OPA

Department of the Interior Solicitor Thomas L. Sansonetti today issued a long-awaited legal opinion that explores the extent of Alaska Native village jurisdiction over land and non-village members.

The opinion concludes that Native village jurisdiction was significantly limited by Congress in 1971. The opinion, however, also reaffirms longstanding Departmental and Congressional actions which include Native villages as tribes for purposes of many programs of the Bureau of Indian Affairs and other federal agencies.

Issuance of the opinion culminates two years of historical and legal review by the Interior Solicitor's office. The opinion was requested in 1990 by Secretary of the Interior Manuel Lujan to aid the Department in reviewing jurisdictional claims raised by the Native villages. It is intended to provide guidance in resolving difficult state-federal-village disputes over who has police and regulatory authority over lands.

In his opinion, Sansonetti concluded that Congress, with passage of the 1971 Alaska Native Claims Settlement Act (ANCSA) decisively eliminated village jurisdiction over village and Native corporation lands and non-village members.

"In our view, the purposes of ANCSA to develop state chartered business entities and to avoid the establishment of any reservation system, trusteeship or other racially based institution, would be frustrated by a determination that enclaves of federal and tribal jurisdiction continue to exist," Sansonetti stated.

The Solicitor also noted, however, that this conclusion did not mean a change in the relationship between the Federal Government and Native villages. Sansonetti spent considerable time in the opinion on the tribal status of villages.

"In our view, Congress and the Executive Branch have been clear and consistent in the inclusion of Alaska Natives as eligible for benefits and programs under a number of statutes designed to benefit Indian tribes and members," Sansonetti wrote. His opinion recognizes the fact that Native villages have been considered tribes for many purposes. Sansonetti expressed his hope that the exhaustive review of the history, law and government policy would be beneficial to all who deal with Native village jurisdictional issues. The opinion was forwarded to the United States Department of Justice for use in determining the position of the United States in future litigation.

Secretary of the Interior Manuel Lujan today signed an agreement implementing legislation to resolve a long-standing dispute over the water rights of the Fort McDowell Indian Community in Arizona.

"This settlement averts lengthy, costly litigation and uncertainty for the tribe and the Federal Government," Lujan noted. "Even more important is the fact that this settlement provides the opportunity for increased economic self-sufficiency and meaningful self-determination for the Community."

Chairman Clinton Pattea signed the agreement for the Community, which is located in central Arizona near Phoenix.

Among others attending the signing ceremony in Lujan's office were Eddie Brown, Assistant Secretary of the Interior for Indian Affairs, and Dennis Underwood, Commissioner of Reclamation.

"This is an especially happy occasion for me because this settlement benefits a tribe in my home State of Arizona," Brown observed. Underwood said, "The Bureau of Reclamation is very proud of the role we played in achieving this agreement and others involving Indian tribes over the past four years."

In accordance with the Fort McDowell Indian Community Water Rights settlement Act of 1990, the tribe will receive a maximum annual diversion right of 36,350 acre-feet of water from the Verde River. The Community may lease a portion of its water, and has agreed to lease 4,300 acre-feet to the City of Phoenix. In addition, the Federal Government will provide the Community a development fund of $31 million and a Small Reclamation Project Act loan of $13 million for irrigation development on the reservation.

The Lifetime Learning and Rebuild America economic stimulus package proposed by President Clinton will provide economic development opportunities, rebuild and maintain roads, repair schools, jails and juvenile detention centers, and provide funds to operate elementary and secondary schools on many of America's Indian reservations.

The total stimulus package calls for $102.4 million, with most of the funds to be spent by the Bureau of Indian Affairs (BIA) for the benefit of Indians by the end of Fiscal Year 1993.

The range of projects in the Bureau of Indian Affairs will cover additional funds for all of the Bureau-funded schools, provide $15 million for forest development on Indian reservations, and provide funds to guarantee $48 million in loan projects. The new monies boost the Bureau's $1.5 billion FY 1993 budget which has already experienced shortfalls in the Indian School Equalization Program formula because of increased school enrollment for the current school year.

Of the $48.8 million for school operations, $22.6 million will be spent for the 1992-93 school year to meet a shortfall in funds because of an unexpected five-percent increase in school enrollment and to meet administrative cost grants. An additional $2 6. 2 million will be used in the 1993-94 school year to supplement the funds available for the school year beginning July 1, 1993.

In addition, $9.4 million will be spent to repair, improve, and rehabilitate school, law enforcement, and other facilities. BIA funds 181 schools, 70 of which are contracted directly to tribes which operate them.

