshop/Panel IV, Item 1A, and 1B
5. Cecil Williams
Indian Rights Impact Statement (by means of Administrative Action).
Supported by: Workshop/Panel V, Item 3A
6.
The survival of Indian society depends on its ability to project itself into
the future. This projection will occur through Indian youth. The future
protection of trust natural resouces and Indian society depends upon the
development of Indian youth as Tribal leaders and their response to future
challenges.
National Tribal Chairmen's Association advocates training for Indian youth
not only in areas of policy making but also in the technical and profes-
sional fields, encouraged to take training in natural resources (by means
of a Policy Paper).
Supported by: Workshop/Panel VI, Items 3 and 4
NOTE: Each of the above priorities was selected as the number one priority from
each of the six Panel/Workshop groups. The remaining five priorities, 7-11,
are suggested for inclusion within a proposed total of 11 priorities for
primary action during the coming year. Should circumstances develop, Executive
Director is free to act on other recommendations not identified among these 11
priorities.
7.
Support I.H.S. and Indian Housing legislation and programs essential to federally
recognized tribes.
Supported by: Workshop/Panel IV, Item 5
8.
Strengthen tribal govenments through program support to maintain inherent sov-
ereignty of tribes and on their own terms build the capacity to man and manage
programs and to monitor the delivery of service.
Supported by: Workshop/Panel II, Items 4 and 5
Workshop/Panel IV, Item 3
Workshop/Panel VI, Items 2 ( see first and last paragraph of 2,
Recommended Action), 5, and 6
9.
Development of mechanism by which National Tribal Chairmen's Association would
have imput into the federal budgetary and appropriations process as required by
Act of June 18, 1934, 48 Stat. 984, as amended.
Supported by: Workshop/Panel I, Item 2
Workshop/Panel III, Item 2
Workshop/Panel I, Item B
Workshop/Panel IV, Items 4
Workshop/Panel VI, Item 1 (see second paragraph of 1, Recommended
Action)
10.
Development of programs where possible to acquaint state and local subdivisions
and citizens generally of nature and scope of tribal sovereignty and proprietary
interest in trust property.
Supported by : Workshop/Panel I, Item 3
Workshop/Panel II, Items 3 and 7
Workshop/Panel V, Item 4D (1)
11.
National Tribal Chairmen's Association as the focal point and advocate for
Indian tribes in all federal programs, decisions, and actions affecting
federally recognized tribes.
Supported by: Workshop/Panel II, Item 8
Workshop/Panel IV, Items 2A and 2B
Workshop/Panel VI, Item 2 (see second paragraph of 2, Recommended
Action)
TRIBAL
CHAIRMEN'S
NATIONAL
ASSOCIATION
NATIONAL TRIBAL CHAIRMEN'S
ASSOCIATION
Suite 207 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006
202 - 343-9484
UNITY
JUSTICE
STRENGTH
PANEL/WORKSHOP V
TRUST RESPONSIBILITIES
1. TRIBAL SOVEREIGNTY
A.
The Federal government's trust responsibility includes the protection of
tribal sovereignty from encroachment by other units of the government,
including the federal government.
B.
ACCOMPLISHMENTS:
None
C.
EVALUATION:
(1) While there has been some improvement in this area, the Justice
Department remains extremely reluctant to recognize its trust
responsibility to assist tribes in defending their sovereignty
when the issue becomes the subject of litigation.
(2) Despite numerous recommendations by NTCA-member Tribal Chairmen
that the 1968 Indian Civil Rights Act should be amended, nothing
has been done.
(3) The Interior Department Solicitor refuses to release a draft
opinion that states, in effect, that there are no legal barriers
to the exercise by the tribal governments of jurisdiction over
non-Indians located within the boundaries of the reservation.
(4) The 1968 Indian Civil Rights Act mandated that the Department of
the Interior cause to be published a model criminal code, a digest
of Solicitor's Opinions and an up-date of Cohen's Handbook of
Federal Indian Law, these documents are several years overdue.
The Department of the Interior should act with all deliberate speed
to complete this work.
