OPA

PHOENIX - Following approval by Secretary of the Interior Dirk Kempthorne, the largest Indian water rights settlement in U.S. history is now fully in effect, concluding more than three decades of extraordinary effort by federal, state and tribal leaders to resolve critical water use issues facing tribal communities and the State of Arizona.

"The Arizona Water Rights Settlements Act is a triumph of cooperation and consensus over conflict and litigation," said Interior Assistant Secretary for Indian Affairs Carl Artman, who spoke on behalf of Secretary Kempthorne at an event celebrating the historic legislation. "This landmark agreement offers us a model of how states, Indian tribes, cities, farmers and the federal government - working together as neighbors and partners - can overcome deep-seated disputes with creative solutions that allow equitable benefits for all water users."

The legislation, approved by Congress and signed by President Bush in 2004, was fully implemented after Secretary Kempthorne signed two Statements of Findings on Dec. 10, 2007, finishing all actions necessary to complete the Gila River Indian Community Water Rights Settlement and amend the Southern Arizona Water Rights Settlement Act of 1982, involving the Tohono O'odham Nation.

"The Settlement Act provides the Gila River Indian Community and the Tohono O'odham Nation access to assured water allocations and the financial resources necessary to develop their land and water resources, expand their economies and ensure a better quality of life for tribal members, their children and grandchildren," Artman said. "Now that the legislation is fully and finally effective, all of the benefits promised can be delivered and these tribal water rights claims, among the largest in the West, can be put to rest."

Artman praised Senator Jon Kyl, the principal sponsor of the legislation, calling him "the catalyst who brought more than three dozen stakeholders to the negotiating table and the constant guardian who shepherded the agreement through the Congress." Artman also thanked Governor Janet Napolitano, Sen. John McCain, former Rep. J.D. Hayworth, Gila River Indian Community Governor William R. Rhodes and Tohono O' odham Nation Chairman Ned Norris, Jr. for their efforts in securing this settlement.

Artman commended Interior and other federal officials who worked with congressional staff, Arizona state officials and tribal leaders on this integrated package of agreements that benefit all central Arizona communities that receive Colorado River Water. "The Secretary would like to personally acknowledge and thank David Bernhardt, the Department's Solicitor, for his work on this Act," Artman noted. "David has been our key Interior lead on this settlement since January 2001. His effective coordination -- both within Interior as well as with the local, tribal, state and congressional leaders - was essential to the success we celebrate today."

Commissioner Bob Johnson represented Interior's Bureau of Reclamation, which played an important role in the negotiations, at the celebration. Other speakers included Ms. Susan Bitter Smith, President of the Board, Central Arizona Project; Ms. Gloria Montana, Chief of Staff for Rep. Raul Grijalva; and Herb Guenther, Director of the Arizona Department of Water Resources

"Secretary Kempthorne believes that one of the greatest challenges facing us as state, regional and national leaders in the 21st century is meeting the increasing and often
competing water needs of our dynamic communities," Artman said. "Yet we share the conviction that there is no problem created by humans that current and future generations cannot solve, if they are equipped with the right tools."

The Arizona Water Rights Settlements Act and similar settlements and pacts across the West serve as models to other states and regions that are struggling with water shortages, especially those suffering droughts and adapting their water management to deal with long-term climate change, Artman noted. "The simple fact is that the Earth is warming, and drought is not just a Western problem."

States and water districts need to avoid debilitating legal and political conflicts over the allocation of finite water resources because there are no true winners in resolving water disputes, unless everyone gets something and everyone gives up something, Artman noted. "And as Secretary Kempthorne has said, "Though the process can succeed only through compromise, all of us at Interior fully appreciate how exceedingly difficult it is to accept a lesser benefit in order to achieve a greater good."

"Yet the hard reality is that years-long litigation over water rights works to no party's benefit, exacts enormous financial costs and creates further obstacles to long-range economic planning and development," Artman noted. "With good faith and perseverance, using our best science and technology and working in a spirit of enlightened compromise, we can reconcile the seemingly irreconcilable. The Arizona Water Rights Settlements Act reflects such a vital accomplishment."

