OPA

The Department of the Interior today announced its support of proposed Federal legislation providing for distribution of a jl1dgment fund totaling nearly $12 million recovered by the Cherokee Indian Tribe of Oklahoma.

The full amount of the judgment awarded to the Tribe by the Indian Claims Commission and appropriated by Congress last September was $14,789,476.15. This amount will be reduced prior to distribution, however, by payment of attorneys' fees and expenses and by offsets to compensate the United States for program expenses. These offsets still have to be determined by the Indian Claims Commission. Thus the net amount available for distribution will be something less than $12,000,000.

The judgment was based on a claim by the Cherokees that they were inadequately compensated for some 8,000,000 acres in Oklahoma known as the "Cherokee Outlet Strip," which they ceded to the United States under terms of an 1891 agreement. The Indian Claims Commission decided that the $1.30 per acre paid for this land was an "unconscionable" amount and that it was worth $3.75 per acre.

Under H.R. 11590, the bill favored by the Department, the remaining balance would be distributed on a per capita basis to the members whose names appeared on the tribal rolls which were closed as of March 4, 1907, and to their heirs and legatees. The heirs or legatees of a deceased enrollee would take only the share of the enrollee. The cost of making the distribution would be reimbursed to the Tribe by the Government out of appropriated funds, in an amount up to but not exceeding $500,000. The Department has recommended that any additional administrative costs incurred be borne by the Tribe.

In its report the Department pointed out that use of the tribal roll closed in 1907 is preferable to the preparation of a new roll which would start with the 1907 roll, add all descendants, and delete all deceased persons.

"The total number of enrollees more than 50 years ago was 41,935,” the Department stated further, "and if it were necessary to trace all descendants and verify all deaths the administrative job would be tremendous, By using the 1907 roll and applying the limitations in the bill, the Job will be less difficult, It will still, however, be a task of sizable proportions and may require several months after enactment of the bill before payments to individual beneficiaries can be made.”

The Department pointed out that a full per capita share will be something less than $280, and that many shares of heirs and legatees will be so small that they should revert to the Cherokee Tribe, A per capita distribution is being recommended only because of the dispersion of the Cherokee people and the lack of any tribal economic base in which to invest the funds for development purposes,

The Department of the Interior said today it has recommended enactment of Federal legislation (8.2384) that would bring greater benefits to Navajo Indians living in San Juan County, Utah, from the leasing of reservation lands for oil and gas development.

Under a 1933 law, which added about half a million acres of public land in Utah to the Navajo Reservation, 37 1/2 percent of the oil and gas revenues from these lands are paid to the State of Utah to be spent for tuition of Indian children in public schools, for road construction and maintenance in the area, and for the benefit of Indians residing in the area.

These purposes have proved too limited, Assistant Secretary John A. Carver, Jr., pointed out. Although nearly $4 million had been paid to the State under terms of the law by September 1961, only about $250 thousand of this had been spent. In litigation now pending, two Navajo Indians have challenged the expenditures.

The proposed legislation would change the 1933 law by broadening the purposes for which the oil and gas revenues may be spent to benefit the Navajos, by extending the benefits to all Navajos residing in San Juan County instead of just those living in the former public land area added to the reservation (Where many Navajos live only part-time), and by authorizing the State of Utah to establish a joint commission with the Navajo Tribe for administering the law.

While the Department has had no formal expression of opinion from the Navajo Tribe on the pending bill, Assistant Secretary Carver indicated his understanding that lithe bill as written is the result of mutual efforts of the tribe and the State of Utah to solve common problems encountered in the administration of the original act."

The Department of the Interior said today it has recommended enactment of Federal legislation (8.2384) that would bring greater benefits to Navajo Indians living in San Juan County, Utah, from the leasing of reservation lands for oil and gas development.

Under a 1933 law, which added about half a million acres of public land in Utah to the Navajo Reservation, 37t percent of the oil and gas revenues from these lands are paid to the State of Utah to be spent for tuition of Indian children in public schools, for road construction and maintenance in the area, and for the benefit of Indians residing in the area.

These purposes have proved too limited, Assistant Secretary John A. Carver, Jr., pointed out. Although nearly $4 million had been paid to the State under terms of the law by September 1961, only about $250 thousand of this had been spent. In litigation now pending, two Navajo Indians have challenged the expenditures.

The proposed legislation would change the 1933 law by broadening the purposes for which the oil and gas revenues may be spent to benefit the Navajos, by extending the benefits to all Navajos residing in San Juan County instead of just those living in the former public land area added to the reservation (Where many Navajos live only part-time), and by authorizing the State of Utah to establish a joint commission with the Navajo Tribe for administering the law.

