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Jurisdiction Over Indian Lands (PL 280) - General
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1103389
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Jurisdiction Over Indian Lands (PL 280) - General
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The original documents are located in Box 3, folder "Jurisdiction Over Indian Lands (PL 280) - General" of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 3 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library CONGRESS (Nore.-Fill in all blank lines except SESSION S. those provided for the date and number of bull) IN THE SENATE OF THE UNITED STATES Mr. introduced the following bill; which was read twice and referred to the Committee on A BILL Providing for the improvement of law enforcement and the determination of civil and criminal jur- isdiction in Indian country, and for other pur- poses. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Indian Juris- 4 diction Act of 1976.' 5 TITLE I - DETERMINATION OF CIVIL 6 AND CRIMINAL JURISDICTION 7 SEC.1. In any case in which pursuant to the 8 provisions (including amendments thereto) of the 9 Act of August 15, 1953 (67 Stat. 588), the Act 10 of May 31, 1946 (60 Stat. 229), the Act of June 25, 11 1948 (62 Stat. 827), the Act of June 8, 1940 (54 12 Stat. 249), the Act of June 30, 1948 (62 Stat. 13 1161), the Act of July 2, 1948 (62 Stat. 1224), 14 the Act of September 13, 1950 (64 Stat. 845), 15 or the Act of April 11, 1968 (82 Stat. 73), 16 person or property within Indian country has FORD LIBRARY & GERALE day 17 become subject to State criminal or civil juris- 18 diction, the Indian tribe affected is authorized - 2 - 1 to adopt a resolution indicating its desire to have the 2 tribe and the United States reacquire all or any measure 3 of their respective criminal or civil jurisdiction, or 4 both, acquired by such State pursuant to such statutes. 5 SEC.2. Any such resolution shall be adopted by the 6 tribal council or other governing body of such tribe, or 7 shall be adopted by any initiative or referendum procedure 8 contained in the tribal constitution and bylaws. 9 SEC.3. The tribe shall forward the resolution together 10 with a plan for the tribe's proposed implementation of its 11 assumption of jurisdiction to the Secretary of the Interior. 12 Within ninety (90) days after receipt of such resolution 13 and plan, the Secretary shall consult with the governor of 14 the affected State and with the Attorney General of the 15 United States concerning the orderly transfer of responsi- 16 bilities and shall approve the resolution unless he finds: 17 (a) The tribe's plan contains no adequate criminal 18 law and order code; or 19 (b) The tribe's plan contains no adequate means 20 for the resolution of civil disputes; or 21 (c) The tribe lacks the capacity to implement GERALD FORD LIBRARY 22 the plan; or 23 (d) The resident tribal membership is so small 24 or scattered as to make the proposed return of juris- 25 diction clearly impracticable; or 26 (e) In cases where the tribe has not proposed a 27 full reacquisition of jurisdiction, the proposed alloca- 28 tion of jurisdiction among the tribe, the United States, 29 and the State is clearly impracticable. 30 SEC. 4. If the Secretary approves the tribal resolution 31 he shall set a date for the reacquisition of jurisdiction 32 which shall be not later than one year from the date of 33 his approval, provided that the tribe and Secretary may 34 agree to a postponement thereof to a mutually acceptable 35 date. - 3 - 1 SEC.5. If the Secretary disapproves the tribal reso- 2 lution ---- 3 (a) He shall state in detail in writing his reasons 4 for so doing, and his decision may be appealed by the 5 tribe to the United States District Court pursuant to 6 5 U.S.C. Sec. 551 et seq., and 7 (b) He shall, if requested by the tribe, promptly 8 assist the tribe in preparing an acceptable plan for a 9 transfer of jurisdiction (if such a plan is practicable) 10 and shall assist the tribe in achieving the capability 11 to implement the plan. 12 SEC.6. (a) No civil action or proceeding pending before 13 any court or agency of any State prior to the transfer of 14 jurisdiction pursuant to this Act shall abate by reason 15 thereof. For purposes of any such action or proceeding, 16 such transfer of jurisdiction shall take effect on the 17 date established pursuant to section 4 of this Act. 18 (b) No transfer of criminal jurisdiction pursuant 19 to this Act shall deprive any Court of a State of juris- 20 diction to hear, determine, render judgement, or impose 21 sentence in any criminal action instituted against any 22 person for any offense committed before the effective 23 date of such transfer, if the offense charged in such 24 action was cognizable under any law of such State at 25 the time of commission of such offense. For the pur- 26 pose of any such criminal action, such transfer shall 27 take effect on the date established pursuant to Section 28 4 of this Act. 29 SEC.7. Nothing herein is intended to address the ques- 30 tion of whether tribal courts may exercise jurisdiction 31 over non-Indians accused of committing offenses within 32 Indian country. 33 TITLE II - AUTHORIZATION OF FUNDS 34 SEC.1. There is hereby authorized to be appropriated 35 for the Department of Justice and the Department of the - 4 - 1 Interior such funds as necessary for the proper implemen- 2 tation of the provisions of this Act. INTERSTATE CONGRESS for EQUAL EQUAL RIGHTS AND RESPONSIBILITIES, INC. RIGHTS AND RESPONSIBILITIES CURRENT FEDERAL Executive Secretary INDIAN POLICY 422 Main Street Winner, South Dakota 57580 (605) 842-2500 The Presidents Council The White House. My Name is Howard Gray and I reside at 9001-22nd Ave. N. Seattle, Washington. My background is that of writer, and producer of Outdoor documentary films. I am past President of the National FORD Outdoor Writers Association of America, a professional organization covering the entire outdoor media. In addition to producing documentary films on the Life LIBRARY cycle of the Pacific Salmon I served, for 18 years, as an advisory member of the International Pacific Salmon Fisheries Commision. I am a member of the board of directors of C.U.R.E. (Citizens United for Resource Emergencies) CURE is a group of 20 organizations, represent- ing over 10,000 concerned citizens, and was formed shortly after the Judge Boldt decision as a political action group with the speci- fic and sole purpose of correcting the mistake of the decision. In a period of less than four months aprox. 160.000 citizens of the State of Washington signed a petition showing their distain with anyone who would so flaunt the 14th Amendment of the Constitution that provides equal rights to all its citizens. I am one of the founders of the "Interstate Congress for Equal Rights and Responsibilities" an organization dedicated to the principal that all people, regardless of race, color or creed shall have equal rights granted by the constitution of the United States and that NO LAW SHALL SUPERCEDE CONSTITUTIONAL LAW. Certainly not secondary in importance I am speaking for and representing the property owners Associations' of two critical areas in the State of Washington. The Lummi Property Owners Association and the Quinault Property Owners Association. A real problem exists on Indian Reservations such as the Lummi and Quinault wich stems from the fact that although the Indians have sold hugh quanties of the reservation to Non-Indians nevertheless, they Ziley still insist on exclusive Jurisdiction over everything and every one on the reservation. The historical precedents they cite to support the claim of exclusive jurisdiction ignores completely the fact that large portions of the reservations have been sold to Non-Indians and also ignores the fact that Non-Indians have no voice whatsoever in Tribal Councils. This means that when Indians attempt to enforce Tribal Law against a Non-Indian that the constitutional rights of the Non-Indian are being violated because he has no voice whatsoever in the formation or operation of the Tribal Government. The conflict created by the sale of Tribal land to Non-Indians should be delt with forthrightly and now. The solution should recognize the rights of the Indians and the rights of the NonIndian living on the reservation. MORE A NONPROFIT CORPORATION CREATED TO INSURE THAT ALL CITIZENS OF THESE UNITED STATES SHALL ACHIEVE EQUAL RIGHTS AND BEAR EQUAL RESPONSIBILITIES UNDER THE LAW INTERSTATE CONGRESS for EQUAL RIGHTS AND RESPONSIBILITIES, INC. EQUAL RIGHTS AND RECPONSIBILITIES CURRENT Executive Secretary FEDERAL INDIAN 422 Main Street Howard Gray POLICY Winner, South Dakota 57580 Statement (605) 842-2500 Page 2 Illegal acts of harassment are going on continually and out of fear several property owners are being forced to sell at a sacrefice. It is not inconceivable that equal rights and freedom will precede order if Congress and the courts don't soon decide on a society of equality with no super-Citizens. I am in receipt of information that, in my opinion, calls for moral valuation. First-- I have a copy of the Interior and Justice" draft Bill. The "Indian Jurisdiction Act of 1976. The legal aspects of this act I will leave to our Attor- neys to discus however as a layman I do understand Sec. 7 which states "Nothing herein is intended to address the question of whether Tribal Courts may exercise jurisdiction over Non-Indians accused of Comm- itting offenses within Indian Country. (Or)alternate language for Sec. 7. "Nothing herein is intended to address or alter the status of Civil or Criminal Jurisdiction over Non-Indians residing within reservation boundaries. To further explain the Above Sec. 7 I refer to a letter written by Ralph R. Reeser, director, Congressional and Legislative affairs staff, Dept. of the Interior, Bureau of Indian Affairs. Mr Reeser S tates, and I Qoute "Special note should be made of the fact that the draft Administration Bill would not alter the legal status of Non-Indian rights. BUT LEAVES THE MATTER TO THE COURTS This is Pass-the Buck Legislation There is a principle of law. I am told, in Federal Courts, which holds that any Ambiguity contained in a law or treaty is to be decided in favor of the poor Indian. Few could, or would dispute this. MORE A NONPROFIT CORPORATION CREATED TO INSURE THAT ALL CITIZENS OF THESE UNITED STATES SHALL ACHIEVE EQUAL RIGHTS AND BEAR EQUAL RESPONSIBILITIES UNDER THE LAW INTERSTATE CONGRESS for EQUAL EQUAL RIGHTS AND RESPONSIBILITIES, INC. RIGHTS AND RESPONSIBILITIES CURRENT FEDERAL Executive Secretary INDIAN Howard Gray Statement POLICY 422 Main Street Winner, South Dakota 57580 Page 3 (605) 842-2500 There is no way in which the Non-Indian land owner can compete with Indian Tribes in available funds for court cases. One has to but see the Indian Lobby at work to understand that there would be NO CONTEST. A simple amendment to the Indian Jurisdiction Act would, by Congressional action, solve one of the most critical problems now facing the Non-Indian Land owner. "The powers of the Indian Tribal Governments shall be restricted to compare with those of Federal and State Governments. No act shall preclude the Bill of Rights and the 14th Amend- ment of the Constitution of the United States. FOHD If the Indian Jurisdiction Act is passed without giving the Non-Indian complete jurisdiction over his legally bought Fee Patent land how will the President and Congress explain to the Thousands upon thousands of Non-Indian citizens who probably out number the Indian by ten to one on over 5 Million acres of so-called reservationland when he is told that- He will be under the complete jurisdiction, both civil and criminal, of a foreign nation. This bill does not foster intergretion of the Indian people. It is simply a Segregationist Bill that would further divide the populous. It keeps the Indian people from becomming a part of our Democratic society. We cannot disaffirm the past, nor can we change it. We must recognize that the past no longer exists and that we must face the realities of the present. A district court recognized this to be true when it further asked "How much of the sins of our forefathers must we rightly bear ? Shall we pretend that history never was ? Feeling what was wrong does not describe what is right. Anguish about yesterday does not alone make wise answers for tomorrow. Somehow, all the achings of the soul must coalesce and with the wisdom of the mind develope a single National Policy for Governmental action" Frustrations are felt all over the nation when courts and Congress deal unfairly with the people. Congress must be made to face up to the incompatible acts passed a century ago. Many of our Federal Judges are using the courts for social legislature. If it is their desire to do something for the Indian they can find some law to support it. Only Congress can abolish these special rights. No society based on our form of Gocernment can exist without MAJOR CONFLICTS if superior rights are given to one portion of its people Howard Gray A NONPROFIT CORPORATION CREATED TO INSURE THAT ALL CITIZENS OF THESE UNITED STATES SHALL ACHIEVE EQUAL RIGHTS AND BEAR EQUAL RESPONSIBILITIES UNDER THE LAW STATEMENT BY ALAN R. PARKER ON BEHALF OF THE FRIENDS COMMITTEE ON NATIONAL LEGISLATION FORD FILED WITH THE SUBCOMMITTEE ON CRIMINAL LAWS AND PROCEDURES OF THE GERALD LIBRARY SENATE JUDICIARY COMMITTEE on S. 1 April 18, 1975 My name is Alan R. Parker. I am Vice President of the American Indian Lawyers Association, an unincorporated association of licensed attorneys of Native American descent who are working in areas directly related to the legal rights of Indian tribes. However, I file this statement as a private person speaking on behalf of the Friends Committee on National Legislation. The Friends Committee on National Legislation is widely representative of Friends throughout the United States, having members drawn from 22 of the 28 Friends' Yearly Meetings in the country, but it does not purport to speak for all Friends, who cherish their rights to individual opinions. Friends have had a long-standing concern in the area of criminal justice and social equality, and have also had a history of involvement in the rights of Native Americans. That concern is currently expressed in a special program which relates directly and exclusively with Native American legislative issues. Under existing federal law, the jurisdictional relationships between federal, state and tribal governments regarding prosecution of criminal offenses taking place within the boundaries of Indian reservations are carefully defined. The overall effect of the law has been to protect the right of self-government on the part of Indian tribes while safeguarding the respective interests of state and federal judicial and law enforcement authorities within Indian country. (See 18 U.S.C. Sections 13, .1151, 1152, 1153 and 1162.) The bill, S. 1, amended, will, if enacted, disrupt this jurisdictional scheme and result in a virtually total preemption of the tribal government's jurisdiction within the boundaries of a reservation. That is, where existing jurisdictional law preserves the exclusive authority of tribal governments over certain criminal offense and classes of offenders within the reservation, S. 1 would vastly expand the nature and scope of federal and state law at the expense of tribal law. (See proposed U.S.C. Sections 203, 205, 685, 1861 and 1863.) Briefly, Section 203(a) would abolish the distinction between Indian country and other types of federal enclaves for purposes of delineating the reach of federal law, Section 685(b) expands the 2 scope of state jurisdiction over offenses in Indian country while Sections 1861 and 1863 would expand the number of enclave laws and retain provision for assimilation of state law within federal enclaves where there may be a vacuum in federal law. This is in contrast to existing federal law which recognizes the special jurisdictional status of Indian reservations and provides for the application of federal and state law only where the interest of the tribe in asserting tribal authority cannot be supported. This total disregard for the rights of tribal self-government evident in the proposed S. 1, amended, has apparently been motivated by an understandable desire to achieve uniformity in federal criminal law as it applies to federal enclaves or "areas of special federal jurisdiction." Analysis of the comentary accompanying various drafts of this legislation reveals that the authors have failed to appreciate the special status that Indian reservations have enjoyed by virtue of their unique right of self-government. Simply put, an Indian reservation, in addition to being an area of special jurisdiction, encompasses at the same time a distinct political community. Recognition of this special status has long been an integral part of federal Indian policy. (See Worchester V. Georgia, 6 Pet. 515, 1832; Williams V. Lee, 358 U.S. 217, 1959; and McClanahan V. Arizona, 441 U.S. 164, 1973.) By comparison, other federal enclaves such as national parks or military reservations do not encompass self-governing jurisdictional entities distinct from federal and state governments. In short, even the objective of achieving a desirable uniformity in the federal enclave laws ought not to override the right of self-government enjoyed by the Indian tribes which predates the founding of this Republic. It would be a relatively simple matter to retain this special jurisdictional status without disturbing the overall objectives of the bill as it applies to all other federal enclaves. The appropriate provisions of the law could simply be retained in Title 18 or transferred to Title 25 of the Code. Whichever approach is chosen surely ought to be taken only after soliciting the input of Indian tribes and organizations. This effort at reform of the federal criminal law could also address itself to the thorny problems associated with Public Law 83-280 as those problems are now being addressed by the Sehate Subcommittee on Indian Affairs. Recently the two major national Indian organizations have articulated a position regarding what they feel are serious shortcomings in Public Law 83-280 and certainly legislative activity on this point ought to be coordinated with the efforts of the Senate Judiciary Committee. Friends Committee on National Legislation, 245 2nd St. N.E., Washington DC 20002 4/18/75 T-3 94TH CONGRESS 1ST SESSION S. 2010 IN THE SENATE OF THE UNITED STATES LISRARY JUNE 25 (legislative day, JUNE 6), 1975 Mr. JACKSON (by request) introduced the following bill; which was read twice and referred to the Committee on Interior and Insular Affairs A BILL Providing for the improvement of law enforcement and the determination of civil and criminal jurisdiction and law in Indian country, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Indian Law Enforcement 4 Improvement Act of 1975". 