WASHINGTON - Acting Deputy Assistant Secretary for Policy and Economic Development - Indian Affairs George T. Skibine today congratulated the Cheyenne River Sioux Tribe on the grand opening of the Cheyenne River Reservation Achievement Center in Eagle Butte, S.D. The Center was established with support from the Indian Affairs Office of Indian Energy and Economic Development (IEED), Burlington Northern Santa Fe Railway (BNSF) and Wal-Mart Stores. Skibine was represented at the Sept. 18 opening by IEED Division of Economic Development Chief Jack Stevens.

"The Cheyenne River Reservation Achievement Center combines two of the most elemental requirements for building reservation economies: education and technology," Skibine said. "I want to extend my congratulations to the Cheyenne River Sioux Tribe and its partners on this important achievement. I am pleased that Indian Affairs has played a role in seeing this center established."

The Cheyenne River Reservation Achievement Center is the seventh such facility to be established, and the sixth with the IEED's support, through a partnership launched in 2006 by SeniorNet, a leading technology educator of older adults, in conjunction with IBM and the Native American Chamber of Commerce of Houston, Texas, to bring computer technology access and education to low-income, remote tribal reservation communities across the U.S. Each center offers computer and Internet access, education and training for reservation residents of all ages and comes equipped with 10 new computers, printers and a variety of software programs. Each is also expected to become self-sustaining with tribal members training other users and with tribal funding for computer maintenance and replacement and the acquisition of new software and upgrades.

In addition to facilitating donations of computer hardware and software, the IEED identifies tribes for participation in the initiative, works with tribes to identify suitable locations for their centers, and provides partial funding for trainers. The centers also play a role in the IEED's job training mission by providing computer training that covers the fundamentals through more advanced courses and by serving as an education center for their communities offering classes on topics such as family history and genealogy, health, language training, work skills and tutoring, as well as a host of life skills and enrichment curriculum.

Additional centers that have opened since 2006 are the Leech Lake Band of Ojibwe Achievement Center in Cass Lake, Minn. (2007), the Ysleta del Sur Pueblo Tigua Achievement Center in El Paso, Texas (2007) and the Houlton Band of Maliseet Technology Achievement Center in Houlton, Maine (2008). In addition to the Cheyenne River site, two new centers also opened this month: on Sept. 12 in Rock Hill, S.C., on the Catawba Indian Nation reservation and on Sept. 16 in Pine Ridge, S.D., on the Oglala Sioux Tribe's Pine Ridge reservation.

All but two of the centers have been developed with support from SeniorNet and IBM. The centers in South Dakota were developed with support from BNSF and Wal-Mart.

The Secretary of the Interior created the Office of Indian Energy and Economic Development to encourage economic development in Indian Country. The IEED's mission is to foster strong Indian communities by creating jobs, Indian-owned businesses, and a trained workforce, and by developing Indian energy and mineral resources, and increasing access to capital. The IEED believes that thriving economies and opportunities for work are the best solutions to Indian
Country's economic and social challenges.

ALBUQUERQUE, N.M. – As part of President Obama’s commitment to fulfilling this nation’s trust responsibilities to American Indians and Alaska Natives, the Office of the Secretary of the Interior will convene the Secretarial Commission on Indian Trust Administration and Reform’s third public meeting on June 11-12, 2012.

The five members of the Commission will meet, along with the Designated Federal Officer for the Commission, to move forward on their comprehensive evaluation of Interior’s management and administration of the nearly $4 billion in trust assets. The Commission is charged with providing recommendations to the Secretary of the Interior at the end of their two-year tenure on how best to improve the Department’s trust management and administration. Building upon the progress made with the historic Cobell Settlement, the Commission will help establish a new era of trust administration, stressing responsive, customer-friendly, accountable and transparent management of these substantial funds and assets.