While the Department has had no formal expression of opinion from the Navajo Tribe on the pending bill, Assistant Secretary Carver indicated his understanding that lithe bill as written is the result of mutual efforts of the tribe and the State of Utah to solve common problems encountered in the administration of the original act."

Twelve studies to determine the feasibility of economic development which could create greater job opportunities on Indian reservations and in the native villages of Alaska are being undertaken by the Bureau of Indian Affairs with technical assistance funds provided by the Area Redevelopment Administration of the Department of Commerce, the Department of the Interior announced today.

Contracts totaling $402,493 have been awarded to the lowest qualified bidders for carrying out the studies in 11 States.

In ALASKA a $50,000 contract to study the feasibility of establishing a reindeer meat, fish processing, tannery and fur production enterprise at Kotzebue has been awarded to Arthur D. Little, Inc., and Cambridge, Mass. A $40,500 contract was awarded to the University of Alaska for a study to improve methods and changes needed to increase the market for Alaskan native arts and crafts.

In ARIZONA a survey of the economic potential for industrial development for the Gila River and Salt River Reservations is to be carried out by Western Management Consultants, Phoenix, Ariz., under a $26,000 contract.

In IDAHO a survey of recreation and tourism resources in the Nez Perce Country will be made by Armour Research Foundation, Illinois Institute of Teleology, under a $35,743 contract.

The quantity and condition of timber on the Blackfeet and Rocky Boy's Reservations in MONTANA and the Wind River Reservation in WYOMING are the subject of a study being conducted under a $48,500 contract by K. B. Wood and Associates, Inc., Portland, Ore. (A similar survey on the Flathead Reservation in Montana is being carried forward by Greenacres, Inc., Seattle, Wash., under a $75,000 contract entered into about a month ago.)

On the Pyramid Lake Reservation in NEVADA two studies will be carried forward--one covering a market study and a feasibility report on the potential for recreation and economic development for the reservation and the other aimed at determining the skills of the resident Indians for organizing and managing such enterprises. A $38,200 contract for the development study was awarded to International Development Services, Inc., New York City. For the study of managerial skills a $4,500 contract was awarded to Dr. William Gomberg of the Wharton School of Business, University of Pennsylvania.

On the Navajo Reservation in ARIZONA, NEW MEXICO, and UTAH there are two studies under way. Under a $14,000 contract AGRI Research, Inc., Manhattan, Kansas, will explore the economic feasibility of establishing a meat processing plant on the reservation. The other study is aimed at determining the economic utilization of mill and woods byproducts of the Navajo Forest Products Industries, the tribal sawmill enterprise, located on the New Mexico portion of the reservation. It is being conducted by Kenneth Smith, San Francisco, Calif., under a $17,500 contract. –

In OREGON the feasibility of developing the Kahneeta Hot Springs Resort on the Warm Springs Reservation as a tourist attraction will be studied by Fenton, Conger and Ballaine, Inc., Seattle, Wash., under a $10,000 contract.

In SOUTH DAKOTA a study to determine character, extent and location of commercial recreation facilities needed in the Big Bend Redevelopment area (Crow Creek and Lower Brule Reservations) will be studied by Harland Bartholomew and Associates, St. Louis, Mo., under a $40,750 contract. The study will be focused on attracting to the Indian-owned area around the reservoir, now under construction, some of the two million tourists who annually visit the Black Hills.

On the Colville Reservation in WASHINGTON a feasibility study of mining, processing and marketing of sodium sulphate and other saline deposits found mainly in dry lake beds is being conducted by Michael Rivisto, Industrial Consultants, Seattle, Wash., under a $76,800 contract.

Commenting on the broad range of studies being launched, Commissioner of Indian Affairs Philleo Nash called them "a most important move toward bringing direct, tangible benefits to Indians through full development of their reservation resources."

"If these numerous economic development possibilities are found feasible and put into effect," he added, "they will create hundreds of new jobs providing steady employment for Indians who have too long lacked such opportunities. Many of these developments would also substantially increase the flow of income into tribal treasuries that could be used for other beneficial projects.

"Before the enterprises are undertaken, however, we must first know whether they are practical and feasible. All the significant economic facts affecting them must be carefully weighed and objectively analyzed by research organizations with highly developed skills in this type of study and analysis. That is why these studies are so crucially important. They constitute an early stage of a far-reaching program of greater economic development on Indian reservations."

