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
26080419
label
Avent, Loretta/Intergovtal [Intergovernmental] Affairs [2]
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
26080419
sourceUrl
contentType
document
title
Avent, Loretta/Intergovtal [Intergovernmental] Affairs [2]
citationUrl
collections
Records of the First Lady's Office (Clinton Administration)
Margaret “Maggie” Williams' Subject Files
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
26080419
levelOfDescription
fileUnit
otherTitles
42-t-2194630-20130359S-Seg2-004-007-2015
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
0487ceec2344a4e2
ocrText
Floutta
OF
THE UNITED the TO
Post
SEAL SEL L.S.
V
7
Indian
NY
The White House
HIM HIND
Required #######
anmt Im:
SENT BY
3-20-95
10:23AM
:
GALLAGHER & KENNEDY-515#001#0006#1202456 2/ 1
A6
The Arizona Republic
Monday. March 20, 1995
Tribes treated as nations, not wards of U.S.
New diplomacy for Indians
By Jeff Barker
administration to refer to tribes as nations and to address
Republic Washington Bureau
their leaders as "president" or other formal titles.
WASHINGTON - Housing and Urhan Development
The change to the elevated language of diplomacy is
Secretary Henry Cisneros was addressing a roomful of
more than cosmetic. It signals a significant transformation
Indian leaders at the White House recently when he paused
in the relationship between Indians and the federal
in the middle of 3 sentence.
government.
Cisneros was telling the tribal heads that he hoped to
More than ever, Indians are asserting their right to
visit as many reservations as possible to inspect housing
participate in nation-to-nation partnerships with the
conditions. Before reaching the word "reservations." the
United States rather than being treated as wards of the
Cabinet secretary stopped. He said "nations." A White
government.
House liaison 10 Indian Country stepped to the
Tribal leaders, encouraged by the administration, have
microphone, smiled approvingly and said Cisneros
increased their communication with Washington.
"catches on fast."
Cisneros' double clutch reflects a push by the Clinton
- See INDIANS', page Ao
Ferrell Secakuku
(right), chairman
of the Hopi Tribal
Council in
Arizona, meets
with Rep. Ralph
Regula, R-Ohio,
on Capitol Hill
last week. Tribal
leaders.
encouraged by
the Clinton
administration,
have increased
their
communication
with Washington.
Photopress
-SENT BY
3-20-95 10:23AM : GALLAGHER & KENNEDY-515#001*0006#1202456 # 3/ 1
RIN
Special for The Arizona Republic
Sen. Daniel Inouye, D-Hawaii, (second from left) meets last week with (clockwise, starting at center) Hopi Tribal Council
Chairman Ferrell Secakuku, staff assistant Kim Secakuku, and members Clifton Ami, Cedric Kuwaninwayaya and Alex-
ander Ani. The administration has encouraged tribes to be treated as nations, which has improved communications.
Major success story
Their contacts come in settings that
The administration considers the
can produce results for their people.
In recent weeks. tribal leaders have
tribes' inroads a major success story,
met with Ciancros about Indian
even if that story is little known
housing shortages. challenged the
outside Indian Country.
scope of federal and state taxation on
"What's emerging, I think, is going
Indian land, and buttonholed Trea-
to be satisfactory to everyone, pro-
vided we do it carefully," Interior
sury officials about improving tribes'
Secretary Bruce Babbitt said. "Indian
access to bank credit. In Washington
tribes will continue to develop in a
society. Indian officials are more
way in which they resemble govern-
likely than ever to show up at White
ments rather than sort of wards of the
House state dinners or receptions.
Bureau of Indian Affairs."
Seeking to bolster their indepen-
The tribes' first step has been to
dence, dozens of libes also have
change the culture in Washington.
signed up for a program under which
Many tribal leaders believe Indians
they may manage and disperse federal
have been unfairly categorized for
funds for education. law enforcement
years as just another spccial-interest
and economic development without
group competing for federal dollars.
interference from federal bureaucrats.
The tribes believe they should be set
"It's just A historic eΓa that we're
apart because they surrendered so
entering into, a bench mark in
much land in treaties and because of
federal-tribal relations." said Ron
their status as descendants of the first
Allen. chairman of the Jamestown
Americans.
Band of Klallarn Indians in Washing-
"People have been educated in
ton state. "The administration clearly
clementary and secondary schools
has provided the tribes an opportunity
about sovercigns: federal and state
to advance the government-to-govern-
government," said Albert Halc, presi-
ment relationship into 2 more mean-
dent of the Navajo Nation, which
ingful context."
extends into Arizona, New Mexico
and Utah. "People aren't taught there
is another sovereign in the mix. You
-SENT BY:
3-20-95
10:24AM
GALLAGHER & KENNEDY-515#001*00061202456 1
have to continually cducate them."
leaders of 30 tribes.
Eager to embrace the new relation-
It was an opportunity to get
ship, the administration has sought to
answers from a Cabinet officer who
make Indians feel as welcome as other
had once been so elusive to Indian
heads of state. Loretta Avent, a
officials.
deputy assistant to the president for
The tribal leaders did not waste
intergovernmental affairs, meets with
their opportunity. They pressed Cisne-
an average of 20 to 30 tribal leaders a
ros about & program that helps
week. Recently. she invited Hale to sit
low-income Indians get housing.
in the president's box for a musical
Under the program, housing recipi-
performance at the Kennedy Center.
ents are assessed 30 percent of their
She also has appealed to White
income by HUD.
House staff members to treat top
But the Indian leaders complained
Indian officials the same way they
that the program is a disincentive to
treat governors.
working.
"You think staff members called
"When their wages go higher.
(former New York Gov.) Mario
HUD takes more," said Arcadio
Cuomo, 'Mario?' Avent said. "I just
Gastelum, chairman of the Pascua
say it very simply: The first place you
Yaqui Tribal Council in Arizona. "So
start in respecting sovercign rights is
my tribal members say, 'Don't give
respecting sovereign leaders.'
me a raise.' The incentive to go to
Better treatment seen
work and get better wages is shot
down."
Indian nations already have begun
Cisneros told the audience hc
to SCC a substantive change in the way
understood. He said the department
some federal agencies approach them.
was exploring whether such rental
Increasingly, agencies are dealing
increases could be gradually phased in
directly with tribes instead of using
to blunt their impact.
states as я "middleman" in adminis-
"We want to be a positive force and
tcring funds.
a partner with you," Cisneros said.
"When it goes into the states, not
"Give us the benefit of the doubt. Let
only do we get little or no money at
us try before you assume we cannot
all, we also have to give up our
do it"
sovereign rights to deal with the state
governments," Ferrell Secakuku,
Challenging authority
chairman of the Hopi Tribal Council
As part of the strong decaration of
in Arizona said during a recent trip to
their soverelgnty, Indians have been
Washington. "We are supposed to be
challenging federal and state authority
on the same level."
on reservations.
Allen said Indians have had partic-
For example. Hale has complained
ular success dealing with HUD and
that Indian courts lack authority to
the Environmental Protection
prosecute non-Indians who commit
Agency. The EPA has established an
crimes in Indian Country, even for
American Indian Environmental Of
misdemeanors.
five w deal directly with tribes, and It
Janet Napolitano. U.S. attorney for
plans to soon grant the tribal nations
Arizona, agreed that such a doctrine
authority to administer programs
was a handicap but said federal
under the Clean Air Act.
authorities have taken a number of
"And we've seen HUD shifting
steps to help. The measures include
their policies so as not to force tribes
offers of FBI-style training to Navajo
in have in deal with states and not to
officers and authorization for tribal
compete with states," Allen said.
prosecutors to bring select cases into
"They've clearly identified programs
federal court.
and conditions that are reflective of
Tribal officials also are mounting
the tribes' sovereign status."
challenges to the scope of taxation by
Housing. is я priority in Indian
federal and state governments.
Country. On some reservations, In-
"Now that tribes are getting into
dian families are doubled or tripled up
economic development, everybody
with other families while they wait on
seems to think WC have a lot of
long lists for their own homes.
money," said Gastelum, of the Pascua
For that reason, Avent included
Yaqui council. "We're afraid once
Cisneros among the administration
they come in and tax one enterprise,
officials invited to the White House
they will keep taxing on everything we
on March 9.10 to meet with the
do."
Tribal/Federal Consultation Process
Draft Proposal
This is a draft proposal regarding the Tribal/Federal consultation process. It was
developed with input from a number of Tribal leaders. However, the "consultation" process,
which this proposal discusses, is far from complete on the proposal itself. The proposal needs
considerable discussion within the federal and Tribal communities in order to ascertain its
appropriateness and level of effectiveness.
This proposal represents the minimum level of consultation which would be expected from
federal agencies. It is not intended to represent the full range of consultation for which an agency
or department is required or wishes to do. The proposal was developed as a beginning point to
enhance the consultation process and it is fully expected that once the minimum level is established
that Tribal/Federal consultation interactions will grow in a number of meaningful and effective
ways.
Another goal of this proposal is to set a basic framework for consultation which reflects the level
of resources available to both Tribes and Federal departments and agencies. Therefore, it utilizes a
resource (fax equipment) which is readily available to most organization and begins to explore the use of
the Internet as another tool for information exchange. While it only calls for one "face-to-face" meeting
it is fully expected that federal agencies will continue to meet with Tribes as they do today. The one
meeting discussed in the proposal is simply for the purpose of identifying key issues which Tribal
leadership believe needs to be at the forefront of Tribal/Federal discussions and to insure that at least
once a year, the highest officials from each department or agency will be available for discussion pur-
poses.
This proposal suggests the use of executive summaries for providing Tribes with concise infor-
mation on issues. A major concern of Tribes is that the quantity of information from all government
sources is simply overwhelming and that many important issues go without proper attention simply
because they cannot adequately respond to all. The proposal seeks to enhance the Federal Register
process -- not replace it or diminish its use.
Finally, this proposal attempts to lay-out a mechanism in which the White House identifies lead
agencies for issues which are of concern to the Tribal community, thus requiring more inter-agency
communication to bring holistic approaches to problem-solving. Tribes expect issues to be addressed in
a concerted manner -- not each agency individually. This facet of the proposal would insure that there is
a proper level of inter-agency interaction on all key issues.
Background: The federal government wishes to establish a consultation process with Native American
Nations which is consistent, efficient and, most importantly, effective.
Issues: Tribes expect a significant level of consultation on all issues which relate to them directly or
indirectly based on this Nation's government to government relationship with Tribes.
There are
553 separate Native American Nations varying dramatically in size, and in ability to absorb vast quanti-
ties of information. There are many federal agencies which have an impact on Native Americans,
although, in most of those agencies, the resources allocated to Native American issues are small.
Proposal:
1.
Identify through the Domestic Policy Council a core group of federal agencies which will be
required to participate in a specific consultation process. Establish a written agreement signed by the
Secretary or equivalent official at each agency outlining the agreed-upon process. Implement consulta-
tion process AFTER consultation with Tribes within 30 days.
2.
Tribal governments and federal agencies coordinate with the Domestic Policy Council to identify
a set of key issues and a lead agency for each of those issues; e.g. Courts - DOJ, housing - HUD, eco-
nomic development - Interior. Provide all Tribes with a regularly updated listing of "lead" agencies on
particular issues.
3.
Establish a process for the electronic transmission of tribal briefing papers on issues of policy
and budgetary importance (both BIA and DOJ have already established a "broadcast fax" process.) All
agencies with major Tribal relationships need to establish a similar process or to establish a relationship
with BIA or DOJ to use theirs. Similarly, Inter-Tribal associations who wish to act as a conduit between
the Tribes and federal agencies must establish a mechanism for the timely retransmission of information.
Agencies will transmit directly to Tribes where the issues are of such magnitude and of a time-
sensitive nature to warrant the additional expense. Otherwise, agencies will transmit to Inter-Tribal
associations with those organizations reviewing the information and retransmitting to their members.
4.
Establish a format for "Tribal Executive Summaries" which is used by the core agencies identi-
fied by DPC. The format should be;
a.
concise, short (no more than 3 pages) and clear.
b.
should clearly identify the agency and subject.
C.
should provide direction on where to find additional information and a response
mechanism for questions or comments.
d.
Clearly identifies the status of the information (e.g. draft, proposal, final decision)
5.
Establish ONE annual meeting hosted by the Department of Interior in Washington, D.C. with
mandatory participation for all core agencies and optional participation by other agencies with Native
American issues. The meeting should be planned well in advance to give the Tribes, as well as the
agencies, the ability to carefully set the most important issues on the agenda. Furthermore, the agencies
should have the highest ranking officials possible attend the appropriate portions of the session.
6.
The Bureau of Indian Affairs to develop and maintain the following information which will be
available to all agencies at all times in both a written and electronic format (Wordperfect, dBase, e.g.):
a.
an updated listing of Tribes, Tribal leaders, address, phone number and fax number.
b.
an updated listing of all national organizations, addresses, phone numbers, fax numbers
and organizational contact.
c.
an updated listing of all regional Tribal organizations, addresses, phone numbers, fax
numbers and organizational contact.
7.
All lead agencies to develop similar listings in their primary areas of responsibility.
8.
Explore greater use of networks and telecommunications for enhancing the consultation process.
Use the Internet and World Wide Web to begin the process of expanding inter-agency, inter-Tribal and
Tribal-federal communications.
The White House
National Tribal
Organizations
Federal Agencies
regional Tribal Associations
and
subject-specific organizations
Tribes
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
April 29, 1994
April 29, 1994
Staff-
EMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
Don Make Nessy. Schmed HUD
SUBJECT:
Government-to-Government Relations with
Native American Tribal Governments
The United States Government has a unique legal relationship
with Native American tribal governments as set forth in
the Constitution of the United States, treaties, statutes,
Mike Lincolm
and court decisions. As executive departments and agencies
undertake activities affecting Native American tribal rights
or trust resources, such activities should be implemented in a
Andrea
knowledgeable, sensitive manner respectful of tribal sovereignty.
Today, as part of an historic meeting, I am outlining principles
that executive departments and agencies, including every com-
ponent bureau and office, are to follow in their interactions
SBAe
with Native American tribal governments. The purpose of these
principles is to clarify our responsibility to ensure that the
Exteen James
Federal Government operates within a government-to-government
relationship with federally recognized Native American tribes.
I am strongly committed to building a more effective day-to-day
working relationship reflecting respect for the rights of self-
all day-
government due the sovereign tribal governments.
In order to ensure that the rights of sovereign tribal
governments are fully respected, executive branch activities
shall be guided by the following:
80-100 450
(a) The head of each executive department and agency
shall be responsible for ensuring that the department or agency
operates within a government-to-government relationship with
federally recognized tribal governments.
(b) Each executive department and agency shall consult,
to the greatest extent practicable and to the extent permitted by
law, with tribal governments prior to taking actions that affect
federally recognized tribal governments. All such consultations
are to be open and candid so that all interested parties may
evaluate for themselves the potential impact of relevant
proposals.
more
(OVER)
2
(c) Each executive department and agency shall assess
the impact of Federal Government plans, projects, programs,
and activities on tribal trust resources and assure that
tribal government rights and concerns are considered during
the development of such plans, projects, programs, and
activities.
(d) Each executive department and agency shall take
appropriate steps to remove any procedural impediments to working
directly and effectively with tribal governments on activities
that affect the trust property and/or governmental rights of the
tribes.
(e) Each executive department and agency shall work
cooperatively with other Federal departments and agencies to
enlist their interest and support in cooperative efforts, where
appropriate, to accomplish the goals of this memorandum.
(f) Each executive department and agency shall apply
the requirements of Executive Orders Nos. 12875 ("Enhancing the
Intergovernmental Partnership") and 12866 ("Regulatory Planning
and Review") to design solutions and tailor Federal programs, in
appropriate circumstances, to address specific or unique needs of
tribal communities.
The head of each executive department and agency shall ensure
that the department or agency's bureaus and components are fully
aware of this memorandum, through publication or other means, and
that they are in compliance with its requirements.
This memorandum is intended only to improve the internal
management of the executive branch and is not intended to,
and does not, create any right to administrative or judicial
review, or any other right or benefit or trust responsibility,
substantive or procedural, enforceable by a party against the
United States, its agencies or instrumentalities, its officers
or employees, or any other person.
The Director of the Office of Management and Budget is authorized
and directed to publish this memorandum in the Federal Register.
WILLIAM J. CLINTON
# # #
TABLE OF CONTENTS
REPORT FROM THE DEPARTMENT OF AGRICULTURE
1
REPORT FROM THE DEPARTMENT OF COMMERCE.
6
REPORT FROM THE DEPARTMENT OF DEFENSE.
9
REPORT FROM THE DEPARTMENT OF EDUCATION
10
REPORT FROM THE DEPARTMENT OF ENERGY
12
REPORT FROM THE ENVIRONMENTAL PROTECTION AGENCY
14
REPORT FROM HEALTH AND HUMAN SERVICES
18
REPORT FROM HOUSING AND URBAN DEVELOPMENT
24
REPORT FROM THE DEPARTMENT OF THE INTERIOR
28
REPORT FROM THE DEPARTMENT OF JUSTICE
42
REPORT FROM THE DEPARTMENT OF LABOR
52
REPORT FROM THE SMALL BUSINESS ADMINISTRATION
56
REPORT FROM THE DEPARTMENT OF TRANSPORTATION
59
REPORT FROM THE DEPARTMENT OF TREASURY
61
REPORT FROM VETRANS AFFAIRS
65
DEPARTMENT OF AGRICULTURE
Activities
The U.S. Department of Agriculture (USDA) works with Native American Tribal
Nations on a regular basis with respect to its programs, including housing, nutrition
and loan programs, and specifically through three major programs solely for Native
Americans. USDA has a Director of Native American Programs and a Working
Group for Native American Affairs that reports to the Secretary, whose responsibilities
are to ensure that Native Americans have access to the services and programs of
USDA's agencies. The Department has also published a pamphlet which it regularly
distributes to increase awareness among Native Americans.
USDA efforts to improve service to Native American communities have taken two
directions. One is directed at increasing the understanding of USDA agencies in the
Federal trust responsibilities that apply to certain relationships with Tribal members
and Tribal Governments. The other is to meet the outreach and technical assistance
mandates of the Food, Agriculture, Conservation and Trade Act of 1990 to increase
program participation by Tribal members.
USDA agency state directors, regional staff, and headquarters officials participated,
along with Tribal Leaders, in two workshops sponsored by the Natural Resources
Conservation Service (NRCS) and the Terrene Institute in 1994 specifically targeted
for those states with large reservation land holdings. For Federal officials, the
program focused on an overview of treaties, trust responsibilities, and land ownership
issues. For Tribal Leaders, the programs provided an orientation to USDA resources
available to Indian lands. The meetings were held as part of a multi-year cooperative
agreement with the Intertribal Agriculture Council, and they were a part of the
continued effort of USDA to build government-to-government relationships with
Native American Tribal governments, in keeping with the spirit of President Clinton's
directive. Indian culture, protocols, legal responsibilities and team building with the
tribes were emphasized.
The most successful outreach efforts exist where USDA is providing service through
full time offices and consolidated suboffices located on reservations. Those offices
were exempt from the reductions on office sites imposed in the recent restructuring of
local USDA service centers and will be maintained.
1
Accomplishments in Major Programs Serving Native Americans
The Forest Service's (FS) Tribal Government Policy and Program. The FS established
this policy and program to strengthen its relationship with Tribal Nations, and it has
four major points: (1) Maintaining governmental relationships with federally
recognized Tribal Governments; (2) Implementation of FS programs and activities
honoring Indian treaty rights and fulfilling legally mandated trust responsibilities to the
extent that they are determined applicable to National Forest system lands; (3)
Administering programs and activities to address and be sensitive to traditional native
religious beliefs and practices; and (4) Providing research, transfer of technology and
technical assistance to Indian governments.
Implementation of the policy is underway at all levels of the FS to develop effective
government-to-government relationships with American Indian Tribal Governments
and Alaskan Natives. Some of the activities of this relationship are: Coordinating the
management of National Forest lands and resources with adjacent Indian Tribes;
including tribes in the assessments of strategic issues such as the timber, wildlife and
fish issues in the Northwest; honoring reserved rights such as the exercise of hunting,
fishing, gathering and grazing on present day National Forests by regularly consulting
with the affected Indian tribe or tribes; consulting with traditional spiritual Tribal
Leaders on cultural practices such as the gathering of basket materials from National
Forests or the conducting of ceremonies on National Forest lands; and providing and
sharing technology, research and technical skills and knowledge with Indian Tribes.
Tribal Governments are also being included in training and planning activities more
regularly as well as being provided opportunities to present tribal perspectives on
natural resources or Tribal cultures.
To further help the FS consult and work effectively with Tribes, the FS has recently
issued a working draft of the Forest Service National Resource Book on American
Indian and Alaskan Native Relations, which provides information to all FS employees
on the governmental status of federally recognized Tribal Nations.