Attendance is open to the public. Members of the public who wish to attend must RSVP by June 8, 2012 by e-mailing trustcommission@ios.doi.gov.

For more information, please visit: http://www.doi.gov/cobell/commission/index.cfm.

WHO: Fawn R. Sharp, Commission Chair (Quinault Indian Nation) Dr. Peterson Zah, (Navajo Nation) Stacy Leeds, (Cherokee Nation) Tex G. Hall, (Three Affiliated Tribes) Robert Anderson, (Minnesota Chippewa Tribe-Bois Forte Band) Lizzie Marsters, Designated Federal Officer for the Commission, Chief of Staff to the Deputy Secretary, DOI

WHAT: 3rd meeting of the Secretarial Commission on Indian Trust Administration and Reform

WHEN: Monday, June 11, 2012, from 8.00 a.m. to 5.00 p.m. (MDT) and Tuesday, June 12, 2012, from 8.30 a.m. to 4.00 p.m. (MDT)

WHERE: Office of the Special Trustee for American Indians 4400 Masthead Street NE Albuquerque, NM 87109 505-816-1000

PUBLIC: Attendance is open to the public, but limited space is available. Members of the public who wish to attend should RSVP by June 8, 2012 to: trustcommission@ios.doi.gov

MEDIA: Members of the news media are invited to attend the meetings. For further information, contact: trustcommission@ios.doi.gov

Robert Abbey will hold a news media teleconference regarding domestic oil and gas production on public and Tribal lands.

Credentialed media may also participate in the teleconference media roundtable by telephone by dialing 1-888-972-9240 and entering the access code INTERIOR.

WHO: Ken Salazar, Secretary of the Interior Robert Abbey, Director of the Bureau of Land Management
WHAT: Teleconference on oil and gas production
WHEN: 11:00 am EDT; Friday, May 4, 2012
MEDIA: All credentialed media are invited to join the teleconference by dialing 1-888-972-9240 and entering the access code INTERIOR.

The Bureau of Indian Affairs announces that the Webster/Dudley Band of Chaubunagungamaug Nipmuck Indians of Dudley, Massachusetts does not exist as an Indian tribe within the meaning of Federal law. This notice is based on a determination that the petitioner does not satisfy criteria 83.7(a), 83.7(b), and 83.7(c) of 25 CFR Part 83 and therefore, does not meet the requirements for government-to-government relationship with the United States. Criterion Part 83.7(a) requires that the petitioner have been identified as an American Indian entity on a substantially continuous basis since 1900. Part 83.7(b), a predominant portion of the petitioning group comprises a distinct community and has existed as a community from historical times until the present. Part 83.7(c), the petitioner has maintained political influence or authority over its members as an autonomous entity from historical times until the present. As provided by 25 CFR 83.10(i), any individual or organization wishing to challenge the proposed finding may submit factual or legal arguments and evidence to rebut the evidence relied upon. This material must be submitted within 180 calendar days from the date of publication of the notice in the Federal Register.

The Nipmuc Tribal Council, Hassanamisco Reservation, in Grafton, Massachusetts, submitted a letter of intent to petition for Federal Acknowledgement on April 22, 1980, and was designated as petitioner #69. The Bureau of Indian Affairs placed the original petitioner #69, the Nipmuc Tribe (or Nipmuc Nation), on active consideration July 11, 1995. The Webster/Dudley Band of Chaubunagungamaug Nipmuck Indians submitted a letter of intent to petition for Federal acknowledgement on May 31, 1996, withdrawing from petitioner #69, and was designated as petitioner #69B.

This finding has been completed under the terms of the Bureau directive of February 7, 2000, published in the Federal Register on February 11, 2000 (65 FR 7052). Under the terms of the directive, this finding focuses on evaluating the specific conclusions and description of the group that the petitioners presented, attempting to show that it has met the seven mandatory criteria and maintained a tribal community up until the present. As provided by 25 CFR 83.10(i), any individual or organization wishing to challenge the proposed finding may submit factual or legal arguments and evidence to rebut the evidence relied upon. This material must be submitted within 180 calendar days from the date of publication of the notice in the Federal Register.