A change in Bureau of Indian Affairs regulations which will make more American Indians in the 18-35 age bracket eligible to receive vocational training with Government financial assistance was announced today by Secretary of the Interior Stewart L. Udall.

Under the former rules, only Indians living on trust or restricted land under jurisdiction of the Bureau of Indian Affairs were eligible for such training.

The new regulation broadens this in two ways. First, it extends the benefits of the vocational training program to all Indians residing within the exterior boundaries of a reservation under jurisdiction of the Bureau regardless of the title status of the lands on which they live. Secondly, it provides that vocational training may be furnished to Indians living near reservations if denial of the services would haves direct effect on Bureau programs within the reservation boundaries.

This latter provision is intended to cover situations where Indians living near reservations are in urgent need of vocational training to improve their economic status and, if denied the service, would return to the reservation to be eligible for Bureau help.

The amended regulation is being published in the Federal Register and will go into effect 30 days after publication.

Since the start of the Indian Bureau's adult vocational training program four years ago 1,978 Indians have completed courses in State and private vocational schools under its auspices. An ·additiona1 783 Indians are currently enrolled in such Courses.

The state of Alaska, the Bureau of Indian Affairs, and the Office of Education have reached a basic understanding on educational goals and responsibilities in the 49th state, the Department of the Interior reported today.

The understanding was developed at meetings in Washington, D. C., attended by representatives of the Alaska state Government and the two Federal agencies.

The conference agreed on the following 13 points:

1. Alaska. Public education in Alaska is a primary responsibility of the State of This responsibility extends to all children within the state.

2. The State government will do all that its resources will allow in order to meet the educational requirements of all its children. In the State's continuing effort to do all that might be expected, close attention must be given local participation in the support of public school operations.

3. The educational effort of the Bureau of Indian Affairs in Alaska has been and will continue to be directed toward the attainment of educational goals to which the State and Federal Government are committed but which cannot be attained by the State alone because of financial limitations.

4. It is the mutual goal of the State and Federal Governments to establish for all people in Alaska a single system of public elementary and secondary education.

5. All public schools in the State of Alaska should ultimately be included in the State educational system notwithstanding that Federal financial participation will remain essential for some time.

6. It is agreed that there exists today a serious deficiency in the overall educational program in Alaska particularly with respect to children of high school age who, for lack of facilities, are not in school.

7. It is agreed that a closer coordination will be established between programs of the Federal Government which provide the State with financial aid for education. This will require cooperative planning by the State Department of Education, the U. S. Office of Education, and the Bureau of Indian Affairs. The Bureau of Indian Affairs intends to operate its schools or otherwise fulfill its commitments to the education of Alaskan natives in a fashion consistent with educational policy as it is developed by the state of Alaska. However, it is agreed that state policy should be formulated with full consideration of the limitations of law which govern Federal activities and financial contributions.

8. Although the Bureau has requested funds for planning new school facilities, the plan of the Bureau may be adjusted to conform as closely as possible to the comprehensive educational programs to be developed by the State.

9. It is agreed that the state of Alaska should formulate an over-all plan with local participation for (a) expansion of present high school educational facilities and (b) transfer of Bureau-operated schools to State management and operation. This planning, of necessity, will include Federal financial participation. 10. Such plan as the State formulates will be the basis for further discussions looking toward agreements which will coordinate Federal and State efforts in the educational field.

11. It is especially to be noted that the Bureau in considering such plans as may be advanced by the State has no fixed objection to the location of high school facilities in any particular community, and it is hoped that state plans for school construction at Nome may be utilized within the over-all program.

12. It is agreed that the Bureau of Indian Affairs and the State of Alaska consider the establishment of regional comprehensive high schools with necessary domiciliary facilities and acceptable approach in providing secondary education.

13. Nothing in this statement is to be interpreted as a commitment by either the State of Alaska or the Bureau of Indian Affairs to a particular approach in meeting the educational problems in Alaska which are of mutual concern. At such times as the State of Alaska provides policy guidelines for discussion with the Bureau of Indian Affairs it is hoped that a commitment to particular actions may be made at both the State and Federal level. The Alaska representatives who took part in the conference were Hugh J. Wade, secretary of state; Dr. Theo Norby, commissioner of education; and Dr. Charles Raye, dean of education at the University of Alaska.

The Indian Bureau participants were Miss Selene Gifford, assistant commissioner for community services; Mrs. Hildegard Thompson, chief, branch of education; and Robert L. Bennett, area director at Juneau.

