OPA

The Department of the Interior announced today that it will deny requests to take off-reservation Indian lands into trust status for the purpose of establishing bingo or other gaming enterprises which do not conform with state and local laws. Assistant Secretary for Indian Affairs Ross Swimmer said, "We do not oppose tribal bingo operations on established reservations, but we do not think it is desirable -- or in the tribes' best interests -- to establish small, satellite bingo reservations in or near urban areas. When a reservation or trust land is viewed as tribal homelands, the traditional concept, the special status and laws affecting that land and the tribes make sense. If you distort that concept for the purpose of some quick economic benefits, the whole system is endangered."

The Department is currently holding a number of applications from tribes requesting that land be taken into trust expressly for the purpose of setting up a bingo operation. "If that is the intended use of the land, those requests will be denied," Swimmer said. The Secretary of the Interior is vested by statute with broad discretionary authority to accept land in trust for individual Indians or Indian tribes, within or without existing Indian reservations.

However, the Secretary must consider, the impacts and wisdom of acquiring land in trust for the purpose of extending jurisdictional immunities beyond present reservation boundaries. The new policy preserves the opportunity for off-reservation land to be acquired in trust on a case-by-case basis for purposes such as housing and other, non-gaming business ventures.

Swimmer said the Department and the Reagan Administration supported federal legislation allowing the continued operation of high-stakes bingo on Indian reservations. He added that regulations to ensure that the tribes would be the principal beneficiaries of the games were needed. "In too many situations the professional promoters of the games, or other individuals, are making most of the money," Swimmer said.

"The tribe should be getting the money and using it for tribal governmental purposes." "We are concerned," Swimmer said, "with protecting existing tribal sovereignty and governmental authority in Indian Country."

Patricia S. Keyes, a regional representative for the Department of Transportation since 1981, has been appointed as field operations officer by Interior Assistant Secretary Ross Swimmer to serve on his staff as a coordinator and liaison with several of the Bureau of Indian Affairs (BIA) 12 area offices. She will also be responsible for relations with public and governmental organizations within those areas.

"I am pleased to have a person with Keyes' abilities and background join my staff,” Swimmer said. “She will be an important link between the tribes, the field offices and the central office of BIA.” Swimmer became acquainted with Keyes during his work as co-chairman of the President's Commission on Indian Reservation Economies in 1984. She served as a Department of Transportation liaison to the Commission and provided information on road building on reservations and potential job markets that could be created.

Swimmer said that during his long tenure with the Cherokee Tribe in Oklahoma he sensed an inability to get tribal projects from the agency office to the area office and on to the central office of BIA. "I see Keyes as being that link or liaison that can work with tribes and field offices to see that tribal projects and priorities are developed and communicated to the correct offices, at both the area level and in the central office.

“I believe that with Keyes' past experience in working as a liaison person, she can effectively be the link that can make our system work better for all concerned,” he added.

Keyes, a native of Ohio, represented the Secretary of Transportation in federal regions VII and VIII, a total of ten states in the central plains and Rocky Mountains with headquarters in Kansas City. She functioned as a liaison with other federal agencies, state and local governments, the private sector and individual citizens.

She also was chairman of the Federal Regional Council in Kansas City 1981-83. Prior to her work with the Transportation Department, Keyes worked for six years with the Republican National Committee in Missouri. Swimmer said that in the near future he will appoint a second field operations officer to work with those tribes not covered within Keyes' jurisdictional area.

Ross Swimmer, Assistant Secretary for Indian Affairs in the Department of Interior, announced today a realignment of his office and the headquarters structure of the Bureau of Indian Affairs (BIA)

A Secretarial Order signed March 18, creates four deputies for Swimmer -- each with specific areas of responsibility in (1) Tribal Services; (2) Education; (3) Trust and Economic Development; and (4) Operations. The order establishes a direct chain of command from the new deputies to the Assistant Secretary by abolishing two former deputy positions.

Swimmer said the changes were made to strengthen the headquarters management of the Bureau by giving the program directors immediate access to the Assistant Secretary and giving new emphasis to their roles in the development of critical policy guidance." He added that the BIA's top field officers, the 12 area directors, would report directly to the Assistant Secretary.

Swimmer's new deputies and their areas of responsibility are:

-- Hazel Elbert. Tribal Services, all functions, programs, and activities assigned to the Office of Indian Services except those assigned to the Division of Financial Assistance (BIA's loan and business development programs) which is transferred to the new office of Trust and Economic Development.

-- Henrietta Whiteman. Education, all functions, programs, and activities assigned to the Office of Indian Education Programs.

-- Frank Ryan. Trust and Economic Development, all functions, programs, and activities assigned to the Office of Trust Responsibilities and those of the Division of Financial Assistance assigned to the Office of Indian Services.