(5) The Federal government in its protection of tribal sovereignty
must of necessity enhance and strengthen tribal sovereignty in
order that they can cope with constant attempts to undermine
that sovereignty.
D.
FURTHER ACTION:
(1) The President and Executive Board of NTCA draft and present to
the President of the United States a statement outlining the
responsibility of the federal government in the area of trust
responsibility and call upon the President to make it a policy
of his Administration that the Justice Department and the Interior
Solicitor support and assist the tribes when this issue is litigated.
(2) The President and Executive Board of NTCA develop, present and
secure adoption of a statement and acknowledgement by the President
of the United States of the federal government's trust responsi-
bility to protect tribal sovereignty as well as secure adoption
of that statement by the two national parties as a part of their
political platforms.
(3) NTCA President and Executive Board research and report on the
International treaties (for example: The Geneva Convention Treaty,
The Treaty of Guadalupe-Hidalgo, The Louisiana Purchase) affecting
and guaranteeing the rights of indigenous people.
(4) The President and Executive Board will evaluate and report to
affected tribes on the proposed legislation that will establish
200-mile fishing limit off the coast of the United States.
(5) The President and Executive Board urge the Attorney General to
adopt a policy of notifying Indian tribes in writing, with explan-
ation, when the Department of Justice refuses to provide requested
assistance in civil litigation or declines to prosecute in criminal
cases.
2. CONFLICTS OF INTEREST
A.
Protection of trust resources through the elimination of conflicts of interests
by posturing the trustee to advocate fully, vigorously and without reserv-
ation the rights and interests of the tribes against threats from any source;
by removing any constraints upon those federal officials charged with adminin-
tering the trust; and by serving as an advocate for the tribes and as an
adversary to those interests which conflict with and threaten tribal trust
resources.
B.
ACCOMPLISHMENTS:
(1) Establishment of the Office of Trust Responsibilities in the BIA
Central Office and in some Area Offices.
(2) Establishment of the Indian Resources Section within the Land
and Natural Resources Division in the Justice Department.
(3) Filing by the Interior Department of separate briefs in litigation
in which Indians trust resources are threatened or challenged.
-2-
(a) U.S. V. Critzer. The Fourth Circuit held for the Indian and
against the U.S., adopting the Interior view, in which a tax
prosecution of an Indian operating a motel and restaurant on an
assignment at Eastern Cherokee Reservation.
(b) Hollowbreast V. Northern Cheyenne Tribe. U.S. took no position
on whether Supreme Court should review 9th Circuit decision holding
that allottees, and not the tribe, owned coal resources beneath
allotted lands on reservation. Interior submitted separate views
supporting tribal ownership. Court agreed to hear case.
(c) Catherine Creek Dam. The Umatilla Tribe is suing the Corps of
Engineers to stop a flood control dam that would destroy a tribal
fishing site. Justice is defending the Corps. Interior's separate
views, supporting the Tribe, have been submitted to the Court.
No decision has been reached yet.
C.
EVALUATION:
(1) The establishment of these offices of separate briefs by
Interior represents a recognition by the executive branch of its
responsibility to free itself from constraints and to serve as
an advocate for the tribes. However, the recent decisions in
Quechan, Northern Cheyenne attorneys fees and tribal water codes
clearly indicate that full advocacy has yet to be realized.
D.
FURTHER ACTION:
(1) The Executive Committee will draft procedures and standards which
will serve to determine who is accountable for a federal action-
decision adverse to tribal rights and interests.
(2) The President of NTCA will forward the Committee's draft to the
President of the United States, urging immediate adoption of it
as a matter of policy, thus foregoing the needless delay of an
Executive Order or regulations.
(3) The President of NTCA will present the Committee's draft to the
two political parties for adoption in their platforms.
(4) The President and Executive Board urge the Secretary to accept
and implement the Comptroller General's opinion authorizing the
Department of the Interior to pay attorney fees in appropriate
FORD
circumstances.
3. INDIAN RIGHTS IMPACT STATEMENT
A.
Protection by the requirement thàt an Indian Rights Impact Statement must
be filed with the BIA and the tribe or tribes affected prior to finalization
of plans by any federal agency when a proposed action by such Agency will
affect tribal governments and their trust resources.