5 TITLE I-DETERMINATION OF CIVIL AND 6 CRIMINAL JURISDICTION AND LAW 7 SEC. 101. The Congress, after careful review of the Fed- 8 eral Government's historical and special legal relationship 9 with the American Indian people, finds that- II 2 1 (a) the Federal Government has heretofore recog- 2 nized the sovereignty of Indian tribes through treaties, 3 agreements, executive orders, and statutes; 4 (b) Congress has heretofore declared it to be the 5 policy of the United States to guarantee self-determina- 6 tion to American Indians and to preserve the Federal 7 Government's relationship with and responsibility to 8 Indian tribes; 9 (c) the lack of a consistent congressional Indian 10 policy in the past has resulted in the unclear jurisdic- 11 tional status of Indian country with varying patterns of 12 jurisdictional checkerboarding, overlapping and incon- 13 sistencies which show little or no promise of clear and 14 workable judicial determination; 15 (d) it has not been finally judicially determined 16 whether the application of tribal, State, and Federal 17 civil and criminal jurisdiction and law in Indian country 18 is exclusive or concurrent; 19 (e) jurisdictional problems of increasing severity 20 and magnitude in Indian country have demonstrated 21 that subjecting Indians and Indian country to State 22 or Federal civil and criminal jurisdiction and law with- 23 out regard to the unique cultural, political, geographic 24 and social factors of each Indian tribe and reservation 25 is unjust and unworkable; 3 1 (f) the Indian tribes will never surrender their 2 right to determine civil and criminal jurisdiction and 3 law within the Indian country; 4 (g) true self-determination of Indian tribes and 5 the solution of jurisdictional problems in Indian country 6 require that Indian tribes design their own legal and 7 judicial systems and determine how the exercise of civil GERALO R. FORD 8 and criminal jurisdiction and law in Indian country be 9 shared by tribal, State and Federal Governments and 10 whether such jurisdiction and law be exclusive or con- 11 current; Indian tribal government and sovereignty must 12 therefore be nurtured and strengthened by comprehen- 13 sive Federal assistance in the improvement of law en- 14 forcement in Indian country. 15 SEC. 102. (a) As used in this Act, the term "Indian 16 country" includes— 17 (1) all land within the exterior boundaries of any 18 federally recognized Indian reservation, notwithstand- 19 ing the issuance of any trust or fee patent, and including 20 any right-of-way running through the reservation; 21 (2) all dependent Indian communities within the 22 borders of the United States, whether within the orig- 23 inal or subsequently acquired territory thereof, and 24 whether within or without the limits of a State; 4 1 (3) all trust or restricted Indian allotments or lands 1 subject 2 including any rights-of-way running through them; and 2 dian tr 3 (4) all trust or restricted land outside the limits of 3 ing its 4 any Indian reservation held by the United States for any 4 any me 5 Indian tribe, band, community, group, or pueblo. 5 all or { 6 (b) As used in this Act, the term "tribe" shall, where 6 of the 7 appropriate, mean federally recognized Indian tribe, band, 7 whethe 8 community, group, or pueblo. 8 concur 9 SEC. 103. (a) In any case in which, pursuant to the 9 or crim 10 provisions of section 2, 4, 6, or 7 of the Act of August 15, 10 (1 11 1953 (67 Stat. 588), the Act of February 8, 1887 (24 11 council 12 Stat. 390), the Act of May 27, 1902 (32 Stat. 245), the 12 adopte 13 Act of May 31, 1902 (32 Stat. 284), the Act of May 8, 13 in the 14 1906 (34 Stat. 182), the Act of May 6, 1910 (36 Stat. 14 That i 15 348), the Act of December 30, 1916 (39 Stat. 865), the 15 tive or 16 Act of June 14, 1918 (40 Stat. 606), the Act of April 28, 16 by ma 17 1924 (43 Stat. 111), the Act of June 26, 1936 (49 Stat. 17 memb 18 1967), the Act of August 25, 1937 (50 Stat. 806), the Act 18 endum 19 of June 25, 1948 (62 Stat. 827), the Act of July 2, 1948 19 centun 20 (62 Stat. 1224), the Act of September 13, 1950 (64 Stat. 20 member 21 845), the Act of August 27, 1954 (68 Stat. 868), the Act 21 (. 22 of June 18, 1956 (70 Stat. 290), the Act of August 8, 1958 22 the II 23 (72 Stat. 545), the Act of April 11, 1968 (82 Stat. 73), 23 with t 24 or the Act of November 25, 1970 (84 Stat. 1358), or court 24 tive II 25 decisions, any area of Indian country or person therein is 25 period I S 2 5 1 subject to State civil or criminal jurisdiction or law, the In- 2 dian tribe affected is authorized to adopt resolutions indicat- 3 ing its desire (1) to have the United States reacquire all or 4 any measure of such civil or criminal jurisdiction and to have 5 all or any measure of the corresponding civil or criminal law 6 of the State no longer applicable, and (2) to determine 7 whether tribal civil or criminal jurisdiction or law shall be 8 concurrent with all or any measure of Federal or State civil 9 or criminal jurisdiction or law. 10 (b) Any such resolution shall be adopted by the tribal 11 council or other governing body of such tribe, or shall be 12 adopted by the initiative or referendum procedure contained 13 in the tribal constitution and bylaws: Provided, however, 14 That if the tribal constitution and bylaws contain no initia- 15 tive or referendum procedure, the resolution may be adopted 16 by majority vote of the eligible voters who are enrolled 17 members of the tribe residing on its reservation in a refer- 18 endum election upon a petition signed by at least 25 per 19 centum of the eligible voters of the tribe who are enrolled 20 members residing on its reservation. 21 (c) Ninety days following receipt by the Secretary of 22 the Interior of any such resolution adopted in accordance 23 with the provisions of this Act, the resolution shall be effec- 24 tive unless the Secretary of the Interior has within that 25 period formally disapproved the resolution for the reason that S. 2010-2 6 1 (1) the tribe has no applicable existing or proposed law and 2 order code, or (2) the tribe has no plan for fulfilling its 3 responsibilities under the jurisdiction sought to be reacquired 4 or determined. 5 (d) Whenever the resolution shall become effective, 6 (1) the United States shall reacquire, in accordance with the 7 provisions of the resolution, all or any measure of such civil 8 or criminal jurisdiction in such area of Indian country or 9 parts thereof occupied by the tribe, and all or any measure of 10 the corresponding civil or criminal law of the State shall no 11 longer be applicable therein, and (2) tribal civil or criminal 12 jurisdiction or law shall, in accordance with the provisions of 13 the resolution, be concurrent with all or any measure of Fed- 14 eral or State civil or criminal jurisdiction or law. 15 (e) Upon disapproval by the Secretary of any such res- 16 olution, the Secretary shall immediately assist the tribe under 17 title II hereof in preparation of a law and order code or plan, 18 and when such inadequacies are alleviated, the Secretary 19 shall approve the resolution. In the event of disapproval by 20 the Secretary of any such resolution, the tribe affected may 21 appeal the disapproval to the Federal Court for the District 22 of Columbia in which original jurisdiction for any such appeal 23 is hereby vested, and the Secretary shall have the burden 24 of sustaining his findings upon which the resolution was 25 disapproved. 7 1 SEC. 104. No action or proceeding pending before any 2 court or agency of any State immediately prior to the re- 3 acquisition or determination of jurisdiction pursuant to this 4 Act shall abate by reason thereof. For purposes of any such 5 action or proceeding, such reacquisition or determination of 6 jurisdiction shall take effect on the day following the date 7 of final determination of such action or proceeding. 8 SEC. 105. Section 6 of the Act of August 15, 1953 9 (67 Stat. 588) is hereby repealed, but such repeal shall 10 not affect any cession of jurisdiction validly made pursuant 11 to such section prior to its repeal. 12 TITLE II-IMPROVEMENT OF LAW ENFORCE- 13 MENT ON INDIAN RESERVATIONS 14 SEC. 201. (a) The Secretary of the Interior is author- 15 ized and directed to establish and implement programs to 16 improve law enforcement and the administration of justice 17 within Indian reservations and Indian country. 18 (b) In implementing such programs the Secretary is 19 authorized to make grants to, and contracts with, Indian 20 tribes, to implement programs and projects to- 21 (1) determine the feasibility of Federal reacquisi- 22 tions of jurisdiction and determination of jurisdiction 23 over such Indian country or parts thereof occupied by 24 such tribes, including preparation of law and order 25 codes, substantive laws, codes of civil and criminal pro- 8 1 cedure, and establishment of plans for fulfilling tribal 2 responsibilities under the jurisdiction sought to be re- 3 acquired or determined; 4 (2) establishing and strengthening police forces of or the tribes, including recruitment, training, compensation, 6- fringe benefits, and the acquisition and maintenance of 7 police equipment; 8 (3) establishing and improving tribal courts in order 9 to assure speedy and just trials for offenders, the appoint- 10 ment, training and compensation of qualified judges, 11 and the appointment, training and compensation of 12 qualified Indian prosecution officers, and the establish- 13 ment of competent legal defender programs; 14 (4) the establishment and maintenance of correc- 15 tional facilities and the establishment and strengthening 16 of correctional personnel departments, including recruit- 17 ment, training, compensation, and fringe benefits, Department of Justice STATEMENT OF JOHN C. KEENEY DEPUTY ASSISTANT ATTORNEY GENERAL CRIMINAL DIVISION BEFORE THE SUBCOMMITTEE ON INDIAN AFFAIRS OF THE INTERIOR AND INSULAR AFFAIRS COMMITTEE UNITED STATES SENATE CONCERNING S. 2010 - INDIAN LAW ENFORCEMENT IMPROVEMENT ACT ON MARCH 5, 1976 3, REVOLUTION / 1176 Good morning Mr. Chairman. I welcome the opportunity to appear before your subcommittee today to discuss S. 2010. As you know, we have filed a report on the bill which details our views on S. 2010, as well as the basic principles which underlie those views. Today, I would like to very briefly outline our position. I would like to stress, at the outset, that while we have problems with some parts of S. 2010, we strongly support the concept of Indian tribes having the right to decide for themselves whether they are to be under state or federal jurisdiction, and that any requests for a return to federal jurisdiction should come from the tribes alone. We believe that the tribes, rather than the states, should be given the option, in an orderly fashion and with reasonable control by the Department of Interior, to return to that criminal and civil jurisdiction which prevailed in Indian country prior to 1954 and the enactment of P.L. 280. Permit me now to turn to the specifics of S. 2010. Title I lists numerous statutes which have given states varying degrees of criminal and civil jurisdiction over reserva- tions within their boundaries. It provides that tribes affected by these statutes (and by court decisions) may adopt resolu- tions expressing a desire to have the United States reacquire all or any measure of the civil or criminal jurisdiction -2- presently exercised by the states. The tribe's resolutions may also express a desire that the tribal government share jurisdiction with either the federal or state governments. S. 2010 permits the Secretary of Interior 90 days to disapprove tribal resolutions for either of two reasons: (1) the tribe has no applicable existing or proposed law and order code, or (2) the tribe has no plan for fulfilling its responsibilities under the jurisdiction sought to be reacquired or determined. If the Secretary fails to disapprove a resolu- tion within 90 days, it becomes effective. If he disapproves the resolution, the bill provides that the Secretary will assist the tribe in alleviating the inadequacies he found to exist. The tribe may appeal the Secretary's disapproval to the United States Circuit Court for the District of Columbia. In any court proceeding the Secretary would have "the burden of sustaining his findings upon which the resolution was disapproved." P.L. 280 was passed at a time when federal policy was to terminate the then existing special relationships between the tribes and the federal government. P.L. 280 gave five states jurisdiction over virtually all of the Indian country within their borders. Sections six and seven of the statute, in effect, -3- allowed additional states to assume jurisdiction over Indian territory within their borders. In neither instance were the tribes themselves given a voice in this process. A portion of the 1968 Civil Rights Act attempted to address this inequity by providing that Indian tribes, in the future, must consent to state jurisdiction before becoming subject to it. The 1968 Act also gave the states maintaining jurisdic- tion over Indian country the power to retrocede it to the federal government. But like the 1954 legislation, there was no requirement that the tribes be consulted. We believe the time has come for this situation to be remedied. It is unfair that tribes who without being consulted were placed under state jurisdiction between 1954 (when P.L. 280 was enacted) and 1968 should not be given the opportunity to elect between federal and state jurisdiction. However, we have reservations as to the approach taken by S. 2010. First, we believe the bill is far too broad in scope. The list of statutes contained in Section 103 (a) includes several that concern the allotment of land on Indian reservations. A request from some tribes resulting in the federal government reacquiring civil jurisdiction might, for example, give rise to land claims by Indian tribes, invalidate past land transfers and redefine the boundaries of some reservations. Other -4- statutes included in Section 103 (a) pertain to relatively narrow areas such as granting to Oklahoma a right to tax oil and gas production on trust lands. It is the Department's position that these matters pertaining to tribal property and resources ought to be considered separately and apart from any proposed change in criminal jurisdiction. It would be preferable to limit the scope of legislation in this area to giving the tribe much greater power to bring about changes in criminal and civil jurisdiction than now exists because of P.L. 280. Second, the limitations the bill places on the power of the Secretary of Interior to refuse approval of a tribal resolution are too severe. While it may be desirable to set forth guidelines for the Secretary to follow in deciding to approve or disapprove a tribal resolution, such guidelines should permit the Secretary to take the interests of all parties into consideration. The concerned state should have a voice but certainly not a veto. Guidelines should not serve as a means of narrowly restricting the Secretary's discretion which is the apparent purpose of the criteria in S. 2010. There are numerous potential problems which might arise when a transfer of jurisdiction is proposed and the Secretary should be able to intelligently respond to them. For example, it should be possible for the Secretary to limit the frequency -5- with which a tribe changes its mind as to the jurisdictional arrangement between the tribe and other governments. He should be able to consider whether the allocation of juris- diction the tribe proposes is a rational one and permits other governments to function effectively. He also must be able to assess the availability of tribal and federal resources for establishing an efficient system of government and set a date for the effective reassumption of jurisdiction with this assessment in mind. Third, it is not clear whether the bill intends to grant jurisdiction to tribal courts over non-Indians. If Congress intends to speak to this question one way or the other it should do so clearly. If it does not, this should also be made clear - as the matter is presently in litigation. In closing, I would like to note that the Department has established a special interdepartmental subcommittee whose mission is to develop a legislative proposal in the area of Indian territory jurisdiction which would accomplish the objectives we all support. The chairman of that sub- committee, Harry Sachse of the Solicitor General's Office, is with me today, as is William J. Mulligan, United States Attorney for the Eastern District of Wisconsin. Both are familiar with the problems of tribes in P.L. 280 states and join with me in inviting your questions. DOJ-1976-03 OFFICE OF UNDER SECRETARY UNITED STATES DEPARTMENT OF THE INTERIOR WASHINGTON April 1, 1976 Memorandum To: Legislative Counsel From: Schoc FORD & GERALD LIBRARY Special Assistant to the Subject: Proposed Bill in re Retrocession This is in comment on a proposed bill which provides for a means whereby Indian Tribes may seek retrocession of state jurisdiction under P.L. 83-280 and similar laws. Generally, the bill addresses relevant considerations. My specific comments are as follows: Section 3 This section should include language which makes it clear that the 90-day period for the Secretary's review does not begin to toll until the Tribe's submission of a plan has sufficient data upon which the Secretary can base an informed evaluation and judgment. Secondly, neither the bill nor the proposed letter to Senator Jackson explains what the bill considers to be an "adequate" law and order code. Also, we should consider whether code provisions which are on their face in violation of the Indian Bill of Rights are considered "inadequate." In the same light, there is no definition for what an "adequate means for the resolution of civil disputes "is, or how many is" so small as to make the proposed return of juris- diction clearly impractical", or how clear" clearly impracticable" must be. I suggest that a definition section be included for these words. Thirdly, the first paragraph of section 3 is somewhat disjointed in its syntax so as to make unclear as to what the 90-day period applies. As written, it could be interpreted to mean that the Secretary must consult with the affected governor and the U.S. Attorney General within 90 days, but it leaves somewhat unclear the period of time within which the Secretary must register his judgment of the submitted plan. INTERIOR DEPT. AFR i - 1976 LEGISLATIVE COUNSEL 2 Section 4 You may want to consider allowing the governor and the tribes an opportunity to mutually agree to a postponement beyond the one year as well as the tribe and the Secretary. This would provide another means for the tribe to delay retrocession in the event that the tribe and the Secretary disagreed on a retrocession date. Section 7 I recommend that the word "non-Indians" be changed to read "non- members," if it determined by the DOI that this legislative proposal should not address the issue of political rights of non-members. Omissions Would be prudent to include some provision that the Secretary must issue regulations and guidelines for the implementation of the Act. This may cure the vagueness problem. Political rights of non-members issue Avoidance of this issue merely continues the state of confusion within Indian country as to the respective political rights of members and non-members and the extent of the governmental authority of tribal, state, and federal governments. It is unfair and unreasonable for the Federal Government to delay addressing this issue directly. The only real question should be whether to address this issue in this piece of legislation or whether to meet this issue in a soon-to-follow separate proposed bill. A separate bill probably is the more prudent course. Thus, it would be adviseable for the letter to Senator Jackson to make reference to a prospective proposal from the Administration. GERALD R. LIBRARY FORD DIE INTERIOR UNITED STATES DEF RTMENT OF THE INTERIC 5.2010 Lets OFFICE OF THE SOLICITOR ? WASHINGTON. D.C. 20240 April 2, 1976 MEMORANDUM TO THE LEGISLATIVE COUNSEL FROM : Deputy Solicitor SUBJECT: Revision of S.2010 I have gone over the draft bill that was jointly prepared by Interior and Justice and have the following comments. Section 6 is unclear as to whether a state court or agency con- tinues to have jurisdiction over pending proceedings or whether such proceedings are transferred to the tribal authority and thereafter continue to be adjudicated by the tribal authority. FORD The proposed letter states that the state court or agency would retain such jurisdiction. I recommend that Section 6(a) be changed to specifically state this result. LIBRARY David E. Lindgren copy: Reid Chambers INTERIOR DEPT. APM j- 1976 LEGISLATIVE COUNSEL THERICAN REVOLUTION WCENTENNIAL 1776-1976 THE WHITE HOUSE WASHINGTON April 19, 1976 MEMORANDUM FOR: HOWARD BORGSTROM fibri FROM: BOBBIE GREENE KILBERG Attached is a copy of the Justice Department's letter on S. 2870 which I have marked up. I feel very strongly that the material which I have excised should be eliminated in the cleared letter. I do not think the excised language is necessary and believe it puts Justice in the position of making moral and policy judgments which are troublesome and which are not the responsibility of the litigator. I did talk to Peter Taft about my concerns and he disagrees. I would urge you to talk directly with him. On your specific question about references to two of the seven historical Sioux Tribes (page 4), Peter Taft will wait to hear directly from you. I pointed out to him that the Interior letter refers to eight Sioux Tribes, but it is not clear to me whether the reference is or is not in the same context. As to your interest in having a further description of the other litigation before the Indian Claims Commission, I think Peter bekieves the description on page 4 is sufficient, but again you should speak directly with him. FORD LIBRARY delations 110 GENERAL LEGISLATIVE AFFAIRS Department of Washington, D.C. 20530 FORD & LIBRARY GERALD Honorable James T. Lynn Director, Office of Management and Budget Washington, D.C. 20503 Dear Mr. Lynn : Enclosed are copies of a proposed communication 1.00 to be BOUS., transmitted 1 bill "To amend the Indian Claims Commission Act of to the Congress relative to: S. 2700, 94th Cond, August 13, 1946. Please advise this office as to the relationship of the proposed commu- nication to the Program of the President. Sincerely, United Michael M. Uhlmann Assistant Attorney General LA-6A FORMERLY G-122 1.22 DOJ Department III OUBLICE Washington, D.C. 20530 Honorable Henry M. Jackson Chairman, Committee on Interior and Insular Affairs United States Senate Washington, D. C. 20510 Dear Mr. Chairman: You have requested the views of the Department of Justice on S. 2780, 94th Cong., 1st sess., a bill "To amend the Indian Claims Commission Act of August 13, 1946." The bill would eliminate the application of the defense of res judicata to permit certain Sioux Tribes to again liti- gate a claim respecting the transfer of the Black Hills of South Dakota to the United States in 1877. The bill implies that the Sioux claim for a Fifth Amendment taking of the Black Hills has not been decided "on the merits." This is in error. The bar of res judicata is inapplicable to claims which have not been decided on the merits. United States V. Creek Nation, 192 Ct. C1. 