The Cooperative Research, Education and Extension Service's (CREES) Native
American Institutions Endowment Fund. This new USDA land-grant program is a
1996 budget initiative proposed to strengthen undergraduate programs in the food and
agricultural sciences at Tribal Colleges. The food and agricultural system has almost
no American Indians in scientific and professional leadership roles, and Tribal
colleges, which have the potential to reach the largest numbers of such students, do not
have the resources to launch their students into these fields. CREES will manage the
program, seeing that funds generated on the endowment each year are distributed as
indicated to the twenty-nine institutions. These institutions will be linked to other
land-grant institutions, as well as non-land-grant institutions with teaching activities in
the food and agricultural sciences, by incorporating their faculty into ongoing teaching
workshops, peer-review panels, and other education-founded events co-sponsored by
2
USDA and other Federal agencies.
The Food and Consumer Service's (FCS) Food Distribution Program on Indian
Reservations. The FCS is working hard to improve the nutritional quality and variety
of commodities provided to low income Indian households through this program,
which is offered in lieu of food stamps. In addition, because of significant diet related
health problems among Indian households, the FCS has begun a major nutrition
education initiative to improve the diet and health of low income Indians. These
activities are undertaken with the advice of an Advisory Council on which Indian tribal
organizations have a representative.
Additional Programs and Accomplishments
The Consolidated Farm Service Agency (CFSA) has been working with different
Tribes on outreach programs for long-range planning, on empowerment communities
that include Tribes, and on specific requests from Tribes on cooperative methods
training. CFSA administers an Indian Land Acquisition Loan Program to assist Tribal
Governments in purchasing lands within their reservations, primarily to eliminate
fractional heirships and to round out farm and ranch units. CFSA has directed county
offices to take positive steps to improve Indian participation on local farmer-elected
committees. Counties have been directed to increase contact with Tribal Governments
and Tribal realty officials to ensure that all eligible Indian landowners are aware that
they can participate in elections for local committees which administer USDA crop,
conservation, insurance, and farm credit programs. Offices are working directly with
Sovereign Tribal Governments and the Bureau of Indian Affairs to update the mailing
lists and databases of agricultural producers and landowners.
Further, to restructure the CFSA county committees, as provided in the Department of
Agriculture Reorganization Act of 1994, Public Law Number 103-354 (P.L. 103-354),
new procedures and regulations will stress the importance of setting up local
committee election districts to encompass reservation areas as a unit. Numerical
advantage in election areas should help to increase Indian representation on
committees.
P.L. 103-354 also included authority to reform the Federal crop insurance program.
Because of the changes, the Federal Crop Insurance Corporation (FCIC) under CFSA
has been working closely with the Intertribal Agriculture Council (IAC) for the past
few months in an outreach effort to inform Indian communities about catastrophic crop
insurance and the new benefits of and regulations for the Crop Insurance Program.
Since Native American producers typically haven't participated in USDA crop
insurance programs, there was concern that producers would miss the deadlines and
have no assistance at all if losses occur. The Montana Regional Service Office in
Billings has participated in several IAC conferences and has developed a good working
3
relationship with them. They are working with the IAC and the individual tribes to
provide a level of service to Native American producers comparable to that provided
to non-Native American producers. They have been focusing on increasing awareness
and addressing concerns such as crop insurance record requirements and insurance
coverage for rangeland and timber.
NRCS works closely with Tribal Governments on a regular basis, since it deals
directly with people in the field and it has the flexibility to have offices on
reservations. NRCS provides technical assistance and service, primarily for
conservation planning, and also for watershed planning, water quality assessments and
grazing lands planning and range assessment. NRCS is also working to complete soils
mapping of reservation lands. It has completed soil surveys on approximately 40
million acres of Native American lands, and has established suboffices on Native
American reservations to conduct more surveys and to facilitate the delivery of
services and programs. NRCS has fifteen full-time offices and thirteen sub-offices on
reservations, and is working closely with the IAC to establish more offices on those
reservations with over 10,000 acres. In addition, there is a budget initiative proposed
in the 1996 budget to increase funding for NRCS technical assistance and services on
reservations.
NRCS has initiated a four-part agreement with the IAC aimed at improving NRCS
program delivery to the Indian reservations. The agreement includes providing a
database on Indian operators, a review of manuals and regulations to determine
impediments to Indian participation, developing training materials for establishing
conservation districts on Indian reservations, and providing on-site training to new
districts.
Rural and Economic Community Development (RECD) provides community
development related research, educational and technical assistance upon request. The
Cooperative Services Division is providing assistance to two Native American groups
that are in the process of forming cooperatives, the Din'eh Bi' Arts Cooperative, and
the Oglala Lakota Sioux Craft Cooperative. RECD also administers the Business and
Industry Loan Program, the Intermediary Relending Program and other loan programs
focused on small community and rural development that are also available for Native
American cooperatives and Tribal Governments.
The Animal and Plant Health Inspection Service (APHIS) has programs that involve
cooperative efforts with and on the lands of Native Americans. Additionally, APHIS
units are actively involved in establishing and enriching relationships with Native
Americans, providing technical assistance for aquaculture protection advice, salmon
smolt protection, beaver control, and other areas. APHIS has also helped tribes with
animal control, such as the Passamaquoddy Tribe in Maine with rat and black bear
control after a landfill site closed and the Standing Rock Sioux Tribe in South Dakota
with grasshoppers. As a regulatory agency, APHIS is also actively seeking views of
4
Tribal Nations in cases where regulatory requirements might significantly or uniquely
affect tribes and attempting to minimize those burdens on the Tribes.
The Foreign Agriculture Service (FAS) works with tribes, individuals and trade
organizations to help Native Americans export products. FAS has been working
closely with the American Indian Trade Development Council (AITDC) in Seattle to
increase awareness of export programs, including the Foreign Market Development
Program and the Market Promotion Program, to help Native American businesses that
are interested in exporting. FAS actively seeks out Native American businesses
through organizations like the AITDC, which sponsors seminars and training sessions
to help businesses learn how to find markets and buyers overseas and promote their
products.
The Cooperative State Research, Education and Extension Service (CSREES)
administers an Extension Indian Reservation Program (EIRP), and works with Tribally
Controlled Colleges. CREES has for the first time invited Native American
organizations to participate actively in the process of allocating EIRP resources to the
thirty Reservation Extension Agent projects. This has allowed those organizations to
gain some direct exposure to the nature, scope and variety of EIRP programs, and to
provide suggestions for future directions.
As a result of these programs and efforts, USDA has established a good working
relationship with the IAC and with many individual Tribes as well. The Department
of Agriculture will continue to strengthen the relationships it has begun and to build
new ones.
5
DEPARTMENT OF COMMERCE
The Department of Commerce's Policy on American Indians and Alaskan Natives
In November 1994, Secretary Brown, in response to President Clinton's Memorandum
of April 29, 1994, directed Commerce's office of Civil Rights to draft a Departmental
policy on American Indians and Alaskan Natives. The draft policy statement was
developed in consultation with Commerce's American Indian and Alaska Native
employees and the Department's Diversity Council, and, in December 1994, was sent
to all federally-recognized Tribes for their review. In all, twenty written and verbal
comments were received from Tribes.
In March 1995, Secretary of Commerce Ronald R. Brown signed the Department's
first policy statement recognizing the government-to-government relationship with
American Indian and Alaskan Native Tribal Governments. The policy affirms the
Department's commitment to consult with Tribal Nations when developing programs
or policies affecting Tribes; remove impediments to developing a working relationship
with Tribes; strive for inter-agency coordination on issues affecting Tribes; and ensure
access to Departmental programs that will assist Tribes in building strong and stable
economies.
Activities and Accomplishments
In June 1994, the Department's National Oceanic and Atmospheric Administration
(NOAA) entered into a Memorandum of Understanding with the Confederated Salish
and Kootenai Tribes of the Flathead Reservation located in northwest Montana.
NOAA will install and operate an automated local flood warning system for the
Flathead Safety of Dams Program, Early Warning System. This includes selecting
equipment, providing technical assistance, maintaining software, providing advisories,
and monitoring hydrologic forecast models.
In September 1994, Secretary Brown met with American Indian and Alaskan Native
Department employees.
In November 1994, Commerce's National Telecommunications and Information
Administration (NTIA) awarded a grant in the amount of $150,000 to the Native
American Public Broadcasting Corporation under the Telecommunications and
Information Infrastructure Assistance Program (TIIAP). This grant is a comprehensive
planning grant leading to a demonstration project to link all sovereign Tribal Nations
to the Information Superhighway.
6
National Weather Service (NWS) Director Friday met with staff of the Navajo Nation
Department of Water Resources Management to initiate dialogue on : (1) The need to
provide upper air coverage for the Navajo Nation after the closing of the Winslow,
Arizona National Weather Service Office; and (2) The need to include the Navajo
Nation permanently in the national infrastructure for the collection and dissemination
of weather information throughout the establishment of a NWS office in the Navajo
Nation and through inclusion in NEXRAD and associated systems. The meeting was
fruitful and will result in continuing dialogue.
In November 1994, Deputy Secretary Barrum addressed the National Congress of
American Indians in Denver and announced the timetable for the development, review,
and implementation of the Department's policy statement on American Indians and
Alaskan Natives.
In January 1995, Deputy Secretary Barrum was appointed to the Domestic Policy
Council's Working Group on Indian Affairs.
In February 1995, Department recruiters visited three Tribal Colleges for the purpose
of soliciting interest among American Indian students for the Department of
Commerce Summer Intern Program.
In February 1995, the Department sponsored an outreach and development seminar
aimed at encouraging greater participation of minority and women-owned firms in the
Department's programs. The seminar was conducted in the southwestern U.S., home
to a significant number of American Indian businesses. The Vice-President of the
Navajo Nation and other representatives of the Navajo Nation were invited and
attended this seminar at the Navajo Nation. Attendees were informed about trade
promotion services that are available to them from the Department, as well as
upcoming opportunities for participation in U.S. trade missions to foreign countries.
As a result of this seminar, the Secretary is working to promote a Commerce-led trade
mission with the Navajo Nation and a number of Tribes to Europe to promote trade
with Tribal Nations.
In April 1995, the Secretary signed a Memorandum of Understanding between the
Department and the American Indian Science and Engineering Society. The MOU
provides the framework for mutually rewarding relationships between the Department
and AISES.
In May of 1995, fourteen summer interns will begin work at various Bureaus in the
Department as a result of the AISES MOU listed above. An undetermined number of
other American Indian students will be placed as well.
7
Commerce's Minority Business Development Agency (MBDA) funds a project through
the National Indian Business Association to plan, organize, and coordinate the
promotion of American Indian business and develop a comprehensive data base of
American Indian firms to match foreign markets with American Indian products and
services.
MBDA also funds a project to update the reference book, Federal and State Indian
Reservations and Indian Trust Areas, as well as an initiative by the American Indian
Trade and Development Council to promote entrepreneurial development among the
American Indian business community.
MBDA has conducted seminars on the Navajo and Cherokee reservations to inform
interested entrepreneurs about the risks and rewards of franchising as a business
pursuit.
Through the Navajo Nation Department of Water Resources Management, the Navajo
Nation is involved in the NOAA Atmospheric Modification Program.
The Oklahoma Industrial Extension System/Oklahoma Alliance for Manufacturing
affiliated with the NIST Manufacturing extension services to small- and medium-sized
companies in the region by contracting with a number of local consortia made up of
economic development and educational institutions. One such consortium--consisting
of the Cherokee Nation, Northeastern State University in Tablequah, and the Indian
Capitol Vo Tech School in Muskogee--now deploys two broker agents who service
local manufacturing firms, many of which are either Native-American owned and/or
are located on Native-American-owned land.
8
DEPARTMENT OF DEFENSE
Base Closure and Reuse
Tribal Nations from across the Nation are participating in the local redevelopment of several
closed military bases. Examples of anticipated transfers include:
Fifty acres of property, including two buildings at Norton AFB in California to the
San Manuel Band of Mission Indians for use as a health center.
A golf course and approximately 140 acres of undeveloped land at Williams AFB in
Arizona to the Gila River Indian Community.
A convenience store, child care center, housing units and industrial buildings at K.I.
Sawyer AFB in Upper Michigan to the Sault Ste. Marie Tribe of Chippewa Indians.
Contracting
DoD awarded $581 million in defense contracts to Native American firms during FY
'94. This represents 10.2% of the total DoD awards to small and disadvantaged
businesses during the year.
Native American Military Personnel
Since 1991, the percentage of Native Americans in the military has remained at .6%.
This figure is consistent with the percentage of Native Americans in the U.S.
workforce (.6%).
The number of Native Americans in the armed services has not decreased in the
Clinton Administration. For example, two of the four Native American general
officers now serving are Brigadier General Joe L. Campbell, USAF (Choctaw)
Commander of the 403rd Tactical Airlift Wing and Rear Admiral Leonard Vincent,
USN (Cherokee), Assistant Commander for Contracts, Naval Air Systems Command.
9
DEPARTMENT OF EDUCATION
Policies and Goals
The Department of Education (ED) is committed to policies that help raise academic
standards for Indian students, continue Impact Aid payments to school districts with
Indian children, and improve coordination with the Bureau of Indian Affairs education
programs. Through its recently reauthorized Indian Education program, ED serves
Indian students from both Federal- and State-recognized Tribes and supports improved
teacher training, increased parental involvement and integrated educational services to
help meet the needs of Indian children. For FY 1996, the Department of Education
has requested nearly $550 million for over a dozen education programs which support
the efforts of school districts, States, Indian tribes, and BIA-supported schools to
improve teaching and learning for American Indian and Native Alaska children.
Activities/Accomplishments
The Department of Education has strengthened its formal advisory system with the
Tribes by: 1) Installing new Presidentially-appointed membership on the National
Advisory Council on Indian Education (NACIE); 2) Developing an on-going
partnership and working relationship with NACIE staff and membership; 3)
Participating in and supporting NACIE sponsored meetings, hearings, and projects; and
4) Developing a new, inclusive Tribal consultation process.
The Department of Education has improved interagency coordination of Indian
education policy and program development by: 1) Developing new memoranda of
understanding with the Bureau of Indian Affairs for Goals 2000 and for a consolidated
payment effort; 2) Participating in five White House sponsored meetings with Indian
education advocates; 3) Serving on interagency coordinating committees for economic
development, environmental education, school-to-work transitions, and educational
technology to ensure that Tribal education interests are addressed.
The Department of Education has expanded its outreach efforts in Indian Country by:
1) Fully supporting and participating in the National American Indian/Alaska Native
Education Summit; 2) Actively participating in the annual conferences of the National
Indian Education Association, the National Congress of American Indians, the Bureau
of Indian Affairs, and the National Indian School Boards Association; and 3) Visiting
and providing technical assistance to over 300 Indian education projects throughout the
nation.
10
The Department has been exploring new and better ways to provide national support
for and leadership in such areas as: 1) Native language revitalization and cultural
preservation; 2) Comprehensive federal policy development and planning; 3) School
improvement/reform initiatives; 4) Research and evaluation; 5) Adult and vocational
education; and 6) Comprehensive local program planning and technical assistance.
The Department is continuing to provide Impact Aid payments on behalf of Indian
children. Impact Aid provides compensation to school districts for federal activities
that create a burden on the financing of public education. Despite proposed cut-backs
in a number of Impact Aid programs, the Administration has retained its full
commitment to compensating school districts for children living on Indian lands.
Indian children are one of only two categories of students for whom payments to
school district would continue under the FY 1996 budget policy. Under this program,
the President's budget would provide an estimated $318 million in funds for school
districts with Indian children.
The Department supports flexibility and local autonomy for Indian job training and
education programs through the Indian Employment and Related Services
Demonstration Act (P.L. 102-477). This program allows Tribal Governments to
consolidate formula-driven employment and education funds from the Departments of
the Interior, Labor, Health and Human Services and Education. The Administration is
committed not only to ensuring efficient implementation of P.L. 102-477, but to
expanding its use to assist more Tribes in establishing viable workforce and economic
development systems and in reducing paperwork and regulatory burdens.
11
DEPARTMENT OF ENERGY
Energy Efficiency and Renewable Energy:
Funds are available to assist Indian Tribes with development of energy efficient and
renewable energy as well as vertically integrated conventional energy projects on
Indian reservations: $1.5 million in grants will be awarded. Also, $10 million has
been earmarked for two energy development and vertical integration projects: $6.6
million for the Navajo Transmission Project, and $3.4 million for the Tazimina
Hydroelectric Project (Alaska).
Environmental Management:
Significant support is provided for Indian program activities. Over $11 million has
been funded to several Tribal Nations at locations near or adjacent to the Department's
sites or along transportation corridors used for shipping hazardous waste. These Tribes
include the Pueblos of Cochiti, Jemez, Santa Clara, and San Ildefonso in New Mexico,
the Navajo Nation in New Mexico and Arizona, the New Perce and the Shoshone-
Bannock Tribes in Idaho, the Yakima Indian Nation in Washington, the Confederated
Tribes of the Umatilla Indian Reservation in Oregon, and the Seneca Nation in New
York. Funds are also provided to individual Tribal Governments for oversight
activities.
Civilian Radioactive Waste Management:
The National Congress of American Indians (NCAI) received $534,455 to assist in the
implementation of the Nuclear Waste Policy Act of 1982. Funds are used to support
various national and regional committee meetings and activities, including the
development of a model "Tribal Transportation Regulatory Code." Workshops are
conducted on radiological emergency response and Tribal participation is included in
Yucca Mountain stakeholder meetings.
The Morgantown Energy Technology Center has been funded $100,000 to support a
study of electrical and thermal energy service options to remote locations of interest to
the Alaskan Energy Authority and to Alaskan Native Regional and Village
Corporations. $635,000 funds are available for remote Tribes and Villages to
demonstrate small atmospheric fluidized-bed combustion systems and/or coal-bed
methane-fired fuel cell systems. $40,000 has been earmarked for a training program
for Tribes by the Naval Petroleum Reserve (Wyoming). Also, $3.7 million has been
appropriated for Fossil Energy's Exploration and Drilling program, which includes
Tribal participation.
12
Energy Information Administration:
Funds totalling $21,000 were used to sponsor the American Indian Heritage Month
Program and a summer student partnership.
Public Affairs:
Publish and distribute the Energy Messenger, which is the Department's publication on
energy activities of interest to American Indians.
Field Operations/National Laboratories:
Sandia National Laboratory signed an agreement with the National Indian Business
Association to collaborate on business development projects with American Indian
owned businesses to provide technical assistance and CRADA development. The
Albuquerque Operations Office Uranium Mill Tailings Remedial Action Project has
managed activities and remedial actions at Monument Valley, Arizona; Shiprock, New
Mexico; Mexican Hat, Utah; and Tuba City, Arizona. Cleanup of these sites was
conducted under the direction of the Department in cooperation with the Navajo
Nation, the Hopi Tribe and the Bureau of Indian Affairs.
13
ENVIRONMENTAL PROTECTION AGENCY
Further enhancing Tribal Operations is a high priority for the Environmental Protection
Agency as evidenced by the Administrator's July 14, 1994 Nine Point Action Memorandum.
Establishing the American Indian Environmental Office (AIEO) in October, 1994, and
reissuing the Agency's 1984 Indian Policy, the Administrator has given clear direction and
created a central point of coordination for the Agency to work with both the Headquarters
Program Office and Regions to improve Tribal operations. The following is a compilation of
highlights of the actions taken around or since the historic meeting held in April, 1994
between Tribal Leaders and the Clinton Administration in an effort to improve EPA's Tribal
programs and environmental protection in Indian Country. Also, please refer to the EPA
Report, "Improving Tribal Operations," which should be available for you at this April 28,
1995 meeting.
Accomplishments/Activities
Increases in the Agency's Resources for Tribal Operations. EPA funding for Tribal
Operations has increased substantially over the past two years, from $35 million and
81.5 FTE in 1994 to approximately $47 million and 101 FTE in 1995. In the
Administration's proposed FY 1996 Budget, EPA would increase even further to
approximately $85 million and 122 FTE.
Reissuance of the Agency's 1984 Indian Policy Which Calls for Government-to-
Government Relationship Between EPA nd the Tribes and Recognizes Tribal
Sovereignty. In 1984, EPA became the first Federal agency to adopt a formal Indian
Policy. EPA is proud of that Policy, which has provided the framework for our
developing partnership with Tribal Nations. The policy sets out nine major principles,
including:
The Agency Stands Ready to Work Directly With Indian Tribal Governments
on a One-to-One Basis Rather Than as Subdivisions of Other Governments;
The Agency will Recognize Tribal Governments as the Primary Parities For
Setting Standards, Making Environmental Policy Decisions and Managing
Programs for Reservations, Consistent with Agency Standards and Regulations;
and
The Agency Will Incorporate These Indian Policy Goals Into Its Planning and
Management Activities, Including Its Budget, Operating Guidance, Legislative
Initiatives, Management Accountability System, and Ongoing Policy and
Regulation Development Process.