-- Ronald L. Esquerra, Operations, acting principal Deputy in the management of activities, responsibilities, and functions which extend across each directorate and is responsible for all functions, programs, and activities assigned to the Offices of Administration. Data Systems, and facilities Management. He has been serving as the acting deputy assistant secretary.

The appointments of Elbert, Whiteman, and Ryan as program directors for the Bureau were announced in January by Swimmer, who took office in December, 1985. Swimmer said the Bureau's offices of Public Affairs (public information), Congressional and Legislative Affairs. and Equal Opportunity would report directly to him.

The Department of the Interior announced today plans to contract for services to strengthen internal management and administration of more than $1.5 billion of Indian trust funds. Ross Swimmer, Assistant Secretary for Indian Affairs, said that sound administration of the trust funds is one of Interior's paramount Indian trust responsibilities. He said that after assessing the consequences of further delay that he, as the manager for the trustee, decided to move ahead and take immediate steps to improve federal management of the funds.

Swimmer said the services in the contract will be directed at streamlining the collection process through use of a lock-box facility, concentrating funds more quickly into the U.S. Department of Treasury accounts for investment, improving accountability and reporting to Indian beneficiaries and the government as trustee, and strengthening investment management. "I want to assure you," Swimmer said in a letter to all tribal chairman, "that this procurement will not restrict or negatively affect any existing tribal or individual Indian right or relationship to the funds."

The Secretary of the Interior has broad responsibilities in managing Indian trust funds, including collections, accounting, investment, and certification of disbursements to Indian beneficiaries. Collections are deposited through the banking system into Treasury accounts specified for Indian trust funds. Treasury maintains the trust fund cash accounts and disburses the funds upon Bureau of Indian Affairs (BIA) request. BIA manages investment of the funds in securities and maintains accounts to reflect tribal and individual Indian interests in funds invested and funds held by Treasury.

Swimmer said that more than two years ago the BIA obtained an independent evaluation of its trust fund operation by a nationally known accounting firm and has considered numerous audits and reports concerning the funds. In response to a request for information published by the Bureau last year, a wide range of materials has been received on private sector capabilities to assist in management of Indian trust funds.

He said the Treasury Department had been especially helpful in assessing how the government might strengthen its Indian trust fund operation.

"There is no likelihood that the federal government could effectively duplicate the needed mechanisms already available in the private sector," Swimmer said.

All activities and decisions required by law of the government as trustee will continue to be performed by the government, including control of investment decisions, and the service contract will not restrict or negatively affect any existing tribal or individual Indian right or relationship to the funds.

Swimmer said the services to be procured through the contract will be designed to enhance rights of and services rendered to Indian beneficiaries by better accountability, more frequent and detailed reporting on the status of funds, a modernized collection process and a firmer investment operation.

He told the tribal chairmen in his letter that he would keep them informed of the steps taken in the months ahead.

The more than $1.5 billion in trust funds are held by the United States as trustee for the benefit of Indian tribes or individuals. In many instances the funds were awards to the Indians as compensation for land claims or as damages for other past wrongs. The funds also represent income from trust lands -- oil and gas revenues, timber sales and the like.

Ross Swimmer, Assistant Secretary for Indian Affairs in the Department of Interior, today announced revised guidelines for Bureau of Indian Affairs (BIA) review of tribal bingo management contracts and asked Indian tribes that are presently operating with unapproved contracts to submit them for review.

Previous guidelines provided that review and approval by the BIA would be at the option of the tribes

"It is now the Department's policy to exercise its authority to review tribal bingo management contracts in all cases,” Swimmer said. ''This fully implements the policy established in Interior Secretary Don Hodel's letter of August 6. 1985. to the Governor of the Pueblo of Santa Ana concerning the Pueblo's proposed pari-mutuel dog racing enterprise."

In a letter to all tribal chairmen with a copy of the new guidelines, Swimmer said that tribes conducting bingo under an unapproved bingo management contract were at risk that someone may file suit to have the contract nullified. He said that federal courts are continuing to hold that 25 U.S. Code. Section 81 makes tribal bingo management contracts null and void unless they are approved. He said the law also authorizes anyone to file suit in the name of the United States and, if successful to recover half of any money paid to any person by or on behalf of the tribe.

"For your own protection,” Swimmer continued, "you should submit your contract for review if you have not done so." He recommended that tribes review contracts under the new guidelines with the management companies and attempt to bring the contracts into conformity prior to submitting them for review by the Bureau.

Three new provisions of the guidelines cover possible conflicts of interest. One provides that “no elected member of the tribal government or relative in the immediate household of an elected member of the tribal government may be an employee of the contractor or of the bingo enterprise.” Another calls for contract language stating that no payments have been made (or will be made) to any elected member of the tribal government (or their relative[s]) for the purpose of obtaining or maintaining the contract or any other privilege for the contractor. A third provides that no party having an interest in the contract may be an elected member of the tribal government or a relative thereof.