425 (1970); Assiniboine Tribe V. United States, 128 Ct. Cl. 617 (1954), cert. den., 348 U.S. 863; and Black- feet and Gros Ventre Tribes V. United States, 127 Ct. Cl. 807 (1954), cert. den., 348 U.S. 835. With respect to the transfer of the Black Hills to the United States, the Court of Claims decided on the merits in 1942 that no Fifth Amend- ment taking action against the United States would lie. Sioux Tribe V. United States, 97 Ct. Cl. 613 (1942), cert. den., 318 U.S. 789. The court's examination into the - 2 - applicable facts and law was very thorough and its con- clusion arrived at only after a number of years of liti- gation and the writing of extensive findings and a well- considered opinion. Id. at 616-689. In the recent litigation arising under the Indian Claims Commission Act, the courts determined that the Sioux had had their day in court on the Fifth Amendment taking claim in the 1942 case and thereby refused to relitigate that issue. FORD United States V. Sioux Nation (Ct. C1., Appeal No. 16-74, June 25, 1975), not yet reported, cert. den., LIBRARY December 8, 1975. Congress enacted the Indian Claims Commission Act to provide all the tribes an opportunity to have their day in court on any past wrongs that they might elect to file against the United States and which had not been previously disposed of on the merits. Act of August 13, 1946, 60 Stat. 1049, 25 U.S.C. sec. 70. The resulting monetary awards have been beneficial to the tribes and with the act being a general statute embracing all tribal claims it has relieved Congress from the piece-meal, case- by-case method of considering such claims as had been the procedure before enactment of the general act. But there was a much more important benefit, partic- ularly to the Indian people, underlying the statute's enactment. This was the express provision in the act prohibiting the submission of any more claims based on ancient wrongs. See section 70k: The Commission shall receive claims for a period of five years after August 13, 1946, and no claim existing before such date but not presented within such period may thereafter be submitted to any court or administrative agency for consideration, nor will such claim there- after be entertained by the Congress. - 3 -- GERALD 10 FORD GENERAL This provision was for the purpose of notivating the Indian people to looking, not to the past, but to the present and to the future for the answers DD their problems. We believe that this is 2 most important goal and that if the Indian Claims Commission Act is Feft intact that goal will soon be reached. Otherwise, it will not We see no more merit in this amendment specially benefiting the Sioux than similar amendments specially benefiting the other tribes. In any complex litigation, party plaintiffs, unsatisfied with a judgment, can always select excerpts from the record and develop arguments explaining why they should have been awarded more. This is particularly true in the case of Indian claims involving alleged wrongs covering multitudinous incidents over periods as long as 200 years. The actual facts are frequently obscured and their construction often difficult from the limited records available. However, once a court has engaged in this task, its difficulty is not an excuse for abandoning the accepted doctrine of res judicata, especially after review and affirmance of the doctrine by the Court of Claims whose attitude is properly solicitous of the Indian interest. It may be claimed that without this proposed addi- tional redress the Sioux will be peculiarly uncompensated. We disagree. The Sioux have not been left without com- pensation. They have pending in the Indian Claims Com- mission at the present time a judgment in their favor of $17.55 million. This IS one of the larger awards that an Indian tribe has received. If the bill were passed, the S.? ultimate total judgment (if the Sioux were successful) would exeeed by about three fold the largest of all other Indian judgments In addition, this same group of Sioux FORD - 4 - LIBRAR has another large suit that is pending against the United States. Sioux Tribe V. United States, Docket No. 74, before the Indian Claims Commission. It appears that this latter case will result in an even much larger award in favor of the Sioux than the $17.55 million award already received. Moreover, these same Sioux have general accounting cases pending before the Indian Claims Commission which no doubt will end in additional judgments in their favor. See Sioux Tribe V. United States, Docket No. 115; Sioux Tribe V. United States, Docket No. 116; Sioux Tribe V. United States, Docket No. 117; Sioux Tribe V. United States, Docket No. 118; and Sioux Tribe V. United States, Docket No. 119, before the Indian Claims Commission. It should also be pointed out that while these Sioux are entitled the "Sioux Nation of Indians" they constitute N the descendants of essentially only two of the seven his- torical Sioux Tribes which made up the Sioux Nation as a whole. The descendants of the other somewhat smaller five tribes have also received, or are receiving, various sizable awards for the claims they have filed. Compared to the judgments of other Indian tribes, it is our opinion that X the Sioux have fared and are faring relatively well without the special benefit contemplated by the instant bill. Since, as noted above, there is no unique or com- pelling reason for Congress to grant these Sioux special benefits, if it does so, Congress will be faced with all the other Indian claims which have been subject to the res judicata bar. Here again proponents of this bill will minimize the number of the latter and their relative merit. We do not. Many such claims have been expressly barred by Indian Claims Commission decisions and many others would have been barred had they been filed before the Commission. To invite all of these claims to be again laid at the door of Congress would, in our opinion, be most unwise. - 5 - Of course, Congress could relieve itself of con- sideration of each of these additional claims individually by merely amending the bill and making it applicable to res judicata cases generally. We think such a solution would be equally bad. Given the very liberal judicial climate assigned to Indian claims cases, we would estimate that the additional Indian claims (those now barred by res judicata) might well require as much more litigation as those completed under the Indian Claims Commission Act amounting already to almost 30 years of concentrated effort. [congress and the Executive Branch have been very generous towards the Indians in recent years. We strongly favor the continuance of this policy and the exertion of every feasible means of helping them reach their ultimate destiny. But it is much better that the assistance granted be by direct appropriation and by looking towards the Indians' present and future needs rather than by keeping divisive discontent ever simmering by still further reliti- gation of ancient wrongs. Litigation of the ancient wrongs was appropriate in its time and was altogether proper in giving the Indians their day in court. But that work is now being as fully completed under the Indian Claims Com- mission Act as it is feasible to do so and it would be counterproductive to reopen these claims to yet another round of lawsuits. The additional cost to the Government, if the bill is enacted and the suit successful, would be about $85 million. This is a very large amount for one case but insofar as the Department of Justice is concerned, the cost is secondary to the disservice that would ultimately result to the United States and particularly to the Indian people if this type of bill were enacted. - 6 - The Department of Justice recommends against enact- ment of this legislation. The Office of Management and Budget has advised this Department that there is no objection to the sub- mission of this report from the Administration's program. Sincerely, Michael M. Uhlmann Assistant Attorney General United States Department of the Interior OFFICE or THE SECRETARY WASHINGTON, D.C. 20240 Dear Mr. Chairman: This responds to your request for our views on S. 2780, a bill "To amend the Indian Claims Commission Act of August 13, 1946, and for other purposes. 11 We recommend that the bill not be enacted. S. 2780 would amend section 2 (25 U.S.C. 70a) of the Indian Claims Commission Act of 1946 (60 Stat. 1049, 25 U.S.C. 70). One of the provisions of section 2 presently provides that in all claims under the Act against the United States heard and determined by the Commission, all defenses shall be available to the United States except those of the statute of limitations and laches. S. 2780 would amend that provision of section 2 by authorizing the Court of Claims ;, notwithstanding the defense of res judicata, to decide on the merits whether the Act of February 8, 1977 (19 X Stat. 254) effected a taking of the Black Hills portion of the Great Sioux Reservation in violation of the Fifth Amendment of the U.S. Constitution, and to enter judgment accordingly, in the case of United States V. Sioux Nation of Indians, Appeal No. 16-74. The Black Hills case has been under consideration in the courts since 1923. The Indian plaintiffs are eight Sioux groups in the States of North and South Dakota, Montana, and Nebraska, and in- clude approximately 60,000 persons. In a February 15, 1974 opinion (Sioux Nation of Indians V. United States, Docket No. 74-B, 33 Ind. Cl. Comm. 151) the Indian Claims Commission determined that under the Act of February 28, 1977, the United States had taken over 7 million acres of Sioux land in violation of the Fifth Amendment of the U.S. Constitution. The Commission awarded the Sioux plaintiffs damages for both the value of the land at the time of the taking and the value of the minerals thereunder removed prior to the time of the taking, including interest on both. PAERICAN REVOLUTION WENTENMINE 1776 1976 FORD The United States appealed the decision to the U.S. Court of Claims (United States V. Sioux Nation, Appeal No. 16-74) on, inter alia, the issue that there had been no Fifth Amendment taking. If the 1877 taking did not violate the Fifth Amendmont, then the award would carry no interest. The June 25, 1975 Court of Claims decision on that appeal did not deal with whether the 1877 Act involved a taking of property by the United States. Rather, the Court dealt with the question of whether a 1942 Court of Claims decision had decided the taking issue thereby precluding (under the res judicata doctrine) consider- ation of the issue again. The 1975 Court of Claims majority held that the 1942 Court of Claims decision had previously determined that the 1877 Act did not involve E Fifth Amendment taking by the United States. Therefore, the Court reversed the February 15, 1974 majority decision of the Indian Claims Commission. On December 8, 1975, the United States Supreme Court denied the Petition for Certiorari (No. 75-456) appealing the 1975 Court of Claims decision. In its 1975 decision, the Court of Claims described the actions of the United States in the events leading to the 1877 Act as "[A] more ripe and rank case of dishonorable dealings will never, in all probability, be found in our history " (at 6) These actions and events have been described at length, both before the courts and before the Congress, and we agree that they were a tragic chapter in our history, causing great suffering to the Sioux. However, despite what the merits of this case may be, we cannot support enactment of S. 2780. The Court of Claims noted in its 1975 decision that when Congress waived certain defenses of the United States in enacting the Indian Claims Commission Act, it did not include res judicata among the waived defenses. We would point out that because of this, many tribes or groups whose claims had been ajudicated prior to 1946 may not have filed their claims with the Indian Claims Commission. Further, it would follow that if there are tribes or groups which had filed previously ajudicated claims with the Com- mission those suits would probably have been dismissed on the ground of res judicata. In our judgment, enactment of S. 2780 2 would create an inequitable result with regard to 0 all these tribes or groups. We see no reason to change the law to so uniquely benefit one group when other groups, who may have also suffered wrongs, are or have been precluded from such form of relief. The Office of Management and Budget has advised that there is no FORD objection to the presentation of this report from the standpoint of the Administration's program. LIBRARY Sincerely yours, Commissioner of Indian Affairs Honorable Henry M. Jackson Chairman, Committee on Interior and Insular Affairs United States Senate Washington, D.C. 20510 3 9-1TII CONGRESS 1ST SESSION S. 2780 IN THE SENATE OF THE UNITED STATES DECEMBER 12, 1975 Mr. ABOUREZK introduced the following bill; which was read twice and referred to the Committee on Interior and Insular Affairs A BILL To amend the Indian Claims Commission Act of August 13, 1946, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That section 2 of the Indian Claims Commission Act of 4 August 13, 1946 (60 Stat. 1049; 25 U.S.C. 70a), as 5 amended, is hereby further amended by changing the period 6 at the end of the second paragraph to a colon, and by adding 7 the following language: "Provided, That, notwithstanding 8 the defense of res judicata, the Court of Claims is authorized 9 in United States against Sionx Nation of Indians, Appeal II 2 1 Numbered 16-74, to decide on the merits whether the Act 2 of February 28, 1877 (19 Stat. 25+), effected a taking of 3 the Black Hills portion of the Great Sioux Reservation in 4 violation of the fifth amendment, and to enter judgment 5 accordingly.". and Insular Affairs Read twice and referred to the Committee on Interior August 13, 1946, and for other purposes. To amend the Indian Claims Commission Act of 1ST SESSION SSIDIONOD HILFG DECEMBER 12, 1975 By Mr. ABOUREZK A BILL S. 2780 1384 PRESIDENTIAL DOCUMENTS: GERALD R. FORD, 1974 (1960-62); and visiting professor at Stanford Univer- The data base of the National Fire Data Center will sity (1964). She taught in the Oakland, Calif., public assist States and communities in setting priorities and in schools from 1938 to 1942. identifying possible solutions to problems. I will monitor Dr. Ray was born on September 3, 1914, in Tacoma, the progress of the Nation in reducing fire losses. Wash. She received her B.A. (1937) and M.A. (1938) The bill contains a provision that requires the Secretary degrees from Mills College and her Ph.D. from Stanford of Health, Education, and Welfare to establish 25 burn University in 1945. treatment centers, 90 burn programs, and 25 centers for She has served on many scientific boards and commis- expanded research on burns. Since these centers would sions, including the Washington State Occanography duplicate the burn research carried on through the trauma Commission and Oceanographic Institute, the Plane- program of the National Institute of General Medical tary Sciences Corporation, Inc., the Committee on Sciences and would add $5 million to the FY 75 budget, I Public Understanding of the Sciences, the Committee of will not seek appropriations to implement this particular Corresponding Consultants for the World Report on the provision of the bill. Environment, the Puget Sound Occanographic Study NOTE: As enacted, the bill (S. 1769) is Public Law 93-498, ap- Committee, and the President's Task Force on proved October 29, 1974. Occanography. Dr. Ray has published numerous articles and scientific papers on marine biology and holds many honors in this field. She received the William Clapp Award in Marine Indian Claims Commission Biology (1959), was a foreign member of the Danish Royal Society for Natural. History (1963), and was Appropriations Bill named Maritime Man of the Year in 1966. Statement by the President on Signing a Bill Providing Appropriations for Fiscal Year 1975. October 29, 1974 I have signed S. 3007, an act to authorize appropri- ations for the Indian Claims Commission for 1975. Federal Fire Prevention and It is a particular pleasure for me to be able to sign Control Act of 1974 this bill because there are not many opportunities in life to take clear and decisive action designed to right a past wrong. Statement by the President pon Signing the Bill The background is this: Into Law. October 29, '974 In 1877, the United States Government took over lands I am today signing into law S. 1769, the Federal Fire from the Sioux Indians in the Black Hills of South Dakota. Prevention and Control Act of 1974. At the same time, to prevent widespread starvation of While fire prevention and control is and will remain a these Indians deprived of their hunting grounds, the State and local responsibility, I believe the Federal Gov- Government supplied them with food and other provisions ernment can make useful contributions. I endorse the for a number of years. intention of this act to supplement rather than supplant Earlier this year, the Indian Claims Commission ruled existing State and local government activities. that the United States took the Black Hills lands illegally