OPA

Assistant Interior Secretary for Indian Affairs Forrest Gerard today released the text of a telegram sent to Red Lake Chippewa Tribal Chairman, Roger Jourdain. Gerard says the telegram was sent to meet objections about a petition presented to the tribal council on October 12, 1979. The council, in Resolution Number I-80 rejected the petitions on grounds the original petitions on grounds the original petitions were not filed with the council. The council received only copies of the original.

"We made this minor concession to try to meet the council's objection, but this does not deter us from our original decision to withdraw federal recognition from the Red Lake Tribal Council if they fail to call an election as required by the petitions," Gerard said.

The text of the telegram, dated January 16, 1980 follows:

"Have received resolution No. 1-80 rejecting petitions delivered to secretary of the Red Lake Band on October 12, 1979, on grounds that the original petitions were notified. Since the council has had the petitions for three months and has now ruled them invalid solely on the grounds that the original petitions were not filed with the tribal council, I believe that the tribal council is prepared to go forward with the references requested in the petitions as soon as the original petitions are filed. I am therefore directing the acting superintendent to work with the petitioners to get the original to you.

If within ten days of having received the original petitions, the tribal council does not call for a proper election on the issues raised by the petitions to be conducted not less than 60 days from the council's receipt of the petitions, my fear that the tribal government process has ceased to function on the Red lake Reservation which I expressed to you in my telegram of December 19, 1979, will have been confirmed beyond all doubt.

The department will have no choice at that time but to withdraw immediately recognition of tile tribal council."

Interior Secretary Cecil D. Andrus today announced that public hearings on fishing regulations governing Michigan Indian tribes have been scheduled "because the matter is one of importance and controversy in Michigan."

Andrus said that public participation through the hearings, to be held February 20 at Sault Ste. Marie and February 22 in Lansing, "can assist us in evaluating the regulations for the 1980 season."

Following a U. S. District Court ruling in May 1979 that the State of Michigan does not have the authority to regulate the exercise of treaty fishing rights, the Interior Department in November published Federal regulations which took effect immediately as an interim rule to govern the remainder of the 1979 fishing season.

These regulations were developed under a memorandum of understanding with the involved tribes. In this memorandum the tribes agreed to develop one joint comprehensive set of fishing regulations which the Department agreed to review and promulgate as Federal regulations if they sufficiently protected the fishing resource. Both the U. S. Fish and Wildlife Service and the Michigan Department of Natural Resources were consulted in the process.

The interim regulations, published in November, established a 60-day public comment period for possible changes for the 1980 season. This period has been extended to March 3, 1980. Comments should be sent to the Associate Solicitor for Indian Affairs, Department of the Interior, 18th & C Streets, N.W., Washington, D. C. 20240.

Andrus said he considered the memorandum of understanding with the tribes and the resulting regulations as "significant steps forward in protecting the fishery resource for all users while fully implementing treaty fishing rights."

"We realize, however, that there are long-term resource concerns, such as lake trout management and the prospects for gear conversion, which need to be discussed more fully among the Department, the state and the tribes, and that adjustments to the regulations for the 1980fishing season may be advisable," he added. Sports fishermen and others in Michigan have sought through litigation and political pressure to bring the tribes under state regulations. Andrus said that under the decision rendered by U. S. District Judge Noel Fox in May, the primary regulatory authority over treaty fishers is the tribes themselves, with the Interior Department having a residual authority to step in to preserve the resource.

"We do not have the authority to impose the state's management philosophy, or resource allocation decisions on the tribes," Andrus said. "We can only regulate to protect the resource." He said he was pleased with the responsible approach taken by the tribes in the development of the interim regulations, but said the Department would amend the regulations unilaterally if necessary to ensure conservation. Notice of the hearings and extension of the comment period is being published in the Federal Register. Persons desiring to testify and those seeking additional information about the hearings should contact the Bureau of Indian Affairs, Minneapolis Area Office, 831 Second Avenue, South, Minneapolis, Minnesota 55402,612/725-2904.

The Bureau of Indian Affairs has asked Congress for Federal funding of $1.011 billion for Fiscal Year 1981, an increase of approximately $5 million over 1980 funding.