The Bureau of Indian Affairs, Fiscal Year 2001 budget request is $2.2 billion, a net increase of $331.9 million above the FY 2000 enacted level. Leading the way in the increases in FY 2001 are School Construction, Trust Services, Law Enforcement, and Tribal Priority Allocation funds. Assistant Secretary Kevin Gover praised this budget, stating, "This budget is a good step forward. For too long, the needs of the American Indian people were ignored, and that neglect has created problems that are difficult to solve and expensive to fix. This budget will not fix them, even this budget is dwarfed by the great needs in Indian country, but it is an important and positive step in the right direction."

The Federal government is responsible for the funding of two school systems, the Department of Defense schools for military dependents, and the 185 schools operated by the Bureau of Indian Affairs for the education of American Indian children on reservations within the United States. Over decades, the BIA school systems have been the victim of neglect, and the price is now steep to make these schools safe and adequately equipped for today's students. Of the 185 BIA schools, most are in need of either major repairs or new construction at an estimated cost of over $2.4 billion dollars. The request for BIA School Construction is $300.5 million, the largest amount ever requested to build schools in Indian country. This is a $167.3 million increase over the 2000 funding level, an increase of 126 percent. The requested construction funds will be used to replace older, unsafe, and dilapidated schools on reservations. The schools to be built include the Tuba City Boarding School in Arizona, Second Mesa Day School in Arizona, Zia Day School in New Mexico, Baca Consolidated Community School in New Mexico, Lummi Tribal School in Washington, and Wingate Elementary School in New Mexico. These six schools have structural and code deficiencies that threaten student safety and are not equipped with modern educational tools. "Our children have been attending schools in buildings that are dangerous, and this must stop," said Gover, "The education of our children is so important and these buildings have been ignored for so long, that we cannot build new schools fast enough in Indian country." In addition to replacement school construction, the budget also includes an increase of $103.4 million to address critical health and safety concerns at existing education facilities. This request will fund maintenance and repair projects to reduce the backlog for needed repairs to BIA school buildings.

Improving the trust management systems is a major priority of this administration, and the FY 2001 budget requests reflect this commitment. No one wants the Trust Fund management system fixed more than the American Indian people of the BIA," said Assistant Secretary Gover, "We are requesting the money to do this job, and do it right." The FY 2001 budget request includes an increase of $35.1 million dollars to bring the total to $107.6 million. These additional resources are critical to ensuring that the accumulated trust management problems being corrected under the Department's High Level Implementation Plan do not reoccur. The budget requests $12 million for realty services to improve real property management and ensure timely processing of transactions including sales, acquisitions, patents in fee, rights of way, and surface and subsurface leases). Additional increases include $5.3 million to perform cadastral surveys, $2.2 million for real estate appraisals, $3.0 million for probate functions, and $4.8 million for the Land Titles and Records Office to ensure land records are kept current. For general Trust services, a $4 million increase is requested to provide technical support to Tribes, and an increase of $2 million is request to expedite the processing of Alaska Native allotments. In addition to these increases, an increase of $7.5 million has been requested to expand the successful Indian Land Consolidation program.

Improving law enforcement and public safety is a major concern for all of Indian country, and this year’s budget requests an additional $18.9 million increase for BIA Law Enforcement. These funds would continue efforts to strengthen core law enforcement functions on the reservations such as uniformed police, communications, basic detention services and detention officers. Since I have been here as Assistant Secretary, we have buried five police officers who were killed in the line of duty. All of these officers were on patrol alone, and I believe their deaths could have been prevented if we had enough resources to provide two cops for every reservation patrol car, or at least backup within a reasonable distance for every cop on the reservation. Our cops are doing heroic work, and far too often they are paying the ultimate price," stated Gover, All the memories of officers Hoskie Gene, Jack Spenser and Tenny Gatewood force us to be ever vigilant in getting enough resources for law enforcement in Indian country."