The program established by this act, which will be in violation of the fifth amendment. The 1877 value of implemented by an agency within the Department of the land and gold was estimated at $17.5 million which, Commerce, will contribute to our knowledge of fire and together with interest from that point, boosts the value our ability to prevent it. today to nearly $103 million. Federal assistance for research and development on However, the Indian Claims Commission Act of 1946 fire problems will be consolidated and expanded to pro- contains a provision requiring that the Government- vide the scientific and technological base for the develop- supplied food and other provisions, valued at approxi- ment of materials, equipment, and systems to reduce the mately $57 million, be used to offset the Indians' claims number and severity of fires. against the Government. If this offsetting provision stayed The Fire Academy system will supplement existing in effect, it would totally wipe out the $17.5 million orig- education and training for fire prevention personnel across inal evaluation and leave the Sioux Indians with nothing. the Nation. The basic legal question of whether or not the Sioux The research and development program will be closely have a legitimate claim against the United States over tied to the education and training program, thereby insur- the Black Hills land is still being litigated in the courts. ing that research and development results are disseminated However, in passing this act Congress has determined— quickly to communities. and I agree-that if such a claim is held to be valid, it Volume 10-Number 44 would be unfair and unjust to try to avoid paying it by Bill Increasing Federal deducting the cost of previously supplied food and provisions. Deposit Insurance Although we cannot undo the injustices from our his- tory, we can insure that the actions we take today are Statement by the President on Signing H.R. 11221 just and fair and designed to heal such wounds from the Law, While Expressing Reservations About One of past. Its Provisions. October 29, 1974 NOTE: As enacted, the bill (S. 3007) is Public Law 93-194, ap- I have signed H.R. 11221 which provides import proved October 27, 1974. new consumer protection in the area of credit finance. This legislation would double the basic Federal ance limits for deposits and savings accounts in Bill Concerning the Regulation of banks, savings and loan associations and credit from $20,000 to $40,000. This increase will help Interest Rates financial institutions to attract larger deposits. It also encourage savers to build up funds for retirement Statement by the President Upon Signing S. 3838 Into other purposes in institutions with which they are Law, While Expressing Reservations About Certain of miliar and which are insured by Federal agencies Its Provisions. October 29, 1974 have earned their confidence over the years. I am signing into law today S. 3838, "To authorize H.R. 11221 also contains fair credit billing provisi the regulation of interest rates payable on obligations which will protect consumers against the repeated issued by affiliates of certain depository institutions, and correct billings of computers that sometimes fail for other purposes". respond to consumer's inquiries. Now creditors must Titles II and III of the bill would remove burdensome knowledge customer inquiries within 30 days. More over, the creditor must resolve any dispute within inequities by authorizing exemptions from state usury days either by correcting the customer's bill or explain- laws of large business and agricultural loans and of large ing why the original bill is correct. Until these require borrowings of bank holding companies and bank deposits. ments have been met, there can be no dunning letter Such usury laws as this bill addresses are well-meaning sent or other action taken to collect amounts in dispute. but futile attempts to keep interest rates at "reasonable" Another extremely important provision in this les- levels. In fact, their net effect is that the same borrowers islation prohibits discrimination on the basis of SCX who are supposedly protected from "unreasonable" inter- marital status in the granting or denying of credit. Whi est rates are, instead, unable to obtain funds at the levels there has been a voluntary improvement in credit pre- set by law. cedures in recent years, women are still too often treated S. 3838 scems to me a clearly second-best remedy to as second-class citizens in the credit world. This legishe- this problem, and the States which have these usury laws tion officially recognizes the basic principle that women may wish to reconsider their applicability under today's should have access to credit on the same terms as men. conditions. This bill should also have a beneficial impact on the On the other hand, I am deeply concerned about Title availability of mortgage credit, since it returns to insti- I of the bill which enables the Federal financial regula- tutions insured by the Federal Savings and Loan Insur- tory agencies to place interest rate ceilings on securities ance Corporation well over a billion dollars in insurance issued by holding companies which at present are not premiums not now required by the corporation. subject to such regulations. I believe this provision goes One provision of H.R. 11221 is particularly unfor- in the same direction as the state usury laws from which tunate, however, in that it will severely undermine the the other titles of this bill authorize exemptions. I hope present method of gathering legitimate views of other ex- that the regulatory agencies will not see fit to exercise the ecutive branch agencies and identifying potential con- discretionary authority granted by this provision. flicts with other existing legislation in this field. Thus, it The Adininistration has introduced a bill, the Financial could seriously hamper efforts to achieve a coherent Ad- Institutions Act (S. 2591), containing a set of reforms ministration K gislative program. Therefore, I am asking that would gradually free the credit market from harm- the Congress to amend the law by deleting section 111. ful regulations of the sort imposed by Title I of S. 3838. This would pres rve the executive branch's ability to de I strongly urge the Congress to pass S. 2591. velop a coordinated and colierent legislative program. NOTE: As enacted, the bill (S.3838) is Public Law 93-501, ap- This bill includes a number of provisions which could proved October 29, 1974. more appropriately be considered in the framework of 1 Volume 10-Number 44 THE WHITE HOUSE WASHINGTON July 1, 1976 MEMORANDUM FOR: JIM MITCHELL # Bobbi FROM: BOBBIE GREENE KILBERG Ted Marrs has informed me that the Scheduling Office has tentatively accepted a proposal for the President to meet with 150 tribal leaders, possible on a date as early as July 12. It would be very useful if we could announce our support for the bill dealing with Public Law 280 on that date. CC: Paul O'Neill Ted Marrs Howard Borgstrom FORD LIBRARY is 07V839 NATIONAL CONGRESS OF SUITE 700, 1430 K STREET, N.W., WASHINGTON, D.C. 20005 (202) 347-9520 AMERICAN -INDIANS- June 21, 1976 EXECUTIVE COMMITTEE Doris M. Meissner PRESIDENT Chairwoman Mel Tonasket Task Force on Indian Matters Colville U. S. Department of Justice FIRST VICE-PRESIDENT Washington, D. C. 20530 Veronica Murdock Mohave RE: Legislation Regarding P. L. 280, TREASURER Tribal Jurisdiction and Law Ray Goetting Caddo Enforcement on Indian Reservations RECORDING SECRETARY Ramona Bennett Dear Ms. Meissner, Puyallup EXECUTIVE DIRECTOR Thank you for providing our office with a copy Charles Trimble of your Task Force Memorandum of May 24, 1976, concerning Oglala Sioux the "Indian Jurisdiction Act," the Justice Department's AREA VICE PRESIDENTS legislative proposal now being reviewed by the Office of Management and Budget. Your courtesy in extending an in- ABERDEEN AREA vitation to review and comment on this proposal is appre- Joe Chase ciated. Mandan ALASKA AREA Gordon Jackson The National Congress of American Indians agrees Tlinget with the statement of philosophy contained in the Task Force ANADARKO AREA Memorandum, page 1, and with the general intent of the pro- Juanita Ahtone posed legislation. We would welcome the opportunity to re- Kiowa view this proposal in its final form, following examination BILLINGS AREA by the Office of Management and Budget. Ray Spang Northern Cheyenne You will find the specific views of the National GALLUP AREA Congress of American Indians, as well as those of Tribes and Victor Sarracino other Indian organizations, in the language of S. 2010, and Laguna aptly set down in the record of testimony on the "Indian Law MINNEAPOLIS AREA Enforcement Improvement Act" heard before the Senate Indian Stanley Webster Affairs Subcommittee, December 3 & 4, 1975. Oneida MUSKOGEE AREA Katharine Whitehorn Sincerely Osage Mel Gonaslat FORD LIBRARY PHOENIX AREA Irene Cuch Mel Tonasket Ute President PORTLAND AREA Roger Jim CC: Senator James Abourezk, Chmn., Sen. Indian Affairs Subcommittee Yakima Senator Henry M. Jackson, Chmn., Sen. Int. & Ins. Affairs Comm. SACRAMENTO AREA Commissioner Morris Thompson, Bureau of Indian Affairs Rachel Nabahe Wendell Chino, President, National Tribal Chairmen's Association Shoshone/Paiute P. S. Deloria, Director, American Indian Law Center SOUTHEAST AREA Jonathan Ed Taylor Cherokee NATIONAL CONGRESS OF SUITE 700, 1430 K STREET, N.W., WASHINGTON D.C 20005 202) 347 9520 AMERICAN July 21, 1976 EXECUTIVE COMMITTEE The Honorable Richard Kneip PRESIDENT Governor Met Tonasket State of South Dakota Colville State Capitol Building GERALD FORD LIBRARY FIRST VICE-PRESIDENT Pierre, South Dakota 57501 Veronica Murdock Mohave TREASURER RE: Organized Opposition in South Dakota Ray Goetting Caddo to the Political, Social and Human RECORDING SECRETARY Rights of Indian Nations and Peoples Ramona Bennett Puyallup Dear Governor Kneip, EXECUTIVE DIRECTOR Charles Trimble The National Congress of American Indians, the oldest Ogiala Sioux and largest national Indian organization, has a constituency of AREA VICE PRESIDENTS Indian nations, tribes and peoples whose objective is to consoli- date individual tribal efforts into an organized voice which can ABERDEEN AREA speak to effectuation and implementation of legislative and admin- Joe Chase Mandan istrative procedures in compliance with treaties and the basic ALASKA AREA tenets of the trust responsibility. Gordon lackson Tlinget As you are undoubtedly aware, there exists a situation ANADARKO AREA of great magnitude within South Dakota concerning certain citizens Juanita Ahtone of your State who are engaged in deliberate and aggressive attempts Kiowa to violate Indian political, social and human rights. These funda- BILLINGS AREA mental rights are guaranteed to Indian governments and Indian peo- Ray Spang ples by treaties, which are upheld by the United States Constitu- Northern Cheyenne tion, by statute and by the first element of the trust responsibil- GALLUP AREA ity, which extends to the preservation, protection and enhancement Victor Sarracino of Indian tribal sovereignty. Laguna MINNEAPOLIS AREA The membership of the National Congress of American Stanley Webster Oneida Indians has addressed their concerns regarding the radical element MUSKOGEE AREA of South Dakota citizenry which is militating against Indian peoples Katharine Whitehorn whose borders touch those of your State. The attached resolutions Osage are expressions of those concerns. PHOENIX AREA Irene Cuch We respectfully request that you and your staff carefully Ute review and respond to the attached resolutions so that the official PORTLAND AREA position of the State of South Dakota might be stated clearly for Roger Jim the understanding of all concerned. Your immediate attention to this Yakima matter will do much to relieve our deep concern that such activities SACRAMENTO AREA could be condoned or sanctioned, even in their most subtle form, by Rachel Nabahe the majority of South Dakota citizens or by your Administration. Shoshone/Paiute SOUTHEAST AREA Sincerely, Jonathan Ed Taylor Cherokee Mel Tonasket NCAI President THE WHITE HOUSE WASHINGTON July 21, 1976 MEMORANDUM FOR: FOSTER CHANOCK FROM: BOBBIE KILBERG Attached at Tab A is a set of talking points on the issue of civil and criminal jurisdiction on Indian reservations which has been concurred in by Interior, Justice and OMB. Attached at Tab B is the relevant part of the President's statement to the Indian leaders, and attached at Tab C is the lead-in paragraph to the AP wire story which appeared in a Spokane, Washington news- paper and most probably in other papers throughout the West. There are two additional points that you should be aware of that do not appear in the talking points: (1) The present legal status of non-Indians residing within reservation boundaries is uncertain and confused. The issues involved are very complex and there are a number of cases presently in litigation that deal with different aspects of non- Indian status. The Administration draft bill does not attempt to legislatively alter any aspect of that status and the Adminis- tration position to date has been to leave the dispute to the courts. Many Anglo residents of Indian reservations want the Administration to legislatively attempt to solve non-Indian jurisdictional problems. (2) The draft Administration bill only applies to States that have exercised jurisdiction under P.L. 280 and similar GEBALD FORD LIBRARY statutes. North Dakota asserted State jurisdiction over the Devil's Lake Reservation by a statute prior to P.L. 280; Montana asserted jurisdiction for criminal matters over the Flathead Reservation under the provisions of P. L. 280. Wyoming, Colorado and South Dakota have not asserted State jurisdiction. -2- However, the AP news wire story will create concern in all Western states, regardless of their P. L. 280 status, because the story implies that any tribe in any State could assume all criminal and civil jurisdiction over Indians and non-Indians residing on its reservations. FOR IMMEDIATE RELEASE JULY 16, 1976 OFFICE OF THE WHITE HOUSE PRESS SECRETARY THE WHITE HOUSE REMARKS OF THE PRESIDENT TO THE AMERICAN INDIAN LEADERS THE EAST ROOM 3:15 P.M. EDT Let me welcome each and every one of you to the White House this afternoon. I am extremely happy to have the opportunity to meet with you individually as well as collectively and I am very proud to have the distinguished leaders and the elected representatives of America's Indian tribes here in the East Room of the White House. I looked over your schedule and I hope from the distinguished speakers that spoke with you that you have had an informative briefing session, not only with Secretary Kleppe, but the others -- those who were responsible for some of the Government Indian programs. I think it is vitally important that you tell us what your problems are, what your needs are and then we can be fully informed as to the right policies and the right programs. Let me take just a few minutes to talk with you on a personal basis, to let you know of my personal concern and for the needs of Indians and BESALD FORD native Americans. The Federal Government has a very unique relationship with you and your people. It is a relationship of a legal trust and a high moral responsibility. That relationship is rooted deep in history, but it is fed today by our concern that the Indian people should enjoy the same opportunities as other Americans, while maintaining the culture and the traditions that you rightly prize as your heritage. That heritage is an important part of the American culture that we are celebrating in this great country in our Bicentennial year. Your contribution has. been both material and spiritual. Your ancestors intro- duced settlers not only to new foods and new plants, but to Indian ways of life and Indian values which they absorbed. MORE Page 2 This is a year for all of us to realize what a great debt we individually and colletively owe to the American Indians. Today, you are concerned about such serious problems as poverty, unemployment, crime, poor health and unsuitable housing on Indian reservations. I share your concern. I am hopeful about the future and about what we can achieve by continuing to work together. The 1970s have brought a new era in Indian affairs. In the last century, Federal policy has vacillated between paternalism and the threat of terminating Federal responsi- bility. I am opposed to both extremes. I believe in maintaining a stable policy so that Indians and Indian leaders can plan and work confidently for the future. We can build on that foundation to improve the opportunities available to American Indians, and at the same time, make it possible for you to live as you choose within your tribal structure and in brotherhood with your fellow citizens. We have already begun to build. My Administration is supporting the concept of allowing Indian tribes to determine whether they and their members, in addition to being under tribal jurisdiction, should be under State or Federal civil and criminal jurisdiction. I have directed the Departments of Justice and Interior to draft legislation which would accomplish this goal efficiently, effectively and within adequate guidelines. They have solicited the views of the Indian community in preparing their recommendations which I will soon send to the Congress. I am committed to furthering the self- determination of Indian communities but without terminating the special relationship between the Federal Government and the Indian people. I am strongly opposed to termination. Self-determination means that you can decide the nature of your tribe's relationship with the Federal Government within the framework of the Self-Determination Act, which I signed in January of 1975. Indian tribes, if they desire, now have the opportunity to administer Federal programs for themselves. We can then work together as partners. On your part, this requires initiative and responsibility as you define your tribal goals and determine how you want to use the Federal resources. On the Federal Government's part, self-determination for Indian tribes requires that Federal programs must be flexible enough to deal with the different needs and desires of individual tribes. MORE Page 3 In the past, our flexibility has been limited by the lack of effective coordination among departments and agencies offering a wide variety of programs and services to the Indian people. Programs serving both reservation and non-reservation Indians are spread across half a dozen different Cabinet Departments involving agencies ranging from the Economic Develop- ment Administration to the Federal Aviation Administration. MORE FGRD & LIBRARY GERALD Page 4 As many of you know, this is Ted Marrs' last day on the White House staff. Ted's service as White House Liaison for Indian Affairs has been invaluable to me as President and to the Cabinet officers and, I am confident, to the Indian community. With his departure, I will announce shortly the name of a person who will assume Ted Marrs' duties in the Office of Public Liaison in the area of Indian Affairs. This appointee will be an individual with respon- sibility to work with the Cabinet officers, with the Office of Management and Budget, with the Domestic Council and with my Legal Office to encourage the improved coordination of the various Federal agencies and programs that currently serve the Indian population. As an additional step in this direction, I am also sending a memorandum to the heads of all Cabinet departments with Indian responsibilities, directing them to give priority attention to the coordination of Indian programs. These two actions will help to insure that one and one half billion dollars spent annually on Indian programs and services will be spent efficiently, with cooperation and without duplication. An important task we can help you with is the challenge of economic development of your lands. I congratulate you on the initiative that you have shown. I pledge encouragement. I pledge help in your efforts to create long-term economic development. Many Indian reservations contain valuable RALD FORD LIERARY natural resources. There must be the proper treatment of these resources with respect for nature, which is a traditional Indian value. My Attorney General has estab- lished an Indian resources section whose sole responsibility is litigation on behalf of Indian tribes to protect your natural resources and your jurisdictional rights. Indian leaders and the Indian people have gained an increasing skill in managing these resources so they benefit your tribes and our nation as a whole. I wholeheartedly and unequivocally pledge our cooperation in working with you to improve the quality of Indian life by providing soundly managed programs and a stable policy. We can make the rest of the 1970s decisive years in the lives of the Indian people. Together we can write a new chapter in the history of this land that we all serve and this land that we all share. I thank you very much. END (AT 3:25 P.M. EDT) (1) In his statement to American Indian leaders on July 16, the President indicated he would introduce legislation to allow those Indian tribes, which have been subject to State civil and criminal jurisdiction under provisions of Public Law 83-280 and similar statutes, to decide whether they wish to continue under State jurisdiction or return to Federal jurisdictional status, subject to adequate standards established by the Secretary of the Interior. Under this retrocession legislation, a tribe could independently make a request to the Secretary of the Interior for retrocession of jurisdiction. However, in the process of considering retrocession, the Secretary of the Interior would be required to consult with the U.S. Attorney General and with the governors of the appropriate States. The draft Adminis- tration bill requires more comprehensive standards for retrocession than the Jackson bill, S. 2010. (2) This bill would only apply to those tribes over which States have exercised jurisdiction under Public Law 280 and similar statutes. (3) The draft Administration bill does not alter the present legal status of non-Indians residing within reservation boundaries. In contrast, the Jackson bill does provide for an alteration in in non-Indian status. BERALD FORD LIBERRY -2- (4) The Administration has made a substantial effort to consult with the governors of 35 states in order to elicit their views on the draft legislation. Spokesman Review, Spokane, Washington, Saturday, July 17, 1976 "Ford Backs Tribal Jurisdiction Rights", Washington--AP President Ford told Indian leaders Friday he soon will seek a new law that could give tribal governments criminal and civil jurisdiction over people living on Indian reservations. 