For the operation of Indian programs, the Bureau requested $823.3 million, which includes $264.7million for education programs; $221.2 for Indian services; $74.6 for economic development and employment programs; $80.1 for natural resources development; $44.1 for trust responsibilities, and $138.6 for general management and facilities operations.

The balance of the request includes $93.6 million for construction of buildings, utilities and irrigation systems; $59.4 million for road construction; $30 million for Alaska Native Claims. Settlement, and $5 million for the Northwest Indian fisheries.

An increase of $19 million wa1 requested for Indian services. $4.3 million of the increase will be for social services related to provisions of the Indian Child Welfare Act. The increased funding will also provide for meeting the needs of newly recognized Indian tribes and strengthening Indian tribal courts.

Bureau education programs will have a decrease of $7 million, with the largest part of this, $3.9 million, coming from the funding for tribally controlled community colleges.

For natural resources development, the Bureau has requested an increase in $6 million for forestry and agriculture programs.

The $5 million requested for the Northwest Indian fisheries fund would be the first increment of a $15 million fund to assist Indian tribes or corporations in the northwestern states to modernize and develop treaty-tribe fishing operations under proposed legislation.

A Special two man negotiating team has been appointed by Acting Deputy Assistant Secretary Sid Mills to help settle the current governmental crisis on the Red Lake Reservation in northern Minnesota

The team members are former Bureau of Indian Affairs Commissioner Robert L. Bennett and Graham Holmes, a retired BIA official. Holmes will be dispatched immediately to Red Lake to begin consulting and planning with the tribal governing body, the petitioners and other Red Lake citizens.

In a telegram to Tribal Chairman Roger Jourdain, Mills said, "I am appointing a special two man team to work with you and the council as well as with the petitioners and other segments of the Red Lake population in an effort to reach agreement among differing Red Lake factions and make recommendations leading to remedies of the immediate problems that plague the reservation during the current governmental crisis.

"The special two man team will have the full faith, trust and backing of my office. They will report directly to the Office of the Assistant Secretary of Indian Affairs. In view of our decision to appoint the above team, the ten day deadline for council action imposed in Assistant Secretary Gerard's wire of January 16 is temporarily lifted pending a report and recommendations from the Bennett-Holmes team.

"The continued recognition of the present tribal government will depend upon your full cooperation and good faith efforts in working with this special team and taking of appropriate action on matters at issue. I reserve the right at any time, however, to withdraw recognition on twenty-four hour notice if such cooperation is not forthcoming from the council."

A plan for the distribution and use of $6 million awarded to the Chiricahua Apache Tribes oy the United States Court of Claims is being published in the Federal Register, Commissioner of Indian Affairs Kallett said today.

According to the plan, approved By Congress and made effective December 20, 1979, 69 percent of the award will go to the Mescalero Apache Tribe of New Mexico and the remaining 31 percent to the Fort Sill Apache Indian Tribe of Oklahoma This distribution is based on a 1913 census.

The Fort Sill Tribe will distribute 80 percent of their share on a per capita basis to tribal members Of the remaining 20 percent, $150,000 will be used for tribal land acquisitions, $50,000 set aside for tribal attorney fees, $50,000 programmed for maintenance of tribal property and facilities, and the balance invested for future tribal needs.

The Mescaleros will distribute $1,000 to each tribal member. They will use $500,000 for the construction of a new community auditorium, put at least $666,000 in a tribal investment fund and allot $100,000 for various tribal needs, including the purchase of musical instruments and a fund to pay the salaries of a summer public works crew.

The establishment of an Administrative Services Center for the Bureau of Indian Affairs in Albuquerque, New Mexico, was announced today by Commissioner of Indian Affairs William E. Hallett.

The Center will combine four separate administrative processing units from offices in Albuquerque and a management planning function of the Central Office. The Center will be a central location for the Bureau's Automatic Data Processing (ADP) systems development and administrative support.

Commissioner Hallett said the establishment of the Center is part of the BIA's overall management improvement. He said that the new single unit will provide better coordination of administrative services, instead of the four different programs of the past. The Center is designed to streamline the Bureau's system for processing of paperwork.