14
Since 1984, programs have changed and several agency statutes have been amended
to address Tribal needs. Nevertheless, the core principle of the policy, a commitment
to working with Federally Recognized Tribes on a government-to-government basis to
enhance environmental protection, has been reaffirmed by President Clinton in his
historic April 29, 1994 meeting with the Tribal Nations and remains the cornerstone of
EPA's Indian Program. Accordingly, Administrator Browner formally reaffirmed this
policy in 1994, and set to work on strengthening the agency's implementation
programs to reflect the goals and values of this long-term vision and strategic agenda.
Establishment of the American Indian Environmental Office (AIEO) Headed by Terry
Williams from the Tulalip Tribe. In October, 1994, EPA demonstrated its
commitment to enhancing Tribal operations in part through establishing the new
American Indian Environmental Office (AIEO). For the first time, the Agency now
has a central coordination point for all Tribal environmental program development and
implementation activities. The Office is only one component of the Agency's Tribal
operations, with most implementation activities occurring in the Regional and
Headquarters Program Offices. AIEO is working with these counterparts to obtain
support and resources necessary for the new activities called for by Administrator
Browner to ensure environmental protection in Indian Country.
In general, AIEO is responsible for coordinating the Agency's Tribal operations and
encouraging ongoing development of a strong program to protect Tribal health and
environments. Specifically, AIEO is working with Senior EPA management, staff,
Tribal governments and other Federal agencies in the following areas: building Tribal
capacity; development of Tribal programs; management and authorization of EPA
programs where the Tribes apply, and, where Tribal programs are absent, Federal
implementation of programs.
AIEO will promote the continued implementation of the Agency's 1984 Indian Policy
and will work with all parts of EPA to maintain a government-to-government
relationship with Federally recognized Tribes. AIEO will also work with the Programs
and Regions to ensure that the Agency is working in a manner consistent with its trust
responsibilities and is effectively performing its duties as a co-regulator with Tribes.
Establishment of the Tribal Operations Committee Comprised of Senior EPA Officials
and Tribal Representatives to Provide Input into Agency Operational Matters that
Affect Tribes. In March, 1995, EPA established the Tribal Operations Committee,
which is made up of top EPA Officials and 25 Tribal leaders to provide guidance and
input into agency matters that affect tribes.
Issuance by the Administrator of the Action Memorandum to Enhance Tribal
Operations Which Identified Nine Points of Action to be Taken Agency Wide. In July
of 1994, Administrator Browner issued an Action Memorandum detailing nine points
of action that the Agency would be taking to enhance Tribal operations agency-wide.
15
Those nine action items were:
1.
Tribal Environmental Workplans: In order for EPA and Tribes to plan for and
respond effectively to Tribal environmental problems, the Agency and Tribes
need to establish a base description of the types of environmental problems and
priorities Tribes face and then formulate specific workplans for responding to
the problems. Each Regional Administrator will promptly begin to work with
Tribes to develop such environmental workplans.
2.
EPA Regional and Program Indian Workplans: To focus and facilitate Program
and Regional efforts for effective Tribal environmental protection, each
Assistant and Regional Administrator will begin to establish strategies for
achieving the goals outlined in the Tribal environmental workplans.
3.
EPA Implementation, Management, and Compliance Activities: Each Assistant
and Regional Administrator, in close consultation with Tribes, should take
immediate steps to increase implementation and management to ensure
compliance with environmental programs.
4.
Program and Regional Organization: To strengthen the Indian program within
EPA and to ensure greater consistency in the work performed across the
agency, each Assistant and Regional Administrator should begin to review and,
where necessary, modify the organization and/or management of the Indian
program within his/her office.
5.
Field Assistance for Tribes: Each Regional Administrator should ensure that
there is effective EPA/Tribal liaison capacity to provide direct field assistance
to the Tribes.
6.
Training of EPA Staff: The Office of Indian Affairs will promote and
coordinate training on Indian issues for Agency managers and staff.
7.
Communications with Tribes: To promote and facilitate communications
between EPA and Tribal governments, in keeping with the spirit of the 1984
Indian Policy and with Environmental Justice, Assistant and Regional
Administrators should include Tribes in decision-making and program
management activities that affect them. Requests for Tribal input should occur
early in any Agency process that may affect Tribes.
8.
Grant Flexibility and Streamlining: In order to increase the efficient use of
limited resources, each Assistant and Regional Administrator should, to the
extent allowed by law, use available discretion to consolidate issuance and
administration of grants to Tribes and allow for both program operation and
program development.
16
9.
Resource Investment in Tribal Operations: To begin immediately strengthening
the Indian program and to implement the new activities outlined here, resources
must be invested in FY 1994 and FY 1995 in Tribal capacity building and staff
assistance in the development of Tribal environmental workplans.
Emphasis Towards Addressing Tribal Issues Included in the Agency's Environmental
Justice Strategy to be Issued Shortly. EPA has begun a new partnership with
Federally-recognized Tribal governments, Tribal and indigenous organizations, affected
native populations, the Tribal Operations Committee, and the National Environmental
Justice Advisory Council to integrate the provisions of the Environmental Justice
Executive Order into EPA's environmental policies, programs, and activities.
Template for Establishing Individual Agreements Between the EPA and Tribal
Governments to Establish Tribal Plans for Building Environmental Programs. In
March of 1995, EPA developed an EPA/Tribal Agreement Template that provides a
common set of principles and consistent factors to include in the workplan agreements
between the Regions and Tribes.
Establishment of a Data Base Including Baseline Information on Tribal Governments
and Their Environmental Progress and Existing Needs.
Publication of Regulations Simplifying EPA's Process for Qualifying Indian Tribes for
EPA Grants and Program Approval. This regulation was designed to simplify EPA's
process for qualifying Indian Tribes for program approval (the so-called "treatment as
a state, or TAS regulation), and was published in the Federal Register on December
14, 1994.
Development of Training to be Offered by EPA Trainers on Working Effectively with
Tribes on a Government-to-Government Basis.
17
HEALTH AND HUMAN SERVICES:
ADMINISTRATION FOR NATIVE AMERICANS
ANA Policies and Goals
The Administration for Native Americans (ANA) promotes the goal of social and
economic self-sufficiency of American Indians, Alaska Natives, Native Hawaiians, and
other Native American Pacific Islanders, including Native Samoans. ANA is the only
Federal agency which serves all Native Americans, including over 500 Federally
recognized tribes in the lower 48 states and Alaska, approximately 60 tribes that are
State recognized or seeking Federal recognition, Indian organizations, urban Indians,
Native Hawaiian communities, and populations throughout the Pacific basin. In short,
ANA is a relatively small agency with a big mission; the impact of our programs and
policies are visible and viable throughout Native American Communities across the
Country.
Administrative Efficiency
With a primary objective to maximize resources spent on Native American grantees,
ANA makes every effort to minimize its' own administrative and personnel expenses.
And, thus, spends approximately only 5 percent of its' total combined budget on
personnel and expenses. The remaining 95 percent is dedicated entirely to ANA
grants.
ANA Grant Programs
ANA announced the availability of FY 1995 funds for its three grant programs in a
consolidated funding Program Announcement in the Federal Register on July 21, 1994.
This announcement combined the following ANA grant programs: 1) Social and
Economic Development Strategies (SEDS); 2) Environmental Regulatory
Enhancement; and 3) Native American Languages Preservation and Enhancement into
one comprehensive document.
Number of Grants Applied for and Received
Of the 100 to 200 grant applications received for each application closing date,
approximately one-third receive full or partial funding for the proposed project. Of the
764 applications received in Fiscal Year 1994, ANA awarded 259 new competitive
grants under the six application closing dates.
18
Innovative "SEDS" Programs
Some of the accomplishments of the Tribes and other Native American communities
with SEDS grants include the following innovative business enterprises: the Navajo
Nation at Window Rock, Arizona, which has a Navajo Arts and Crafts Cooperative
underway at Crownpoint, and includes several manufacturing shops operated by tribal
members; the Nambe Pueblo, in Santa Fe, New Mexico, is the only Indian owned and
operated tour business in Santa Fe; and, in North Carolina the Cumberland County
Association for Indian People's Senior Day Care Center, established a self-sustaining
business, that provides interior and exterior designs, landscaping, and architectural
consultant advice.
Native American Languages Preservation and Enhancement Project
In FY 1994, ANA established a competitive grant program to ensure the survival and
continuing vitality of Native American languages. ANA received 158 applications
requesting over $12.5 million for projects. 18 grants were awarded totaling over $1.9
million for activities including: data collection on current language use; development
of specialized curricula; development of master/apprentice training programs;
establishment of language immersion camps; compilation and transcription of oral
narratives; and incorporation of language learning into tribal Head Start programs.
With the impetus of the Native American Languages Act, ANA expanded that effort
with a "bottoms up" approach, that includes in-depth consultation with Tribal Leaders
and "hands-on" training and technical assistance with potential applicants.
Indian Environmental Regulatory Enhancement Projects
In FY 1994, ANA established a competitive grant program to improve the capability
of Indian tribal governments to regulate environmental quality. In 1994, there were 77
applications, and ANA approved 26 projects totalling approximately $3.1 million for
projects to assist Tribal governments in planning, developing and implementing Tribal
environmental programs which are consistent with tribal culture.
Department of Defense Environmental Mitigation on Indian Lands
In FY 1995, ANA awarded 19 grants for the mitigation of serious damage to Indian
lands due to Department of Defense activities. the projects will address mitigating the
damage to treaty-protected spawning habitats caused by artillery practice; damage
caused to Tribal range and forest lands by gunnery range activities; low level flights
over sacred sites and religious ceremonies; suspected leakage of underground storage
19
tanks on lands taken for temporary war-time use by the Defense Department; and
unexploded ordnance from gunnery and bombing practice on Indian lands that resulted
in significant damage to rangelands, wildlife habitats, and stock water wells.
Interagency Agreements
ANA is involved in several Interagency Agreements with other Federal agencies to
better promote the tribal agenda, enhance the tribal/federal partnership and strengthen
the government-to-government relationship. At present, ANA has stimulated inter-
agency agreements with the following Federal agencies: Department of Commerce,
Minority Business Development Administration, Environmental Protection Agency,
Federal Highway Administration, Indian Health Service, and the Bureau of Indian
Affairs. Projects are varied, and include; establishing a Northwest Indian Business
Development Center, funding Tribal Colleges, and addressing transportation issues on
tribal lands. A full length description of all inter-agency agreements are attached for
your review.
Intra-Departmental Council on Native American Affairs
In April 1994, Secretary Shalala signed a Decision Memorandum that approved the
Intra-Departmental Council on Native American Affairs' Charter. The Intra-
Departmental Council on Native American Affairs serves as the focal point within
DHHS for inter-agency activities related to Native American affairs, and effect
coordination, cooperation and complimentary utilization of DHHS's resources for
Native Americans. Further, the Council promotes the full and continuous application
of these policies throughout the Department.
Training and Technical Assistance
As much of our Native American communities are geographically isolated and limited
in their resources, in September 1992, ANA awarded five contracts to provide short-
term training and technical assistance to both current and prospective ANA grantees, in
order to improve their efforts toward greater self-sufficiency. Although the contractors
are not authorized to write applications, they assist potential grantees to conceptualize
strategies for social and economic development, and then further translate those ideas
into a viable application for ANA funds. This assistance is rendered in a very "hands-
on" fashion, and provided free of charge to the recipient. As a result of this effort,
there has been an increased number of successful grantees from geographically isolated
and remote areas.
20
HEALTH AND HUMAN SERVICES:
INDIAN HEALTH SERVICE
Fiscal Year 1996 Budget
The Department of Health and Human Service's (HHS) commitment to improving the
health status of American Indians and Alaska Natives, in the context of a government-
to-government relationship can be seen in the budget proposed for the Indian Health
Service (IHS). Compared with other parts of the HHS, the Fiscal Year (FY) 1996
President's Budget provides larger dollar increases and smaller FTE reductions for
IHS, than for the rest of the HHS.
Dollars: The President's budget proposes a 4.9 percent increase in budget authority
for IHS as compared with a 3.6 percent increase for all Public Health Service (PHS)
programs and a 4.1 percent increase for all HHS discretionary programs.
FTE: The President's budget proposes an FTE reduction for IHS of 1.5 percent as
measured from the baseline (FY 1993) established by the Federal Workforce
Restructuring Act. During this period, PHS will reduce FTE use by 4.6 percent and
HHS will reduce FTE use by 4.9 percent.
Streamlining the Agency
The Director, IHS, established the Indian Health Design Team (IHDT) to guide the
design of the new Indian health system and assure that agency streamlining
recommendations reflect Indian country priorities. The IHDT is structured to provide
Tribal Governments and urban Indian health programs majority representation. Of the
28 members, 22 are Tribal and urban Indian health program representatives. The
IHDT was convened in February 1995 and plans to complete a draft restructuring plan
by summer 1995.
The IHDT's guiding principles commit the design process to upholding Tribal
sovereignty, achieving system-wide simplification, and maintaining patient/customer
focus. Two way communications link the Tribal Governments and Indian health
organizations to the IHDT. As design concepts are discussed, they are submitted to
Tribes and organizations for feedback to the IHDT. The draft plan will be developed
with full consideration given to the tribal and other Indian leadership feedback.
21
Supporting Self-Determination
At the end of FY 1994, the IHS transferred $574 million to Tribal Nations through
self-determination contracts and self-governance compacts. This represents
approximately 35% of the IHS services budget for that year.
Self-Determination Contracting (Title I) The Indian Self-Determination Contract
Reform Act, P.L. 103-413 was enacted in October 1994. The Act is intended to
simplify the self-determination contracting process and facilitate the assumption of
Federal programs (e.g. Indian Health Service) by Tribal Governments and Tribal
Organizations.
In compliance with the Act, which requires that final rules and regulations be
published in 18 months (April 1996), the Department jointly established the negotiated
rulemaking committee with the Department of Interior (DOI) and the tribes. The
rulemaking committee, comprised of 6 HHS, 10 DOI, 48 tribal representatives, met on
April 11-13, 1995 to begin the development of regulations to implement P.L. 103-413.
Similar meetings will be held over the next several months.
Self-Governance (Title III). The IHS negotiated 29 Self-Governance (SG) compacts
and 42 annual funding agreements for FY 1995. This transfers approximately $270
million to 197 Tribes in Alaska and 28 Tribal Governments in the lower 48 states
participating in the Self-Governance Demonstration Project (SGDP).
The Director, IHS, made 3 critical agency policy decisions which will frame both Title
I contract and Title III compact negotiations for FY 1996:
Residual: Tribal shares will be calculated for FY 1996 compacts and contracts
using Headquarters Residual of approximately 1 percent of the IHS services
budget (FY 1994 dollars), plus negotiated Area Office Residuals.
User Population: The IHS will continue to use the existing active user
population definition for the FY 1996 negotiations. Recommendations for a
new definition will not be adopted until the implications have been thoroughly
evaluated and discussed with Tribes.
The Tribal Size Adjustment (TSA) methodology will be used for the Headquarters
General Pool. Under this method, 87 percent of the allocation is based on population
and 13 percent on the total number of Tribes.
The allocation methods for the remaining categories of funds will be based on
longstanding legislative provisions, program experience and feasibility, Some will use
existing methodologies until additional study and analyses are completed, and some
methodologies will continue unchanged.
22
Facilitating Tribal-State Health Initiatives
The Department strengthened its Indian health advocacy role by improving the IHS
participation in the Health Care Financing Administration (HCFA) and Departmental
Medicaid waiver application review process. Departmental review of all Federal and
State proposals to alter the organization, financing, and delivery of health care assures
that Indian health interests are appropriately considered.
Under this process, IHS participates in the review of all State Medicaid waiver
requests and identifies their potential impact on Indian health programs. Proposals
reviewed through this process include State 1115 Medicaid Waivers, Federal and State
welfare reform proposals addressing Medicaid eligibility, and State health reform.
Application and understanding of Medicaid and Medicare policies vary greatly, and
often confusion has resulted. In recognition of this, HCFA and IHS staff work closely
to address a number of issues. Presently, the vehicle used in this endeavor is the
HCFA-IHS Policy Exchange. To assure the capacity to address the broadest range of
issues, the Policy is arrayed into ten work groups, comprised of Central and Regional
Office staff, as well as IHS Area Office staff, focussed on specific program areas. The
group serves as the focal point for information exchange and dissemination and policy
guidance.
To help enhance States' understanding of Indian health programs and to provide a
forum for States to present their proposed state health reforms to tribes, Philip R. Lee,
M.D., Assistant Secretary for Health and Director of the Public Health Service (PHS),
is holding a second series of regional meetings.
Improving Tribal Access to Public Health Programs
The Assistant Secretary for Health and the Director, IHS, formed a committee to work
on improving Tribal Government and Indian health organizations' access to all PHS
programs and resources. IHS is identifying Tribal and Indian health organizational
needs for technical assistance and other resources in order to facilitate their access to
PHS assistance.
The IHS and Department are jointly seeking tribal input regarding the development of
the appropriate mechanism for achieving Tribal and Indian health program access to
PHS Performance Partnership funds proposed in the FY 1996 President's Budget.
23
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Accomplishments/Activities
Immediately upon completion of the historic meeting between the Nation's Tribal Leaders and
the White House, the U.S. Department of Housing and Urban Development substantially
strengthened its efforts on behalf of its Native American Programs:
Secretary Cisneros immediately issued a Department-wide policy echoing the
President's direction for a government-to-government relationship with all Tribal
Nations. The policy was sent to all HUD Offices with instructions for its display in a
prominent manner.
HUD had already begun an effort titled "Consultation 94" which was a series of 27
separate meetings with Tribal leadership and housing officials throughout the country
in order to craft a legislative and regulatory agenda for change. As a result of those
meetings, the following has been accomplished:
-
The Indian Housing Program Final Rule was published April 10, 1995. This
regulatory change provides for the most sweeping changes in the Indian
Housing program in its 34 year history. In addition to moving the regulations
from Part 905 to 950, the final rule amends a number of the Indian Housing
consolidated regulations to simplify program processes, reduce the number of
regulatory requirements and provide more flexibility to local Tribal and Indian
housing authority officials in the administration of the Indian housing program.
Furthermore, the Rule provides for a more effective and quicker re-use of grant
dollars so that Tribes receive the benefit of each dollar more often.
-
Published revised CDBG regulations for comment on July 27, 1994; final rule
scheduled for publication before September 30, 1995.
-
In an effort to eliminate unneeded program requirements for Indian Housing
Authorities, four Indian housing program handbooks were eliminated. The
Indian Housing Management, Indian Housing Financial, Indian Housing
Development and Indian Housing Monitoring Handbooks were cancelled and
are available as guidance only.
In addition, numerous public housing handbooks were eliminated further
freeing IHAs from burdensome and irrelevant requirements.
24
-
Increased Tribal flexibility in the Indian HOME program by expanding
eligible applicants to Tribally designated organizations.
-
The Department is currently developing a revised ceiling rent rule which
will better address the needs in Indian country. Currently, ceiling rents
are determined based on an imputed debt service amount. The proposed
regulation will eliminate the imputed debt service and calculate a ceiling
using actual debt plus operating costs. This will substantially reduce
some of the concern expressed by Tribal leaders regarding the "30
percent" rule.
-
HUD revised its Notice of Fund Availability process to allow for more
regional flexibility and input by Indian housing Authorities on how units
are awarded.
In order to emphasize the development of "culturally-relevant" housing, in the recent
past HUD issued a Design Guide entitled "Our Home - Giving Form to Traditional
Values". The objective of the Guide is to encourage the development of Indian
Housing which stresses community input and involvement in the design of housing.
As a follow-up, in 1994, HUD conducted its first annual Cultural Design Award
competition for HUD funded grants. Forty-three projects were submitted for
consideration in the eight categories of awards and will hold a Design Conference for
Indian housing authorities, architects, builders and engineers in June, 1995.
The Department administered the highest level of Native American Program funding in
its history.
-
Provided over $520 million to fund 5,000 new Indian housing units in FY 94
and already in FY 95.
-
Funded 17 Indian HOME projects for $12.7 million. HOME is a Tribal
Government housing program which has great flexibility for the Tribe to
develop its own housing program.
-
Funded 119 Indian Community Development Block Grant projects for $46
million. CDBG is used by Tribes for community infrastructure, land
acquisition, job creation, economic development and housing rehabilitation.
-
Provided $1.5 million for Emergency Shelter Grants to 11 tribes. Emergency
Shelter Grants allow Tribes to develop housing for temporary uses for the
homeless.
Special assistance to Alaska villages hurt by the chum salmon disaster.