A total of $15 million is targeted for forest development on Indian reservations. The funds will be used for tree planting and pre-commercial thinning to increase future harvesting and sale of wood products on Indian reservations.

The Bureau will have available an additional $5.6 million to guarantee loans to start or expand Indian businesses on reservations. The funds available are expected to support loans of $48 million to tribes for business ventures which include hotels, convention centers, logging mills, an office complex, and gaming enterprises. Many of the projects are expected to be under construction within 30 days of funding.

$23.5 million will be spent for road maintenance on Indian reservations for projects to improve access for schools, medical facilities, businesses and tourists.

The Department of the Interior's Minerals Management Service (MMS) today announced that it will pay $541,951 to four Indian tribes as reimbursement of auditing costs for participating in the MMS's Cooperative and Delegated Audit Program during Fiscal Year 1993.

The Navajo Nation will receive $308,866; the Ute Indian Tribe, $87,600; the Southern Ute Indian Tribe, $93,000; and the Ute Mountain Ute Indian Tribe, $52,485.

The program enables a tribe to join with MMS in providing additional audit coverage of revenues derived from oil, gas and other mineral leases located on its land.

"More than $150 million in mineral revenues were collected from Indian leases last year," Acting MMS Director Carolita Kallaur said. "Working together in this program, we can ensure the tribes continue to receive an accurate accounting of the money to which they're entitled."

Under provisions of the Federal Oil and Gas Royalty Management Act of 1982, MMS reimburses participating Indian tribes for the costs of delegated audits, such as salaries and travel expenses.

Nine states-- California, Colorado, Louisiana, Montana, Utah, North Dakota, Oklahoma, Texas and Wyoming--participate under similar provisions.

MMS is responsible for collecting, accounting for, auditing and disbursing revenues associated with mineral leases on federal and Indian lands. The agency handles nearly $4 billion in revenues each year, Kallaur said.

"My meeting with the Governors today was a positive one, and I greatly appreciate their input. The Governors were clear in stating their positions, and I was equally clear in stating that I need to hear from other interests before deciding what, if any, policy changes are needed. I also made clear my belief that most ot these issues are best resolved by bilateral negotiations between states and tribes, as intended under the Indian Gaming Regulation Act, and that there is room for compromise. Our discussion was very helpful, but no commitments were made."

"I will continue to seek input from all sides in this debate, and will continue the search for a consensus position to which all parties can agree."

"I look forward to my meeting tomorrow with tribal leaders."

"I appreciated the opportunity to hear from tribal leaders from across the country. Their input provided an important picture of the economic benefits reservations have gained from Indian Gaming."

"I want to continue to gather information from parties interested in this issue, and I continue to believe these issues are best resolved by bilateral negotiations between states and tribes as intended under the Indian Gaming Regulation Act, and that the Act provides room for compromise."

"Today's meeting was a step forward as was yesterday's discussion with the governors. From this point forward, I will continue to seek out a consensus position to which all parties can agree."

President Clinton's fiscal year 1994 budget for the Department of the Interior calls for significant new investments in National Parks and natural resource protection, as well as scientific efforts to help the nation protect endangered species without hurting local economies.

$7.6 billion is requested for programs funded through the annual appropriations process, an eight percent increase over the 1993 enacted level. The budget calls for total spending of $9.5 billion, an increase of more than $500 million over Interior's 1993 funding. Included are significant investments in education, self-determination and safety on Indian reservations and substantial administrative savings throughout the Department.

The Department's shift in priorities from development to a greater balance between conservation and development is reflected in the 18% increase in operations funding-for the Fish and Wildlife Service and the 19% increase for operations of the National Park Service.

"This budget, more than anything else, is an investment budget and it is a sound investment for the American taxpayers," said Interior Secretary Bruce Babbitt. "This will give us the kind of return that will not only be evident in the next year or two, but will pay off for the next generation as well."

"We're finding the right balance," Secretary Babbitt said. "In the past decade, Interior's leaders assumed this was a development agency, forgetting the responsibility to protect our public lands. This shift in budget priorities helps us fulfill the role of responsible stewards."

The budget request was developed by starting with the current year's appropriations, reflecting the Administration's commitment to work cooperatively with Congress. In the previous two Administrations, Interior's budget requests were continually scaled back to far below the previous year's appropriated amounts. Congress then labored to reinstate funds to reflect long established national priorities.

"This budget uses as its starting point the level of funding Congress provided for us during this current fiscal year," said Secretary Babbitt. "We've taken ideology and gamesmanship out of the equation, and are focusing our energies on the lands and resources entrusted to our care. The usual gridlock is no more."