American Indian Tribes depend on the Tribal Priority Allocations (TPA) for basic necessities and programs critical to the quality of life and economic potential on reservations. The FY 2001 budget request funds TPA activity at $761.2 million, with program and uncontrollable increases of $60.5 million over FY 2000. Within TPA an increase of $16.3 million is requested for the Housing Improvement Program to provide critical low and no income housing repair and replacement services on reservations, and a $2.2 million increase is requested for scholarships to students seeking higher education. A $3.5 million increase for contract support funds for administrative expenses incurred by contracting Tribes are also requested.

Surrounded by more than 35 Cowlitz Indians from the State of Washington, Assistant Secretary - Indian Affairs Kevin Gover today signed the final determination to federally acknowledge their tribe. With 1,482 members, the tribe is located in southwestern Washington state. Historically its villages ranged a distance of 60 miles from the source to the mouth of the Cowlitz River, with an important center at the well-known landmark of the Cowlitz Indian Mission.

The tribe submitted a request for Federal acknowledgment to the Bureau of Indian Affairs on September 17, 1975. After the Federal Acknowledgment Project was established in 1978, the CIT's petition was transferred to it for evaluation under the Federal acknowledgment regulations (25 CFR Part 83).

Today, the Cowlitz Indian Tribe is an amalgamated group, combining descendants of the Salishspeaking Lower Cowlitz Indians and the Sahaptin-speaking Upper Cowlitz, or Taidnapam, Indians. Its representatives took part in the Chehalis River Treaty negotiations with Governor Isaac Ingalls Stephens in 1855, but refused to sign the proposed treaty because the Cowlitz Indians did not consent to be transferred away from their traditional territory to a federally established reservation. During the Indian War of 1855-1856, many of the Cowlitz supported the American troops. In subsequent years, agents of the Office of Indian Affairs recorded the tribe's members on census and other records, but the tribe continued to refuse placement on a reservation. Between 1855 and the end of the 19th century, such chiefs as Kiskox, Henry Cheholtz, Atwin Stockum, and Captain Peter were well-known leaders.

In 1904, the surviving traditional chiefs, in cooperation with younger members of the tribe, began the process of filing a claim against the Federal government for compensation for the taking of its land. This claim was finally resolved by an Indian Claims Commission judgment award in 1973. This award has not yet been disbursed, awaiting determination of the tribe's acknowledgment status.

In 1910, the tribe reorganized itself with elected officers and a board of directors. In 1919, Bureau of Indian Affairs special agent Charles F. Roblin wrote:

The Cowlitz tribe was a powerful tribe, . . . . They were independent, fearless and aggressive; and they refused to subordinate themselves to the white man by entering into a treaty with him. Their descendants have the same qualities which placed their ancestors in the position of leaders. They have been progressive and industrious, and there are very few of the present representatives of the tribe who are not in good circumstances. They have homesteaded lands, made good homes, raised families much above the average, are in good standing in the communities in which they live.

For many years after the structure was formalized in 1912, the chairman was chosen alternately from descendants of the Lower Cowlitz and descendants of the Upper Cowlitz. Through time, it has been called the Cowlitz Tribal Organization, the Cowlitz Tribe of Indians, and, since 1973, the Cowlitz Indian Tribe.

The tribe received a positive proposed finding in 1997, which today's final determination upholds. The decision becomes effective in 90 days providing there is no appeal filed before the Interior Board of Indian Appeals (IBIA).

Assistant Secretary - Indian Affairs, Kevin Gover has approved immediate distribution of $108 million to build roads and bridges on Indian lands proposed by the Transportation Equity Act for the 21st Century (TEA-21) Regulatory Negotiations Committee. The Assistant Secretary also set into motion a process for distributing the remaining funds within 45 days.