The Office of Education was represented by Dr. Rall Grigsby and Dr. James Horton.

Secretary of the Interior Stewart L. Udall today announced approval of a proposal made by the Navajo Indian Tribe that bids be invited for a two-year preferential oil and gas prospecting permit on 35,336 acres of wildcat tribal land in Coconino County, Arizona.

The successful bidder would be given not only a. prospecting permit but a preference to select for lease not less than six tracts comprising 2,560 acres each, Subject to a bonus payment of $25 per acre less 50 percent of the per-acre bonus paid for the permit.

In the interest of "speedy development" the Tribe is willing to forego the usual annual rental of $1.25 per acre during the permit period but will require an expenditure of $150,000 in geologic exploration, with a bond in the same amount. The leases will provide for completion of three wells in three years for each 25,600 acres or major fraction thereof and for the drilling of one well annually thereafter until oil or gas is found. Liquidated damages of $25,000 will have to be paid for each yearly interval in which a required well is not drilled.

The leases will call for payment of a 20 percent royalty and 50 percent of the net profits on oil, gas and helium.

"The Navajo Tribe," Secretary Udall explained, "has been attempting for some time to have its oil and gas developed under special terms which the Tribe believes will interest the industry and bring about early development which will be advantageous to the Tribe. As a trustee, the Bureau of Indian Affairs has pursued a policy of offering Indian lands for leasing through competitive bids. However, unless there is a real possibility of loss, we believe that requests by the Tribe for changes in the method of offering leases should be favorably considered subject to reasonable limitations. In the circumstances it is agreeable if the proposed preferential permit is offered for competitive bids with the understanding that protective changes will be made and that the action will not serve as a precedent in leasing other Indian tribal lands. Each proposal will be considered on its merits. “

A major change made by the Department in the proposal submitted by the Tribe concerns the pricing of helium. The Tribe proposed fixing the minimum value at ten cents per thousand cubic feet for each one percent of helium content. Because this is considered by the Department's Geological Survey and the Bureau of Mines to be out of line in view of the availability of and market for helium, the Department called for addition of a clause to the lease form prohibiting the extraction of helium-bearing gas in excess of one percent by volume until an agreement can be reached between the lessor and lessee and approved by the Secretary as to the percentage royalty to be paid.

Secretary of the Interior Stewart L. Udall today announced the assignment of Sidney M. Carney, a career employee of the Bureau of Indian Affairs, to work with "the Seneca Indians of New York on problems resulting from construction of the Kinzua Dam and Reservoir on the Allegheny River.

The Kinzua project is part of a comprehensive plan for flood control in the Ohio River Basin originally authorized by Congress in 1938. It will be built by the Army Corps of Engineers and will require the taking of over 9,000 acres of Seneca land which can be done under the law only by action of Congress. Appropriations committees of both Senate and House heard voluminous testimony for and against the proposed project in connection with the appropriations bills for the fiscal years 1958, 1959, and 1960. Funds for the project were approved by Congress in all three years.

In 1959 the United States Supreme Court declined to hear litigation designed to halt the project and thus confirmed that the action of Congress on the appropriations bills was sufficient authorization for the taking of the Seneca lands.

Following a careful review of the entire matter last year, the Administration decided that construction of the project should proceed. At that time President Kennedy directed the Bureau of Indian Affairs to provide the Senecas with assistance in meeting the problems engendered by the project. Indian Bureau help on these matters was subsequently requested by the Senecas and the Army Corps of Engineers.

As the Bureau's representative in the project area, Carney will be concerned with (1) exploring the possibilities of acquiring lands which could be exchanged for the area to be flooded, (2) reviewing the ways in which the Senecas could share in the benefits resulting from the recreation potential of the reservoir, (3) conducting investigations which will lead to a determination of the special damages to be sustained by the Senecas because a substantial proportion of their land is being taken, and (4) providing special counseling and guidance to Senecas who are required to move from their homes.

Carney, who is of Choctaw and Creek Indian descent, will be the first Indian Bureau employee stationed in New York State since 1949. He will establish headquarters at Salamanca in the near future.

Born at Quinton, Oklahoma, in 1920, Carney joined the Bureau in 1957 as administrative officer at the Fort Defiance Subagency on the Navajo Reservation in Arizona. One year later he was promoted to a more responsible post of the same kind at the Jicarilla Agency, Dulce, N. Mex. Since last June he has been serving at the national headquarters of the Bureau in Washington, D. C.