The budget includes $107 million in savings. Of this, $65 million is saved by reducing the number of positions by 2. 5%, putting the Department on track to meet the President's goal of 4% staff reductions by the end of 1995. Administrative cost reductions of 3% will lead to savings of $42 million; the President has pledged that the Cabinet will reduce administrative costs by 14% over four years.

"We've brought in people with very strong management skills," said Secretary Babbitt. "They will determine where we can cut and where it makes sense to invest. This Department is staffed with high quality career employees, and they can make taxpayer dollars go much further. What has been missing in the past is clear direction and a sense of mission that all employees can share."

Science as an Investment

The budget proposes significant increases for the Fish and Wildlife Service (FWS), much of it in scientific research and applications which can help the Department work to protect species while at the same time avoid economic disruptions which are sometimes blamed on the Endangered Species Act.

"We've got to use science to help us plan ahead, " said Secretary Babbitt. "Recent leaders in this Department have failed to act, allowing a crisis to develop and letting the courts determine how we protect threatened wildlife. We're refusing to let that continue. These investments in science will help government leaders at all levels to be better at planning ahead. It will give greater certainty to local economies and local investors."

''Quite often people think of government investments only in the sense of roads, bridges and schools," said Secretary Babbitt.

"But some of the greatest returns on spending have come from scientific research. That will be one of the great legacies decades from now when people consider the Clinton Administration's Interior Department."

The FWS' s endangered species program is in line for an increase of $30 million, or 65%. This includes funds for "prelisting" activities which are designed to help protect species before they become officially listed as endangered or threatened. These funds will also be used to draft "recovery plans" for the lengthy backlog of endangered species for which no recovery plans exist.

"These funds may become the building block for a National Biological survey," said Secretary Babbitt, referring to a draft proposal to place much of Interior's research biology functions under one roof. That effort would be done to provide an anticipatory, proactive biological science program to enable land and resource managers to develop comprehensive ecosystem management strategies to minimize conflicts, litigation and economic costs.

A proposed increase of $14.5 million for the U.S. Geological Survey (USGS) would be used to enhance the National Water Quality Assessment program. Also, a $12.6 million increase in a one-time investment to expand the USGS EROS Data Center will help handle an expected ten-fold increase in the reception, manipulation and distribution of remote-sensing data from NASA satellites.

The Bureau of Land Management (BLM) will also play a much greater role in helping the Department protect at-risk species. The Bureau will receive an increase of $24 million for renewable resources management activities. This includes a $7 million, 58% increase in the Bureau's efforts to improve riparian areas, the green plant corridors along streams.

The Bureau of Reclamation's budget proposes to spend $34 million from the new Central Valley Project Restoration Fund to improve fish and wildlife habitat in California. As authorized by legislation enacted in October 1992, this proposal is financed by additional charges on project beneficiaries.

Investments in Parks and Public Lands

The budget proposes a 19 percent increase for National Park service (NPS) operations, for a total request of $1. 5 billion. The NPS is focusing efforts on restoring existing parks, with funding increases for every existing park.

The budget proposes significant infrastructure maintenance and repair work for the startling number of parks which have fallen into disrepair. It includes increases to help make the workforce more professional, and offers the first request in a dozen years for the Urban Park and Recreational Fund, which is targeted at developing and maintaining programs and facilities in urban areas. Many of these proposed changes come directly from the recommendations of the NPS 75th Anniversary Symposium, held in Vail, CO.

The Department's budget calls for $144 million in funding for the Land and Water Conservation Fund, down from $221 million during the current fiscal year. The budget calls for added staff to increase the Department's capability to conduct land exchanges to benefit all bureaus.

"The President is delivering on his promise of protecting and enhancing our National Parks," said Secretary Babbitt. "In the stimulus package, we chose to invest money to address the huge backlog of repairs that have piled up in our Parks. We've continued that approach with this budget. While we would all wish to have more funds for such programs as the Land and Water Conservation Fund, in 1994 we believe the best use of funds is to take care of, and repair, the Parks we now have."

Investments in Tribal Lands

The Department proposes a 64% increase, for a total of $18 million, for the repair of high risk dams on Indian reservations. Of the top 100 high-hazard dams on the Department's list,. 44 are on Indian reservations.

The budget proposes $200 million for Indian Land and Water Claims Settlements. These settlements, agreed to by congress, resolve long-standing claims to water and lands by Indian Tribes.

"This is another case of breaking the gridlock," said Secretary Babbitt. "Under this new system, we bring consistency and predictability to the process. Now, Indian Tribes and allottees, non-Indian water users, water districts and others will know the annual limits on possible payments for all claims. It helps all parties in negotiations."