This funding process came out of a negotiated rulemaking started almost a year ago with the Bureau of Indian Affairs, the Federal Highway Administration and representatives from Tribal governments under the Transportation Equity Act for the 21st Century (TEA-21). TEA-21 provides for the federal government to enter negotiated rulemaking with tribal representatives to develop new regulations and funding formula for FY 2000 and following years, for road and bridge construction.

"I am pleased to see the Committee making progress on the funding for FY 2000. I am encouraged by this recent breakthrough in the negotiation process. I will continue to support the work of those dedicated tribal and federal members to providing me with a final formula and regulations that will help to strengthen the transportation program for all tribes," said the Assistant Secretary.

At the January 2000 monthly negotiated rulemaking committee meeting, Tribal committee members presented a consensus proposal that the Secretary of the Interior use the existing relative need formula for FY 2000 distributions. The full committee accepted the proposal by a consensus and presented it to the Assistant Secretary. Based on his consideration of and acceptance of the consensus proposal, Assistant Secretary Gover submitted a temporary rule for publication in the Federal Register to allow distribution of FY 2000 funds for construction and transportation activities in Indian country.

"The successful effort of the TEA-21 Regulatory Negotiations Committee in reaching consensus and publication of the temporary rule in the Federal Register was a team effort. It was not just one tribe, but was the team effort of the small, medium, and large tribes that made it successful," stated Pete Red Tomahawk, Tribal Co-chair of the TEA-21 Regulatory Negotiations Committee, and a member of the Standing Rock Sioux Tribe.

"I think it's a monumental accomplishment that after 11 months of disagreement we came to a unanimous consensus for an interim funding distribution beneficial to all Tribes. I am confident that now that FY 2000 has been addressed, the TEA-21 Regulatory Negotiations Committee will come up with a funding distribution that is equitable and fair for all Tribes across the nation. Without consensus on the Tribal Committee members' proposal, FY 2000 funding would have been further delayed. This distribution solution is not perfect, but it allows for Tribal decision making this year while the Committee continues to work toward a permanent funding formula. Without a tribal solution, the Assistant Secretary for Indian Affairs would have decided this year's funding distribution," stated Alex Cabillo, TEA-21 Regulatory Negotiations Tribal Committee member and tribal member of the Hualapai Tribe.

The temporary rule published on February 15, 2000, allowed the Assistant Secretary to distribute one-half of FY 2000 allocated funds immediately upon publication of the temporary rule. The funds were distributed using the relative need funding formula from fiscal years 1998 and 1999. The rule also provided for a 30-day comment period on the funding formula for distribution of the second one-half of the FY 2000 funds. Following consideration of comments, the Assistant Secretary will publish a second temporary rule for distribution of the rest of the FY 2000 IRR funds. All funds should be distributed by the end of March 2000.

Assistant Secretary - Indian Affairs, Kevin Gover announces that there is currently $59 million dollars available in loan guaranty authority to assist tribal and individual economic development projects and business ventures through the Bureau of Indian Affairs' Indian Loan Guaranty Program.

In 1974, Congress passed the Indian Financing Act to stimulate economic development by increasing Indian entrepreneurship and employment through the establishment, acquisition or expansion of Indian-owned businesses. The Indian Loan Guaranty Program is funded with authority to guarantee payment of up to 90 percent of a loan given to eligible American Indians and Alaska Natives who own or will own 51 percent or more of a business enterprise.

"On Indian lands across the country, there are rampant social problems directly related to the lack of opportunity. Currently half of the American Indian workforce is without jobs. But when business and economic development come to a reservation, an amazing thing happens. The social problems Indians have been struggling with begin to get smaller" stated Gover.

The Bureau of Indian Affairs' Indian Guaranty Loan Program facilitates access to credit obtained through approved lending institutions by guaranteeing repayment up to 90 percent of the loan value, this stimulates the supply of capital for Indian owned businesses that otherwise may not get funds. Tribes are eligible for loans guaranteed up to $5.5 million dollars. Individuals are eligible for loans guaranteed up to $500,000 dollars. Each entity must meet a 20 percent equity requirement to be eligible.