Among the other contract provisions required by the revised guidelines are:

(1) An accompanying resolution setting forth the scope of authority of the tribal officials signing the contract on behalf of the tribe;

(2) A fixed limited time to run, which must be distinctly stated (usually not to exceed five years unless there is provision for renegotiation of the management fee);

(3) Amount or rate per centum of the contractor's fee and method of computation;

(4) That the tribe has the right to inspect the contractor's books and to secure an independent audit at any time;

(5) Specifically state whether assignments or subcontracts will be permitted;

(6) Prior to approval of any contract names of all members of the management firm must be submitted to the FBI for name and record checks;

(7) Require contractor to furnish monthly statements showing revenues and expenses and provide tribe with its portion of the proceeds;

(8) That the contract should be reviewed for legal sufficiency by the regional or field solicitor's office; and

(9) Require the establishment of a cash management system adequate to safeguard the funds of the operation with provisions that the tribe has the right to oversee the system.

Authority for approval or disapproval of contracts for bingo remains at the area office level while contracts for gambling other than bingo will be reviewed in Washington.

Assistant Secretary Ross Swimmer said today he will initiate on June 2 a program to bring Bureau of Indian Affairs agency superintendents to Washington, D.C. for a three-week intensive orientation on the Bureau's headquarters operations

A priority will be given to selecting new and less experienced superintendents for enrollment in the program.

"As a part of my efforts to improve the management of the Bureau, I want to expose our frontline managers -- the agency superintendents who work directly with Indian tribal governments -- to the Washington headquarters operations so they can attain a greater understanding of the organizations’ missions, policies, programs and administrative processes from a Bureau-wide perspective," Swimmer said. "I would expect that the headquarters’ managers will likewise learn from the experience of the superintendents.”

Swimmer said the information learned during the orientation will enable superintendents to be more responsive to tribal governments. "I want the managers of the Bureau to make informed decisions at the lowest organizational level possible, and not merely pass forward the decision responsibility to the next higher organizational level." He said that in those instances where a higher authority is responsible for a decision, "I want sound analysis to come forward so that expeditious and responsible decisions can be made and responses given to tribal governments."

Three superintendents per month will be assigned to Washington. The orientation is designed to assure that participants Rain a basic knowledge and understanding of the Bureau's trust and service responsibilities, its administrative authorities and procedures and management practices.

During their assignments the superintendents will spend time with the Assistant Secretary and his Deputies for Trust and Economic Development, Tribal Services, Education and Operations.

With the touch of a key, the Interior Department's Minerals Management Service (MMS) recently opened a computer information network to states and Indian tribes receiving mineral royalties.

The State and Tribal Support System (STATSS), gives participating States and tribes access to mineral revenue information maintained at MMS's Royalty Management Program accounting center in Lakewood, Colorado. Through government-provided computer terminals, 18 state and tribal offices have been linked to the MMS system since April 30, the date the system was opened.

"With time, perhaps a year, we hope to extend the system to many more participants," said Jerry D. Hill, MMS Associate Director for Royalty Management.

MMS is providing a training program for users of the computer equipment, and will set up a 24-hour hotline that users can call for assistance.

"Brought in under budget and on schedule," Hill said, "this first phase of STATSS should assist us all in our cooperative auditing efforts and improve understanding and communications. The information access should also trigger discovery of additional revenues. It was designed to meet the needs of its users."

The Department of the Interior, through MMS, is responsible for collecting, accounting for, and disbursing revenues from mineral leases on federal and Indian lands. States are entitled to a share of the bonuses, rentals, and royalties collected within their borders. After deduction of windfall profit taxes, states and the Federal Government equally divide the remaining revenues. One exception is Alaska, which receives a 90-percent share. Indians receive 100 percent of the revenues collected from their lands.

While the initial phase of STATSS is limited to information from MMS's principal accounting system, additional functions and information systems will be made available later.

States currently participating in STATSS are Alaska, California, Colorado, Montana, New Mexico, North Dakota, Oklahoma, Utah, and Wyoming. Participating tribes include Blackfeet, Cheyenne-Arapaho, Fort Peck Tribes, Navajo, Northern Arapahoe, Northern Ute, Shoshone, Southern Ute, and Ute Mountain.

The Bureau of Indian Affairs (BIA) today issued requests for proposals for a model business development center to serve Indian tribes and individuals. The center would be expected to provide management and technical assistance, including help in obtaining private sector financing, for starting or expanding private businesses beneficial to Indian reservation economies.

"This initiative is an effort to shift the focus away from government projects to private ventures for building up reservation economies and providing needed jobs," Interior Assistant Secretary for Indian Affairs Ross Swimmer said. "We want to leverage available federal funds by combining them with tribal and private resources to further the growth of private, for-profit businesses. Past programs have been centered on tribal enterprises which too often have been run like governments rather than businesses."