-3-
B.
ACCOMPLISHMENTS:
(1) BIA Commissioner has recommended to the Interior Secretary that
the Bureau of Reclamation file with the BIA for review and comment
any proposed irrigation project plans in order to determine whether
the proposed project might adversely affect Winters rights.
C.
EVALUATION:
(1) The Commissioner's recommendation is the first step forward to
realizing this objective; however, the Secretary has yet to respond.
D.
FURTHER ACTION:
(1) The Executive Board of NTCA will draft guidelines which must be
considered at a minimum in an Indian rights impact with guidelines
for implementation.
(2) The President of NTCA will present to the President of the United
States the guidelines for adoption by his Administration as a matter
of policy.
(3) The President of NTCA will seek adoption of the recommendation by
the two national political parties as a part of their platforms.
(4) The President of NTCA will advise the Commissioner to continue
his efforts to`have the Secretary adopt the Commissioner's recom-
mendation.
(5) The President and Executive Board of NTCA will cause the Secretary
of the Interior to develop a policy that will insure that the
interest of the Indian Tribes in ceded areas are recognized and
protected by federal agencies having administrative jurisdiction
over these areas; e.g. religious shrines and historical sites.
4. TRIBAL MANAGEMENT OF TRUST RESOURCES
A. Protection against exploitation of trust resources by implementing the policy
that tribal governments will have the major role in the management and develop-
ment of their trust resources.
B. ACCOMPLISHMENTS: None
C.
EVALUATION:
(1) There still remains substantial reluctance on the part of some BIA
officials to appreciate the ability of the tribes to manage their
trust resources efficiently and prudently, with Northern Cheyenne
and Crow as examples.
-4-
D.
FURTHER ACTIONS:
(1) The President and Executive Board of NTCA cause the Secretary of
the Interior to adopt a policy that the United States should firmly
recognize that all Indian nights to natural resources, including
rights to lands, water, timber, minerals and to hunt and fish, are
held by the United States in trust for the Indian tribes or individual
Indian owners. The full equitable ownership of these rights is in
the Indian tribes or individuals. This recognition should emphasize
that Indian rights to natural resources are completely separate
from other federally owned lands and rights, such as public lands,
national parks, monuments and wildlife refuges, and military reser-
vations, as well as historical sites and national forests.
(2) The President and Executive Board of NTCA urge the Secretary of
Interior to formally adopt the policy enunciated in the coal-leasing
policy statement as the policy for all tribal resource development.
(3) The President and Executive Board urge immediate hearings on and
enactment of Senate Bill 2652 which provides that information con-
cerning trust resources of an Indian Tribe be exempt from disclosure
under the Freedom of Information Act.
5. REASSERTION OF FEDERAL COURT JURISDICTION
A. Protection by the reassertion of federal court jurisdiction in regard to tribal
trust resources.
B. ACCOMPLISHMENTS:
(1) The Justice Department argued in furtherance of federal court juris-
diction before the Supreme Court in the Akin case.
C.
EVALUATION:
(1) Positive reaction as stated above.
D.
FURTHER ACTIONS:
(1) If the Supreme Court rules adversely to the tribes' interests,
member tribes should seek an amendment to the McCarran Act which
would exempt Winters rights.
(2) NTCA will present, if necessary, an amendment to the McCarran Act
to the two political parties for adoption in their platforms.
-5-
TRIBAL
CHAIRMEN'S
NATIONAL
ASSOCIATION
NATIONAL TRIBAL CHAIRMEN'S
ASSOCIATION
Suite 207 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006
202 - 343-9484
October 8, 1976
UNITY
JUSTICE
STRENGTH
(Identical letter to Bureau Officials; special letter to the Commissioner)
Dear
The National Tribal Chairmen's Association will hold a meeting of its
Board of Directors at 10:00 A.M., October 14th, in the Board Room of the
American Indian Bank. On behalf of the Association I extend to you a most
cordial invitation to attend. A tentative agenda is included for your reference.