0 I. The Act of August 15, 1953, Public Law 83-280, granted five States jurisdiction over Indian country. Section 6 of P.L. 280 permitted other States to amend their constitutions in order to assume such jurisdiction, and section 7 permitted States without a constitutional impediment to assume such jurisdiction through legislation. The States could act unilaterally without consulta- tion with tribes. Original P.L. 280 States GENALD R. FORD LIBREDY California; Minnesota; Nebraska; Oregon; Wisconsin Later P.L. 280 States Alaska; Florida; Idaho; Montana (only on one reservation and concurrent with tribe); Nevada; Washington Other Statutes (prior to 1954) North Dakota (1946); Iowa (1948) ; Kansas (1940); and New York (1948 and 1950). II. Administration draft bill: Any tribe subject to State civil and criminal jurisdiction pursuant to statutes listed in bill may adopt a resolution request- ing that the tribe and U.S. acquire any or all of the jurisdiction acquired by the State. Only jurisdiction tribe could acquire was that it had prior to P.L. 280. Tribe will forward resolution and plan of implementation to Secretary. Secretary has 90 days to accept or reject it, and to consult with affected governor and the U.S. Attorney General. Secretary will approve the tribal resolution unless: (1) tribal plan contains inadequate law and order code; (2) no adequate means to resolve civil disputes; (3) tribe lacks capacity to implement plan; (4) jurisdiction impracticable - small or scattered membership; (5) proposed allocation of jurisdiction among tribe, U.S., and State impractible. If Secretary approves, retrocession within one year, or later by mutual extension. Secretary will assist tribe with preparing acceptable implementation plan and achieving capability to implement it if tribe's plan disapproved, although tribe has primary responsi- bility for such. not Draft bill does/ address question of tribal jurisdiction over non-Indians III. Major Issues Administration Draft S. 2010 Statutes affected only those conferring lists statutes by legislation civil and criminal not properly jurisdiction would includable in cease to apply legislation of this type (tax statutes, allot- ment acts etc.) Also cites "court decisions" as retro- cession basis - confusing and could lead to litigation Extent of subject to Secretarial tribe can keep reacquisition approval. One of five changing its mind criteria. Assures on jurisdictional against fragmented arrangements among concurrent jurisdiction. tribe, State and U.S. and could result in fragmented concurrent jurisdic- tion. This arrange- ment not subject to Secretarial discretion Guidelines for 5 criteria set out 2 criteria too Secretarial above (II) address narrow and severely approval of the potential problems limit Secretary's tribal plan tribes could face in discretion to approve implementation of plan. or disapprove. Does Gives Secretary reason- not take into account able discretion to approve any potential problems or disapprove in implementation. Tribal Jurisdiction Does not address Provides for over non- the issue. Left tribal jurisdiction Indians to the courts, over non-Indizns. 2 2 IV. State responses to draft legislation 1. Issues Support Oppose Not affected/No objection Washington California South Dakota Kansas Alaska North Carolina Nevada 2. Washington a. What is to be the status and powers of Indian tribal governments and how does this relate to other governmental (State and local) jurisdictions 1. Need for Federal policy direction on appropriate method of delivery of State-funded services - do State and local agencies continue to administer or will funds be channeled through tribes 2. Federal policy on State-tribal relations, most notably in hunting and fishing and State taxing juris- diction on reservations b. What is the territory over which tribal jurisdiction will be authorized 1. "Checkerboard" pattern of Indian/non-Indian land ownership on reservations 2. Incorporated Washington cities located wholly or partially within reservation boundaries (includes Tacoma) 3. Question of jurisdiction of reservations encompassing major State highways c. Revision of term "Indian country" to "established Indian reservation" - would remove checkerboard situations from bill d. Legislation must consider the rights of non-Indians and the extent of their participation in tribal government. Recommends revising section 7 to take non-Indians out of tribal government jurisdiction. 3 California a. Cites compelling State interest in applying State civil and criminal laws to Indian reservations, particularly California environmental and safety laws. Draft legislation would not protect State interests as they are affected by tribal activities. b. Law enforcement - prior to P.L. 280, States unable to apply their laws to Indian reservations, tribes ill-equipped to apply their laws, and U.S. failed to adopt and apply Federal law. Enactment of this draft would lead to same absence of any enforcement jurisdiction on reservations. C. California tribes not adequately able to regulate their FORD LIBRARY & own reservations at this time. Alaska a. Unique situation because of Alaska Native Claims Settlement Act: legislation could create legal and social confusion, and undo settlement 1. 40 million acres of land to Natives specifically not considered "Indian lands" 2. Thousands of Native allotment applications pending all over the State. Allotments came from public domain, not former reservations. 3. ANCSA intent to accomplish settlement without creating any reservation system or lengthly trusteeship. b. Congress has never recognized tribal sovereignity in Alaska. OF THE INTERIOR United States Department of the Interior OFFICE OF THE SECRETARY March WASHINGTON, D.C. 20240 3, July 21, 1976 FORD is GERALO LIBRARY Note to Bobbie Greene Kilberg: This responds to your request for a summary of my telephone conversation of July 20, 1976, with Mr. Ingram of Montana. Mr. Ingram, a non-Indian, lives on the Flathead Reservation, Montana. He expressed concern about what he perceives to be the President's unqualified support for legislation authorizing tribes to request reacquisition of State civil and criminal jurisdiction. Mr. Ingram is not opposed to retrocession per se, but to tribal jurisdiction over non-members. In this regard, Mr. Ingram, an attorney, stated that he represents both "Montanans Opposing Discrimination" and the "Interstate Congress for Rights and Responsibilities." Mr. Ingram stated his concern about the "President's support" of tribal jurisdic- tion over non-members, and his belief that the President has not taken into account the views and feelings of those non-tribal members affected. Mr. Ingram particularly raised the following points: 1. he wants tribal jurisdiction over non-members deleted from any legislation the Administration might consider; 2. "Indian country" should be redefined to exclude non-Indian landowners; 3. tribal courts are not favorably disposed towards non-Indians, especially in the criminal area; 4. with retrocession, law and order on reservations may break down completely, and non-Indians will have no protection; 5. non-tribal members will have no voice in tribal decisions that would affect their lives and property; AMERICANA REVOLUTION 1776-1976 6. he expressed concern about the extent of tribal civil jurisdiction over non-members, particularly zoning, taxes, probate and land title disputes. He stated that even on reservations where State jurisdiction applies, there is confusion surrounding the exercise of such jurisdiction, and many tribal and State court judgments in Indian country are not being enforced under the present jurisdic- tional arrangement; 7. he emphasized that once tribes did reacquire jurisdiction, there should be full faith and credit between tribal and State courts. Mr. Ingram indicated that his organizations are so concerned about the impact of tribal jurisdiction that they are seriously considering a letter campaign to the President. He said that he could generate 10,000 letters opposing the legislation. I told Mr. Ingram that the Governor of Montana had not responded to our request for his views on the draft bill and suggested that he urge his Governor to send us Montana's comments. I emphasized that we had requested responses from 35 governors so that we could have the benefit of the views of all the citizens affected by any retrocession legislation. I also assured Mr. Ingram that I would relay his concerns to you. I described the Interior/Justice draft in detail. I stressed that it was entirely procedural in nature, and contained no substantive provisions concerning tribal jurisdiction over non-Indians, but left the matter to the courts. I also pointed out that we had written guidelines into section 3 which insured sufficient Secretarial discretion in approving a retrocession plan, so that any plan finally approved must be adequate and protect everyone's interests. Gerrie S. Greene Gerrie S. Greene 2 TELEGRAM FULL RATE The White House (STRAIGHT TELEGRAM) NIGHT LETTER Mashington July 27, 1976 GERALD FORD LIBRARY It has been erroneously reported that President Ford supports legislation to give tribal governments criminal and civil juris- diction over people living on Indian reservations This is inaccurate. The President does not support any bill that would alter the present legal status of non-Indians residing within reservation boundaries In his statement to American Indian leaders on July 16, President Ford indicated that he supported the concept of allowing certain Indian tribes (those which have been subject to State civil and criminal jurisdiction under provisions of Public Law 83-280 and related statues) to decide by tribal resolution whether they wish to continue under State jurisdiction or return to Federal jurisdictional status. This resolution is subject to the ap- proval or disapproval of the Secretary of the Interior under a clear set of reasonable guidelines. Under this concept, a tribe by itself could initiate a request to the Secretary of the Interior for a return to Federal jurisdictional status. In reaching his decision on this request, the Secretary of the Interior would be required to consult with the U.S. Attorney General and with the governors of the appropriate States. Application would be limited to tribes in States which have exercised jurisdiction under P.L. 280 and related statues. The Departments of Justice and Interior are drafting legislation on this subject, and the Administration has asked the governors of 31 states for their views on the draft legislation. It is the President's intention to continue these consultations and to expand them to include a wide range of interested groups. Stephen som G. McConahey Special Assistant to the President for Intergovernmental Affairs APPROVED FOR DISPATCH Honorable Jay S. Hammond Honorable William G. Milliken Governor of Alaska Governor of Michigan Juneau, Alaska 99801 Lansing, Mighican 48903 (907/465-3500) (517/373-3400) Honorable Paul Castro Honorable Wendell R. Anderson Governor of Arizona Governor of Minnesota Phoenix, Arizona 85007 Saint Paul, Minnesota 55101 (602/271-4331) (612/296-3391) Honorable Edmund G. Brown, Jr. Honorable Charles C. Finch Governor of California Governor of Mississippi Sacramento, California 95814 Jackson, Mississippi 39205 (916/445-2841) (601/354-7575) Honorable Richard D. Lamm Honorable Thomas L. Judge Governor of Colorado Governor of Montana Denver, Colorado 80203 Helena, Montana 50601 (303/89202471) (406/449-3111) FORD CIBRARY Honorable Ella Grasso Honorable J. James Exon Governor of Connecticut Governor of Nebraska Hartford, Connecticut 06115 Lincoln, Nebraska 68509 (203/566-4840) (402/471-2244) Honorable Reubin O'D Askew Honorable Mike O'Callaghan Governor of Florida Governor of Nevada Tallahassee, Florida 32304 Carson City, Nevada 89701 (904/488-4441) (702/885-5670) Honorable Cecil D. Andrus Honorable Jerry Apodaca Governor of Idaho Governor of New Mexico Boise, Idaho 83701 Santa Fe, New Mexico 87501 (208/384-2100) (505/827-2221) Honorable Robert D. Ray Honorable Hugh L. Carey Governor of Iowa Governor of New York Des Moines, Iowa 50319 Albany, New York 12224 (515/281-5211) (518/474-8390) Honorable Robert F. Bennett Honorable James E. Holshouser Governor of Kansas Governor of North Carolina Topeka, Kansas 66612 Raleigh, North Carolina 27611 (913/296-3232) (919/829-5811) Honorable Edwin W. Edwards Honorable Arthur A. Link Governor of Louisiana Governor of North Dakota Baton Rouge, Louisiana 70804 Bismarck, North Dakota 58501 (504/389-5281) (701/224-2200) Honorable James B. Longley Honorable David L. Boren Governor of Maine Governor of Öklahoma Augusta, Maine 04330 Oklahoma City, Oklahoma 73105 (207/289-3531) (405/521-2345) Honorable Robert Straub Governor of Oregon Salem, Oregon 97301 (503/378-3111) Honorable James B. Edwards Governor of South Carolina Columbia, South Carolina 29211 (803/758-3261) .. Honorable Richard F. Kneip Governor of South Dakota Pierre, South Dakota 57501 (605/224-3212) Honorable Dolph Briscoe Governor of Texas Austin, Texas 78711 (512/475-4101) Honorable Calvin L. Rampton Governor of Utah Salt Lake City, Utah 84114 (801/533-5231) Honorable Mills E. Godwin, Jr. Governor of Virginia Richmond, Virginia 23219 (804/786-2211) Honorable Daniel J. Evans Governor of Washington Olympia, Washington 98501 (206/753-6780) Honorable Patrick J. Lucey Governor of Wisconsin Madison, Wisconsin 53702 (608/266-1212) Honorable Ed Herschler Governor of Wyoming Cheyenne, Wyoming 82001 (307/777-7434) JAMES O. EASTLAND, MISS., CHAIRMAN SUBCOMMITTER: JOHN L. MC CLELLAN, ARK. ROMAN L. HRUSKA, NEBR. PHILIP A. HART, MICH. HIRAM L. FONG, HAWAII QUENTIN N. BURDICK, N. DAK., CHAIRMAN EDWARD M. KENNEDY, MASS. HUGH SCOTT, PA. JOHN L MC CLELLAN, ARK. ROMAN L. HRUSKA, NEBR. BIRCH BATH, IND. STROM THURMOND, S.C. PHILIP A. HART, MICH. HUGH SCOTT, PA. QUENTIN N. BURDICK, N. DAK. CHARLES MC C. MATHIAS, JR., MD. JAMES ABOUREZK, S. DAK. WILLIAM L. SCOTT, VA. ROBERT c. BYRD, W. VA. WILLIAM L. SCOTT, VA, JOHN V. TUNNEY, CALIF. WILLIAM P. WESTPHAL, CHIEF COUNSEL JAMES ABOUREZK, 9. DAK. FRANCIS C. ROSENBERGER CHIEF COUNSEL AND STAFF DIRECTOR United States Senate COMMITTEE ON THE JUDICIARY SUBCOMMITTEE ON IMPROVEMENTS IN JUDICIAL MACHINERY (PURSUANT TO SEC. 10, S. RES. 375, AGREED TO MARCH 3, 1976) WASHINGTON, D.C. 20510 July 30, 1976 Mel Tonasket, President National Congress of American Indians Suite 700 1430 K Street NW Washington, D. C. 20005 Dear Mr. Tonasket: Thank you for your recent letter requesting my views regarding the formation and activities of the Interstate Congress on Civil Rights and Responsibilities and similar groups. I must first confess that I am not personally familiar with the above mentioned organization. As a general statement, how- ever, I feel that all groups of people in this country should have the right to associate with similarly thinking people and form groups to advocate their cause. This would apply across the board from groups like AIM to groups such as the Interstate Congress on Civil Rights and Responsibilities. Thank you for bringing the Interstate Congress on Civil Rights and Responsibilities to my attention and also for informing me of the National Congress of American Indians' view concerning the group. With kind regards, I am And Sincerely, Quentin N. Burdick GERALD FORD LIBRAS QNB:rfk MORRIS K. UDALL COMMITTEES: 20 DISTRICT OF ARIZONA INTERIOR AND INSULAR AFFAIRS POST OFFICE AND CIVIL SERVICE Congress of the United States House of Representatives Mashington, D.C. 20515 August 2, 1976 Mr. Mel Tonasket, President National Congress of American Indians 1430 K Street, NW Suite 700 Washington, D C 20005 Dear Mr. Tonasket: Thanks for sharing with me your letter to Governor Castro and the articles describing formation of the Interstate Congress on Civil Rights and Responsibilities. I hope that my record in Congress since 1961 has reflected my concern with the political, social and human rights of the Indian people. Rest assured that I will continue to follow that concern. Sincerely, Wotedee Morris 1mb GERALD R. FORD THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS DON BONKER 1531 LONGWORTH House OFFICE BUILDING THIRD CONGRESSIONAL DISTRICT WASHINGTON, D.C. 20515 STATE OF WASHINGTON (202) 225-3536 COMMITTEES: Congress of the United States DISTRICT OFFICES: 209 FEDERAL BUILDING MERCHANT MARINE AND OLYMPIA, WASHINGTON 98501 FISHERIES Douse of Representatives (206) 753-9528 INTERNATIONAL RELATIONS U.S. POST OFFICE SELECT COMMITTEE Mashington, D.C. 20515 LONGVIEW, WASHINGTON 98632 ON AGING (206) 636-5260 104 N. LAUREL STREET August 2, 1976 PORT ANGELES, WASHINGTON 98362 (206) 457-0213 RECEI 0 1376 Mr. Mel Tonasket, President National Congress of American Indians Suite 700, 1430 K Street, N.W. Washington, D. C. 20005 Dear Mr. Tonasket: Thank you for the copy of your letter to Governor Evans outlining your opposition to the Interstate Congress on Civil Rights and