25
-
Of the 60 Indian Housing Authorities that applied for the Drug Elimination
Program, 43 were funded for approximately $7.7 million. This program is
designed to for use in eliminating drug related crime in public and Indian
housing developments.
-
Of the 71 IHAs that applied for the Youth Sports Program 21 were funded for
approximately $2.6 million. The Youth Sports program was created to serve as
an added component of the larger Drug Elimination Program to establish
positive, drug-free activities for public and Indian housing youth.
-
Of the 29 IHAs that applied for the Family Investment Center Program, 7 were
funded for approximately $6.3 million. This Program is to provide families
living in public and Indian housing with better access to education and
employment opportunities to achieve self-sufficiency and independence.
-
Of the 38 Resident organizations which applied for the Tenant Opportunity
Program 26 were funded for approximately $2.3 million. The program
provides assistance to resident groups to fund training and other tenant
opportunities.
-
Approximately $167 million was provided to IHAs in Fiscal Year 1994 for
modernization of existing housing units. Of that amount, $142 million was
available to IHAs with over 250 units under the Comprehensive Grant Program,
and $25 million was provided to smaller IHAs on a competitive basis. For
Fiscal Year 1995, $200 million is available for Indian housing modernization.
-
The Section 184 Indian Housing Loan Guarantee Program which allows Native
American families and Indian Housing Authorities to gain access to sources of
private financing previously not available to them on restricted lands and in
Indian areas moved from legislation to implementation with over (75)
conditional and firm commitments made.
The Loan Guarantee Program was designed and implemented in less than nine
months.
In addition, HUD undertook a number of other initiatives designed to increase the
effectiveness and efficiency of its programs.
-
Secretary Cisneros has personally met with Tribal leadership in many meetings
in both Washington, DC and around the country. He has travelled to New
Mexico for the Listening Conference, and to Alaska, South and North Dakota,
and Montana.
26
-
Developed and planned a series of Tribal/Federal meetings entitled "Indian
Homeownership: THE FIRST GENERATION" which will bring together all
federal agencies with responsibility for housing activities along with many of
the private sector resources available to Indian country. Twelve regional
sessions will be held throughout the Nation beginning in May, 1995.
-
Participation in the federal initiative to eliminate the "honey-bucket" from
Alaskan housing.
-
Conducted twelve workshops to improve tribal ability to implement HOME and
CDBG funded projects.
-
The Federal Indian Policy and Cultural Awareness Training program which was
developed by the Office of Native American Programs (ONAP) was presented
again this year to 30 HUD/ONAP employees. This award winning training
course was designed to increase cultural awareness and sensitivity among HUD
staff when working with Native Americans.
-
A Native American youth calendar contest in which young Native Americans
were asked to draw their perception of what a culturally relevant home would
look like drew national attention and was exceptionally well received
throughout Indian country.
-
Worked with the White House to assist urban Native American to find better
access to HUD programs.
27
DEPARTMENT OF THE INTERIOR
Department-wide
Enhancement of the Government to Government Relationship and Consultation with
Sovereign Tribal Nations:
Secretary Babbitt serves as Chair of the interdepartmental Working Group on
American Indians and Alaska Natives under the White House Domestic Policy
Council.
The Secretary is committed to meeting with Indian Tribal Nations on a regional basis.
To date, the Secretary has met with Tribes in California, Arizona, Oklahoma and
Wisconsin. Topics discussed were Indian gaming, streamlining, BIA budget,
environmental issues, self-governance, water rights, mining, forestry and other trust
issues. The Secretary is also planning to meet with Tribes in the states of Oregon,
New Mexico, Michigan and Minnesota in the coming months.
The Secretary made implementation of the Tribal Self-Governance Act of 1994 (Titles
II and IV of P.L. 103-413) one of the Department's top priorities for 1995. During
1995, the Department has made substantial progress in a number of areas including
submitting an extensive report to Congress identifying non-BIA programs that are
eligible for the Self-Governance Program; conducting Self-Governance training for
non-BIA agencies such as the National Park Service; convening several consultation
sessions with Tribes; implementing a Department-wide procedure to negotiate and
enter into funding agreements for FY 1996; and beginning a negotiated rulemaking to
adopt final regulations.
The Department sent all participating Self-Governance Tribes and Congress a list of
non-BIA programs that were eligible for negotiation into self-governance agreements
for 1996. In addition, the Department set programmatic targets for each Bureau to
meet in 1996 and the Secretary issued guidance for conducting 1996 negotiations for
all Bureaus within the Department. A Federal Register notice was issued that will
allow up to twenty additional Tribes to enter into self-governance compacts. To date,
twelve Tribes have submitted applications.
The Secretary appointed two Departmental self-governance negotiators to the 15-
member Joint Tribal and Federal Self-Governance Negotiated Rulemaking Committee
which will have its first meeting on May 18, 1995, in Washington, D. C.
Vice President Gore, Secretary Babbitt and Assistant Secretary Deer attended the
annual conference of the National Congress of American Indians and spoke of the
President's commitment to respect the government-to-government relationship.
28
DOI convened 11 consultation meetings with Tribes on the reorganization and
streamlining of the Bureau of Indian Affairs.
The Department has entered into discussions with the Department of Health and
Human Services around how the Bureau of Indian Affairs and the Indian Health
Service can work more effectively together both at the regional and reservation levels.
This is the first step toward creating "one stop shopping," which enhances service
delivery, while reducing each department's administrative overhead.
The Federal Advisory Committee Act (FACA) and the Indian Self-Determination
Negotiated Rulemaking Committee was established to negotiate regulations for the
Indian Self-Determination Act, as amended. They held their first meeting in early
April 1995. At least three other meetings are scheduled in the next six months to meet
the requirements of the Act.
Settlement of Land, Water and Other Tribal Claims
DOI reached agreements worth $87 million with three Alaska Native corporations as
part of the Exxon Valdez oil-spill restoration.
Crow Boundary Settlement Act of 1994 resolved the 107th meridian boundary dispute
between the United States, the Crow Indian Tribe, and the Northern Cheyenne Indian
Tribe resulting from an erroneous survey of the eastern boundary of the Crow Indian
Reservation.
The Grand Coulee Dam Settlement Act of 1994, provides Federal restitution to the
Colville Confederated Tribes as a result of a court settlement between the Tribes and
the federal government and allows the tribes damages, revenue-sharing, and
participation in future operations of the Grand Coulee Dam.
The Ninth Circuit Court of Appeals ruled in favor of the Department in Katie John et
al. V. United States, a case involving the subsistence fishing rights of Alaska Natives.
The court agreed with the Department's position that ANILCA'S subsistence
preference for rural Alaskans applies to all waters subject to a federal reserved water
right and that it does not extend to all navigable waters.
BIA, BLM and MMS created the Indian Minerals Steering Committee and completed a
Memorandum of Understanding to improve and enhance inter-bureau coordination of
American Indian mineral policy and activities and Indian lessee trust assets.
29
Protection of Trust Resources
The Secretary endorsed a comprehensive Indian Fish and Wildlife Policy which
recognizes the status of Tribes as resource managers, and outlines "reasonable and
necessary" standards to be applied when federal actions are considered that may result
in restrictions on the exercise of treaty fishing, hunting and gathering rights. He has
further worked to have these principles incorporated into the policy documents of other
federal agencies.
Departmental bureaus and offices are preparing draft procedures or directives to ensure
that the trust resources of Indian Tribal Nations are conserved, identified and protected
per Secretarial Order No. 3175. The Office of American Indian Trust (OAIT) has also
drafted a Departmental Manual Chapter that will actuate the plans developed pursuant
to the Secretarial Order and continue to ensure that the objectives to protect and
conserve Indian trust assets are met after the Secretarial Order expires.
The following is a status report on Departmental compliance with the Order:
Bureau/Office
Status
Bureau of Reclamation
Reclamation had developed an Indian Trust Resource
Policy for the protection of trust assets in advance of the
Secretarial Order. Subsequent to the Order, Reclamation
developed a supplementary set of common "questions and
answers" about Indian/Alaska Native trust resources. The
procedures and supplementary document were reviewed
by the Office of American Indian Trust (OAIT) and were
found to be in "substantial compliance" with the Order.
The Assistant Secretary - Indian Affairs has concurred
with the finding.
Office of Environmental Policy
The Office has developed procedures for the Department
and Compliance
regarding how any impacts to Indian trust resources must
be addressed in the compliance documents developed.
And, further that any impacts will require consultation
with the effected Tribal Governments. The procedures
and supplementary document were reviewed by OAIT
and were found to be in "substantial compliance" with the
Order. The Assistant Secretary - Indian Affairs has
concurred with the finding.
30
Fish and Wildlife Service
After extensive consultation with the Tribes FWS has
developed a Regional implementation plan that has been
incorporated into their draft National plan. The draft
procedures for compliance with the Secretarial Order
have been received by OAIT and are expected to be final
within the next few weeks.
Office of Surface Mining
The Office of Surface Mining has drafted a "directive on
coordination and consultation" with Indian Tribes. The
directive would apply to both abandoned mine lands, as
well as active mines. The draft has been submitted to
OAIT for review and should be final within the next few
weeks.
Geological Survey
Geological Survey has developed a "statement of
procedures" to comply with the Secretarial Order. A
draft has been provided to OAIT and expects to be
finalized within the next few weeks.
National Biological Survey
A task force was formed to clarify and document the
responsibility of NBS regarding implementation of the
Secretarial Order. The draft procedures for compliance
with the Secretarial Order have been received by OAIT
and are expected to be final within the next few weeks.
Minerals Management Service
The draft procedures for compliance with the Secretarial
Order have been submitted to OAIT and are expected to
be final within the next few weeks.
Bureau of Mines
The draft procedures for compliance with the Secretarial
Order have been received by OAIT and are expected to
be final within the next few weeks.
National Park Service
NPS is working with their Regional Indian Desks to
develop Regional implementation plans that will be used
at the National office to assemble their National plan. No
draft of the plan has been received by OAIT at this time.
Bureau of Land Management
Procedures have been developed and are in draft stage.
No draft plan has been submitted to OAIT at this time.
Bureau of Indian Affairs
31
Land, Water and Natural Resources
Provided a total of $2.9 million to 86 Tribes for hazardous and solid waste clean-up
on Indian lands.
Trained over 100 Tribal members to perform water-resources and land surveys, with
99 percent continuing with college course work, 66 percent continuing to work for
tribes, and several program participants pursuing college degrees.
Provided over $23 million to more than 100 Tribes to conduct technical studies for
water rights settlements.
Developed an oil and gas evaluation and management software system to assist the Osage
Tribe in managing its production and financial oil and gas data.
Installed seismic data processing system to assist Tribes to more cost effectively explore
and develop remaining oil and gas deposits.
Provided $44 million to 107 tribes and 20 intertribal organizations for the management
of Indian fish and wildlife resources on-reservation and in treaty-ceded territory.
Developed an Indian Fish and Wildlife policy, which guides discussions regarding the
protection, management and enhancement of Tribal fish and wildlife resources.
Trust Funds Management Improvements
Secretary's Six Point plan: In June, 1994, the Department issued the draft Indian Trust
Funds and Trust Asset Management Reform Plan. It addresses the 3 basic goals of
ensuring the safe investment of trust funds at favorable rates of return, providing timely
and accurate account holder information; correcting decades of accounting inaccuracies,
improving inter-Bureau coordination; and promoting Tribal management of trust funds.
It provides the framework for implementing much needed reforms to the management of
$2.3 billion in Indian trust funds and assets generating receipts over $979 million. We
have been on target in implementing the 6 basic reform areas in this plan.
Reconciliation of Indian Trust Fund Accounts - Prior Year Reconciliation Project: BIA
has undertaken a massive reconciliation project, reconciling Tribal trust fund accounts for
a twenty year period from 1992 back to 1973. The contractor involved in this effort has
reconciled nearly 90% of the transactions and 85% of the dollars in the non-investment
category. For a massive reconciliation of this type which is without precedent in terms
of its scope we are completing a major milestone.
This is just one of several Tribal reconciliation components that are in various stages of
completion. During fiscal year 1995, periodic reports will be provided to Tribes as each
32
of these components is completed.
Current Reconciliation Improvement: For the first time in 20 years, BIA is reconciling
transactions and maintaining current balances for Tribal and Individual Indian Money
(IIM) accounts on a regular basis.
Improved Systems: Work in maintaining accurate balances is being advanced by the
conversion to a state-of-the-art core trust fund system provided by a private sector service
bureau. BIA awarded a major contract at the beginning of this fiscal year and the system
will be fully operational in the third quarter of this fiscal year.
New Trust Funds System: The new trust core system has state-of-the-art processing
capabilities for trust fund administration. It assists in performing such duties as
investments, accounting, and government reporting, while providing reliable, timely, and
accurate reporting. The new system will provide regular account statements, daily
security pricing, quick payment and settlement of securities, and automatically investing
available cash into the Government "overnighter" account at the U.S. Treasury.
Improvement in Daily Management of Funds/Operations: Technical Advancements -
BIA has also implemented improvement since October 1, 1992 to put the Office of Trust
Funds Management (OTFM) on-line with the Treasury Department, allowing OTFM to
monitor daily cash activity of investment and field financial activities. Electronic Funds
Transfer procedures have been piloted by OTFM to ensure timely collection of Tribal
funds for quicker investment. Full implementation of this process is planned in the future.
An electronic certification system has been implemented enabling tribal drawdowns of
their funds to be reflected in the Tribal accounts by the next business day and eliminates
excessive paperwork and forms previously required.
Development of Needed Policies and Procedures: Controls have been implemented to
eliminate overdrafts in Tribal accounts (a problem which had previously plagued trust
fund operations). Standardized desk operating procedures for handling IIM accounts at
BIA field office have been developed and are being implemented. Additionally, in 1994
BIA approved a trust fund loss policy which contains procedures to identify and resolve
losses promptly.
Staffing/Office Realignment : The Office of Trust Funds Management has also been
realigned. The new organization, approved in April, 1994, for the first time brings about
the division of duties between the accounting functions and the investment functions. A
focus on customer relations is reflected in the new organization as well. The realignment
will facilitate implementation of long term improvements in customer service and quality
assurance, continued success in the reconciliation efforts, and implementation of major
improvements in data processing systems.
Special Trustee: The White House has indicated an intent to nominate Paul Homan, an
33
independent financial and regulatory consultant to banks and thrifts, a former bank
president and former senior staff member of the U.S. Comptroller of the Currency as the
Special Trustee over the Department of the Interior's Indian trust funds matters. The
Special Trustee position is a Presidential appointment, called for in the American Indian
Trust Fund Management Reform Act of 1994 to provide oversight over the Department's
trust responsibilities and coordinate reform efforts.
Criminal Justice and Law Enforcement
Established a procedure for making FBI criminal history records available to tribes for
character checks on employees whose work involves children.
Created Office of Internal Affairs to investigate recent reports of incidents of BIA
police officers using excessive force during arrests.
Requested and was appropriated $2 million to repair detention facilities located on
Indian lands.
Provided $6.8 million to Sac and Fox Tribes (Oklahoma) for the balance of
construction of a detention center. This is the first construction project accomplished
under self-governance.
Conducted five interagency training seminars for Tribal officials and employees on
reporting and investigating child abuse.
Completed construction and operational implementation of Fort Peck and Cheyenne
River detention facilities.
Created a special criminal investigation position dedicated to archaeological and
cultural antiquities crime in Indian Country.
Completed installation of 45 locations of a new national system to network 200 Tribal
law enforcement programs for incident reporting and information management.
Economic Development
Aberdeen Area Tribal Economic Summit: In November 1994, the Assistant Secretary
of Indian Affairs hosted Tribal Nations and federal agencies at the Aberdeen Area
Tribal Economic Summit. Two follow-up meetings have occurred with
recommendations concerning technical assistance, credit availability and other
economic development policy issues. The BIA will be proposing a unique joint
partnership between the Aberdeen Tribes, SBA and BIA on May 5 which will address
technical assistance service delivery.
34
Alaska Economic Summit: In February 1995, the Assistant Secretary of Indian Affairs
met with Alaska Tribes and federal agencies to discuss economic development, 638
contracting and energy issues. Federal agency participants had the opportunity to visit
rural Native Alaska villages, and tribal participants learned how to develop and market
their economic development projects. Federal agency participants are following up on
specific issues and projects.
Subcommittee on Indian Economic Development: As a Subcommittee of the
President's Community Enterprise Board, the Subcommittee on Indian Economic
Development has focused its' attention on legislation to create financial institutions in
Indian country and to improve the economic conditions and supply of housing in
Native American communities by creating a Native American Financial Services
Organization (NAFSO). Legislation (S.346) is pending in the Senate.
Fannie Mae and the BIA: To facilitate home mortgages in Indian Country, Fannie
Mae and the BIA have forged a new partnership. Fannie Mae will purchase mortgages
from primary lenders for the secondary market, thereby, providing incentives to the
private sector to offer mortgages in Indian Country.
Community Development Financial Institutions. On September 23, 1994, the President
signed the Community Development Banking and Regulatory Improvement Act that
will bring technical assistance and financial assistance for community development to
need areas and populations. As a advisory member, the BIA is ensuring that the
Community Development Financial Institutions will indeed target Indian Country as
specifically required by the Act.
Tribal Governments and Tribal Courts
Published final regulations to improve and expedite the administrative process for
acknowledging Indian Tribes.
Delegated to 23 BIA agencies, the authority to approve, award, decline and perform
all other functions in the administration of non-procurement self-determination
contracts.
Acknowledged two new Tribal Governments: the Mohegan Indian Tribe of
Connecticut - May 1994; and the Ione Bond of Miwok Indians of California - March
1994.
35
Provided New Tribes funding to six congressionally recognized Tribal Governments:
1)
Pokagon Band of Potawatomi Indians of Michigan, September 1994
2)
Little River Band of Ottawa Indians of Michigan, September 1994
3)
Little Traverse Bay Bands of Odawa Indians of Michigan, September
1994
4)
United Auburn Indian Community of California, October 1994
5)
Paskenta Band of Nomlaki Indians of California, November 1994
6)
Central Council of the Tlingit & Haida Indian Tribes of Alaska,
November 1994
Housing, Social Services and Education
Provided emergency disaster funding to repair homes of 14 Indian families ravaged by
the 1993 Kingfisher Flood.
Completed draft regulations for implementation of the Indian Child Protection and
Family Violence Prevention Act.
Signed an updated interagency agreement with the Indian Health Service to coordinate
child abuse prevention.
Established a BIA-Tribal Goals 2000 Indian panel to oversee that development and
implementation of a state-wide BIA plan to meet the National Education Goals.
Completed 22 regional Tribal consultation hearings on Indian education issues.
Trained more than 500 school board members on national issues affecting their
respective schools.
Implemented School Support Teams in BIA funded schools during the 1994-95 school
year as authorized in the Improving America's Schools Act of 1994.
Provided a total of 12.4 million to seven Tribes under interim procedures for
implementation of education facilities grants in accordance with provisions of P.L.
100-297, as amended, to repair or construct school facilities. Additional grants are
being negotiated and will be awarded during the remainder of the fiscal year.
Developed a DOI-HUD interagency workgroup for consultation by the Secretaries of
the Interior and Housing and Urban Development to address housing issues:
Convened workgroups to solicit options for resource allocation
methodologies for housing and welfare assistance, as those funds moved
to Tribal priority allocation.
36
Established and convened the Housing Improvement Plan Reinvention
Management Lab to advise on funding issues, HIP regulations and
streamlining/improving HIP.
Base Closures
Sponsored a forum with Tribal representatives in March regarding a proposed
Secretarial Order on the Department's Base Closure policy, which would replace an
interim policy. Tribal input is in the process of being reviewed and incorporated into
a final policy, which should be issued by June 1, 1995.
Indian Gaming
Reviewed and approved 22 Tribal-State compacts with 33 Tribes in 8 States.
Developed proposed regulations for off-reservation land acquisitions and per capita
distribution payments.
The Chief of Staff of the Department addressed the National Indian Gaming
Association on April 19, 1995, concerning the Department's perspective on a variety
of Indian gaming issues.
Upcoming
A Fiscal year 1997 Annual Budget Meeting is scheduled for May 21-22, 1995. Tribes
will participate in the development of the Bureau of Indian Affairs' FY 1997 budget.
Bureau of Land Management
Established a national Native American Program Office (NAPO) to enhance the
BLM's effectiveness in meeting national Indian program objectives.
Established a bureauwide network of Indian program coordinators in each BLM state
office to enhance both internal and external coordination of Indian concerns, to
improve communication of Indian policy and assist in the delivery of Indian related
training.
Signed an agreement with the National Indian Justice Center to provide training to
BLM managers on working with Indian Tribes, sovereignty, trust responsibility and
religious freedom and, to assist in dispute resolution involving Tribal Governments.