We would appreciate your being with us at the opening of the meeting and
remaining as long as your schedule allows. Please make brief remarks to the
Board should you wish to do so. Board members may have questions and comments
which they will wish to bring up with you.
Under separate cover we have included a package of materials which we will
be discussing at our Board Meeting and with Secretary Kleppe in our meeting
with him on Friday, October 15th. These materials are not new to you nor to
most of the staff of the Bureau. Primarily they concern the special objectives
set by the Association for implementation during the coming year. It is these
objectives, other recommendations made in the Fourth Annual Convention Workshop
Papers out of which these special objectives grew, and the role and function
of the National Tribal Chairmen's Association as it relates to the Bureau, the
Department of the Interior and the Federal Government which we wish to discuss
with the Secretary.
In our Board Meeting we will further refine our presentation to the Secretary.
We certainly welcome your ideas which you would share with us regarding the
meeting with the Secretary, as to its content and manner of presentation. We
also thought these materials would be helpful to you in the event you are called
upon to assist in preparing the Secretary for the meeting. We are, of course,
providing the Secretary with these materials and information regarding the
matters we wish to discuss with him.
Sincerely yours,
William Youpee
Executive Director
Enclosure
ALD
October 27, 1976
Dear Bill:
Thank you for your letter of October 18 conveying
to us Resolution 10/76-1 of the National Tribal
Chairman's Association concerning LaFollette
Butler.
I am bringing this promptly to the attention of
Secretary Kleppe who will make the appointment
and also to the Honorable Doug Bennett here at
the White House who is the Director of the
Presidential Personnel Office.
Sincerely,
Bradley H. Patterson, Jr.
Mr. William Youpee
Executive Director
National Tribal Chairmen's
Association
Suite 207
1701 Pennsylvania Avenue, NW.
Washington, D.C. 20006
CC: Secretary Keeppe,
cc: Doug Bennett
SERATE % FORD
NATIONAL TRIBAL CHAIRMEN'S ASOCIATION
NATIONAL TRIBAL CHAIRMEN'S
ASSOCIATION
Suite 207 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006
202 - 343-9484
UNITY
JUSTICE
October 18, 1976
STRENGTH
Honorable Bradley Patterson
Special Assistant to the President
The White House
Washington, D.C. 20500
Dear Mr. Patterson:
On behalf of The National Tribal Chairmen's Association I respectfully
submit for your early consideration the enclosed NTCA Resolution, No. NTCA
10/76 - 1, recommending LaFollette Robert Butler be named Acting Commissioner
of Indian Affairs.
This Resolution was passed by the Board of Directors at its meeting
October 14, 1976.
Sincerely yours,
William William Youpee youper
Executive Director
Enclosure
FORD i LIBRARY 070830
TRIBAL
CHAIRMEN'S
NATIONAL
ASSOCIATION
NATIONAL TRIBAL CHAIRMEN'S
ASSOCIATION
Suite 207 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006
202 - 343-9484
UNITY
JUSTICE
STRENGTH
RESOLUTION
No. NTCA 10/76 - 1
WHEREAS, the Office of Commissioner of Indian Affairs will within the near future
become vacant due to the resignation of the present Commissioner, the Honorable
Morris Thompson, and
WHEREAS, the National Tribal Chairmen's Association has adopted a considered
approach to the selection of a person to act in the Office of Commissioner of
Indian Affairs, and
WHEREAS, in the exercise of that considered approach, there has evolved the identi-
fication of certain criteria which the Association believes a person occupying
this high office should meet, and
WHEREAS, these criteria include the following:
- knowledge of the Federal Government system;
- demonstrated management ability;
- knowledge of tribal government from a legal and an historical prespective;
- demonstrated commitment to the principle of tribal self-determination
and to the maintenance of the Federal Government's unique and continuing
relationship with and responsibility to the Indian people;
- knowledge of tribal government from a practical standpoint;
- awareness of tribal governments as distinct from Indian organizations;
- demonstrated ability to work with Indian organizations and tribal govern-