Responsi- bilities. I think the position of the Washington Congressional delegation is clear and well known in regards to the Indian Rights and any attempt to abrogate the treaties existing between the U. S. Government and Indian Tribes. Although I may disagree with the purpose or objective of some group I also recognize their right to form an organization so long as they comply with all laws relative to such activity. Sincerely Don Bonker Member of Congress GERALD FORD VISRAST GRT THE GRE 40 X STATE OF UTAH OFFICE OF THE GOVERNOR 1896 SALT LAKE CITY CALVIN L. RAMPTON August 3, 1976 GOVERNOR RECEIVED AUG - 6 1976 R. FORD Mr. Mel Tonasket NCAI President GERALD Suite 700, 1430 K Street, N.W. Washington, D. C. 20005 Dear Mr. Tonasket: Thank you for your letter of July 21, 1976, expressing concern over the participation of certain Utah citizens in the activities of the Interstate Congress on Civil Rights and Responsibilities. While I am not in a position to control the activities of individual citizens of the State with regard to the Interstate Congress on Civil Rights and Responsibilities, I can state clearly the position of my administration. We have and will continue to support the concept of Tribal self-government and Indian self-determination and as citizens of the State, Indians social and human rights will be quaran- teed and protected on the same basis as our other citizens. There have been times in the past, and I expect there will be in the future, when the government of the State and Tribal governments have disagreed on issues. These differences have always been worked out through direct negotiation or other acceptable and appropriate ways. For further information you may contact Mr. Bruce Parry, Utah Division of Indian Affairs, Room 104 State Capitol Building. Governor Sincerely, Hamp THE WHITE HOUSE WASHINGTON August 10, 1976 MEMORANDUM FOR: FOSTER CHANOCK BOBBIE KILBERG FROM: STEVE McCONAHEY sem SUBJECT: Indians For your information, attached are copies of responses we have received from my July 27 telegram and July 28 letter regarding clarification of the President's position on the criminal and civil jurisdiction of tribal governments on Indian reservations. Attachments FORD & LIBRARY GERALD August 4, 1976 To: Mr. Stephen G. McConahey Special Assistant to the President for Governmental Affairs White House Washington, D.C. 20500 From: James B. Rossiter, Chairman Concerned Citizens Council, Inc. Nebraska Chapter, Interstate Congress on Equal PERALD FORD LIBRART Rights and Responsibilities. - P.O.B6-1308 Walthill, Nebraska 68067 In response to your Telegram of July 27, 1976, on the President's position on criminal and civil jurisdiction for Tribal Indians, we wish to make a few comments. First, the Indian people themselves have never trusted the Bureau of Indian Affairs, and federal government, unfortunately many non-Indian fee patent holders did. In this respect, "approval or disapproval of the Secretary of the Interior under a clear set of reasonable guidelines" means nothing but disaster to us. We have had and are now experiencing some of this "reasonalbleness" as are many other people from other parts of the nation. Second, why have the courts and congress determined that the Reservation Indians should be immune from all forms of tax- ation? The answer poses the biggest hypocrisy of all. The United States Supreme Court, the tax courts and the Commissioner of Indian Affairs have all stated that the Indian must be immune from these taxes because he is fiscally non-competent or in- competent to handle his own financial affairs. This is why the Bureau of Indian Affairs exists, and spent $3,461,893,000 in 1975, to oversee Tribal and individual affairs. Yet we are now told that these same Reservation Indians can govern the finances and taxes of Thurston and Knox counties. One has but to inquire about the many projects and programs and millions of dollars spent on the reservations, and then ask what are the results? Third, congressional and court actions has created a legal status the very essence of which violates the non-Indian population's civil rights and rights to equal protection and due process of law. Whenever responsibilities of citizenship, such as taxation, subjection to state courts and allegiance to state law are involved, the Reservation Indian is a member of an Atonomous Nation. However, when the rights of citizenship are at issue such as voting and holding public office and the right to federal, state, and county tax benefits, the Reservation Indian contends he is a full fledged citizen and resident of the nation, state and county. The inconsistency makes reason stare. more Either the Reservation Indian is a full fledged citizen of the United States and subject therefore to like punishments, pains, penalties, taxes, licenses and exactions of every kind suffered by all other races of people in this country, or, he is a member of a sovereign nation with a right to govern his nation and his people, but not to govern those persons in governmental sub- divisions to which he owes no allegiance and pays no taxes. As the President said "My Attorney General has established an Indian resources section whose sole responsibility is litiga- tion on behalf of Indian tribes to protect your natural resources and your jurisdictional rights". We would hope there might be someone that is, interested in protecting our inherit rights. Frankly, we are convinced that the report to be submitted by the Indian Policy Review Commission will be strictly biased. Members of our groups were flatly denied access to these hearings to-testify. We are quite concerned by the impact of the report on proposed legislation of criminal and civil jurisdiction, and are also concerned by proposed legislation that would interfer with the individual rights of the Indian. We would appreciate- a copy of the names and addresses of the individuals who testified at the Indian Policy Review Commission's hearings. If the Governors of the several states affected by S1328 or S2010 do not realize the total impact of this type of legis- lation, we would think it quite remote that they would be interested in this new proposal. We are pleased to learn from Ms Bobbie Kilburg that meetings with our groups are being discussed. We are sure we can be of help in determining which direction this social experiment might take. James B Rossiter very truly B. Rossiter Chairman JBR:br SENTS THE STATE OF MONTANA OFFICE OF THE ATTORNEY GENERAL STATE CAPITOL, HELENA 59601 ROBERT L. WOODAHL ATTORNEY GENERAL August 3, 1976 Dear Mr. McConahey: Thank you for your letter of July 28. The President has been erroneously reported in Montana regarding the tribal jurisdiction matter. I would suggest that a new press release be put out clarifying the President's position. Sincerely yours, number RLW:mo CC: Lloyd Ingraham Mr. Stephen G. McConahey Special Assistant to the President for Intergovernmental Affairs The White House Washington, D.C. 20000 the THE July 28, 1976 ar.Mr. Woodahl receive of-Senator President's speech formUnly's 1976 to the ident: Fondisup parts legislations too give-trib leaders. Itshas reporte À and SCET androivi EjurisdicHo over 201 evations. this issinacemyate Thes people F1 that would alteritos idlue withingreservation DI statementizoù orten Indian leadersion THE Ford indicated that heysupported the July do ject to.State civir and criminal jurisdiction ricertain Indian tribes (those which have eristata jurisdiction or return to Federal to by tribal resolution whether they wish Law 83 280 and relatedistatu THE resolution iss subject to the for approval of the Secretary of the Interior approv under of-reasonable guideLines ast to at tribe.by itself could initia ed to:consultwith.the request.,th jurfsdictional the Secretary Secretary of states of U.S. the the cinsreaching Interior Attorney Interior for would his a-rat de inited Governors 08:25 appropriate:States General under 280-and-related statutes. tostribe In States which have exercise Applicat Possible from Quality The Departments of Justice and Interior are drafting leg islationson this subject, and the Administration has asked the Governors of 31 states for their views on the draft legislation. IS is the President's intention to continue a wide these consultationsland to-expand them to include range OF interested groups Sincerely, Stephen G. McConahey Special Anatobant to the President for INtergovermmental, Affairs The Honorable Robert: Woodahl Attorney General for the State of Montana Stateicanital Helena, Montana 59601 Enclosure cc: Foster Chanock HI ARIZONA COMMISSION CREAT NO/I81 SF STATE OF INDIAN AFFAIRS 1912 1645 WESTJEFFERSON PHOENIX ARIZONA 85007 August 20, 1976 RECEIVED 6 1976 Mr. Mel Tonasket, President National Congress of American Indians CERALE FORD 1430 K Street, N.W. Suite 700 Washington, D.C. 20005 Dear Mr. Tonasket: Your letter of July 21st to Governor Raul H. Castro has been referred to our Commission for comment. We would like you to know that on behalf of Governor Castro, our office shares your deep concern with respect to Indian political and human rights which your organization feels is being threatened by a group calling itself "Interstate Congress on Civil Rights and Responsi- bilities." Unfortunately, except for the scant pieces of information received through news reports, our office is not aware of any illegal activities being carried out by ICCRR members in violation of Indian rights, Federal laws or treaties, or State statutes. Accordingly, although our administrative position does not condone lawlessness and constantly strives to protect the rights of each citizen in the State of Arizona, we do feel that it would be premature and inconsistent if we were to publicly comment upon the opinions expressed by a relatively few individuals of a newly-formed association. Our State of Arizona recognizes the aboriginal rights of Indian tribes and their unique position in their trusteeship relations with the Federal Government. We hope that as long as the Arizona tribes wish, such a relation- ship will continue to serve not only for the betterment of the Arizona Indian reservations, but also for the improvement of all communities within reach of each Indian reservation. Hopefully, towards this endeavor of cooperation, all will come to realize this need for respect for human rights and harmony among all peoples. Sincerely, CLINTON M. PATTEA Executive Secretary TM: CMP/pa cc: The Honorable Raul Castro Governor of Arizona THE WHITE HOUSE WASHINGTON August 23, 1976 MEMORANDUM FOR: BRAD PATTERSON Bobbi FROM: BOBBIE GREENE KILBERG Attached is some material in regard to the P.L. 280 problem which will be helpful to you. In July, I specifically committed the White House to organize a meeting with representatives of non-Indian people residing within reservation boundaries, particularly those individuals in checkerboard areas. I made this commitment to Lloyd Ingraham who lives on the Flathead Reservation in Montana. Mr. Ingraham represents "Montanans Opposing Discrimination" and also states he represents the "Interstate Congress for Rights and Responsibilities. " I also spoke with James Rossiter of Walthill, Nebraska, who is Chairman of Concerned Citizens Council, Inc. He also states that he repre- sents the Interstate Congress. In addition, Velma Shelton has received correspondence from Tom Tobin, an attorney for the Interstate Congress. In planning a meeting, I think it would be wise to include repre- GERALD FORD LIBRARY sentatives of the governors' offices of major western states affected, especially North Dakota, Montana, Wyoming, Colorado, South Dakota and Nebraska. Jim Mitchell supports a meeting with non-Indian repre- sentatives but opposes its being convened by the White House. He instructed Maury Thompson to get back to him with a plan for convening such a meeting by BIA or Interior. As we discussed at lunch, Maury said that it would generate hostility for BIA to call a meeting, and I concur. While I would prefer that the meeting be called by the White House, I have no objection to Secretary Kleppe personally calling the meeting in conjunction with the Attorney General or the Deputy Attorney General. What is important is that the non- Indian representatives feel that they have had an opportunity for their views to be heard by the Adminis- tration's policymakers. This is a legitimate request, and it has not been met to date. Mr. Ingraham and I decided on the afternoon of September 13 as a tentative date for the meeting. THOMAS S. FOLEY OFFICES: 5TH DISTRICT, WASHINGTON HOUSE OFFICE BUILDING WASHINGTON, D.C. 20515 AREA CODE 202, 225-2006 CHAIRMAN Congress of the United States 574 U.S. COURTHOUSE COMMITTEE ON AGRICULTURE SPOKANE, WASHINGTON 99201 AREA CODE 509, 456-4680 MEMBER house of Representatives 40 SOUTH COLVILLE COMMITTEE ON STANDARDS WALLA WALLA. WASHINGTON 99362 OF OFFICIAL CONDUCT Washington, D.C. 20515 AREA CODE 509, 529-6111 August 24, 1976 Dear Mel: Thank you for your recent memo and the attached information on your concerns about the formation of the Interstate Congress on Civil Rights and Responsibilities. I can assure you that I share your interest in guaranteeing that the legitimate constitutional rights of Indians not be violated or suffer from wrongful encroachment. I appreciated hearing of your concern in this specific matter and hope that you will keep me advised of the Congress' opinions of all specific legislation. With best personal regards. Sincerely, I'om Thomas S. Foley Member of Congress Mr. Mel Tonasket, President National Congress of American Indians 1430 K Street, N.W. Suite 700 Washington, D.C. 20005 TSF:sca GERAL in FORD and 2-The Sunday Missoulian, August 29, 1976 2 Glacier County Newspapers Clash on Indian Voting Rights By CHARLES S. JOHNSON pays taxes represents the kind of antediluvian thinking upon Missoulian State Bureau which the poll tax was predicated." CUT BANK Should an Indian who is not subject to The Browning editor, who is not an Indian, said he state taxes or courts be allowed to vote in state elections and didn't find it "threatening that a state with 5 per cent Indian run for office? population should have some Indian representation in the The Cut Bank weekly newspaper asked this provocative state legislature question earlier this summer. It quickly triggered a war of But the Cut Bank editor raised another question and words with the rival weekly in Browning on the Blackfeet suggested turning the tables: "Can a white man run for the Indian Reservation on the opposite end of Glacier County in Blackfeet Tribal Council?' northern Montana. Miles responded that Johnson apparenty did no appre- In many ways these two small newspapers are the clate "the difference between state government and a pri- voices for their communities and reveal the many differ- vate corporation. ences that separate them even though they are only 35 miles Johnson, a former executive secretary of the Montana apart. Republican party, said in an interview that he did not advo- cate preventing reservation Indians from voting or seeking The Cut Bank Pioneer Press, edited by J. Riley John- office. son, serves mainly the eastern, non-Indian portion of the All I did is raise an issue, period, and ask for a solu- county (although he recently hired a correspondent in tion," he said, emphasizing that he did not propose a specific Browning). In Browning, the Glacier Reporter, run by Larry solution. D. Miles, is aimed for the most part at Indians living on the Miles, a former college journalism professor, was unim- reservation. pressed by Johnson's later statement, but said he had no- Johnson raised the emotional issue in an editorial in thing to add to his original comments. June after the U.S. Supreme Court ruled that states do not Meanwhile, Kennerly, a quiet man who is the center of have the right to tax Indians living on reservations. He then the controversy, was puzzled but not upset. zeroed in on a specific example close to home - Leo M. "The only thing I don t pay is state income taxes," he Kennerly Jr a Blackfeet Indian from Browning and the said: Democratic nominee for the House of Representatives from Kennerly, the reservation's planning director who oust- Dist, 14 ed two-term Rep. Gail Stoltz Valier, in the primary elec- Can he serve in the legislature and pass judgment on tion, said he pays other state and federal taxes on his income state matters if he is not a citizen of that state? the editorial and the grocery store he owns in Browning asked. "That is, he is not a taxpayer or subject to that state's In a sense I don't pay (state) taxes, but there are a lot laws. of other people who don't either he said. Miles fired back through his Browning paper, blasting Earl Old Person, Blackfeet Tribal chairman, came to Johnson's editorial as "nonsense" and adding: "His thinking Kennerly's defense and said the candidate "has just as much that one should not be able to vote or run for office unless he right to run for state office as anyone else. GERILD FORD Blackfeet's neighbors resent Indians' special legal status By CHARLES S. JOHNSON Many white landowners and a few In- "The tribe is willing to get together, Gazette State Bureau dians reacted angrily and called a press but Glacier County isn't," said Leo M. conference in Helena to denounce the or- Kennerly Jr., the reservation's planning BROWNING - An undercurrent of dinance as an abridgement of their rights. director. "We've attended meetings in Cut tension, rising swiftly as Indians and Reagan objected because "we can't vote Bank with the county commissioners, but whites clash over jurisdictional issues, there or serve on juries." they've never returned the courtesy by threatens to destroy the tranquility of the The Bureau of Indian Affairs eventu- coming here." Blackfeet Indian Reservation. ally nullified the ordinance, but not be- A current hassle involves a state law The reservation, which forms the fore the battlelines had been formed. requiring teachers at schools near reserva- eastern border of Glacier National Park, The furor has subsided somewhat by tions to complete a mandatory Indian is the center of complex disputes over law now, but Earl Old Person, the flat-topped, studies course by 1979. The Cut Bank enforcement, taxation, fishing rights and soft-spoken Blackfeet tribal chairman, teachers oppose it, to the dismay of some other explosive issues. still wonders what the objections were. Indians. These questions are by no means. "If they can try us by their laws, why "It's just a one-course thing that ori- unique. to the Blackfeet but confront Indi- can't they be tried by our laws?" he asked ents you about Indians and reservations as he leaned back in his easy chair be- and how to react," Kennerly said. "If I neath a portrait of John F. Kennedy. In Cut Bank, some, believe the matter is far from over and rumors persist that the ordinance will be adopted again. Most agree that something must be done to simplify the complicated law en- forcement jurisdictional problems. Gla- cier County Sheriff Jean Gertzen said it is "a nightmare to know what to do and where to Law enforcement has become a sometimes touchy subject in Browning and Cut Bank since 22-year-old Clayton Hirst, an Indian, was found dead, hanging in the Glacier County Jail in March 1975. His death was officially ruled a sui- cide, but lawyers for his family, citing a later autopsy done for them by the San Francisco medical examiner's office, charge that Hirst was electrocuted and au- thorities tried to cover it up with a simu- lated hanging. The family retained Roy and San PHILIP E. ROY Francisco trial lawyer Melvin Belli who JEAN GERTZEN filed a $35 million damage suit in federal outspoken lawyer law enforcement chaos court against a number of state and local ans and whites near reservations across officials. No trial date has been set. was a teacher going into a black neighbor- the country. Most of those involved in the suit on hood. I would want to learn a few things The complication side declired unique status of Indian reservations be- Gertzen, Montana's only female sheriff What, then, is the solution to "all cause of federal treaties and laws. As a re- and one of a handful nationally, wasn't re- these various disputes? sult, reservations deal nearly exclusively luctant to speak. As one might expect, no one much with the federal government and are all "The whole thing is just a fabrication agrees except that it's really out of the but autonomous from state and local gov- any way you look at it," she said. "It's too state's hands. Gov. Thomas L. Judge ap érnments, even though they receive some bad it had to happen, but it was just one pointed a state task force last year to services from them. of those situations." study the jurisdictional problems, but it As Barney Reagan, an outspoken She called the lawsuit "a pain in the gave up after tribes at three of the state's white lawyer from nearby Cut Bank, said: neck financially and emotionally" and seven reservations, including the Black- "There is a serious question whether Indi- said: "Even if we're cleared, people will feet, withdrew their support. ans living on reservations are citizens of say for years, 'I wonder, I wonder. Old Person said the Blackfeet pulled the state of Montana." But there are other less dramatic ju- out because the whites "put pressure on Philip E. Roy, an equally brash Indi- the governor" over Ordinance 50. "If an lawyer from Browning, doesn't see any these people who started up all this fuss question whatsoever. "Indians are not cit- had given the task force a chance to get izens of Montana," he said matter-of-fact- on its way, it could have worked," he ly. said. Their opinions are typical of the gulf Others are looking elsewhere for sol- that separates Cut Bank and Browning, utions. the two major towns in Glacier County. "Until the Congress of the United Although Indians and whites in both States does anything, we're not going to towns profess to get along well with each solve lawyer Reagan said. other individually, bitterness and animosi- Sheriff Gertzen said the only solution ty seem to be mounting. is to abolish reservations. Most knowledgeable observers agree A prominent Cut Bank resident, who that the jurisdictional disputes are poten- declined to be identified, said Congress tially the most volatile around the Black- should provide that state law applies on feet Reservation, followed closely by the reservations, while maintaining the feder- Crow Reservation in southeastern Mon- al protection the Indians now have. tana. Old Person said individuals in the Cut Bank, which bills itself as the na- two towns might be able to work out tion's icebox because of winter tempera- some of their differences if it weren't for tures that regularly plunge to the minus the interference of some county officials. 