Created Native American Project Teams in Colorado and Wyoming to improve the
BLM's responses to issues raised by Tribes or their members.
37
Mandated that each State Director establish a government-to-government relationship
with Tribes, meet with Tribal leaders, and become more directly involved in issues of
importance to tribes.
Signed a Cooperative Agreement with Colorado State University for the education and
professional development of Indian students in natural resource fields, through BLM
internships.
Minerals Management Service
Operated Indian Royalty Assistance Offices in three western locations to provide direct
assistance to Indian mineral owners regarding their mineral revenues.
Established the Indian Gas Valuation Study Group, including members from MMS,
BIA, Indian Tribes, and allottee groups, which is in the process of revising Indian gas
valuation regulations.
Established cooperative audit agreements with Indian Tribes to empower them to audit
their own mineral leases and revenues.
Launched a "Circuit Rider," a cooperative DOI Indian minerals outreach program to
meet and consult on a recurring, regular schedule with Indian mineral owners. The
first cycle of this schedule has been completed for the Muskogee Area Tribes.
Issued MMS Statement of Policy and Approach on Indian Royalty Management to
help define and communicate its trust responsibility.
Office of Surface Mining Reclamation and Enforcement
Established, with the Navajo Nation and the BIA, a Mine Plan Review Committee to
review mining activities on the Navajo Reservation.
Created a task force to assist Tribes in developing regulatory surface mining programs
in accordance with the Energy Policy Act of 1992.
Created a task force to study the feasibility of creating an Office of Indian Excellence
to handle all activities on Indian lands.
Provided $3 million for a Cultural Center and Museum on the Navajo Reservation.
Settled litigation with the Navajo Nation, Hopi Tribe and the United States over
regulation of surface coal mining on Indian lands. The terms of the settlement allows
38
the Tribes to retain sovereign authority to regulate mining on lands within their
jurisdiction as long as they are consistent with federal regulations.
U.S. Fish and Wildlife Service
Completed an historic Native American Policy setting forth general principles that will
guide the Service's affairs with Indian Tribes.
Created Native American liaison offices at each of the seven Regional Offices of the
Fish and Wildlife Service, and are in the process of establishing a headquarters liaison
office.
The new National Eagle Repository in Denver, Colorado is nearing completion, and
should be fully operational in early July. This should greatly improve the Services
ability to provide eagles and parts to American Indians for religious purposes.
Adopted a new and simplified Eagle Permit application for American Indians seeking
eagle for religious purposes.
Established a Memorandum of Understanding with the White Mountain Apache Tribe
articulating the principles of the Fish and Wildlife Service's trust responsibilities.
Provided training to agency personnel to raise sensitivity towards and understanding of
Native Americans, including cultural and religious issues.
National Park Service
Created an American Indian Liaison Office at headquarters as part of the National Park
Service Restructuring Plan and continued the American Indian Liaison Offices in the
Southwest and Rocky Mountain Regional Offices.
Provided cooperative training with Park personnel and American Indians to improve
understanding of National Park Service responsibilities to Indian Tribes.
The Parks as Classrooms provided education and training in National Parks to
American Indian students and teachers.
Awarded $1,835,000 in grants to 43 American Indian Tribes for projects to protect
their cultural heritage.
National Biological Service
39
Developed an American Indian Policy, currently under legal review, that will establish
general guidance for all NBS activities.
Conducted training programs to familiarize Indian students with careers in natural
resource management and science.
U.S. Geological Survey
Established a network of Indian affairs coordinators for USGS programs in order to
increase responsiveness to Indian affairs.
Developed outreach programs to keep Indian Tribes informed of USGS national
energy and mineral assessment projects.
Sponsored and conducted Indian education programs at Haskell Indian Nations
University on hydrology and geographic information systems and at Indian schools in
San Carlos, Arizona and in Bad River, Wisconsin on geologic concepts.
Solicited participation of Indian tribes on advisory committees and workshops for the
National Water Quality Assessment Program, ecosystem studies and geologic studies.
U.S. Bureau of Mines
Consulted with 25 Tribes to target environmental and resource issues requiring
technical assistance.
Prepared agreements to conduct economic and market assessments of aggregate and
gravel resources for Campo Band of Mission Indians, Soboba Band of Mission
Indians, Torres-Martinez Band of Mission Indians, the White Mountain Apache Tribe,
and the Shoshone and Arapaho Tribes of the Wind River Reservation.
Utilized ground-penetrating radar system to locate remnants of Native villages near
Barrow, Alaska as part of archeological research supported by the USBM, the National
Science Foundation, other Interior agencies, among others.
Bureau of Reclamation
Completed an Indian Trust Resources Policy to ensure that obligations concerning trust
resources are upheld.
Conducted American Indian cultural awareness workshops at regional offices.
40
Provided training about the Indian Self-Determination Act for Reclamation employees
to facilitate Tribes' contracting under the Act.
Funded programs at Central Washington and Arizona State Universities, Southwestern
Indian Polytechnic Institute, and the Hualapai Indian Tribal Council to further natural
and cultural resource training for Indian students.
Provided financial or technical assistance for municipal, rural and industrial water
supply system studies for numerous Tribal Nations, including Navajo, Standing Rock
Sioux, Chickasaw, Shoshone and Arapahoe (Wind River), Northern Cheyenne, and
Havasupai.
Provided technical assistance in such areas as well rehabilitation, fisheries, and river
basin management to numerous Tribal Nations, including the Yakima, Laguna Pueblo,
Navajo, Pima and Maricopa (Gila River).
Provided staff and financial assistance to 30 Departmental teams concerned with
negotiating Indian water rights settlements or implementing completed settlements.
Provided instructors or funding for technical water resources training programs for
Indian students at New Mexico State University, Haskell University and Cispus
Learning Center.
Provided specialized technical training programs for several Tribes in such areas as
water measurement; water flow models; irrigation system operations and maintenance;
and municipal, rural and industrial water supply systems.
41
DEPARTMENT OF JUSTICE
National American Indian Listening Conference
The Department of Justice has made the development of a new partnership with Indian
Tribal Governments a priority. On May 5-6, 1994, the Department of Justice and the
Department of the Interior sponsored the National American Indian Listening
Conference in Albuquerque, New Mexico. The Conference was designed to be the
first step in the process of forging a new partnership with Tribal Nations. In order to
be a better partner, the federal government needs to be a better listener. The Listening
Conference provided an opportunity for tribes to describe their vision of this new
partnership to federal officials. In response to tribal concerns and in accordance with
the Department's duties in Indian Country, we have taken the following steps during
the past year:
Creation of the Office of Tribal Justice
At the Listening Conference, it became apparent to the Department that we needed to
establish a permanent channel for tribes to communicate their concerns to the
Department. The Office of Tribal Justice was established to provide such a point of
contact within the Department for Indian Tribes. This office will ensure better
communication between the Department and Tribes.
The Office of Tribal Justice also is another step toward our goal of Reinventing
Government. One of the roles of the office will be to ensure internal uniformity of
Department policies, litigating positions, and legislative efforts relating to Indian
Country. By coordinating and focusing the Department's policies and positions on
Native American issues, the Office of Tribal Justice will enable existing Departmental
programs to operate more effectively and lead to better service to Indian tribes and
Indian people.
The Department is confident that through the Office of Tribal Justice the Department
will address issues that are of importance to the First Americans with renewed
effectiveness.
Native American Religious Rights
Last year, the Department was actively involved in development of a bill to protect
Native American religious rights. We worked with the Department of the Interior, a
coalition of tribes, the Senate Committee on Indian Affairs, and the House
Subcommittee on Native American Affairs to redraft legislation.
42
In addition, the Department worked with the other federal agencies, the House
Subcommittee on Native American Affairs, and tribal groups on an amendment to the
American Indian Religious Freedom Act (AIRFA). This amendment protects the right
of Indians to possess and use peyote for religious purposes. Both the House and
Senate have passed the amendment, and the President signed it last fall.
Indian Gaming
The Department has filed several briefs defending the constitutionality of the Indian
Gaming Regulatory Act (IGRA), which provides the regulatory framework for Tribes
to engage in gaming activities. We also have successfully opposed in federal district
court attempts by gaming competitors and dissident Tribal members to stop the
opening of legal gaming operations in Mississippi, Louisiana, and California. This has
permitted these Tribes to have access to much needed revenue for Tribal social and
economic development programs.
Litigation Brought on Behalf of Tribes Defending Treaty Rights and Tribal Sovereignty
The Department, primarily through the Environment and Natural Resource Division's
Indian Resource and Appellate Sections, brings affirmative litigation on behalf of
Tribes and against third parties (often states and their political subdivisions) seeking,
among other things, to defend aspects of Tribal sovereignty and treaty rights, establish
Tribal water rights, quiet title to Tribal lands, resolve reservation boundary and survey
disputes, redress trespasses to Indian lands. As the following cases illustrate, we have
had an active and successful year litigating cases on behalf of Tribes:
1. Cases
U.S. V. Washington -- In a landmark victory for the United States and the Tribal
Nations, a federal district court recently issued an opinion confirming the treaty right
of 16 northwestern United States Tribes to a 50% share of the shellfish take. This
decision represents a major success for the particular tribes involved and, more
generally, for the defense of Indian treaty rights.
Southern Ute Tribe V. State of Colorado -- The federal district court entered summary
judgment in favor of the Tribe and the U.S. (participating as amicus curiae) in this
action brought to challenge state and county taxation of the Tribe's reservation income
from oil and gas activities on its fee-owned lands. Significantly, the court rejected the
defendants' assertions that the reservation had been diminished and that the Tribe's fee
lands are taxable pursuant to a recent Supreme Court case.
43
Mille Lacs Band of Chippewa Indians V. Minnesota -- The federal district court held
that the Tribe's treaty right to hunt, fish, and gather continued to exist on ceded
territory.
In Re Gila River Adjudication -- The state court issued a crucial ruling in this general
stream adjudication, holding that the sub-flow of a river in Arizona is hydrologically
connected to the surface flow. The significance of this ruling is that the groundwater
users in the Basin, heretofore exempt from the court's jurisdiction, must quantify their
claims to water and face subjugation of their water use to the senior rights of the
Arizona Tribes with rights in the Basin.
County of San Diego V. Babbitt -- The federal district court dismissed a challenge to
the Secretary of the Interior's approval of a Tribal economic development project to
construct and operate a solid waste disposal facility.
U.S.ex rel Cheyenne River Sioux Tribe V. South Dakota -- The federal district court
granted summary judgment in favor of the United States and the Tribe in a suit filed
by the Environment and Natural Resources Division that challenged state imposition of
an excise tax on motor vehicles owned and operated by members of the Tribe living
on the Cheyenne River Reservation. The court also granted in full the United States'
motion to dismiss the State's counterclaim.
Black Hills Inst. of Geological Research V. South Dakota School of Mines & Tech. --
The Eighth Circuit upheld a district court ruling that the Black Hills Institute, which
had excavated and removed a Tyrannosaurs Rex fossil (the largest and best preserved
ever found) from an Indian allotment held in trust by the United States, had no interest
in the fossil because its purported purchase from the Indian allottee owner never was
approved by the federal government. The United States was represented by the
Appellate Section of the Environment and Natural Resources Division.
United States V. Tenneco -- In an exemplary model of inter-agency cooperation, the
Department of Justice has issued a formal demand letter to Tenneco Oil in anticipation
of filing an action on behalf of the Secretary of the Interior and the Environmental
Protection Agency for the benefit of the Sac and Fox Nation and its members to seek a
remedy for the saltwater pollution and degradation of the land and groundwater
resources of the Sac and Fox Nation caused by improper operation and maintenance of
oil and gas leases. This pollution has deprived the Nation of its sole natural water
source - it currently pays to have water piped in from an off-reservation source - and
has inhibited economic development and the expansion of social programs on the
Reservation.
United States V. Gila Valley Irrigation District --the federal district court for the
District of Arizona ruled, in a case filed by the Environment and Natural Division, that
federal reserved water rights include the right to water of sufficient quality to support
44
reservation commercial agriculture and that the United States can enjoin non-Indian
upstream farmers from employing farming practices, and water use practices, including
ground water pumping, that degraded the tribal water source.
United States V. Idaho -- Reaffirming fundamental principles of sovereign immunity,
the Supreme Court struck down an Idaho statute that attempted to "tax" federal water
rights, including rights held for the benefit of Indian Tribes. The State of Idaho, as
part of its adjudication of all rights to use water from the Snake River system, required
all water users, including the United States, to appear as defendants in the adjudication
and pay a "filing fee" measured by the extent of the right claims. Failure to pay the
fee would, under the State scheme, result in forfeiture of the right. The State sought
to collect in excess of $10,000,000 from the United States, much of it based on the
water that the United States had reserved for the benefit of various Tribal Nations in
Idaho. When the Clerk of the Court refused to accept the government's claims for
filing, because they were not accompanied by the fees, the Environment and Natural
Resources Division brought an action in mandamus that led to the eventual Supreme
Court victory.
2. Procedure
In response to Tribal suggestions, the Department has initiated work to enhance our
advocacy on behalf of Tribes. We have proposed to establish an internal procedure for
handling litigation brought on behalf of Tribes that would provide additional
opportunities for consultation with Tribes throughout the litigation process.
Claims Against the United States
The Department also defends the United States (typically the Secretary of the Interior)
in challenges to its implementation of Administration Indian policy. These challenges
often take the form of lawsuits by States, non-Indians, individual Indians, or Tribes
that disagree with policy and administrative decisions on Indian matters.
1. Cases
Flathead Joint Board of Control V U.S. -- Three Irrigation Districts and their Joint
Board of Control were spurned in their efforts to find the United States in breach of
alleged statutory and contractual obligations to turn over to non-Indian interests the
operation and maintenance of the irrigation works and power distribution system of the
Flathead Indian Irrigation Project on the Flathead Indian Reservation in Montana. The
Tribe presently operates the power division under a contract with the United States.
The present operation and management of the irrigation works by BIA protects Indian
interests and treaty based water rights.
45
South Dakota V. Department of the Interior -- The district court rejected a challenge to
the Secretary's decision to take newly acquired land into trust for the Lower Brule
Sioux Tribe to be used for economic development.
2. Claims Settlement
The Department intends to play a more active role, where appropriate, in the process
of pursuing settlement claims where tribes sue the United States. This resolve is
illustrated by the Department's efforts in securing the enactment of the Confederated
Tribes of the Colville Reservation Grand Coulee Dam Settlement Act, which settled a
40-year old lawsuit over whether the United States failed to honor commitments to
afford the Tribes a share of the revenues from Grand Coulee Dam which was
constructed, in part, on reservation lands. The settlement agreement and legislation
compensate the Tribes for lost revenues from 1941 to the present and provides annual
payments to the tribes beginning in 1996.
Criminal Investigation and Enforcement in Indian Country
Crime extracts a tremendous price from the communities of this Nation. Indian
communities have paid particularly high costs both in terms of broken lives and in
dollars lost. By statute, the Department through the United States Attorneys' Offices
is responsible for the prosecution of major and other crimes between Indians and non-
Indians in most of Indian Country. The Department is committed to carrying out these
responsibilities in a manner consistent with the government-to-government relationship
between Tribal Nations and the federal government.
The United States Attorneys' Offices and the Criminal Division -- in conjunction with
the Federal Bureau of Investigation (FBI), the Bureau of Indian Affairs (BIA), and the
tribes -- are working to address the unique problems of combatting crime in Indian
Country. The prosecution of violent crimes against victims in Indian Country is one
of the Department's highest enforcement priorities, especially where the victims are
children.
1. Federal Prosecution of Crime in Indian Country
The Justice Department has taken several important steps aimed at improving its
responsiveness to crime and crime victims in Indian Country. United States Attorneys'
Offices with significant Indian jurisdiction have focused on how to provide better service to
the Native American population.
Special Assistants for Indian Affairs -- The Department has encouraged United States
Attorneys to appoint special assistants for Indian Affairs in order to develop better
working relations with Tribal Nations and to provide a point of contact for crime
46
victims and their families, tribal law enforcement officers, victim advocates, social
workers, prosecutors, and other officials. In recognition of the importance of this task,
26 additional Assistant United States Attorney positions have been provided to those
districts containing significant amounts of Indian Country.
Development of Agreements to Resolve Problems of Overlapping Jurisdiction -- The
problems involving the scope of federal, State, and Tribal jurisdiction present a barrier
to effective law enforcement in Indian Country. Several U.S. Attorneys' Offices have
worked with federal, State, and Tribal agencies to develop memoranda of
understanding (MOU) to address problems caused by overlapping jurisdictions. For
example, in 1994, the Tribal Nations and United States Attorneys Offices in Oklahoma
worked with the FBI, BIA, the Indian Health Service, and the State to developed an
MOU to guide the investigation, reporting, and prosecution of physical and sexual
abuse of Indian children. Several additional United States Attorneys' Offices are
exploring the possibility of MOUs with other sovereign Tribal Nations.
Training -- Within the Department, we are redesigning our training programs to ensure
that federal prosecutors understand the jurisdictional framework for Indian Country,
the law, and their responsibilities to American Indian communities. The FBI is
providing similar training for agents assigned to Indian Country or having significant
responsibilities in Indian Country. Our goal is to ensure that our federal enforcement
responsibilities are carried out sensitively, responsibly, and effectively.
Prosecution of Child Sexual Abuse -- The prosecution of federal child sexual abuse
statutes in Indian Country is an area of great concern within the Department. Since
the enactment of the Indian Child Protection Act, the Crime Control Act, and the
Indian Law Enforcement Reform Act in 1990, the Department has taken steps to
enhance its responsiveness to Indian child victims and to utilize fully the tools
provided by Congress. On issues of child protection, the Child Exploitation and
Obscenity Section (CEOS) of the Criminal Division enhances, through its expertise
and human resources, the efforts of United States Attorneys. CEOS is a litigation
section staffed by attorneys with backgrounds and expertise in child protection issues
and the prosecution of child exploitation cases. Since November 1994, CEOS has
hired seven attorneys with extensive expertise in child sexual abuse and Indian Country
issues.
Correction Facilities in Indian Country As part of a pilot project to address the need
for corrections and treatment facilities in Indian Country, the Department is exploring
the possibility of opening a Halfway House in Indian Country in New Mexico. Such
Halfway Houses would allow Indian offenders to remain in their communities within
reasonable proximity to their families.
47
2. Federal Criminal Investigation in Indian Country
The FBI and the BIA work together to investigate federal crime which occurs on Indian
Country. To be effective in reducing crime in Indian Country, increased prosecutorial
resources must be mirrored by an increase in law enforcement personnel.
Law Enforcement Cooperation -- In 1995 and 1996, the United States Attorneys will
encourage the further development of Tribal police and law enforcement programs and
aggressive cross-designation of Tribal police with BIA and other appropriate policing
authorities.
Additional Federal Law Enforcement Personnel -- Twenty-seven additional FBI agents
will be assigned to supplement the agents currently conducting investigations in Indian
Country.
Tribal/Federal Cooperative Programs -- Because of the complex jurisdictional issues
and the expanse of Indian Country, the FBI works with tribes to develop cooperative
law enforcement efforts. These efforts include the initiation of Operation Safe Trails
in cooperation with the Navajo Nation's Department of Law Enforcement. This
program, which is designed to address major crime and sexual abuse in Indian
Country, is staffed by a task force of FBI Special Agents and Navajo Nation Police
Officers. FBI field offices in other areas are exploring the possibility of implementing
Safe Trails programs. In addition, the FBI has developed pilot programs to train
Tribal police in FBI facilities. The FBI plans to expand its programs and training
efforts to include regional training programs for Tribal police officers.
3. Building Tribal Capacity to Address Crime
Although the Department enforces federal law in much of Indian Country and works
with Tribes to prevent crime, the solutions to the crime problem must come from
within Tribal communities. The Department is committed to enhancing the capacity of
Tribal Nations to confront the problems of crime in Indian communities.
Tribal Law Enforcement -- The Community Oriented Policing Services (COPS)
program was established under the Violent Crime Control and Law Enforcement Act
of 1994. COPS is committed to helping Tribal Governments control crime by helping
them hire more police officers and expand their law enforcement capacity. In FY
1995, 128 Tribes have received over $9 million in funding from police hiring grants.
Such direct grants to Tribes are an important step toward building tribal law
enforcement capacity.
Tribal Courts Project -- Tribal courts are critical to effective law enforcement in Indian
Country. The Department has initiated a Tribal Courts Project to assist tribes in
developing and strengthening their systems of justice, SO that Tribal Governments are
48
able to establish, maintain, and enforce the laws that govern Indian lands. The Tribal
Courts Project -- which coordinates its activities with the BIA -- is undertaking a
number of efforts related to the improvement of Tribal family court and juvenile
justice systems. The Project is about to initiate a Tribal Court - DOJ Partnership
Program with certain Tribal Governments, which will coordinate Department resources
aimed at improving Tribal systems of justice. The particular emphasis of the
Partnership will be family violence and juvenile justice. The Department tentatively
plans to focus resources on increased training opportunities for Tribal Court judges in
those areas, and will support traditional Tribal justice systems such as the Navajo
Nation Peacemaker Division -- for the handling of juvenile justice issues.