He is a graduate of Haskell Institute, Lawrence, Kansas, and holds both a bachelor's and a master's degree from Eastern Oklahoma State University. Before joining Federal service, he worked for this University first as purchasing agent and later on the faculty as head of the accounting department. He also served for about a year as office manager of the Kiamichi Electric Cooperative, Wilburton, Okla.

American Indians, widely considered a vanishing race in the early years of the present century, are now increasing at a faster rate than the whole United States population, the Bureau of Indian Affairs of the Department of the Interior reported today.

The annual growth rate for the Nation's Indian population during the decade of the 1950's was about 2.5 percent as compared with 1.7 percent for the entire country.

Despite recent advances, however, the Indians between the Canadian and Mexican borders have quite a way to go before they reach the numerical level of their ancestors at the time of Columbus, the Bureau emphasizes. The best available estimate of the indigenous population of what is now the United States, excluding Alaska, around the year 1500 is roughly 846,000. The 1960 Census showed 509,147 Indians living in the same area.

The explanation of this seeming paradox lies in the fact that the indigenous population between the Canadian and Mexican borders went into a long decline following the original intrusions from western Europe--a decline that lasted nearly 400 years. Wars and campaigns of extermination were major factors. But the most important cause seems to have been the introduction of “new" diseases from across the Atlantic. Some of these, like smallpox and tuberculosis, had a literally devastating effect on tribal populations never previously exposed to them. The peoples of western Europe, by contrast, had built up some degree of immunity against their ravages over the course of centuries.

In the latter years of the 19th Century the number of Indians reached a low point of less than a quarter million. Then, for reasons not yet fully understood (possibly involving the gradual acquisition of disease immunities), it turned a corner and has been moving upward ever since.

Today's Indian population, however, differs from that of the Columbian period in that it contains a very large admixture of non-Indian blood, While full-blood Indians predominate on reservations in states like Arizona and New Mexico, they constitute a small minority even among the people counted as Indians on the Turtle Mountain Reservation of North Dakota, for example, and in areas that formerly comprised reservations in Oklahoma.

Congress has provided the Bureau of Indian Affairs with no "all-purpose" definition of an Indian and the blood quantum requirements vary for different purposes. In North Carolina's Eastern Band of Cherokee only a thirty-second degree of Cherokee ancestry is required for membership.

The number of Indians now residing on reservations under Federal jurisdiction is approximately 285,000, according to the Bureau of Indian Affairs.

The native population of Alaska includes about 14,000 Indians and roughly 29,000 Eskimos and Aleuts.

Three major personnel changes in the Bureau of Indian Affairs involving the area offices at Muskogee, Okla., and Minneapolis, Minn., were announced today by the Department of the Interior.

Paul L. Fickinger, area director at Muskogee since 1954, has been named special assistant to Deputy Commissioner John O. Crow and will be stationed at Albuquerque, N. Mex. His first major assignment will be to supervise a comprehensive survey of the adequacy of the Bureau's buildings and plants, consisting largely of school plants, located at its field installations throughout the country.

As area director at Muskogee, Fickinger will be replaced by Graham E. Holmes, the Departments assistant solicitor in charge of Indian legal activities and a former superintendent and assistant area director with the Indian Bureau.

At Minneapolis the new area director will be James E. Hawkins, former area director at Juneau, Alaska. He succeeds Robert D. Holtz who transferred to the area director's post at Portland, Oreg., last May. Thomas L. Carter, who has been serving as acting area director at Minneapolis since Holtz' transfer, will resume his regular duties as assistant area director.

Fickinger, a native of Maxwell, Iowa, and graduate of the University of New Mexico, .has been with the Bureau of Indian Affairs for 30 years. Before coming to Muskogee in 1954, he was in charge of the office at Billings, Mont., for eight years and had 12 years of service in the Bureaus national headquarters at Washington, D. C., and Chicago, Ill.

Holmes was born at Whitefield, Okla., and holds a law degree from the University of Arkansas. He has been assistant solicitor for Indian legal activities for about a year and earlier served with the Bureau as assistant area director at Gallup, N. Mex., superintendent at Rosebud, S. Dak., area counsel at Aberdeen, S. Dak., and probate attorney at Wewoka, Okla.

Hawkins was born at Buenos Aires, Argentine, of North American parents and has both a bachelor's and a master's degree in education from Pennsylvania State University. He joined the Bureau in 1958 as area director at Juneau and earlier served as executive director of the Alaska Rural Development Board and as a superintendent and teacher in the Territorial schools.