"The organization of the Administrative Services Center is a vital step towards increasing the BIA's ability to provide quicker and more responsive services to the Indian people and to the tribal governments," said Hallett.

The Bureau is developing a new state of technology ADP system. The Center would be the focal point for this information network between the Central Office, the Area Offices, and the Agency level offices.

The Center will bring together in one unit the ADP policy planning staff, the Division of ADP services, Administrative Systems Task Force Office, a property inventory services unit, and the Field Administration Office.

Secretary of the Interior Cecil D. Andrus today announced the Justice Department will not seek offsets against future monetary awards in Indian claims cases f or federal monies paid out under the Indian Self-Determination Act

"I was concerned that the tribes not be made reluctant to take over the responsibilities for many of the programs in operation on their land," said Andrus. "The provisions of the Indian Self-Determination Act easily could be frustrated if the trade-off for self-determination is a cloud over pending tribal claims."

In a letter dated February 1, 1980, Secretary Andrus urged the Department of Justice to exercise its discretion by not claiming self-determination funds as offsets under the 1946 Indian Claims Commission Act. This act allows the United States to offset "funds expended gratuitously" by the federal government for the benefit of Indian tribes against any monetary award made in a claim against the United States.

The question arose in connection with a recent Turtle Mountain Chippewa claim award against which millions of dollars given to the tribe might have been offset as grants under the Indian Self-Determination Act. Justice has decided not to offset claims for self-determination money in this case and has stated that it will not claim such offsets in future cases.

Under the 1975 Indian Self-Determination Act, Indian tribes could contract with the Bureau of Indian Affairs to take over programs in operation on their reservation land. Such programs range from health services, schools and welfare programs to law enforcement, fish hatcheries and forestry. If a tribe is not ready to assume operation, grants are available to train and otherwise prepare the tribe for eventual take over.

Massive repudiation of the self-determination program by Indian, tribes as a result of offsets in claims awards could cause serious manpower and monetary repercussions for the Bureau of Indian Affairs, as w ell as deny the tribes these management opportunities, BIA officials said.

The Bureau of Indian Affairs, which has announced its intention to do an environmental impact statement on a proposal to allow commercial harvesting of anadromous fish on the Hoopa Valley Indian Reservation in northern California, has scheduled a series of 1 meetings in the area, December 7-14 to identify significant issues related to the proposed action and to determine the scope of the study.

BIA officials expect the draft EIS to be prepared and available for public review by the end of March, 1982.

Information concerning the public meetings, the proposed action, draft EIS or submission of written comments is available from Donald B. Knapp, Bureau of Indian Affairs, Cottage Way, Sacramento, California.

The schedule of public meetings is as follows : December 7, 1:00p.m., Bureau of Indian Affairs, Salmon Blvd. Klamath, California; December 7, 7:00p.m., Cultural Convention Center, Front and "K" Streets, Crescent, California; December 8, 1:00 p.m., Ramada Inn, Valley West Blvd., Arcata, California; December 9, 1:00 p.m., and 7:00p.m., Bureau of Indian Affairs, Loop Road, Hoopa, California; December 9, 7:00p.m., Jack Norton School, Pecwan, California; December 10, 1:00 p.m., Karok Tribe, Community Building, Orleans, California; December 10, 7:00p.m., Weitchpec Elementary School, Weitchpec, California; December 11, 7:00p.m., Happy Camp Elementary School, Happy Camp, California; December 1 1:00p.m., and 7:00p.m., Siskiyou County Court House, 311 Fourth Street, Yreka, California, December 1 7:00p.m., Civic 6484-439 Defense Hall, Weaverville, 2800 California.

A top Interior Department official from Washington, D. C. will be in Northern California December 1-3 to meet with state officials, Indian leaders and others about the management of the Klamath River fishery on the Hoopa Valley Indian Reservation.

Deputy Assistant Secretary Roy Sampsel said the meetings would "provide opportunities for identifying problems and seeking coordinated approaches to improved management of this important resource.