The Bureau of Justice Assistance (BJA) provides formula grants to states to assist state
and local criminal justice systems. Tribal Governments are eligible to receive funding
from the states under this program. In addition, BJA tentatively has planned to
provide the following awards directly to tribes: planning grants to three reservations
for the establishment of a comprehensive plan to reduce crime, domestic violence, and
drug/alcohol abuse; funding for the improvement of Tribal Court systems, including
the possible establishment of a pilot program to increase the effectiveness of
prosecutions of child sexual and physical abuse; support for training and technical
assistance for programs in Indian Country offered by the Office of Victims of Crimes
and Bureau of Indian Affairs Law Enforcement; and work with the Boys' and Girls'
Clubs of America to explore the feasibility of establishing sites in Indian Country.
The Office of Juvenile Justice and Delinquency Prevention (OJJDP) manages the
Native American pass-through provision of the Juvenile Justice and Delinquency Act.
In addition, OJJDP provides training, technical assistance, and grant funds to Tribes
and institutions for the prevention and treatment of juvenile delinquency. Currently,
OJJDP is engaged in, or planning, several initiatives in Indian Country. OJJDP is
providing assistance to the Pueblo of Jemez, Navajo Nation, Gila River Indian
Community, and the Red Lake Band of Chippewa Indians to develop community-
based alternatives to secure detention and incarceration facilities. In FY 1995, OJJDP
plans to identify a site in Indian Country for one of five "Safe Futures" programs.
Safe Futures will focus on implementing a comprehensive delinquency prevention and
intervention program. This program will enhance public safety and provide a
continuum of care for at-risk and delinquent youth.
The Office of Victims of Crime (OVC) works with federal, State, and Tribal
authorities to support programs to compensate and assist victims of crimes. In
addition, OVC offers training for Tribal, State, and federal law enforcement officers,
prosecutors, and social service and mental health staff through the biennial Indian
Nations Conference.
49
Addressing Domestic Violence -- No discussion of crime would be complete without
stressing the tremendous impact that family violence has on the growth and spread of
crime. A child that observes domestic violence grows up to accept violence as a
normal part of life and is more likely to become an abuser or an abuse victim. As a
society we must take the position that family violence will not be tolerated. The
Violence Against Women Act, established under the Violent Crime Control and Law
Enforcement Act of 1994, authorizes and appropriates funds for a grants program to
combat violent crime against women. These grants are designed to develop and
strengthen effective law enforcement strategies to combat violent crimes against
women and strengthen victim services in cases involving violence against women. The
Act stipulates that 4% of the appropriated funds must be reserved for direct grants to
Tribal Governments. The Office of Justice Programs anticipates awarding 15-20
grants to Tribes through this discretionary program in FY 1995.
Civil Rights Protections
The Department has been very active over the last several years enforcing statutes that
prohibit discrimination against Native Americans. That activity includes the following:
1: Housing
We brought four lawsuits in South Dakota alleging discrimination against Native
Americans. At the time of filing we conducted a major press conference in which
representatives of several Tribes participated along with Attorney General Reno. One
case was against a bank. The other three were brought against owners and operators
of rental housing (two located in Sioux Falls and one in Rapid City) and resulted from
evidence gathered as part of the Section's fair housing testing program.
Since the filing of the cases, we have successfully resolved each of them.
2. Voting
The Department has taken several actions that have resulted in significant increases in
Native American voter registration and voter turn-out. In April 1994, extensive
programs to provide information and assistance in the Navajo and Pueblo languages
resulted from U.S. V. Cibola County, New Mexico and U.S. V. Socorro County, New
Mexico. In September 1994, a similarly extensive program was set out in our revised
consent decree in U.S. V. Sandoval County, New Mexico. We are seeking to extend
our consent agreement affecting McKinley County, New Mexico, and we are
continuing to monitor our consent agreement affecting Navajo speakers in Apache and
Navajo Counties, Arizona.
50
In April and May 1994, the Attorney General objected under the Voting Rights Act to
the addition of superior court judgeships in Coconino and Navajo Counties, Arizona,
where the judges would be elected under methods that are unfair to Native Americans.
Federal observers were assigned under the Voting Rights Act to monitor polling place
activities and the effectiveness of the counties' use of the Navajo and Pueblo languages
during the 1994 primary and general elections in Apache and Navajo Counties,
Arizona, Cibola, McKinley, Sandoval, Socorro Counties, New Mexico (federal
observers also monitored the 1995 school board election in the latter two counties),
and the 1994 general election in San Juan County, Utah.
3. Education
In 1993, we initiated an investigation into allegations that Native American students in
San Juan County, Utah, were being denied equal educational opportunities because of
their race and limited-English-speaking proficiency. Among other things, the school
officials were accused of failing to provide academic courses and extracurricular
offerings at predominantly Indian schools which were comparable to predominantly
white schools; failing to properly address language barriers faced by Indian students;
and refusing to build a high school in a remote area populated mostly by Indians,
while placing schools in remote areas populated largely by whites. The school district
encompasses a vast area, much of which is on the Navajo Indian Reservation. In
addition to our own investigation, we also received a Title VI referral from the Office
for Civil Rights (OCR) of the U.S. Department of Education following their finding
that Navajo children in the San Juan County School District who speak primarily the
Navajo language are not offered an adequate language remediation program, and that
the district has failed to meet its agreement to develop and implement an appropriate
bilingual program.
In 1994, the Attorney General approved the United States' intervention in two private
suits, Sinajini V. San Juan County School District and Meyers V. San Juan County
School District, to challenge the above described practices.
51
DEPARTMENT OF LABOR
Legislative Authority
Public Law 97-300, Job Training Partnership Act (JTPA), as amended by Public Law 102-
367, Job Training Reform Amendments of 1992
Title IV, Part A, Sec. 401-Native American Programs
Title II, Part B, Sec. 252(a) - Summer Youth Programs
Public Law 102-477, Indian Employment, Training and Related Services Demonstration Act
of 1992
Program Description
These programs are designed to increase the economic well-being of Native
Americans, Native Alaskans and Native Hawaiians by direct placement into jobs and
by providing job training and related services which will lead to placement in
unsubsidized employment. The JTPA program currently has 182 designated grantees,
and the majority are tribal governments and consortia. Other grants are awarded to
Native American non-profit organizations serving urban areas. Grantees are designated
for a two-year period. The current designation period began on July 1, 1993 and will
end June 30, 1995 (Program Year's 1993 and 1994). There are currently 10 JTPA
grantees with approved plans to participate in the P.L. 102-477 demonstration
program. This program permits federally recognized Indian Tribes, including Alaska
Native Villages, to submit plans that integrate employment and training formula based
funds from the Departments of Interior, Health and Human Services, and Labor.
The Department of Labor has strived to fulfill the President's commitment to Indian
leaders by administering employment and training programs for Indian Tribes founded
on a government-to-government relationship. The Assistant Secretary for the
Employment and Training Administration has designated the Division of Indian and
Native American Programs (DINAP) with this responsibility, pursuant to Sec. 401(j)
of the amended Act.
GI Bill For America's Workers
The Administration's G.I. Bill for America's Workers consolidates youth programs
into block grants that shift funds, power, responsibility and accountability for such
programs to local governments, which are closest to the people to be served. There
would, however, continue to be separate funding for Tribal Governments, just as there
52
is now under the Job Training Partnership Act (JTPA). Proposals to consolidate
Indian programs with state block grants undermine the very essence of local
empowerment and Tribal self-determination. State block grants that include Indian
funding are inconsistent with the President's commitment to Tribal Leaders and their
independence from State governments.
Division Chief
Effective August 1994, Thomas M. Dowd, a Hopi tribal member, assumed the duties
of Division Chief for the Indian and Native American Employment and Training
Program. Mr. Dowd has been working to effect a partnership between the Indian and
Native American community and the Department of Labor that improves program
results. He has attended several regional meetings to discuss program issues with
grantees throughout Indian Country.
Advisory Council
The Native American Employment and Training Council was established by statute
when the Act was amended in 1992 (JTPA, Title IV - Part A, Sec. 401). The
Department views the Council as its direct link to the Native American community for
advice, consultation and input on all matters impacting the Indian and Native
American Program.
The Council must meet not less often than twice each program year and maintain a
membership of no fewer than 17 Indians, Alaskan Natives and Hawaiian Natives. The
Indian and Native American grantees recently submitted 68 nominations to fill ten
Council seats. This is the greatest number of nominations ever received from the
grantee community. A list of nominations has been forwarded to the Secretary of
Labor for his consideration and to make appointments.
In addition, the Department expanded the Council by one to include a representative
from the State of Oklahoma. This decision was based on the fact that Oklahoma is
expressly cited in the Act at Sec. 401 (c)(1)(a) because of the unique historical and
political circumstances in the development of Oklahoma as a State and its relationship
to the Indian Tribes formerly removed to "Indian Territory."
In order to make "partnership" a meaningful part of our dialogue with grantees, all
major policy issues are presented to the Advisory Council for their consideration and
advice. Preparations are being made for an Advisory Council meeting to be held at
the National Indian and Native American Employment and Training Conference in
Bismark, North Dakota this May.
53
Partnership Plan Meeting
The first ever "Partnership Plan Meeting" was held in Washington, D.C. from April
10th to the 12th involving eighteen grantees from throughout Indian Country. This
meeting provided the grantee community and DINAP an opportunity to develop
practical steps to improve the success of the program as true partners.
The practical steps adopted by the group will be finalized and submitted to grantees
for consideration and adoption at the National Indian and Native American
Employment and Training Conference in Bismark, North Dakota.
The finalized Partnership Plan will serve as a blueprint for program success for the
next 18 months. The plan will also outline each partner's responsibilities. Again, this
is the first time a partnership plan has been developed with our partners that focuses
on success and improved results.
A second "Partnership Plan Meeting" is currently being scheduled for June involving
several members of the Advisory Council and others from throughout the grantee
community. This meeting will follow the national conference and primarily focus on
implementation. The overall plan will be activated at the beginning of Program Year
1995 (July 1, 1995).
Designation Process
The "waiver of competition" provision included in the 1992 JTPA Amendments was
successfully implemented for the first time during the recently completed designation
process. The law provides the Secretary with the right to waive competition for a
grantee that is successfully administering a current grant.
On September 26, 1994 DINAP issued Bulletin No. 94-07 for the purpose of
transmitting the Designation Process for Program Years 1995-1996. The process
remained essentially the same as past years with the exception of the waiver of
competition as provided in section 401(1) of the Act, as amended. This process
resulted in 139 waivers of competition, or 76% of existing grantees redesignated
without competition.
On March 1, 1995, the Department of Labor designated one hundred ninety-one tribes
and organizations as Indian and Native American Job Training Partnership Act (JTPA)
grantees for the two-year funding cycle that starts on July 1, 1995. The 191 grantees
represent 97 federally recognized Tribal Nations, 16 Tribal consortia, 15 Alaska Native
organizations, 61 non-profit Indian-controlled organizations, one Hawaiian Native
organization and one Hawaiian state agency. This streamlining effort substantially
reduced paperwork, staff time and grantee administrative burden. Grantee feedback
54
has been very positive.
Section 401 Program Evaluations
The Employment and Training Administration (ETA) will conduct a 24-month study
to determine the nature and quality of employment training and supportive services
provided by the Indian and Native American (INA) program. It is expected that the
results of the study, culminating in a final report, will be used by ETA, program
grantees and service provider, to improve the efficiency and effectiveness of the INA
program.
Critical to the success of the study is for researchers to have an intimate understanding
of Native American culture and its effects on service strategies and program
administration regarding INA participants. To insure this critical understanding,
DINAP's Native American Employment and Training Council (advisory council)
members reviewed and commented on pre-RFP questions and essential research tasks.
The Council has also been asked to serve as a technical advisory group during the
course of the study to assist the research contractor. The contract must be awarded no
later than June 30, 1995.
Office of Federal Contract Compliance Programs (OFCP) and the Tribal Employment
Rights Organization (TERO)
The Progress Report draft for the Department omitted mention of the OFCCP Tribal
Employment Rights Organization (TERO) and Native American initiative. The OFCP
Regional Offices (RO) made about 250 contacts with Tribal and Native American
leaders during fiscal year 1994. The ROs invite TERO Directors and other Native
American officials to participate in regional management meetings and to make
presentations regarding their concerns. The TEROs serve as linkage groups for the
placement of Native Americans with Federal contractors and helps these contractors
find qualified Native Americans for employment. They also provide vocational and
other training programs for residents of the reservations and apprenticeship training
from the Department's Bureau of Apprenticeship and Training and through the Job
Training and Partnership Act.
OFCCP recognized two Native American groups during the annual OFCCP awards
ceremony in 1994. The Exemplary Public Interest Contribution Award (EPIC),
initiated in 1994, was presented by the Deputy Assistant Secretary, OFCCP to The
Council for Tribal Employment Rights, Normandy Park, Washington and to the
Cheyenne River Sioux Tribe TERO, East Butte, South Dakota. The Council which
comprises 100 TEROs and the Cheyenne River Sioux Tribe TERO have played key
roles in helping Native Americans achieve economic sufficiency and in solving
persistent and serious problems of poverty, inadequate education and unemployment.
55
SMALL BUSINESS ADMINISTRATION
Activities/Accomplishments
In March 1995, the SBA selected Montana, South Dakota and North Dakota as
participants in the Minority Pre-qualification Pilot Loan Program. This Program is
specifically directed at reservation communities and is designed to alleviate some of
the difficulties of lending in reservation communities. The intent of this Program is to
pre-qualify individuals, or Tribal Organizations, for an SBA guaranteed loan for new
or expanding business ventures "prior to" their first meeting with a financial lender.
This program will encourage Indian businesses to establish relations and a credit
history with financial lenders, assist in the development of reservation based
businesses, and foster creation of a private sector Indian business economy. Currently,
the SBA Montana, North Dakota and South Dakota District Offices are conducting
reservation workshops to explain this and other SBA program opportunities.
SBA continues to monitor and fund the Oregon Native American Native American
Business Entrepreneurial Network (ONABEN). ONABEN is a Pilot Program for the
SBA, a permanent entity for the Oregon Tribes. It is a not for profit corporation
charted by the Confederated Tribes of Grand Ronde, Klamath, Siletz and Warm
Springs and was founded in July 1991, to create reservation based, Indian Business
Development Centers. These Centers provide Tribal members: a variety of business
development classes (from how to start a small business to marketing and cash flow
analysis); counseling; academic credit from Northwest Indian College (NWIC) for
attendance; micro-loans; support for SBA, BIA, FMHA loan applications and servicing
and one-on-one technical and management assistance once the business is up and
running. ONABEN has an outstanding impact on these reservation communities, for
both Indian and non-Indian people, and has succeeded in creating an Indian business
private sector and an expanded economic base for Indian Tribes throughout Oregon.
To expand and support business development opportunities for Indian people the SBA
will provide (3) three high-technology mini-Business Information Centers to ONABEN
in May 1995. These Centers will be located on the Grand Ronde, Warm Springs and
Klamath reservations. In addition, the SBA is working with other Tribes around the
country to develop more successful reservation based, Tribally driven, Indian Business
Development Centers.
The SBA is working with, and closely monitoring the Defense Acquisition Regulatory
Council (DARC), in the re-drafting of Federal Acquisition Regulation (FAR) Part 26
which implements the Indian Incentive Program (IIP). The IIP, initially created by a
1987 amendment to the Indian Financing Act, promises Federal Prime contractors a
flat monetary five percent (5%) subcontract "bonus" to utilize Indian businesses. The
legislative intent of the Act is to provide Federal prime contractors with an incentive
to reach into Indian Country and utilize Indian Businesses located in reservation
56
communities. Since 1987 Department of Defense (DOD) appropriations have provided
$8.0 million, drawn pro-rata, out of Title III Procurement accounts to pay the
incentives. Unfortunately, the current interim rule published in the FAR in 1988
virtually did away with the IIP. SBA however, has been working with the DOD to
develop a new rule. We hope to announce the publication of a new regulation by June
1995. It is the SBA's position, that the IIP is implemented correctly through
regulation, will provide substantial business and economic support for reservation
based businesses participating in Federal procurements.
Since the appointment of Quanah Crossland Stamps, SBA Assistant Administrator,
Native American Affairs (AA/ONAA) in October 1994, she has met with fourteen
Tribes in five states to discuss Tribal Business development opportunities, the SBA
8(a) Program, the SBA Micro-loan Program and the creation of reservation based
Small Business Development Centers. In addition to traveling to these reservation
communities, Quanah has visited 5 of the SBA District Offices which service Indian
communities to encourage and facilitate cooperative working relationships between
SBA District Directors, Tribal Leaders, Tribal Economic Development staff and the
Bureau of Indian Affairs.
In February 1995, SBA created a separate Native American Goal category and
negotiated Native American Lending goals with 28 SBA District Offices servicing the
Indian communities across the United States. This new goal category is designed to
increase participation by SBA District Offices in assisting Native American businesses
in accessing capital markets.
The AA/ONAA has developed an aggressive marketing strategy directed at both the
Federal and private sector business community. Specifically, SBA continues to
encourage large Federal Prime contractors to enter into Mentor/Protege agreements
with Indian businesses and Tribal Organizations, outlines the business and monetary
opportunities of locating businesses subsidiaries in reservation communities, and the
benefits of teaming and contracting with individual Indian businesses and Tribal
Organizations.
In Fiscal Year 1995 which began October 1, 1994, the SBA has made 48 micro-loans
to the Native American community in the amount of $5,147,270 and 132 SBA
Guaranteed loans totaling $22,531,782.
The SBA has proposed a legislative amendment to the Small Business Act to eliminate
the requirement for Tribes to prove they are economically disadvantaged prior to
acceptance into the SBA Minority Enterprise Development 8(a) Program.
The SBA is currently sponsoring two Native American conferences in May 1995: The
Third Annual Cultural Tourism Conference for the Alliance of Tribal Tourism on the
Lower Brule reservation in South Dakota May 5-7, 1995; and the Native American
57
Economic Development Conference at KwaTaqNuk Resort in Polson, Montana May
18-19, 1995. This conference will include special presentations by NASA, DOE, and
Battelle Labs on the subject of Technology Transfer and the business opportunities for
Native American businesses. All are welcome to attend!
58
DEPARTMENT OF TRANSPORTATION
Activities/Accomplishments
Secretary Pena issued a Fifteen Point Action Plan relative to Native American
Transportation concerns.
The Federal Lands and Highways Office updated its list of federal and state
transportation planners. This list, which was forwarded to all division offices, was
also provided to the four Indian Technology Centers. The BIA was encouraged to
forward the list to all Tribal Governments.
The Federal Highway Administration (FHWA) awarded a contract in September, 1993,
under the Native American Local Technical Assistance Program (LTAP) which will
assist both Tribal and State transportation planners. The products from this contract
include: 1) Training guides for use by the LTAP centers. These guides will be used
by contractors in teaching transportation planning; 2) A five minute video explaining
the importance of transportation planning, and; 3) A "how-to" guide for use by
transportation planners, which would contain information on how to develop
intergovernmental transportation planning activities.
FHWA has entered into a reimbursable with the Administration for Native Americans
to develop tribal transportation planning capacity. Discussions with the Intertribal
Transportation Association are planned to discuss their possible participation in the
activity.
DOT actively participated in interagency meetings and submitted two letters to OMB
during the past year to move the Native American Religious Freedom Legislation
toward resolution.
In August of 1994, FAA completed the Medicine Wheel Agreement, in which FAA
agreed to minimize the visual, audible, and atmospheric impacts to the Medicine
Wheel National Historic Landmark.
May 10-11, 1994, Denver, Colorado -- American Indian Technology Transfer Center
Meeting. Federal Highways Administration, BIA, four technology centers, and a
group of tribal organizations discussed the center's accomplishments for 1993 and
future activities.
May 24, 1994, Pittsburgh, Pennsylvania -- American Indian Transportation Day at the
Community Transportation EXPO '94. Discussion topics included funding issues for
transit projects, the Intermodal Surface Transportation Act (ISTEA) and its impacts on
tribal sovereignty, communication problems and Local Transportation Assistance
Program coordination with the Federal Transit Administration.
59
July, 1994, South Dakota -- A training session on ISTEA and transportation planning
was conducted by the Federal Highways Administration (FHWA) Division Office for
area Indian Tribes.
August 2, 1994, Shawnee, Oklahoma -- At a bimonthly meeting of the Oklahoma
Tribal Transportation Council, eight tribes, the BIA, and FHWA representatives
discussed the Indian Technology Centers and the current Indian Reservation Road
(IRR) inventory update.