ments within their proper spheres;
- demonstrated accomplishment of long-term gains of nationwide significance
for tribal government and trust resources; and
WHEREAS, the National Tribal Chairmen's Association has for a considerable time
believed that the selection of persons to occupy positions of responsbility in
the Agencies of the Federal Government should involve the direction of Indian
tribes, and
WHEREAS, we now have in the Indian Self-Determination and Education Assistance
Act, endorsed by this Administration, the philosophy and commitment to Indian
tribal self-determination, which involves Indian tribal direction in Federal
governmental decisions affecting Indian tribes, and
WHEREAS, in his August 26, 1976, memorandum announcing the appointment of
Bradley H. Patterson, Jr., as his Special Assistant, President Ford requested
the heads of Federal Agencies to insure that when Federal actions are planned
which affect Indian communities, the responsible Indian leaders are consulted
in the planning process, and
WHEREAS, in the selection of the individual to occupy the Office of Commissioner
of Indian Affairs, the National Tribal Chairmen's Association does by this
resolution exercise its right and duty to recommend to the Secretary of the
Department of the Interior and to the President of the United States a specific
individual whom the Board of Directors of the Association has determined best
meets the essential criteria for that Office,
THEREFORE BE IT RESOLVED, that with great honor the National Tribal Chairmen's
Association recommends that LaFollette Robert Bulter be named Acting Commissioner
of Indian Affairs.
CERTIFICATION
It is hereby certified by the undersigned that the foregoing Resolution was
adopted by the Board of Directors of the National Tribal Chairmen's Association
in a duly constituted meeting on the 14th day of October, 1976, at which meeting
there was a quorum present and a majority of the Board members voting.
Hudell The
PRESIDENT
ATTEST:
SECRETARY
GENALO, FORD LIBRARY
NATIONAL TRIBAL CHAIRMEN'S ASOCIATION
NATIONAL TRIBAL CHAIRMEN'S
ASSOCIATION
Suite 207 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006
202 - 343-9484
UNITY
JUSTICE
STRENGTH
2 9 OCT 1976
Mr. Bradley H. Patterson, Jr.
Special Assistant to the President
The White House
Washington, D. C.
Dear Mr. Patterson:
We were honored that you took time from your very busy
schedule to address the Board of the National Tribal
Chairmen's Association at our last meeting.
We want you to know we sincerely appreciated the time and
information you gave us, and thank you very much for your
participation.
Sincerely yours,
William Youreer
William Youpee
Executive Director
L
Tentative Agenda
National Tribal Chairmen's Association
Board of Director's Meeting
American Indian Bank
10:00 A.M.
October 14 and 15, 1976
Call to Order:
Wendell Chino, President, NTCA
Invocation:
Kenneth Black, Secretary, NTCA
Opening Remarks:
Wendell Chino, President, NTCA
Roll Call:
William Youpee, Executive Director, NTCA
Remarks:
The Honorable Bradley Patterson
Special Assistant to the President
The Honorable Morris Thompson
Commissioner of Indian Affairs
Dr. Emery A. Johnson
Director, Indian Health Service
Topics for Discussion: *
Interstate Congress for Equal Rigths and Responsibilities
Indian Health care Improvement Act, P.L. 94-437
Office of Indian Education, Bureau of Indian Affairs - Reorganization; JOM
Funding Allocation; Consultation Process
Training and Technical Assistance - Broadly, with emphasis on P.L.93-638
Role Clarification - Pilot Project, Albuquerque Area
P.L. 93-638 Regulations Comments- NTCA Proposals
Office of Native American Programs - Program Review; Selection of Director
American Indian Policy Review Commission - Review and Follow-up
Indian Desk Consultation Scheduled
Reorganization of Senate Committees for Ninety-Fifth Congress
Legislative Proposals for NTCA for Ninety-Fifth Congress
Standing Committees - Reports
GERALD FORD LIBRARY
-2-
Ad Hoc Committees - Reports
Plans for Meeting with The Honorable Thomas S. Kleppe, Secretary of the Interior
*
Calls and letters of invitation have gone to Federal officials, other individuals
and organizations knowledgeable on these topics, asking their participation in
these discussions.
FORD is LIBRARY CERALD