30s, is the county seat, a ferming and oil Johnson said the question must be town. Most of its 4,004 residents are resolved soon by Congress or courts. white, and some frankly resent the federal "If they want to set up the reserva- EARL OLD PERSON money that goes to the reservation. tion as a separate area, fine," he said. "If' Blackfeet tribal leader Browning (population 1,700) is the they want to integrate it, fine, but let's heart of the Blackfeet Reservation, which quit fooling around." an Indian brochure calls "a million-and-a- risdictional disputes around the reserva- Some whites privately blame Roy for half acre Eden." But about the only sign tion. inciting the Blackfeet, and his blunt views of paradise in poverty-stricken Browning Some Cut Bank residents resent hav- undoubtedly offend some. is the breathtaking view of the shiny ing the county pay for the cost of provid- "The cry is raised by non-Indians mountains in Glacier Park. ing services to the reservation when Indi- that Congress must intervene and quit After months of simmering, the juris- ans are exempt from some state taxes. pampering the Indian," Roy said. "To dictional problems finally bubbled over The result, they say, is higher taxes for that I would say poppycock. The law is last fall when the Blackfeet Tribal Council the whites. settled in 95 per cent of the cases." passed Ordinance 50 asserting complete J. Riley Johnson, editor of the Cut The solution is not to "force state ju- tribal authority over both Indians and Bank Pioneer Press, said the burden of risdiction on the Indians" as some advo- whites for all civil and criminal offenses paying for reservation services should be cate but to settle the remaining issues in committed on the reservation. spread nationwide. "Why should little federal courts, where Indians have fared Previously, jurisdiction was divided Glacier County foot all the bill for the well, he said. among tribal, state and federal law en- Blackfeet Reservation?" he asked. "The reemergence and resurgance of forcement agencies and court systems, de- Old Person and other Blackfeet lead- tribal authority is a reality that people pending on the crimes and persons in- ers blame Glacier County officials for ref- who surround reservations have got to using to oonerate recognize the lawver said THE WHITE HOUSE WASHINGTON August 30 Dennis - I just had a phone talk with Mr. Lloyd Ingraham of Ronan, Montana. He is agreeable to 10:00 AM on the 9th for the meeting. He would appreciate it if you would send him a letter over Kent's signature confirming the meeting. He said their agenda is broader than just jurisdiction, but also includes taxing powers, water rights, fishing rights. A copy of the letter should go to Mr. Tom Tobin, whose address is Winner, South Dakota (phone 605-842-2500 for the rest of it). Pls. send me a copy of it, too. I said that a twp-hour meeting would be OK (but did not guarantee that Kent would be there for all of it.) I told him Peter Taft would be there from Justice. Ingraham wanted somebody from OMB invited and aid we could invite the proper prople (Porgstrom). You may want to have Thompson and Reid Chambers represented, plus some Civil Rights people from Justice. Ingraham said about 25 people would be coming. He mentioned some hames: Jack Freeman, Ed Bader (S.D.) Michael Platt (St. John's, Ariz), Mr. Hellinger (Roosevelt County, Utah), Mr. Howard RALD GERALD FORD Gray (Seattle/Tacoma), Mr. Rock well, from Montana, Messrs. Bobby Reagan and Fred Johnson from Cutbank, Montana, Al Crook from Wind River, Wyoming. Ingraham's address is Drawer Z, Ronan, Montana 59864 and his phone is 106-676-0600. Grad THE WHITE HOUSE WASHINGTON James Rossiter Concerned Citizens Council, Inc. P.O. Box 308 Walthill, Nebraska 68067 Tel: 402-846-5425 Lloyd Ingraham Drawer Z Ronan, Montana 59864 Tel: 406-676-0600 Rich Bechtel (Office of the Governor of Montana located in Arlington, Va.) Tel: 524-2211 (He made contact with Bobbie on behalf of the Governor) GERALO f.. FORD THE WHITE HOUSE WASHINGTON bloyd Irgrabam Form Tabus Jack Freemore Ed Bader S.D. Not Fam Barea Michael Platt ST.Jobns aug. Mr Hellinger Prosserelt Utah County Howard Guy Seattle Hacome Rockmell - Wout THE WHITE HOUSE WASHINGTON Babby Reagon ] Cutbons Fred Johnson Wontana al Crook -Wind Runs Interstate Congres for ER r Rup c/o Tour Tobin Winner, S.D. 605-842-2560 Weter Tawn Fishung name- - SE. THE WHITE HOUSE WASHINGTON Flathead ligarettes tare sales of Cs by Indians P. States could non Indians but to not on seles Indian THE WHITE HOUSE WASHINGTON August 30, 1976 NOTE FOR: Secretary Kleppe Under Secretary Frizzell' Solicitor Austin Commissioner Thompson Because of the mistaken news report about our position on PL 280, the President has received a number of letters from non-Indians who reside within the boundaries of Indian reservations. We are sending the enclosed response to these inquiries; it is the duplicate of a tele- gram sent on July 27 to all the Governors by Steve McConahey of the Domestic Council. As Mr. Frizzell is aware, there will be a session on September 9 at 10 AM at Interior to give some of these non-Indian spokesmen a hearing. Peter Taft of Justide has told me this AM that he will join Kent for this session. cc: Peter Taft Brad Patterson Steve McConahey Mrs. Kilberg Bill Baroody THE WHITE HOUSE wASHINGTON August 30, 1976 Dear Senator Hibbs: Thank you for your letter to' the President expressing concern about his jurisdictional statement to American Indian leaders on July 16. It has been erroneously reported that President Ford supports legislation to give tribal governments criminal and civil jurisdiction over all people living on Indian reservations. This is inaccurate. The President does not support legislation to alter the present legal status of non-Indians residing within reservation boundaries. In his statement to Indian leaders on July 16, President Ford indicated that he supported the concept of allowing certain Indian tribes (those which have been subject to State civil and criminal jurisdiction under provisions of Public Law 83-280 and related statutes) to decide by tribal resolution whether they wish to continue under State jurisdiction or return to Federal jurisdictional status. This resolution is subject to the approval or disapproval of the Secretary of the Interior under a clear set of reasonable guidelines. FORD Under this concept, a tribe by itself could initiate request to the Secretary of the Interior for a return to Federal jurisdictional status. In reaching his decision on this request, the Secretary of the Interior would be required to consult with the U.S. Attorney General and with the governors of the appropriate States. Application would be limited to tribes in States which have exercised jurisdiction under P.L. 83-280 and related statutes. The Departments of Justice and Interior are drafting legislation on this subject, and the Administration has asked the governors of 31 States for their views on the draft legislation. It is the President's 2 intention to continue consultations on the draft and to expand those consultations to include a wide range of interested groups, including representatives of non-Indians residing within reservation boundaries. Sincerely, H. Bradley H. Patterson, Jr. The Honorable Rex Hibbs Senator of the State of Montana Helena, Montana 59601 CC. Patterson Rilberg STATE OF CONNECTICUT EXECUTIVE CHAMBERS HARTFORD QUIF SUSTINET TRANSTULIT ELLA GRASSO GOVERNOR August 10, 1976 Mr. Stephen G. McConahey Special Assistant to the President for Intergovernmental Affairs The White House Washington, D.C. Dear Mr. McConahey: Thank you so much for your telegram advising us of the President's position concerning proposed legislation to alter the present legal status of non-Indians residing within reservation boundaries. I have forwarded this information to Commissioner Joseph N. Gill of the Connecticut Department of Environ- mental Protection for his information. With best wishes, Cordially, ELLA Teea GRASSO Governor GERALD R. LIBRARY FORD AUG 18 1976 Mr. Flaer H. Winter President White Earth Equal Rights Committee Mahnowen, Minnesots $6557 Dear Mr. Winter: This is in further response to your July 20 letter to President Ford (which was acknowledged by our Solicitor's office on August 3) concern- ing the President's July 16, 1976 statement of support for legislation concerning civil and criminal jurisdiction on Indian reservations. We understand that a press service account of the statement was not pre- cisely accurate and has led to some misunderstanding of his position. A copy of the President's complete July 16 statement is enclosed for your information. On page 2, he states that - ---- My Administration is supporting the concept of allowing Indian tribes to determine whether they and their members, in addition to being under tribal jurisdiction, should be under State or Federal civil and criminal jurisdiction. I have directed the Departments of Justice and Interior to draft legislation which would accomplish this geal effi- ciently, effectively and within adequate guidelines. GERALE FUND As the foregoing indicates, the President has directed that legislation be drafted, for his consideration and approval or revision prior to submission to the Congress, to allow those Indian tribes which have been subject to State civil and criminal jurisdiction as authorized by Public Law 83-280 (i.e., the Act of August 15, 1953 which is codified at 18 U.S.C. 1162 and 28 U.S.C. 1360) to elect to return to Federal jurisdic- tional status or to do nothing and remain under their current State jurisdictional status. The Administration's draft bill would only apply to those tribes over which States have exercised jurisdiction under P.L. 83-280 (or certain other statutes not applicable to your State). Special note should be made of the fact that the draft Administration bill would not alter the legal status of non-Indians residing within reservation boundaries, including their property rights, but leaves the 2 matter to the courts. The Administration is aware that this issue is extremely complex and that a number of cases are currently in litigation dealing with different aspects of tribal jurisdiction over non-Indians. It should be noted that from 1953 to 1968, States acquired, or were authorized to acquire, jurisdiction over Indian country (see the defi- nition in 18 U.S.C. 1151) within their boundaries without any requirement for consent by the tribes involved. When President Eisenhower signed P.L. 83-280 into law in 1953, he noted the lack of a provision requiring consent of the Indians involved and urged the Congress to amend the law to require such consent as a prerequisite to assumption of jurisdiction by a State. In 1968, legislation was enacted providing that any further acquisitions of such jurisdiction by States would only be applicable if accepted by a majority vote of the adult Indians within the affected area (25 U.S.C. 1326). The draft bill described in President Ford's July 16 statement would give those tribes over which States acquired jurisdiction under P.L. 83-280 while consent of the affected Indians was not required, an opportunity to, in effect, consent to continued State jurisdiction by inaction or to elect a return to their pre P.L. 83-280 jurisdictional status. The above mentioned 1968 legislation also included the so-called Indian Civil Rights Act" (25 U.S.C. 1302) which placed restrictions on the powers of Indian tribal governments comparable to those placed on the Federal and State governments by the Bill of Rights and the Fourteenth Amendment to the U.S. Constitution and those restrictions extend to tribal government activities involving non-Indians as well as Indians. Under the Administration's draft legislation, a tribe could independently make a request to the Secretary of the Interior for retrocession of FORD jurisdiction. Such a request would be subject to adequate standards established by the Secretary. In the process of considering the request, the Secretary would be required to consult with the Governor of the & LIBRARY affected State and the U.S. Attorney General. The draft legislation would set out comprehensive standards required for a return to pre F.L. 83-280 jurisdiction. In reviewing a tribe's request for such a return, the Secretary would be required to consider: whether the tribe's plan contains an adequate law and order code; whether the tribe's plan contains adequate means for the resolution of civil disputes; whether the tribe lacks the capacity to implement the plan: whether the resident tribal membership is so small or scattered as to make the preposed return of jurisdiction clearly impracticable; and, in cases where the tribe has not proposed a full rescquisition of jurisdiction, whether the proposed allocation of jurisdiction among the tribe, the United States, and the State is clearly impracticable. If the Secretary disapproves a tribe's plan, he could assist the tribe in preparing are acceptable plan if one is practicable. 3 On May 3, 1976, the Administration, through the National Governors' Conference, communicated with 35 Governors in order to elicit their views and comments on the draft legislation. Substantial efforts were made subsequent to that time to solicit their responses in order to have the views of all the affected citizens. We hope that this response has been helpful in explaining what the Administration draft legislation would do and what it would not do. The President appreciates your concerns in this matter and will give then serious consideration when arriving at a formal Administration position. Sincerely yours, (Sgd) Ralph Reeson Ralph R. Reeser Director, Congressional and Legislative Affairs Staff Enclosure THE WHITE HOUSE WASHINGTON August 23, 1976 TO: BRAD PATTERSON FROM: STEVE McCONAHEY For your information Comments: Per our conversation of this evening. Attached is the letter we received from Governor Evans of Washington. OF THE WASHINGTON 30 WASHINGTON 52AL THE 1889 STATE OF WASHINGTON OFFICE OF THE GOVERNOR OLYMPIA DANIEL J. EVANS GOVERNOR com August 13, 1976 Mr. Steven G. McConahey Special Assistant to the President for Intergovernmental Affairs The White House Washington, DC 20050 Dear Steve: Thank you for your recent telegram clarifying the President's position in regard to legislation giving tribal governments criminal and civil jurisdiction. Enclosed, for your information, is a copy of my letter to Mr. John Kyle, Assistant Secretary for Congressional and Legal Affairs, Depart- ment of the Interior, in regard to Senate Bill 2010 to which you make reference. This letter states the position of the State of Washington in regard to that bill and the administration's substitute which was forwarded to us. I very much appreciate the President's interest in attempting to resolve some of the very difficult problems that we have experienced in this area, and I am hopeful that Congress will clarify more fully than it has to date the jurisdictional authorities of the Indian tribes vis-a-vis the states. As you know, this is a subject over which Congress exercises plenary jurisdiction, and which has been very difficult for the states to deal with due to the ambiguities and lack of direction that has prevailed thus far. Sincerely, San Daniel J. Evans Governor TALO FORU VIGRAG DJE:jc THE INTERIOR United States Department of the Interior S. BUREAU OF INDIAN AFFAIRS WASHINGTON, D.C. 20245 March 3, 1849 IN REPLY REFER TO: IS Note to Brad Patterson: Re: your August 30 note to Commissioner Thompson, et al, enclosing a copy of your response to inquiries resulting from the mistaken news report about the President's statement on retrocession of P.L. 280 jurisdiction. A number of letters to the President on this matter have been referred to Interior and BIA. We have been sending responses such as that enclosed. Any future responses will include mention of the July 27 telegram to the 31 Governors. Raph R Reem Ralph R. Reeser Director, Congressional and Legislative Affairs Staff AMERICAN REVOLUTION WEENTENNIAL 1776-1976 1 [9/9/76] Alder H. Custeas Pender, )bbraske Jamaid Gay Signate weith John Forge Jr. Independence Mo. Bla - walthill, not f.w Rockwell St. Ignative Montana Litulon Underton Rossevelt utah Earl Metter - Washington, D.C. L.L.Ingraham. Konan, Mont. won 7.By Sing Eas I Ylacies Park mont Edward Bader - Timber Lake, 50.Dah. John C. Cochrane - Big.Hrm, mont. Philip N Hogen- Kadoka, SD 57543 Mitchel Platt - St. Johns, Ar.2: 85936 Chris Fanand - D.O.I. Reg. ASST Secy-dand & Water Jack Free man president ISC for TR+ R Mules E. Flint u.s. Dipt. of Justice Dennis Ickes Deputy Under Secretary Dept. of the Inter Sue Kemnitger INTerioR Branch Efficest Management Budger MRS John C.Cochrone, Houszwife, Big ARM Mont. on Flathead Indian ReseRvation Im Schermecharn us Dept I Justice. George Crossland - BIA W.e Brady Executive Secretariat, Deproflation DOI C. nace Hell One will Jobia Jan And person Montana Mari we Rockwell Montena BENALO FORD a