August 10-12, 1994, Kansas City, Kansas -- At the FHWA National Civil Rights
Conference, a session on State/Federal Responsibilities for Native American
participation in ISTEA funded programs was conducted.
August 23, 1994, Norfolk, Nebraska -- The FHWA participated in the Native
American Transportation Coordination Conference.
September 7, 1994, Washington, DC -- A Transportation Research Board planning
meeting was held for the April 23-26 American Indian Transportation and Land Use
Summit.
December 14, 1994, Washington, DC -- A Coordination Meeting for Improving
Transportation Planning Between Indian Tribal Governments, States, Metropolitan
Planning Organizations, and Counties was held. Presentations made by FHWA, FTA,
and an Assistant Secretary to Tribal organizations included the issuance of Secretary
Pena's fifteen point action plan relative to Native American Transportation concerns.
January, 1995, Washington, DC -- At the Transportation Research Board's Annual
Meeting, DOT agency representatives attended the Subcommittee on Indian Affairs
meeting and TRB sessions on Native American Transportation planning.
March, 1995, Washington, DC -- Secretary Pena and FHWA Administrator Slater met
with representatives from the Navajo Nation's Department of Transportation regarding
issues of concern to the tribe.
April, 1995, Albuquerque, New Mexico -- The Department of Transportation will
attend and send representatives to present remarks at the American Indian
Transportation & Land Use Summit. This is the first summit of its kind.
60
DEPARTMENT OF TREASURY
CRA Regulations
On April 19, 1995, the bank and thrift regulatory agencies introduced a final regulation
implementing the Community Reinvestment Act (CRA). The new CRA regulation
will help increase access to capital and financial services in underserved communities
(Tribal communities), and ensure that institutions are extending credit, safely and
soundly as well as fairly, to all creditworthy borrowers.
Community Development Financial Institutions Fund
The Community Development Financial Institutions Fund promotes the revitalization
of distressed communities through the formation and expansion of community
development financial institutions (CDFIs). CDFIs promote revitalization in distressed
communities, including Indian reservations, through lending, investment and
development services. They also target credit to populations such as Native American
individuals and Indian Tribes that have historically been underserved by capital
markets. CDFIs can take many forms including community development banks, low-
income credit unions, loan funds, micro-enterprise funds, multi-bank development
corporations, and community based non-profit organizations. Specifically, the Fund
will conduct a study to identify barriers to private financing on Indian reservations and
make recommendations to address such barriers.
Native American Financial Services Organization
Treasury has been participating in the interagency Native American Finance Working
Group. The group developed a legislative proposal to create the Native American
Financial Services Organization (NAFSO), a for profit, federally chartered corporation.
The NAFSO would assist the CDFI Fund in creating community based Native
American Financial Institutions (NAFIs) which would provide a broad range of
financial services to Native Americans. Specifically, the NAFSO would provide
technical assistance and other services to the NAFIs under a cooperative agreement
with the CDFI Fund. The NAFSO would also provide ongoing assistance to the
existing secondary market for Native American residential mortgages. This legislation
was introduced in the last Congress, and has been reintroduced this year.
Indian Trust Fund Investments
As of March 31, 1995, the Secretary of the Treasury invested about $300 million in
public debt securities held in trust for individual Native Americans and Tribal
Governments.
61
Tax Issues
On October 17, 1994, the IRS published Revenue Ruling 94-65 clarifying that certain
federally chartered corporations organized under section 3 of the Oklahoma Indian
Welfare Act are not subject to federal income tax on the income earned in the conduct
of a commercial business on or off the Tribe's reservation. The ruling also provides
tax relief for Tribes seeking to dissolve a corporation organized under state law and
organize into a federally chartered organization.
The IRS Office of Compliance Specialization is in the process of drafting an Indian
Assistance Handbook to provide general guidance on taxation policies and procedures.
In response to requests for assistance from several Tribes, a provision was included in
the GATT legislation which imposes an income tax withholding requirement on
distributions of profits from certain gaming activities conducted or licensed by Indian
Tribal Governments made to Tribal members after December 31, 1994. Prior to the
enactment of GATT, there was no provision that allowed the Tribes to withhold on
such payments which often resulted in significant tax liability to the Tribal members.
For some Tribal members, this withholding may eliminate the need to make quarterly
estimated tax payments. For others, it will reduce the likelihood that they will face
penalties for underpayment of tax.
Office of the Comptroller of the Currency
The OCC, working with Fannie Mae, is exploring legal issues regarding the ability of
banks to make mortgage loans on Indian reservations, and is working towards
developing innovative solutions to Native American credit needs.
The OCC is preparing guidance for its examiners and national banks on issues
affecting the availability of credit to Native Americans. It will be released this
summer.
The OCC has provided technical assistance to several tribes on credit, investment, and
other financial services that financial institutions can provide.
Tribal Visit
As part of President Clinton's Community Reinvestment Act (CRA) reform effort, the
OCC and the other bank and thrift regulatory agencies held a series of seven public
hearings across the Nation in 1993. Following the hearing in Albuquerque, NM, in
September 1993, former President Peterson Zah invited the Comptroller to visit the
62
Navajo Nation in order to see for himself the lack of credit and banking services on
the reservation.
While touring the Navajo Nation on March 29-30, 1994, the Comptroller met with
representatives from the Navajo Nation Economic Development Division, Shorebank
Advisory Services, the Navajo Business Association, the Navajo Agricultural Products
Industry, as well as the Department of Justice.
He also chaired a meeting between the leadership of the Navajo Nation and more than
30 bankers from New Mexico, Arizona and Utah. Navajo officials have told us this
was by far the largest meeting of its type in their recollection. Periodic reports from
Tribal representatives since the Comptroller's visit confirm that a productive dialogue
between commercial bank lenders and the Navajo Nation continues today and has led
to increased credit and other services.
CRA Final Rule
As a result of information gathered from the Comptroller's trip to the Navajo Nation,
from public hearings, and from comment letters from tribal governments and other
Indian groups, the CRA final rule includes several references to Native American.
Although the CRA always implicitly applied to low and moderate-income Indian
communities, the new rule explicitly informs banks that lending, investing and
providing banking services to Indian Country will receive favorable CRA
consideration. The rule encourages lending institutions to consult with Tribal
Governments where appropriate.
Most importantly, the rule recognizes and rewards the efforts of lenders that use
innovative or flexible underwriting methods, in a safe and sound manner, to address
nettlesome credit availability problems such as this facing Native Americans living on
trust lands.
Banking Bulletin on Mortgage Lending to Indian Country
This summer, the OCC plans to release guidance for examiners and national banks on
first mortgage lending to residents of Indian reservations who face unique lending
issues because of Tribal sovereignty and trust land status.
63
Educating National Banks About Federal Government Programs
The OCC will participate in HUD's "Homeownership: The First Generation" seminar
series beginning in May. OCC officials will address the CRA rule and other banking
issues facing Native Americans.
Technical Assistance
The OCC is providing technical assistance to Indian tribes regarding the CRA rule,
community development projects and the possibility of chartering Tribal-owned banks.
The OCC will also continue to provide technical assistance to the BIA as the Bureau
establishes a financial data system to track the $2.4 billion in national trust funds it
administers for Indian Tribes.
Staffing Resources
Last year, the Comptroller created an OCC Native American Working Group which is
chaired by Janice Booker, Director of the Community Development Division and
comprised of representatives from Economic Analysis, Public Affairs, the Law
Department, the Chief National Bank Examiner's office and the Community
Development Division. This group participates in the activities of Vice President
Gore's Community Empowerment Board -- Subcommittee on Indian Economic
Development.
OCC staff attended the Albuquerque Native American Listening Conference in May
1994, the Aberdeen Economic Summit in July 1994, the Alaska Native Economic
Summit in February 1995, the White House Economic Development meeting in March
1995 and the Reservation Economic Summit '95 in Phoenix, in April of 1995.
Members of the OCC Native American Working Group will continue to participate in
major conferences and meetings on Native American issues to maintain regular contact
with national Native American organizations.
Addressing the problems impeding the provision of credit and other financial services
on Indian reservations is a priority for the Comptroller and the OCC.
64
DEPARTMENT OF VETERANS AFFAIRS
Government-to-Government Relationship
Secretary Brown has issued a memorandum to all VA employees stressing the need for
increased awareness of the government-to-government relationship with federally
recognized Tribal Nations. The memorandum accompanied guidelines issued by
President Clinton to heads of executive departments and agencies outlining principles
to follow in interactions with these Tribal governments.
National Congress of American Indians
Mid-Year Conference: Staff from VA facilities in Buffalo, New York, addressed the
NCAI mid-year conference in June 1994. Subject specialists from the Buffalo Vet
Center, VA medical center and VA regional office discussed post-traumatic stress
disorder among American Indian veterans; culture-specific drug and alcohol treatment
modalities; and VA's direct home loans for veterans living on trust lands.
Annual Conference: Representatives from VA Central Office, several Vet Centers,
regional offices, and medical centers made presentations to attendees at NCAI's annual
conference in Denver, Colorado, in November 1994. Topics addressed included
women veterans, homelessness among American Indian veterans, outreach
enhancement efforts, and updates on VA's direct home loan program.
Compensated Work Therapy (CWT) Program
The Standing Rock Substance Abuse CWT Program, a cooperative effort between the
Standing Rock Sioux Tribe and the Ft. Meade VA Medical Center, was established to
provide a special form of medical vocational rehabilitation which combines
maintenance phase addiction treatment and vocational rehabilitation/work therapy for
veterans living on and near the Standing Rock and Cheyenne River Sioux Tribes in
North and South Dakota.
The work therapy portion includes a Veterans Industries Programs in McLaughlin,
South Dakota, where the Polaroid Corporation, in cooperation with VA, has
established a recycling program to recover metal, plastic and batteries from film
packs. Native American veterans, trained through VA's CWT program, provide all
labor and are reimbursed from the contract monies.
65
White House Conference on Aging
The National Indian Council on Aging, Inc., invited VA's Assistant Secretary for
Public and Intergovernmental Affairs to attend their August 1994 Conference on
Indian Aging, held in Spokane, Washington. She chaired a panel of VA employees
with expertise in the fields of aging, benefits, and American Indian veteran issues. VA
facilities represented were the Seattle Geriatric Research, Education and Clinical
Center (GRECC); the Spokane VA Medical Center; and the Seattle VA Regional
Office. The Conference was sanctioned as an official White House Conference on
Aging and designed to recommend solutions for an official report to be presented to
the 1995 National White House Conference on Aging.
A Native American veteran was selected by President Clinton to be a delegate at the
National White House Conference on Aging. Grace Thorpe, a Women's Army Corps
(WAC) veteran who served during World War II, is a member of the Sac and Fox
Nation. She was nominated as a delegate by VA Secretary Jesse Brown.
Native American Conference and Powwow
The Edith Nourse Rogers Memorial Veterans Hospital (Bedford, Massachusetts) and
the Greater Lowell Indian Cultural Association (GLICA) (Lowell, Massachusetts) co-
sponsored a national conference in September 1994 to discuss "Native American
Culture in the Federal Sector." Participants included representatives from VA Central
Office, VA medical facilities and local elected officials.
Although this was the first "national" VA Native American conference, the Bedford
facility has been co-hosting powwows with GLICA for eight years. The powwows
take place on the grounds of the medical center and veteran patients who are unable to
leave their beds to participate are visited in the wards by American Indian dancers,
who perform traditional dances in full dress regalia.
Readjustment Counseling
A satellite Vet Center is scheduled to open on the Yakima Reservation in Washington
State. The Yakima facility will be the second readjustment counseling outreach center
on Tribal land. The Keams Canyon Center, located on the Hopi Reservation in
Arizona, was established in 1992. The Centers will assist American Indian veterans
through counseling and supportive social services, including the use of various kinds of
traditional ceremonies.
66
Navajo Nation
Secretary Brown addressed the Navajo Nation on January 10, 1995, at the inauguration
of the Nation's new President and Vice President. Following the inauguration,
Secretary Brown and President Albert Hale signed a historic agreement that allowed
American Indian veterans living on Navajo trust lands to participate in VA's direct
home loan guaranty program.
A veteran member of the Navajo Nation was appointed by Secretary Brown to serve
on VA's Advisory Committee on Minority Veterans in April 1995.
Outreach to the Native American Community
Small and Disadvantaged Business Utilization: VA will spend more than a billion
dollars with small businesses in 1995 and is taking steps to make sure more of those
dollars go to American Indian, minority and women-owned enterprises. For these
vendors, VA's goal is to increase procurements by more than 45 percent, to nine
percent of VA's total procurements (approximately $200 million).
Educational Opportunities: VA and the Department of Energy (DOE) are partnered in
a joint project designed to strengthen associations with Native American and Hispanic-
Serving Institutions and Historically Black Colleges and Universities. The cooperative
education program increases opportunities for minority students to participate in and
benefit from Federal programs and includes DOE recruitment of minority students in
the fields of science and technology as well as encouragement of interested faculty
scientists at these institutions to participate in collaborative biomedical/biobehavioral
research studies in laboratories at VA health care facilities.
Leadership Forum: A representative from VA Central Office serves as a member of
the Washington Indian Leadership Forum. The Forum meets monthly to exchange
information among Tribal, Federal, and private sector leaders in the Greater
Washington, D.C. area who are involved and interested in American Indian matters.
67
INDIAN COUNTRY TODAY
WEEK OF JUNE 1, 1995
A3
MORE PAGE ONE
Clinton to protect sacred sites
By Bunty Anquoe
the road destroyed the praying grounds of several
"What we're trying to do is get the same protec-
Today Washington Bureau
tribes.
tion for Native American religions as other religions
At least 44 sacred sites are now threatened by
have in this country," he said. A lot of people do
WASHINGTON - The Clinton administration is
development or encroachments from agencies
not understand that some Native American religions
moving closer toward federal protection of tribal reli-
such as the U.S. Forest Service, according to the
have sacred sites just like churches would be. Some
gious sites.
Native American Rights Fund. an Indian legal
people have 1 hard time equating sacred sites with
Interior Secretary Bruce Babbitt is preparing an
advocacy group in Boulder, Colo.
churches, but that's what needs to be done."
executive order to be signed by President Clinton that
John EchoHawk, the advocacy group's direc-
Arizona's Mt. Graham is sacred to Sun Carlos
would require federal agencies to consult with tribal
tor, said the proposed executive order is both wel-
Apache, but the University of Arizona, in consor-
governments when federal actions impact sacred sites.
come and long overdue.
tium with several other groups, is trying to con-
All federal agencies are close to a conceptual
"The assessment from the NARF is that the
struct a telescope there, said Mr. EchoHawk to
understanding on the order," Secretary Babbitt said.
legislation that tribes were seeking last year would
provide an example.
"But we still need input from ail of (the tribes). I'm
have a difficult time getting through the 104th
"Building the telescope would subvert the
ready to act. We are in year three of the administra-
Congress so they're hoping that the administra-
tribe's ability to pray at a site the vive used since
tion. and we need to get it out now."
tion can do some things that would protect sacred
the beginning of time," he said. "it's a tough issue
Native religions have found little protection from
sites," he said.
because what we're talking about here are sites
Congress and from the Supreme Court. Legislation
"We're trying to get help from the administra-
located off the reservations on former tribal lands.
has repeatedly failed over the last few years, and the
tion since it's unlikely we would get it from this
Most are on what's considered federal lands new.
high court has increasingly limited Indian religious
Congress."
Bob Walker. Interior Department spokesman,
practices.
Last year President Clinton signed an executive
said the executive order is still being finalized and
The Supreme Court's 1988 Lvng VS. Northwest
order to protect tribal use of eagle feathers.
that Faith Roessei, former director of the Navajo
Cemeteries decision held that the federal govern-
Mr. EchoHawk said the sacred sites order will
Nation's Washington, D.C. office and, currently,
ment's interest in building a logging road took prece-
help bring Native religions to the protections
special assistant to Secretary Babbitt. is the point
dence over Native sacred sites in California although
afforded others.
person working on the order.
10f2
Audubon Society
News Release- July 25, 1995
9th Circuit Unanimously Rejects Appeal of U. of Arizona
Telescope Project.
UA now faces environmental and cultural studies they have tried to
avoid for 10 years
The 9th Circuit Court of Appeals in San Francisco issued an order on July 20, 1995
unanimously rejecting the en banc appeal of the University of Arizona (UA) and the U.S.
Forest Service regarding the Dec. 7, 1993 "Pearl Harbor" clandestine 5:00 AM clearcutting of
a new and unauthorized telescope site on Mt. Graham. The District Court in Tucson (July
29, 1994) and two separate three-judge panels of the 9th Circuit Appeals court (on Aug. 23,
1994 and April 24, 1995) had all ruled the UA and FS leveled the forest in an area outside
the area designated by the U.S. Congress in 1988 and in violation of that law.
All three Appeals Court judges of the panel which ruled (two-to-one) on April 24, 1995
against the university and Forest Service unanimously recommend, this time, against an en
banc appeal.
While there are presently 37 members of the Appeals Court, 23 were randomly selected to
decide whether to accept the UA/FS request for en banc hearing. None of the 23 requested.
to hear the UA/FS case en banc.
"The en banc appeal was a desperate attempt by UA and the FS to continue to avoid
complying with U.S. environmental and cultural laws," said Robin Silver of the Maricopa
Audubon Society. "In 1988 they spent a million dollars in lobbying fees to avoid the lawful,
full-disclosure studies. They sneaked a rider through Congress in the final hours of the 1988
session. This represented the first peacetime exemption of a project from all U.S. cultural,
religious and environmental protection laws."
Silver said: "Now for the first time the Forest Service and university will have to lawfully and
fully examine the environmental and cultural studies which they have fought so hard to avoid
for the last 10 years."
OF
ENVIRONMENT
2 of 2
Silver said Native Americans can no longer be ignored. The Forest Service and the U. of
Arizona have tried for ten years to avoid the fact that Mt. Graham is of central sacred
importance to the Apache people.
For the first time the U.S. Fish and Wildlife Service will have to lawfully face the reality that
they illegally approved the telescope in July 1988 in defiance of the provisions of the
Endangered Species Act. Michael Spear, regional USFWS director in July 26, 1990 testified
that he broke that law by going outside his authority as a regional director in approving a
project having irreconcilable impacts upon the endangered Mt. Graham Red Squirret. Such
a decision, the General Accounting Office congressional oversight investigators concluded,
can only be lawfully made by the cabinet-level "God Committee."
Roger Featherstone of the Mt. Graham Coalition in Washington D.C. remarked:
"How many times does the university and the Forest Service have to be told by the courts
before they find themselves forced to obey the law? This is the fourth time they have been
told no by the federal courts. Now the University will have to do the same environmental and
cultural studies that everyone else in the country has to do and that they should have done
10 years ago." Featherstone also said that UA, by skating around environmental laws, was
able to ignore the fact that studies for some 20 other leading U.S. universities showed 38
better continental U.S. sites than Graham and that Hawaii and Chile were also superior.
Bob Witzeman, conservation chairperson, Maricopa Audubon Society, commented that the
UA/FS claim that the new, illegal site was better for the squirrel was not born out by the
squirrel surveys. In all five of the years from 1988 up until the 1993, the illegal clear-cut site
averaged per year more squirrels. Even worse, the illegal site, which was never envisioned
to be a lawful site was so far to the east out of the squirrel study area that only one half of
the illegal clear-cut area had ever been studied.
Witzeman said UA lobbied the Forest Service for the illegal site far to the east of the lawful
area because they discovered belatedly in 1993 that the site they lobbied Congress for in
1988 was the worst astrophysical site on the mountain. UA waited five years after they
lobbied congress to complete their science homework. UA studies obtained by an Arizona
newspaper under freedom of information laws revealed that the site UA had lobbied
congress for had such poor topographic contours and such dense forestation that it was
"unacceptable" for astronomy. UA said the high degree of air turbulence from the poor
geography and the dense virgin spruce-fir made the congressionally approved site
"unusable."
Plaintiffs in this case against the University and Forest Service were some 20 national and local conservation
organizations, and individual citizens, viz. Mount Graham Coalition (Wash. D.C.) National Audubon Soc. (NYC) Friends of
the Earth (DC), Defenders of Wildfire (DC), Save America's Forests (DC), Sierra Club (San Francisco), Humane Soc. of
the U.S. (DC), Huachuca Audubon Society (Sierra Vista, AZ) Northern AZ Aud. Soc. (Sedona, AZ), Prescott Aud. Soc.
(Prescott, AZ), Tucson Aud. Soc. (Tucson, AZ), Yuma Aud. Soc. (Yuma, AZ), Arizona Wildlife Federation (Mesa, AZ),
Biodiversity Legal Foundation (Boulder, CO), Southwest Center For Biological Diversity (Phoenix, AZ). Student
Environmental Action Coalition Southwest Chapter (Tucson, AZ). Sky Island Alliance (Tucson, AZ).