Swimmer said that a pilot center could be expected to need federal start­up assistance but should be, in the long run, a viable, independent, revenue-sufficient alternative to government-sponsored business technical assistance programs.

Models proposed under the request may be for a national or regional center or for a demonstration center. The BIA has indicated that it might accept more than one proposal.

Evaluation of criteria will include how well a proposal deals with "identifying business opportunities, market-led growth opportunities, linkages with private sources of capital, business planning, restructuring of unprofitable business, equity participation and cost sharing."

Other factors will be personnel and organizational qualifications; replicability and adaptability of the proposal; budget and cost effectiveness and demonstrated experience in Indian business development.

Announcement of the request for proposals was published 1n the Commerce Business Daily on May 5, 1986.

For further information contact Peter Markey, BIA Contracts and Grants, Room 17, 1951 Constitution Avenue, N.W., Washington, D.C. 20245.

Assistant Secretary for Indian Affairs Ross swimmer departs Sunday on a 15- day trip to Indian Country that has him visiting 26 Indian reservations and meeting with more than 125 Indian tribes.

"Since I was sworn in about six months ago, I have spent most of my time in Washington involved in putting my ·staff together and working on administrative matters. This trip will be the first opportunity I have to get out and visit with many Indian tribal governments and talk with them about the issues in Indian Country," Swimmer said.

He will be visiting Indian reservations and tribes in the states of New Mexico, California, Nevada, Oregon, Washington, Montana, Minnesota, North and South Dakota, Iowa and Nebraska.

Swimmer's first meeting will be June 9 in Ruidoso, N.M., with the Mescalero tribal council. Later in the day he will meet in Albuquerque with the Colorado Utes, the All Indian Pueblo Council, Jicarilla Apache and Navajo Ramah tribes. The evening of June 9 he will be in San Diego, California for a dinner meeting with the Bureau of Indian Affairs (BIA) agency superintendents from the Sacramento area office.

Following are the additional dates and places Swimmer will be visiting: June 10, San Diego and visits to the Indian reservations of Viejas, Barona, Mesa Grande, Santa Ysabel, La Jolla, Rincon, Pala and Pechanga and meetings with the Southern California Tribal Chairmen's Association. Travel to Reno for meeting with the Western Nevada tribal leaders.

June 11, Visit the Pyramid Lake reservation, travel to Sacramento for meeting with BIA employees and meet with the Northern California Agency BIA employees in Arcata; meet with Northern California tribal leaders in Arcata. June 12, Travel to Portland, Oregon for meeting with BIA employees; meet with tribal leaders from Oregon, Washington and Idaho in the Portland area office and travel to Yakima reservation.

Assistant Secretary Ross Swimmer today emphasized there will be no action by the federal government next month to forcibly remove Navajo families from land belonging to the Hopi Indian Tribe in Arizona.

"There will be no federal action to evict the Navajos remaining on the Hopi partitioned lands on July 6," Swimmer, Assistant Secretary for Indian Affairs, said. “Apparently, some people are unaware that Congress has recognized that we cannot meet a July 6 deadline for completing relocation in the Navajo-Hopi settlement. Yet we continue receiving calls from the media and from individuals who mistakenly believe there will be a confrontation on the issue next month."

Legislation enacted in 1974 to settle a land dispute between the Hopi and Navajo tribes required the relocation of many Indians. In 1981, a deadline of July 6, 1986, was set for completion of the relocation, but Congress last December recognized that it would take longer to complete the resettlement of Navajo families still remaining on Hopi partitioned lands.

"Congress has told us that none of the Navajo families now living on lands partitioned to the Hopi Tribe can be relocated until such time as replacement housing has been provided for them," Swimmer noted. "And Congress al located about $22 million for the BIA to construct housing for Navajos yet to be relocated."

Swimmer said the Bureau of Indian Affairs (BIA) is working closely with the Navajo and Hopi Indian Relocation Commission under an agreement put into effect on February 25, 1986, to complete the relocation. The Commission was created by Congress as the primary agency for relocation.

"The BIA policy is to pool our expertise with that of the Commission to complete the job," Swimmer said. "We are not attempting to replace the Commission. We have a partnership in the commitment to see that the Navajo families are provided appropriate housing, useful counseling and other assistance necessary for an improved lifestyle in their new locations."

Congress specified that the BIA construct houses on what is known as "new lands" -- some 250,000 acres of land given the Navajo Tribe by the federal government and 150,000 acres of land purchased by the Tribe.

The Commission continues to have responsibility to construct relocation housing for those Navajos who choose to relocate on the previously existing Navajo Reservation lands or at an off-reservation site.

Swimmer, who visited the area where most Navajos awaiting relocation are residing said he believes that nearly all of them will agree to move when they are assured that appropriate housing and grazing lands will be available.