Rulon Onderton Onchesne Co Comm. William Knowelt utah William 7, Bighty Rx Sr, pub mont 6. Carn 944 UNIVERSITY THE STATE & AUSTIN THE UNIVERSITY OF TEXAS AT AUSTIN SCHOOL OF LAW 2500 Red River AUSTIN, TEXAS 78705 September 24, 1974 Mr. Bradley Patterson The White House Washington, D. C. Dear Brad: I have thought about the problem you put to me on the telephone on Friday and have discussed it with several of my colleagues who teach constitutional law. My view, and that of those with whom I have talked, is that it would not be constitutional to give broad governmental powers to an Indian tribal council when non-Indians who own land within the borders of the reservation have no voice in the selection of those who are to govern them. The case that seems to me most compelling for this conclusion is Kramer V. Union Free School District, 395 U.S. 621 (1969). The Court there said that statutes distributing the franchise constitute the foundation of our representative society. Any unjustified discrimination in determining who may participate in political affairs or in the selection of public officials undermines the legitimacy of repre- sentative government. In that case the Court held unconstitutional a New York statute that limited voting in school board elections to those who own or lease taxable property in the district or have a child enrolled in the local schools. Although we think that this is the result that ought to be reached, none of us want to assert categorically that it is the result that the Court would reach in your situation. The recent case of Morton V. Mancari, 94 S.Ct. 2474 (1974), shows very dramatically that constitutional principles often take on a very different meaning when Indians are involved. None of us are expert in Indian law or in the historical events that have led up to the situation you describe and thus we do not want to say flatly that the Court would strike down legislation giving tribal councils this power. It was good to talk with you and I hope that this qualified answer is of some help to you. Sincerely, Charlie Charles Alan Wright DEPARTMENT THE UNIVERSITY OF TEXAS AT AUSTIN SCHOOL OF LAW 2500 Red River AUSTIN, TEXAS 78705 September 24, 1974 Mr. Bradley Patterson The White House Washington, D. C. Dear Brad: I have thought about the problem you put to me on the telephone on Friday and have discussed it with several of my colleagues who teach constitutional law. My view, and that of those with whom I have talked, is that it would not be constitutional to give broad governmental powers to an Indian tribal council when non-Indians who own land within the borders of the reservation have no voice in the selection of thosewho are to govern them. The case that seems to me most compelling for this conclusion is Kramer V. Union Free School District, 395 U.S. 621 (1969). The Court there said that statutes distributing the franchise constitute the foundation of our representative society. Any unjustified discrimination in determining who may participate in political affairs or in the selection of public officials undermines the legitimacy of repre- sentative government. In that case the Court held unconstitutional a New York statute that limited voting in school board elections to those who own or lease taxable property in the district or have a child enrolled in the local schools. Although we think that this is the result that ought to be reached, none of us want to assert categorically that it is the result that the Court would reach in your situation. The recent case of Morton V. Mancari, 94 S.Ct. 2474 (1974), shows very dramatically that constitutional principles often take on a very different meaning when Indians are involved. None of us are expert in Indian law or in the historical events that have led up to the situation you describe and thus we do not want to say flatly that the Court would strike down legislation giving tribal councils this power. It was good to talk with you and I hope that this qualified answer is of some help to you. Sincerely, FORD Charlie Charles Alan Wright LAW OFFICES R. F. HIBBS HIBBS, SWEENEY & COLBERG POST OFFICE BOX 1321 HUGH SWEENEY TELEPHONE 252-4101 SUITE 301 MUTUAL BENEFIT LIFE BUILDING MAURICE R. COLBERG. JR. AREA CODE 406 WILLIAM N. JENSEN 2720 THIRD AVENUE NORTH WILLIAM T. WAGNER BILLINGS, MONTANA 59103 HORTON B. KOESSLER October 7, 1976 Mr. Bradley H. Patterson, Jr. The White House Washington, D.C. Re: Indian Sovereignty Dear Mr. Patterson: Thank you for your letter dated August 30, in which you corrected the belief created by the press, namely, that President Ford has recommended legislation giving Indians complete sovereignty over those on the reservations. Those living on and doing business on some reservations are reaching a sorry plight. Such publicity adds fuel. To the casual observer and, particularly, the political observer from the industrial areas, this situation seems trivial. Many non-Indians recall only that we took from the Indian his property and his way of life--sometimes in a heartless, rough- shod manner. Such an observer reasons that if we hand the Indian back some money and some autonomy, it may even the score. There's not much of the Indian's aboriginal way of life we could give back now if we tried. Through the years, the Indians generally had come a long way from their barbaric ways. There are many who have established homes, businesses and credit. I recall that one near here, displayed his leadership to Indians and non-Indians alike and made a creditable race for Congress. It is well to say, "but those improvements are in the way of the white man--the Indians have a right to stay Indian and to still improve." That cannot be. There isn't room in the same town, state or country for two non-coordinated cultures or governments to exist. The Indian who has developed our patterns is as fearful of the attempts for power by those of this race as are the non-Indians. There are those of both races who have learned to live at peace and to attain some prosperity on reservations. They know that it isn't the present day Indian--nor the present day white who fought the battles or engaged in the trickery that hurt one side or the other. We can't be expected to repay one another for what our grandparents did. Mr. Bradley H. Patterson, Jr. -2- October 7, 1976 The publicity, such as I mentioned, only stirs the greed and power lust of the least responsible Indians. They look with envy at anyone with the right to control them. They are no different from other opportunists except that the unwitting do-gooders among us seem to give them an excuse--a backdrop against which to perform. There is corollary--another sad development. Many non-Indians, seeing the growing threats of some Indians toward irresponsible self-assertion, are forming heated anti-Indian cliques. It all leads to distrust and antagonism on each side. We need to help the Indian--he needs to learn to help himself. The only way we can help him is within the society which we know. There can't be any other. So far as we can determine, Montana has not exercised jurisdiction under P.L. 83-280. Prenth Yours very truly REX HIBBS RFH/mdh August 30, 1976 Dear Senator Hibbs: Thank you for your letter to the President expressing concern about his jurisdictional statement to American Indian leaders on July 16. It has been erroneously reported that President Ford supports legislation to give tribal governments criminal and civil jurisdiction over all people living on Indian reservations. This is inaccurate. The President does not support legislation to alter the present legal status of non-Indians residing within reservation boundaries. In his statement to Indian leaders on July 16, President Ford indicated that he supported the concept of allowing certain Indian tribes (those which have been subject to State civil and criminal jurisdiction under provisions of Public Law 83-280 and related statutes) to decide by tribal resolution whether they wish to continue under State jurisdiction or return to Federal jurisdictional status. This resolution is subject to the approval or disapproval of the Secretary of the Interior under a clear set of reasonable guidelines. Under this concept, a tribe by itself could initiate a request to the Secretary of the Interior for a return to Federal jurisdictional status. In reaching his decision on this request, the Secretary of the Interior would be required to consult with the U.S. Attorney General and with the governors of the appropriate States. Application would be limited to tribes in States which have exercised jurisdiction under P.L. 83-280 and related statutes. The Departments of Justice and Interior are drafting legislation on this subject, and the Administration has asked the governors of 31 States for their views on the draft legislation. It is the President's 2 intention to continue consultations on the draft and to expand those consultations to include a wide range of interested groups, including representatives of non-Indians residing within reservation boundaries. Sincerely, Bradley H. Patterson, Jr. The Honorable Rex Hibbs Senator of the State of Montana Helena, Montana 59601 BHP:lrc BHP-2 GLRALD R. FORD THE WHITE HOUSE WASHINGTON August 30, 1976 NOTE FOR: Secretary Kleppe Under Secretary Frizzell Solicitor Austin Commissioner Thompson Because of the mistaken news report about our position on PL 280, the President has received a number of letters from non-Indians who reside within the boundaries of Indian reservations. We are sending the enclosed response to these inquiries; it is the duplicate of a tele- gram sent on July 27 to all the Governors by Steve McConahey of the Domestic Council. As Mr. Frizzell is aware, there will R.FOR be a session on September 9 at 10 AM at Interior CERALD to give some of these non-Indian spokesmen a hearing. Peter Taft of Justice has told me this AM that he will join Kent for this session. cc: Peter Taft Brad Patterson Steve McConahey Mrs. Kilberg Bill Baroody OF THE SEAL STATE The Big Tky Country GREAT MONTANA STATE SENATE DP THE HELENA, MONTANA 59601 SENATOR REX F. HIBBS July 19, 1976 DISTRICT NO. 9, YELLOWSTONE COUNTY BILLINGS. MONTANA 59102 COMMITTEES: JUDICIARY NATURAL RESOURCES STOCKGROWING AND GRAZING The Honorable Gerald L. Ford President of the United States Washington, D.C. CERALD Dear Mr. President: The annexed article quotes you as proposing a new law giving tribal governments criminal and civil jurisdiction over people living on Indian reservations. There is a growing movement to create nests of sovereignties, irresponsibly governed, but independent within these United States. That movement seems to have reached to you. The urge to bring this about stems from a combination of the militant Indians and misguided liberal whites who don't have to live with the havoc they are causing. Those tribal members who have made efforts to acquire property and to live in harmony with their own people and with the non-Indians, are as afraid of this movement as the whites are. There are many second and third generation non-Indians who have their lives and their fortunes invested on Indian reservations. There are the substantial Indians whose roots are still deeper. I am somewhat familiar with the Law and Order Code tentatively adopted by the Crow Tribe in Montana. By way of example it proposes punishment for murder as a fine of $500.00 or six months imprisonment. Perhaps the laws affecting Indians need improvement. These new proposals however making of them a nation within a nation can lead to no good for the Indian whose heart is right. It can only give power to a dissident group and it will drive from the reservations thousands of good people who have settled there--doing business with the Indian people in the belief that the laws of the United States and of the state protected them. Although I am no longer a member of the Montana State Legislature, I am somewhat familiar with political processes and with the need to develop color in election years. The The Honorable Gerald L. Ford -2- July 19, 1976 enclosed proposal seems to me a poor way to do it. Most of the ranchers and others doing business on Indian reservations might have been counted on to help the Republican nominee. Of late years, the Indian vote tends to the radical side. Such a proposal, in my opinion, will lose votes and it won't buy back the liberal ones, if that is what was intended. Sincerely, RFH/mdh Enclosure P.S. - Once I was a delegate to a Republican National Convention. Ford vows more clout for tribes WASHINGTON (AP) - President Ford told Indian leaders Friday he soon will seek a new law that could give tribal governments criminal and civil jurisdiction over people living on Indian reservations. Addressing about 200 Ameri- can Indian leaders in the East Room, Ford said the legislation now being drafted would let the tribes determine whether they wanted to share jurisdiction with state or federal authorities or handle such matters them- selves "effectively and within adequate guidelines." Some Indian leaders said in advance of the session that they suspected the President might be trying to use them for politi- cal purposes, particularly since the White House had invited them to wear traditional native costumes to the affair. Few of the Indians wore na- tive garb, however, and Ford's speech seemed well received as he declared that in this Bicen- tennial year "together we can write a new chapter" in the of- ten-troubled relations between Indians and the federal govern- ment. Senate of the State of Montana BILL INGS. 1976 JUL PM 19 NX 161 BILLIN ;S HiGh Unite States 13c Helena BELLAMY AWARD SCHOOL SENATOR REX F. HIBBS DISTRICT NO. 9, YELLOWSTONE COUNTY BILLINGS, MONTANA 59102 1 The Honorable Gerald L. Ford President of the United States Washington, D.C. M.O.D. Montanans Opposing Discrimination P. 0. Box 673, Polson, Montana 59860 Affiliated With INTERSTATE CONGRESS FOR EQUAL RIGHTS AND RESPONSIBILITIES October 12, 1976 Bradley H. Patterson, Jr. The White House Washington, D. C. 20013 Dear Mr. Patterson: Thank you for your letter of October 5, and thank you also for your invitation to submit in writing some legislative and/or administrative recommendations. We are now working on this and Mr. Tobin feels that we will have something completed by the first part of January 1977. Sincerely, F.W. Rockwell F. Wayne Rockwell President Montanans Opposing Discrimination is dedicated to the end that no federal, state or local government shall make any distinction in civil or political rights on account of race, color or national oirgin October 5, 1976 Dear Mr. Rockwell: Thank you for sending me the copy of Mrs. Randall's letter. I am very sorry to see any tension or 111- will between Indian and non-Indian. I learned a lot from our meeting in September and was glad to have your views presented first-hand. We would repeat our invitation to you and to Tom Tobin to supplement our meeting by setting forth pour position in writing and by putting down in writing some of the legislative and/or administrative recommendations which you and your associates would suggest. Sincerely yours, Bradley E. Patterson, Jr. Mr. F. Wayne Rockwell President Montanans Opposing Discrimination Post Office Box 673 Polson, Montana 59860 FORD & LIBRA RAID bcc: Mr. Ickes Mr. Taft Mrs. Kilberg BHP:pft M.O.D. Montanans Opposing Discrimination P. 0. Box 673, Polson, Montana 59860 Affiliated With INTERSTATE CONGRESS FOR EQUAL RIGHTS AND RESPONSIBILITIES Winner, South Dakota October 1, 1976 Bradley Patterson The White House Washington, D. C. Dear Mr. Patterson: I am sending you a copy of a letter received from a Mrs. Bruce Randall, 525 Custer, Wolf Point, Montana 59201. This letter is representative of others we have received. She states that she attended "our" meeting. Actually, it was the Wolf Point meeting. We had been requested to come over and help them organize under M. O. D. After reading this letter I believe that you will share our concern over the situations on and near reserva- tions all over the western states. I would be very interested in your comments. Sincerely, J.W.Packully F. Wayne Rockwell President Enclosure CC: Peter Taft Bobbie Kilberg Blair Richindifer Kim Fast Montanans Opposing Discrimination is dedicated to the end that no federal, state or local government shall make any distinction in civil or political rights on account of race, color or national oirgin voivin, Sept. 26, 1976 MOD 302 Main P.O. Box 673 Polson, mt. 59860 Dear Sirs - after attending your meeting in walf Pornt, Iwas how, fied Indians to sce the militant, dissident who were in imported to disrupt the meeting, and hamstring your proceedings. I understand that events in our Town. Since, have taken on a dangerous Turn. There was a shoot out of 3 young indians from Frazer and a raping at a local Saundromat. The attitude of the lvibes is more belligerant, and deliberately hostile toall of us. I have lived have for 42 years, and have seen this Reservation grow froma small group of indians, to a grossly ever-grown minorily group who are determined to drive us off I talked To several farmers & rancher 5 who live South of the viver, and the stories of robbery, assault, poaching of game, etc. alt is being ignored because they say nothing can be FORD & GERALD LIBRARY done about it. How shameful 1! 2hey are off the reservation in unlicensed vehicles, predators on other peoples property, and nothing can be done? The people who came to your meeting were afraid of re prisals, if they pok- out against the Indian, an other sad state of affairs, I could have gotten up and told my story, too but for fear of my life and home I did not. another thing I cannot understand, the building of the Indian Community College in Poplar - Montana has several colleges and Universitys, the programs and Instructors all for the Indian, over the white person, Iobject To any more programs or aid of any Kind being given To Them. Mrs. Bruce Randall 525 Custer welf Point, Mt. 59201 TATES POSTA ® MAILGRAM SERVICE CENTER MIDDLETOWN, VA. 22645 western union Mailgram ® UNITED SERVICE U.S.MAIL * 2-050004E345 12/10/76 ICS IPMBNGZ CSP WSHB 5058420962 MGM TDBN ALBUQUERQUE NM 105 12-10 0556P EST BRAD PATTERSON, SPECIAL ASSISTANT TO THE PRESIDENT OFFICE OF THE PRESIDENT WASHINGTON DC 20500 DEAR SIR, WE ARE DEEPLY DISTURBED THAT THE OFFICE OF MANAGEMENT AND BUDGET IS ATTEMPTING TO SET INDIAN POLICY BY INSERTING LANGUAGE IN THE APPROPRIATIONS BILL DIRECTLY IN CONFLICT WITH ESTABLISHED LAW, PARTICULARLY RECENT FEDERAL COURT DECISIONS UPHOLDING THE RIGHT OF INDIAN TRIBES TO EXERCISE JURISDICTION OVER ALL PERSONS ON THE RESERVATION, MEMBERS AND NON-MEMBERS. WE URGE YOU TO TAKE IMMEDIATE ACTION TO DELETE ALL AND ANY SUCH RESTRICTIVE PROVISIONS FROM YOUR BUDGET REQUEST TO THE CONGRESS. SINCERELY LADONNA HARRIS, PRESIDENT AMERICANS FOR INDIAN OPPORTUNITY GENE CRAWFORD, EXECUTIVE SECRETARY NATIONAL LUTHERAN INDIAN COUNCIL 17:56 EST MGMCOMP MGM GERALD R. FORD LIBRARY STATES POSTA R MAILGRAM SERVICE CENTER ® MIDDLETOWN, VA. 22645 western union Mailgram UNITED SERVICE U.S.MAIL * 2-049821E345 12/10/76 ICS IPMBNGZ CSP WSHB 5058420962 MGM TDBN ALBUQUERQUE NM 105 12-10 0554P EST BP THE HONORABLE GERALD FORD, PRESIDENT OF UNITED STATES WASHINGTON DC 20500 DEAR SIR, WE ARE DEEPLY DISTURBED THAT THE OFFICE OF MANAGEMENT AND BUDGET IS ATTEMPTING TO SET INDIAN POLICY BY INSERTING LANGUAGE IN THE APPROPRIATIONS BILL DIRECTLY IN CONFLICT WITH ESTABLISHED LAW, PARTICULARLY RECENT FEDERAL COURT DECISIONS UPHOLDING THE RIGHT OF INDIAN TRIBES TO EXERCISE JURISDICTION OVER ALL PERSONS ON THE RESERVATION, MEMBERS AND NON-MEMBERS. WE URGE YOU TO TAKE IMMEDIATE ACTION TO DELETE ALL AND ANY SUCH RESTRICTIVE PROVISIONS FROM YOUR BUDGET REQUEST TO THE CONGRESS. SINCERELY LADONNA HARRIS, PRESIDENT AMERICANS FOR INDIAN OPPORTUNITY GENE CRAWFORD, EXECUTIVE SECRETARY NATIONAL LUTHERAN INDIAN COUNCIL 17:54 EST MGMCOMP MGM GERALD FORD LIBRAS