For Info: Bob Witzeman 602 840 0052, Robin Silver, 602 246-4170, Roger Featherstone,
200 547-900 ext. 3236, Eric Glitzenstein (contact Kim Walley) lawyer for plaintiffs 202 588-
5206, Ola Cassadore Davis, Apache Survival Coalition 520-475-2543, 520 294-1863,
Wendsler Nosie, Apaches For Cultural Preservation 520 475 2494, (or 2545).
THE WASHINGTON POST
TUESDAY, SEPTEMBER 26, 1995
John McCain
A Raw Deal for Indians
In his op-ed piece of Sept. 18 ["Indians Are Getting
priority for two reasons. First, our nation has solemn
a Fair Shake"], my friend Sen. Slade Gorton argues
treaty commitments to tribes to support their edu-
that funds for Native Americans aren't being cut
cation, health and governmental services. Second,
disproportionately in the 1996 interior appropriations
most Indians live at the edge of survival. Unemploy-
bill. But was it fair for the Senate to cut tribal
ment soars to 80 percent in Indian country, where
government operations by more than 25 percent
one in five children lives in poverty. No matter how
while increasing funding for National Park Service
you look at it, American Indians and Alaska natives
operations? I guess what's a fair shake depends on
are still the worst-off by every measurement of
who's shaking down whom.
American well-being.
In 1995, the Interior Department's spending on
Accordingly, the House spending bill cut Bureau of
Indians amounted to slightly over one-quarter of all
Indian Affairs accounts by less than 2 percent from
the funds it administered. For 1996, Gorton per-
1995 levels. However, Gorton's interior appropriations
suaded the Senate to base nearly half of the entire
subcommittee slashed these accounts by 15 percent,
reduction in the department's budget in cuts to
with the lion's share of those cuts stripped from
accounts directly controlled by local tribal govern-
ments. Tribal funding is cut more than 25 percent,
Taking Exception
striking at the very heart of reservation services.
Gorton's argument obscures the severity of these
cuts by referring to spending by other federal agencies
federal support for Native Americans. Does this, by
on Native Americans. But he uses grossly inflated
any definition, spread the pain fairly?
numbers from the president's budget request, not the
Native Americans have had few occasions in histo-
actual levels appropriated by Congress for 1995 and
ry to celebrate the fairness with which they have
1996. For example, the House has allocated $100
million, the Senate $200 million, for new home con-
been treated by the federal government. In an 1852
struction on Indian reservations by the Department of
BY ELEANOR MILL
treaty, the United States solemnly promised the San
Carlos Apache Tribe that Congress would "legislate
Housing and Urban Development, not the $485 million
Gorton says Indians "would receive" in 1996.
and act to secure [their] permanent prosperity and
of his career, Houston told his colleagues in the
The most disturbing Indian cuts are those slashed
happiness."
United States Senate that they had to choose wheth-
from the base funding accounts of tribal governments.
er to "deceive [the Indians] by promises, or to
The San Carlos Apache long ago abandoned any
These cuts won't reduce the inefficient and paternal-
confirm to them rights long promised.
I am aware
illusion that Washington would ever show a decent
istic bureaucracy at the federal Bureau of Indian
that in presenting myself as the advocate of the
concern for their prosperity and happiness. Nearly
Affairs. Instead, they will gut basic tribal self-
Indians and their rights, I shall claim but little
one-third are unemployed. The average Indian on the
governance operations on reservations, where tribally
sympathy from the community at large, and that I
San Carlos Reservation has an annual income of just
elected officials set the priorities, not federal bureau-
shall stand very much alone, pursuing the course
$3,000.
crats or members of Congress far from reservation
which I feel it my imperative duty to adhere to.
In 1995, the San Carlos Apache tribal government
realities.
[I]mplanted in me [is] a principle enduring as life
received $6.1 million in tribal priority funding. The
Tribes set their own priority on how these funds
itself. That principle is to protect the Indian against
Senate's cuts would have immediately reduced that to
are spent, so no one can predict precisely now where
wrong and oppression, and to vindicate him in the
$4.4 million on Oct. 1. A few days ago, the House and
the cuts will occur. But we do know what tribes spent
enjoyment of rights which have been solemnly guar-
Senate conferees reduced that $1.7 million cut by
these funds on in 1995: criminal law enforcement,
anteed to him by this Government."
less than one-half. If those cuts are not restored, we
improvements and repairs on housing for the elderly,
A week ago, the House and Senate conferees who
will have completed the betrayal of the San Carlos
child abuse protection and intervention services, adult
met to reconcile differences in appropriations for
Apache, a betrayal that will forever dishonor this
vocational training, natural resource protection, child
Native Americans faced the same choice that Sam
country.
welfare and family services, land management, reser-
Houston faced so forthrightly. I believe they, on behalf
Under the budget resolution, Gorton's subcom-
vation road maintenance, administrative support ac-
of the American people, chose to break our treaty
mittee had to cut about 11 percent from the 1955
tivities and other essential tribal government pro-
obligations-obligations that were solemnly made and,
interior and related agencies spending levels. The
grams and operations.
all too often, casually violated-to a people for whom
budget resolution recommended that Indian accounts
When considering our national responsibilities to
fairness has never been an evident quality of life.
be held at 1995 spending levels, paid for by reduc-
Native Americans, we would be wise to recall Sam
tions in other accounts,
Houston's poignant description of his own sense of
The writer is a Republican senator from
The budget resolution made Indian funding a
obligation to them. On Feb. 14, 1854, in the twilight
Arizona.
THE WASHINGTON POST
TUESDAY, SEPTEMBER 26, 1995
COLMAN McCARTHY
Another Trail of Tears Awaits
n the early days of the Clinton administration,
That is not the worst of it. No ethnic group has a
few groups had greater cause to expect positive
higher rate for diabetes and tuberculosis, or a higher
social change than American Indians.
rate of increase in AIDS cases. Indian teenagers have
Ada Deer, a Menominee from Wisconsin with a
four times the national suicide rate.
solid background in social services, was appointed
If the suffering that those numbers represent is
head of the Bureau of Indian Affairs. At the White
unimaginable, it is beyond reckoning, too, what
House, plans were made for the first-ever
further depths lie ahead for a people already at the
conference on Indian issues, an event that came off
bottom. In Congress and elsewhere, it has been
in April 1994 and at which President Clinton spoke
claimed that Indians are not hurting as badly as they
with and listened to more than 300 tribal leaders.
and their allies claim: Look at the casino profits and
This was the first president to invite Indian leaders
the instant millionaires among the tribes. Donald
to the White House in such large numbers, and the
Trump, the noted social scientist, said that it is time
first also to see tribes as governmental partners,
rich Indians began helping poor Indians.
not wards of the state.
The reality is different. Less than 5 percent of the
From Congress, Indians-the poorest of
tribes have successful casinos. Federal law requires
America's poor-also had expectations for
that gaming profits be used for tribal schools, health
progress. Their stout allies included Rep. George
and other social needs: The money is but a few drops
Miller (D-Calif.), then chairman of what was then
in the driest of wells.
the House Interior Committee, and Sen. Daniel K.
Another argument heard in the House and Senate
Inouye (D-Hawaii), then chairman of the Senate
Indian Affairs Committee.
to justify the budgetary hacking is that Indians, along
A shift for the worse came with the new
with others on welfare, need to acquire self-reliance.
Congress. Miller and Inouye were out as chairmen.
It is forgotten that social programs for Indians are
Then came a Republican-led legislative assault
matters of justice, not charity, largess or the dole.
against Indians equal in intensity to any of the U.S.
Federal funds for those programs are owed to
cavalry attacks of a century ago. The Senate and
Indians as a matter of treaty obligations, or what
House recently passed appropriations bills that
Sen. Inouye called "the very first Contract With
would assure a second trail of tears, this one a
America." In exchange for hundreds of millions of
forced march to unprecedented poverty.
acres of land ceded to the federal government, legal
The onslaught includes:
commitments were made by Washington to provide
A cut of 67 percent in federal housing programs
for the education, housing and health care of tribal
for Indians.
citizens. The obligations were to last "for as long as
A 26 percent decrease in the Bureau of Indian
the grass grows and the mountains stand," not until
Affairs budget.
some nasty politicians came along kicking the poor as
The elimination of higher education scholarships
a way to balance a budget.
for Indians.
Earlier this month, Ron Allen, chairman for the
A 50 percent decrease for Indian education
past 18 years of the Jamestown S'Klallam, a Pacific
programs in the Department of Education.
Northwest tribe with 230 members, met with White
Decreases in Indian Health Service programs for
House officials and Senate Majority Leader Robert J.
hospitals and clinics, alcoholism, dental health and
Dole (R-Kan.). Allen reminded them that the
immunization.
proposed funding decreases "are the severest in the
These hits-now before a House-Senate
history of Indian programs. What's more, these are
conference committee-are directed at a group of
successful programs just beginning to show results."
1.8 million citizens, 33 percent of whom live below
Allen was one of several hundred Indian leaders
the poverty line. Twenty percent of Indians lack
who came to Congress this month. They spoke of
home toilets, 50 percent have no phones and 40
tribal poverty and federal treaties. For many in
percent (80 percent on some reservations) are
Congress, the one is out of sight, the other out of
jobless.
mind.
Slade Gorton
To insulate Indian programs from
any funding cuts can only be done at
the expense of all the other Interior
Indians Are
agencies and programs. If we give
more money to Indian programs, we
must give less money to other Interi-
or accounts. That would gut our natu-
Getting a
ral sciences budget, undermine our
ability to manage our wildlife refuges
and our land-management lands and
Fair Shake
hamper the government in protecting
those lands for the American people's
THE WASHINGTON POST
enjoyment.
The Senate recently passed an
MONDAY, SEPTEMBER 18, 1995
American Indian tribes have been
amendment endorsing the current
canvassing Capitol Hill asking Con-
BIA funding levels. It passed by a
gress to spare their programs from
strong majority with bipartisan sup-
budget cuts and to restore more mon-
port. If the appropriations bill repre-
Jey to their accounts. They claim that
sented as dire a threat to Indian
the 1996 Interior Appropriations bill
tribes as the Indians would have us
hands them an unfair and unequal
believe, the amendment would not
share of spending reductions.
have passed so easily.
Unfair? No. Unequal? Yes. Indian
Critics will discuss at length all of
programs took the smallest reduction
the things this bill does not fund while
out of all the spending categories
they ignore what was funded. The
within the Interior Appropriations
subcommittee prioritized funding for
bill, and other Interior accounts will
health and education, two critical
face steeper budget cuts as a result.
needs among tribes around the coun-
Any spending reductions are a part
try. Funding for Indian Health Servic-
of our overall goal to balance the
es (IHS) was increased. In fact, IHS is
budget. Specific groups of people and
the only program of that size that
organizations are not being singled
out for unfair treatment, nor are they
being saddled with a disproportionate
share of spending cuts. The American
"The ability of tribes to govern themselves
people asked for a balanced budget, a
lower deficit and a smaller govern-
is not determined by the amount of money
timent that spends less. We all have to
do our part to balance the books and
they are given.
secure a prosperous future for the
,next generation.
received an increase. The Bureau of
gree of self-sufficiency and self-
Over-dramatizing the impacts of
Indian Affairs (BIA) elementary- and
reliance.
federal budget reductions doesn't
secondary-education funding was in-
As chairman of the subcommittee on
help and often leads to mispercep-
creased by $2.1 million. We also in-
interior appropriations, it has been nei-
tions. Let's set the record straight.
creased funding for legislated Indian
ther an easy nor pleasurable task figur-
The Interior budget was reduced
land and water settlements by $5.6
ing out how to minimize the impact of
by 11 percent from the 1995 level,
million.
budget cuts throughout all of the Inte-
while Indian programs were reduced
by only 8 percent. Compare that with
The largest Indian account to be
rior programs. After much analysis of
cut is in the Bureau of Indian Affairs
the impacts on all the programs funded
other Interior accounts such as forest
account for central and area office
in the Interior bill, we have achieved a
services, which were reduced by 22
percent, or land management ac-
operations and tribal governments. In
reasonable balance.
counts, which were cut by 14 percent,
order to fully fund health and educa-
The dynamics of debate about
tion and provide funding for economic
spending have changed since the
or cultural accounts, cut by 15 per-
cent.
development, natural resources and
104th Congress began. Instead of rac-
That aside, critics of the bill don't
other tribal programs, we cut bureau-
ing to get more money for this pro-
mention the approximately $1.8 bil-
cracy. The American people have de-
gram and that program, we are-at
manded a balanced budget and a
the American people's behest-put-
Lion worth of programs for Indians in
smaller government. Spending reduc-
ting ourselves on the road to a bal-
four other appropriations bills. BIA
programs represent only one-third of
tions, including reductions in federal
anced budget and reversing the trend
all funding for Indians.
government staff, are a part of reach-
of explosive government growth.
Under the president's budget, Indi-
ing that goal.
Again, no one can or should expect to
an programs would receive $356 mil-
Of all the criticisms lobbed against
be exempt from the inevitable cuts
lion from the Department of Agricul-
this bill, the one that troubles me the
which ensue from balancing the budget.
It is an ordeal, no question about it. But
ture, $20 million from the Army
most is the argument that reductions
the difficulties we bear now will be more
Corps of Engineers, $5 million from
in spending will undercut the tribes'
the Department of Commerce, $470
than compensated when we finally have
right of self-sufficiency and self-
million from the Department of Edu-
a smaller government and a sounder
governance. The ability of tribes to
economy.
cation, $214 million from the Depart-
govern themselves is not determined
ment of Health and Human Services,
by the amount of money they are
The writer, a Republican senator
$485 million from the Department of
given. To the contrary, some would
from Washington state, chairs the
Housing and Urban Development, $4
argue that self-governance and self-
subcommittee on interior
million from the Department of Jus-
determination ought to involve a de-
appropriations.
tice and $85 million from the Environ-
mental Protection Agency.
These sums aren't chump change.
Moreover, the Indians are not wholly
dependent on federal government for
their income. Many tribes run reve-
-generating activities such as
gambling operations.
By contrast, most of the other pro-
grams funded by the Interior Appro-
priations bill have no secondary
source of revenue. This bill is the sole
source of funding for National Park
Service maintenance, cultural institu-
tions like the Smithsonian and Nation-
al Gallery of Art. and the federal
government's massive land-manage-
ment responsibilities.
THE WASHINGTON POST
WEDNESDAY, SEPTEMBER 20, 1995
Sen. Gorton and the Indian Treaties
In his op-ed piece of Sept. 18 ["Indi-
that the tribes take the smallest re-
tions, education, law enforcement,
ans Are Getting a Fair Shake"], Sen.
duction in his Interior Appropriations
fire protection, housing, natural re-
Slade Gorton grossly distorts the fig-
bill. He combines the Bureau of Indian
source management and other essen-
ures and the truth and sends a clear
Affairs (BIA) and Indian Health Ser-
tial services. These services, which
message that he intends to dishonor
vice (IHS) budgets and concludes that
Sen. Gorton labels "bureaucracy," are
the treaty commitments of the United
"tribal programs" took only an 8 per-
the embodiment of the federal prom-
States to Indian people.
cent cut, while Interior programs in
ise to preserve permanent tribal
Tribal governments and Indian peo-
aggregate were reduced by 11 per-
homelands.
ple gave up their lands at the dawn of
cent. This is akin to putting Medicare
Sen. Gorton further distorts the
this republic in return for the federal
together with the Bureau of Mines to
situation by using figures from the
government's promises to preserve
hide cuts in the mining budget.
president's 1996 budget request-
and protect the lands of native people
The IHS budget is not a part of the
figures that are no longer a consider-
and maintain them as "permanent
Interior budget. Although the IHS
ation in any appropriations analysis.
tribal homelands." These commit-
had a slight increase this year, when
He goes on to claim that "many"
ments were undertaken in numerous
it is compared with health spending
Indian tribes receive significant reve-
Indian treaties negotiated by federal
nationwide, it's clear that Indian
nues from businesses such as gaming.
officials to secure a cessation of war-
health programs have not kept pace
The fact is that most tribes are locat-
fare and to legalize the conveyance of
with non-Indian ones and that IHS
ed on reservations far too remote and
millions of acres of Indian land.
remains underfunded.
isolated for the development of pri-
Sen. Gorton and Congress are suc-
Sen. Gorton's shell game obscures
vate-sector businesses.
cessors to these agreements. Indian
the fact that his bill has actually slated
Sen. Gorton tips his hand as to his
tribes are willing to bear an equitable
the BIA for a 16 percent reduction of
true motives toward Indian tribes in
share of the funding reductions need-
$270 million. This is a disproportion-
Section 115 of the Senate bill. There
ed to help balance the federal budget,
ate share of the overall reductions in
he has singled out Indian tribes from
but a compelling case can be made
the bill for the Interior Department.
his home state of Washington for
that equity requires funding Indian
Hardest hit of all-with a crippling 29
even greater budget reductions if
programs at their current levels.
percent cut-are the Tribal Priority
they assert their rights to regulate
Sen. Gorton has grossly distorted
Allocations, which provide direct
and protect natural resources within
the figures to arrive at his conclusion
funding for tribal government opera-
their reservations. As attorney gener-
al of Washington state, Sen. Gorton
battled the state's tribes and lost 16
cases on Indian natural resources is-
Working Together for Better School Lunches
sues. Now he is apparently using his
authority as a Senate committee
Stephen Glass's "Incredible Yet Ed-
try rely on them. Local communities
chairman to settle an old score.
ible; How Rhode Island Beefed Up Its
may find good reasons to opt for a
JoANN K. CHASE
School Lunch Program," [Outlook,
private vendor or to choose an inter-
Executive Director
Sept. 3] misses the point of the admin-
nally run program. We are committed
National Congress of American Indians
istration's school meals policy. It's hard
to offering flexibility.
Washington
to see how Mr. Glass managed to
The big point is that the Depart-
conclude that we oppose this state
ment of Agriculture is proud to work
initiative. Needless to say, we do not.
with the private sector-in partner-
One might think from reading the
ship-to ensure healthier school
article that Rhode Island is no longer
meals. Our new policy reflects exten-
The Washington Post
part of the National School Lunch
sive public input from food producers
EUGENE MEYER, 1875-1959
Program. In fact, it is. Local school
and processors, among many other
PHILIP L. GRAHAM, 1915-1963
districts prepare meals that meet nu-
private stakeholders. We're working
DONALD E. GRAHAM
trition standards and are reimbursed
with commodity groups to make im-
Publisher
with federal funds, just as they are
LEONARD DOWNIE JR.
portant changes in the foods that
MEG GREENFIELD
Executive Editor
Editorial Page Editor
across the nation. Rhode Island's use
USDA purchases for schools to use.
ROBERT G. KAISER
STEPHENS. ROSENFELD
of private vendors is far from unique;
More than 200 organizations, most
Managing Editor
Deputy Edtl Page Editor
thousands of schools across the coun-
MICHAEL GETLER
from the private sector, have joined
Deputy Managing Editor
us in support of USDA's Team Nutri-
BOISFEUILLET JONES JR.
tion, which will provide the skills and
President and General Manager
Letters should be signed and must
motivation for children to choose and
VICE PRESIDENTS
BENJAMIN C. BRADLEE
include the writer's home address
enjoy a healthy diet. Bringing the
At Large
MICHAEL CLURMAN
Production
public and private sectors together is
F.J.HAVLICEK
Industrial Reis/Environment
and home and business telephone
STEPHEN P. HILLS
Advertising
numbers. Because of space limita-
the hallmark of the administration's
ELIZABETH ST. J. LOKER
Systems and Engineering
THEODORE C. LUTZ
tions, those published are subject
approach to new government.
Business Manager
CAROL D. MELAMED
Government Affairs
There's no better way to stretch our
VINCENT E. REED
Communications
to abridgment. Although we are
MARGARET SCOTT SCHIFF Controller/Pers/Admin.
unable to acknowledge those letters
investment in nutrition and to ensure
WILLIAM G. TOMPKINS JR.
Marketing
MARY ANN WERNER.
that our efforts are as dynamic and
Counsel
we cannot publish, we appreciate
the interest and value the views of
innovative as they can be.
Published by The Washington Post Company
those who take the time to send us
ELLEN HAAS
KATHARINE GRAHAM
Chairman of the Executive Committee
their comments. Letters intended
Washington
DONALD E. GRAHAM
for publication should be ad-
The writer is undersecretary for food,
Chairman of the Board and Chief Executive Officer
ALAN G. SPOON
dressed to Letters to the Editor.
nutrition and consumer services at
President and Chief Operating Officer
the U.S. Department of Agriculture.
1150
15th
St.
NW
Washington.
D.C.
20071
(202)
334-6000