The Broader Budget Context

"This budget request should be considered in the context of other objectives the Administration is pursuing," said Secretary Babbitt. "We are pushing aggressively to charge market prices for grazing on federal lands, and I'll hold hearings in the West on that topic later this month. We have committed to eliminating below-cost timber sales and will continue to bring market principles to the distribution of federally subsidized water. We' re pushing to gain royalties on hard rock mining, and I'm confident it will happen in this session of Congress."

"A few weeks back, President Clinton appealed to all Americans to make contributions in the national interest, 11 said Secretary Babbitt.” This Administration has no intention of amending that statement to exclude mining corporations, timber companies, cattle ranchers and farmers irrigating with subsidized water."

Moderate visitor fee increases will be instituted in some of the National Parks and other recreation areas. Fees will not be increased at parks close to urban centers, where many users tend to be from poor families. Increases are most likely at "destination parks," where families have often already spent significant amounts of money just to reach the park boundaries.

Secretary of the Interior Bruce Babbitt will brief the news media Thursday, April 8 at 1 p.m. on the President's FY 1994 budget request for the Department of the Interior. The briefing will be held in the auditorium of the South Interior Building, 1951 Constitution Ave. NW.

At 3 p.m., Interior's Assistant Secretary for Indian Affairs Eddie Brown will brief constituent groups, Indian tribal representatives, and the Indian media on the Bureau of Indian Affairs budget request. The meeting will be held in the Secretary's Conference Room, Room 5160, Main Interior Building, 1849 C st. NW.

A reminder that a picture identification card is required for entrance at both locations. If you need further information, please call me at 202 208-7315.

Carl Shaw Director of Public Affairs

President Bill Clinton's fiscal year 1994 budget for the Bureau of Indian Affairs proposes to spend $2.4 billion, an increase of $261.3 million over the current year, according to documents released today by the Department of the Interior. This is a significant change from budget requests of the last decade, which often proposed substantial funding reductions for the Bureau.

"With this budget, the Clinton Administration is making sound investments to improve both safety and education on reservations," said Interior Secretary Bruce Babbitt. "We've also taken major steps toward the settlement of Indian tribal water rights claims."

The major increase in current appropriations is the establishment of a $200 million fund to cover Indian land and water rights claims settlements. The FY 1994 request is the first of five $200 million payments to be made into the fund. For 1994, the funds will be used for those settlements already enacted by Congress. For 1995-98, subject to appropriation, $200 million per year would be available for funding the out-year costs of enacted settlements and for future land and water settlements negotiated by the Administration and enacted by Congress.

Another major proposed increase is the repair of high risk dams on Indian reservations. The 1994 budget proposes a total program of $18 million, 64 percent more than the 1993 appropriation. Of the top 100 high-hazard dams on the Department's list, 44 are on Indian reservations; more than half of these are in poor or unsatisfactory condition. During the past two years BIA has made significant progress in accomplishing deficiency verification analyses and design for corrective actions. "The increased funds put the BIA in a position to move forward with design and construction contracts for dam modifications," Babbitt said.

Corrective action will be completed on Ganado Dam in Arizona and Pablo Dam in Montana. Final design will be completed on six other dams: Equalizer Dam in Idaho; He Dog Dam, Kyle Dam, and Parmelee Dam in South Dakota; Weber Dam in Nevada; and Acomita Dam in New Mexico. Conceptual design will be undertaken on an additional three dams: Dulce Dam in New Mexico, East Fork Dam in Montana, and Indian Scout Dam in South Dakota. The Administration is committed to providing a total of $138 million for this effort during the next five years.

The request for Operation of Indian Programs (OIP) which encompasses the BIA's day-to-day operating programs is $1.47 billion, an increase of $130.9 million. The program areas with major increases are education, self-determination, management improvements, and human services.

Funds for education of Indian children in BIA's 184 funded schools, is increased by $51.4 million over FY 1993. Program increases include $33.8 million for the Indian school equalization formula, $3 million for student transportation, $2 million for early childhood development, $8.5 million for administrative cost grants, and $4.2 million for school operations and maintenance. The requested funding level will support the significant increase in enrollment expected to continue in BIA schools. Enrollment in FY 1993 increased by five percent to 43,700 students. Tribally controlled community colleges will also receive an increase of $2.4 million which will provide for additional curricula and a higher per student funding level.

Tribal Priority Allocations increased by $33 million. Funding priorities for these programs are determined by the tribes. The program gives tribes the flexibility to prioritize their budgets according to their unique situations. Program increases include a general increase of $10 million, an inflation adjustment of $2 million, $5 million for Indian Child Welfare Act implementation, and $1.4 million for operation of six new juvenile detention centers. To provide sufficient contract support for expansion of contracted programs, contract support funds are increased by $25 million in OIP.