Sampsel will be on the reservation December 1 and 2 to meet with staff of the Bureau of Indian Affairs and the Fish and Wildlife Service as well as representatives of the Hoopa and Yurok tribes. On December 3 he will be in Sacramento for meetings with representatives of the Governor's office, the California Fish and Game office, and the Pacific Fishing Management Council.

"We have a great concern," Sampsel said, "for the continued strength and viability of the Klamath fishery. We will be meeting with others who share this concern. I think that should be useful."

John W. Fritz, senior corporate counsel for Minnesota Mining and Manufacturing Company, has been named Deputy Assistant Secretary for Indian Affairs, Interior Secretary James G. Watt announced today.

Fritz, 33, will manage the day-to-day operations of the Bureau of Indian Affairs in his new Senior Executive Service (SES) position and will serve as one of two deputies to Assistant Secretary for Indian Affairs Kenneth L. Smith. Fritz is a member of the Cherokee Tribe of Oklahoma. ''We consider ourselves fortunate to find a person with the background and qualities of Mr. Fritz," Watt said. "This administration is committed to establishing a strong record in Indian affairs and I feel certain Mr. Fritz will be able to provide the kind of leadership and managerial expertise we need to fulfill our vital mission of responsibility to American Indian tribes."

He joins Roy H. Sampsel, who is Deputy Assistant Secretary for Policy, working directly under Smith.

After graduating from the University Of Minnesota Law School in 1973 Fritz joined the 3M company in its office of general counsel in St. Paul, Minnesota; he was elevated to senior attorney last August.

In the summer of 1971, Fritz was employed as a law clerk in the Interior Field Solicitor's Office at Fort Snelling, Minnesota, and in the summer of 1972 worked with the Interior Department's Indian Civil Rights Task Force in Washington, D. C.

Fritz is also a graduate of South Dakota State University at Brookings, South Dakota. His father, Eugene Fritz, was a noted athlete at Haskell Indian Institute in the 1930s and later became an educator and guidance counselor.

Following his graduation from law school in 1973, Fritz served in the U. S. Army at the Southeastern Signal School at Fort Gordon, Georgia, and is currently a Captain in a reserve unit, the Military Intelligence Corps, 523rd U. S. Army Security Agency in Minnesota.

He is a member of the American Bar Association, Federal Bar Association, American Indian Bar Association, and Minnesota Bar Association. He is also a member of the Minnesota State Board of Law Examiners and the Minnesota State Bar Advisory Council. He was on the University of Minnesota Law School Dean Search Committee and is presently on the Board of Directors of the American Indian Lawyer Training Program and a member of the Governing Board of the American Indian Law Reporter.

Secretary of the Interior James Watt today awarded 23,000 timbered acres on Admiralty Island in southeast Alaska to the Sitka-based Shee-Atika Native Corporation in satisfaction of its selection rights under the 10-year-old Alaska Native Claims Settlement Act.

"This land transfer fulfills Interior Department obligations set forth by two separate Acts of Congress," Watt said. "The 1971 Native Claims Settlement Act gave this group of Tlingit Indians entitlement to 23,000 acres of land to be selected by their Native Corporation. Selection was frustrated by years of delay, as opponents filed repeated protests and appeals against Shee-Atika's original selection at Hood Bay on Admiralty Island.

"Eventually Shee-Atika was offered a different tract by Congress, this one on the northwest side of Admiralty Island, but the administrative obstacles continued. In passing the Alaska National Interest Lands Conservation Act of 1980, Congress specifically mandated the Secretary of the Interior to convey the selected lands to this corporation. We were ready to comply last August, but the Sierra Club and other opponents took their complaints to two administrative appeal boards. Finally, last week we exercised our jurisdiction at Shee-Atika's request to dismiss the appeals, and thereby cleared the matter for the action taken today."

Watt noted that Admiralty Island contains about 1 million acres, of which some 90 percent was formally designated wilderness by the 1980 law. The conveyance signed today implements Section 506 of that legislation.

"This decision exemplifies the kind of balance that must be struck between preservation and human needs," Watt said. "With the overwhelming majority of the island protected under law as wilderness, we also had to consider our obligation to the original Alaskans who live in that region and who depend upon its natural resources for a livelihood for themselves and their descendants."