Very often, when tribes try to improve the lives of their members, they are met with opposition from every possible source," said Gover. By providing the Indian Loan Guaranty Program the BIA is trying to tear down barriers and move quickly to assist in the creation and upgrading of economic development projects." The Bureau of Indian Affairs provides technical resources that are channeled into the most cost-effective projects, and BIA staff work with tribes and individuals to identify and eliminate internal barriers to sound business practices. A Bureau of Indian Affairs credit committee meets monthly and considers every completed application within 30 days of submission. The Office of Economic Development has produced a CD-ROM training and information program and has gathered Internet tools that can help prospective loan guaranty applicants to better understand the requirements for participating in the program and to help them prepare the application.

In the past, the Indian Loan Guaranty Program has helped finance Indian-owned businesses in construction, cattle ranching, commercial fishing, air charter services, convenience/grocery stores, hotels/conference centers, office buildings, manufacturing and many other businesses.

Tribes and individuals are encouraged to contact local lending institutions or their local Bureau of Indian Affairs office to begin the process of a loan guaranty under this program.

More information on the BIA Indian Loan Guaranty Program can be accessed from the BIA web site located at www.doi.gov/bureau-indian-affairs.html. Click on the link to Economic Development.

The Department of the Interior published a final rule on governing review of per capita distributions in the Federal Register. The new regulation establishes procedures for the submission, review and approval of tribal revenue allocation plans for the distribution of net gaming revenues from tribal gaming activities. Assistant Secretary -Indian Affairs Kevin Gover in announcing these regulations stated, "These new rules will provide clarity and guidance to tribal governments in meeting the mandates of the Indian Gaming Regulatory Act."

The rule implements Section 11(b)(3) of the Indian Gaming Regulatory Act. The final regulation published March 17, 2000, is the result of an extensive process that began with the publication of a Proposed Rulemaking, published in the Federal Register in June, 1996 and an Extension of Comment Period published in March, 1997.

The Indian Gaming Regulatory Act includes a provision that mandates how net gaming revenues are to be used by the tribes. Section 2710(b)(2)(B) of the Indian Gaming Regulatory Act lists the following authorized uses:

• fund tribal government operations and programs;
• provide for the general welfare of the Indian tribe and its members;
• promote tribal economic development;
• donate to charitable organizations, or
• help fund operations of local government agencies.

The Indian Gaming Regulatory Act provides that net revenues from any Class II or Class III gaming activities conducted or licensed by any Indian tribe may be used to make per capita payments to members of the Indian tribe only if the tribe prepares, and the Secretary approves, a revenue allocation plan. The plan should provide adequate funding to tribal government operations and programs, promote tribal economic development, and protect the interests of minors and other legally incompetent people who are entitled to receive any of the per capita payments. The tribes also must alert recipients that the per capita payments are subject to federal income tax.

QUESTIONS AND ANSWERS

Tribal Revenue Allocation Plans ( 25 C.F .R. Part 290)

Q: What is a tribal revenue allocation plan?

A: It is the document that describes how a tribe will distribute net revenues from any tribal gaming for tribal use and how it will make per capita payments to members.

Q: What is the purpose of this rule?

A: The purpose of this rule is to establish procedures for the submission, review and approval of a tribal revenue allocation plan used to distribute per capita payments to members from net gaming revenues from tribal gaming activities.

Q: Why is this rule necessary?

A The Secretary of the Interior is charged with the review and approval of tribal revenue allocation plans. This rule is necessary to establish a method for the submission, review and approval of tribal revenue allocation plans.

Q: Who must submit a tribal revenue allocation plan?

A: Any tribe that intends to make a per capita distribution from net gaming revenues to tribal members must submit a tribal revenue allocation plan.

Q: Is a tribe required to make per capita payments to its members from net gaming revenues?

A: Tribes are not required to make payments to tribal members from net gaming revenues, but if the tribe chooses to make per capita payments it must comply with the requirements of the Indian Gaming Regulatory Act.