An increase of $22 million is requested to improve BIA management and accountability, including $7 million for trust funds reconciliation and management, $1 million for Indian gaming management, $3.3 million for financial management improvements, $2.5 million for automatic data processing decentralization, and $1. 7 million for land records automation. An increase of $1 million will support additional Area office procurement staff primarily associated with additional road construction projects funded from the Federal Highway Trust Fund and P.L. 93-638 tribal contracts. A $1 million increase is also requested in construction program management to begin addressing replacement of an automated system for the facilities programs. Further increases of $5.5 million will be dedicated to strengthening management in areas such as property management, bureau directives, and Chief Financial Officer Act requirements.

Human services increases focus on Indian child welfare and welfare reform. An additional. $6.5 million is requested to start up the tribal grant program and Joint BIA-Indian Health service regional assistance cente7s authorized by the Indian Child Protection and Family Violence Protection Act of 1990. The Department will also provide an increase of $5 million for welfare reform. last year, Congress provided the tribes with increased flexibility and financial incentives to achieve long-term welfare reform goals, but most tribes lack the resources and expertise to develop the required tribal plans.

Most natural resources programs are funded in the budget at the previous year's enacted level. Increases include $0.35 million for rights protection implementation and $0.4 million for endangered species resources to manage Indian forests with marbled murrelet habitat. An additional $1 million is requested in environmental quality services for the Midnite Mine in Washington state. The requested increase of $4.3 million in irrigation operations and maintenance includes $2 million to prevent further deterioration of existing systems; $2 million for safety of dams operation and maintenance; and $0.3 million for the administration of the Uintah Irrigation Project in Utah.

The requested budget for construction projects in BIA is $114 million, a decrease largely due to reductions for one-time irrigation project work and the transfer of the Navajo Indian Irrigation Project to the Indian land and water rights claims settlements appropriation.

Increases in the construction program include $3 million for construction contract support, $5.4 million for school improvement and repair, $2 million for jails, and $2 million for other non-education facilities. In education construction, the budget proposes $4 million for planning and design and $13 million for new school construction. With these funds, BIA anticipates completing renovation of Haskell dormitories and completing the construction of the first six schools on the new school priority list.

The Department of Transportation is proposing legislation to increase the authority for Indian road construction for FY 1994 to $199.4 million, an increase of $8.4 million in the Department of Transportation Federal Highway Trust Fund. Up to 15 percent of these funds can be used for road sealing on Indian roads.

Secretary of the Interior Bruce Babbitt said today that while he is approving a lease between an Indian tribe and a solid waste disposal company that contemplates construction of a landfill on tribal land in southern California, he will take steps to prevent the wholesale targeting of tribal lands across America for waste disposal.

"After careful consideration I have decided to approve the lease that will allow a proposal for a large solid waste facility on the land of the Campo Band of Indians in southern California to proceed," Secretary Babbitt said in a statement. "The Campo's substantial efforts over many years, encouraged by the prior Administration, and my conclusion that the project has almost universal support among tribal members were important factors in my decision."

The Secretary made it clear that it would be a mistake for the waste disposal industry to look upon the decision as encouraging the targeting of Indian lands for dumps for non Indian waste.

"Building large facilities on Indian reservations to handle largely non-Indian-generated waste," Secretary Babbitt said, "elicits a disturbing image of wasting Indian lands." He noted that "the exploitation of potential regulatory loopholes or vacuums may be behind some proposals to site such projects in Indian country."

"In general, I do not believe the Department should be in the business of encouraging proposals to build large waste facilities on Indian reservations primarily to handle non-Indian waste," Secretary Babbitt said. He said that he will approve such projects only when he is convinced that:

-- Tribal members have been fully apprised of the terms, conditions, and risks and have approved them, through their tribal governments or preferably (at least where large facilities are located on small reservations), through a referendum election specifically addressing the issue;

-- A first-class regulatory system (tribal, federal, state, or some combination thereof) has been approved by the Tribe, is in place, and will exercise clear supervisory power over the facility, including long-term monitoring and the ability to bring effective enforcement actions; and

-- The financial terms of these arrangements, including potential long-term liability of the Tribe and the United States from environmental contamination, are protective of tribal and federal interests.

The lease approved today provides for the Campo Band of Mission Indians to lease land on its reservation to Mid-American Waste systems, Inc., for a 600-acre facility for solid waste disposal, recycling and composting. The waste is proposed to be shipped by rail from San Diego about 60 miles away. A copy of secretary Babbit's full statement is attached.