OPA

Secretary of the Interior Manuel Lujan and Chairman Merlyn Dixon of the Fallon Paiute-Shoshone Tribes of Nevada today signed agreements settling water disputes dating back to the early years of this century.

"The agreements mark a big step forward toward final resolution of the dispute between the Fallon Paiute-Shoshone Tribes and the U.S. Government," Lujan said. "This will allow the Tribes and the U.S. Government to put the conflicts of the past behind them, and work toward a better future." The agreements will implement provisions of the Fallon Paiute-Shoshone Tribal Settlement Act which includes a million endowment fund for the tribe. The $43 million is to be paid in installments over a six-year period. The tribes can use interest from the fund for economic development and other purposes. Up to 20 percent of the fund can be loaned to the tribes for certain purposes but must be repaid.

The agreements settle disputes that arose from construction of the first major Federal reclamation project, The Newlands Project of 1902.

Secretary of the Interior Manuel Lujan today announced the appointment of Dr. Jonathan Haas as the seventh member of the Native American Graves Protection and Repatriation Review Committee. Haas is Vice President for Collections and Research at the Field Museum of Natural History in Chicago. He joins Rachel Craig, Dan Monroe, Tessie Naranjo, Dr. Martin Sullivan, William Tallbull and Dr. Philip Walker as members of the committee. Lujan selected Haas from a list of nominees developed by members of the committee at their first meeting April 29-May 1 1992, in Washington, D.C

The committee was authorized by Congress to monitor, review and assist in the implementation of certain requirements of the Native American Graves Protection and Repatriation Act of 1990. It will advise the Secretary of the Interior on regulations needed for implementing the law and other matters, including resolution of disputes caused by the requirements of the statute.

Secretary of the Interior Manuel Lujan announced today that an agreement in principal has been reached with Barron Collier Company on the terms and conditions for closing on the Phoenix Indian School land exchange. In exchange for approximately 88 acres of the former Phoenix Indian School site in Phoenix, Arizona, the Federal Government acquire about 108,000 acres of Florida wetlands important to protection of the Everglades and fish and wildlife resources in that area. Collier also will be required to make a $34.9 million payment for an Indian education trust fund The Interior Department and Collier have agreed to complete and sign documents by October 9, 1992, which will require the company to close on the land exchange in four years or less.

Provisions in the agreement call for a promissory note under which Collier agrees to pay $34.9 million at the end of 30 years and to make 30 consecutive annual interest payments of almost $3 million per year into the Indian education fund starting one year after the date of the closing of the exchange. The obligations for payment will be secured by liens on collier's interest in 15 acres of the Indian School property and on about 7 1/2 acres of downtown Phoenix land that Colliers will receive as a result of a land exchange with the City of Phoenix. Execution of a trust fund payment agreement and closing is contingent on a determination by the Secretary that appraisals support values on these properties to sufficiently collateralize Collier's financial obligations, and extension by the City of Phoenix of its agreement to exchange lands with Collier.

The exchange, largest in the history of the Department of the Interior, was initiated to provide for the acquisition of environmentally sensitive wetlands in Florida, and to secure funding for Indian education. Of the 108,000 acres in Florida, more than 83,000 acres would be added to the Big cypress National Preserve; more than 20,000 acres to Ten Thousand Island National Wildlife Refuge and more than 4,000 acres to Florida Panther National Wildlife Refuge. The Phoenix Indian School was closed in 1990. Legislation, enacted in 1988 to govern disposal of the federal property, allocates 11.5 acres to the Veterans Administration, 4.5 acres to the State Veterans Administration, and 20 acres to the City of Phoenix. The remaining acreage is to be exchanged for the Florida lands held by Collier. Under an agreement with the City of Phoenix, Collier proposed retaining 15 acres of the Indian School property it is to obtain under the legislation and exchanging the remainder for property in the downtown area. The City of Phoenix plans a 73-acre park on the land it would acquire in the exchange.

Interior Assistant Secretary for Indian Affairs Eddie F. Brown today told a U.S. Senate committee that the Bureau of Indian Affairs (BIA) is moving to implement a plan to resolve problems in management of the $2 billion Indian trust fund. "The plan will guide BIA to high levels of service excellence for our customers, the tribal and individual Indian trust account owners," Brown said in testimony prepared for the Senate Select Committee on Indian Affairs. Brown and BIA Deputy Commissioner David Matheson said that key elements for the strategic plan include four primary goals and 50-plus action items, the implementation of which has already begun. The four strategic goals are:

1. Collect, account for, invest, distribute and provide information on trust funds in an accurate and timely manner;
2. Resolve past accounting and distribution problems as they affect tribes and individual account holders;
3. Aid tribes and Individual Indian Money (IIM) account holders in achieving their self-determination, self-sufficiency and economic development goals to the extent consistent with BIA fiduciary responsibilities; and
4. Identify, correct or ameliorate to the extent possible, external deficiencies and inherent complexities that make trust fund accountability difficult.

Matheson said the so-count action plans cover the spectrum of deficiencies cited in oversight reviews of BIA's trust funds management operations. "Specific action plans cover implementation of the Chief Financial Officer's Act of 1990, BIA staffing, recruitment and training, reviews of Area/Agency operations, policy and procedures development, implementation of improved internal controls and improved systems operations, financial reporting and providing information to account holders, future systems development, and investments and management practices including self-determination initiatives for increased tribal involvement in management of the trust fund,” Matheson said.

Brown said that consultation with the Inter Tribal Monitoring Association on Indian Trust Funds has contributed considerably to the long-term plans of strategic action. -"I believe the long, deliberate consultation to discuss trust fund management with the Association, Indian tribes, Congress, the Office of Management and Budget (0MB), and the General Accounting Office (GAO) has paid off in terms of the level of mutual understanding and the fresh ideas brought to the process," Brown said. "I am also pleased and encouraged that the Advisory Task Force on the Reorganization of BIA named by Interior Secretary Manuel Lujan more than a year ago agrees with the thrust of agency efforts to date as expressed in their resolution." Brown said that the 0MB has been very supportive of our efforts and has promised strong Administration support.

Department of the Interior Solicitor Thomas L. Sansonetti today announced that an office will be opened in Palm Springs, California, and that Daniel G. Shillito has been appointed to new post as Field Solicitor

"We are exceptionally pleased to announce that the Solicitor's Office will have a very visible presence in Palm Springs to provide on-scene legal assistance for Southern California, particularly the Bureau of Indian Affairs (BIA) and its extensive real estate program in the Coachella Valley," Sansonetti said. "Dan Shillito, the new Field Solicitor, is an independent, hard-working executive. His skill and experience in both government and business will serve the needs of the BIA and the community well."

The new office, part of the Pacific Southwest Region, is scheduled to open by early September.

Shillito presently serves in Washington, D.C., as Associate Solicitor for the Division of Conservation and Wildlife. Previously, he served as the Associate Solicitor for the Division of General Law. He has extensive real estate, land use and regulatory experience in both the public and private sectors.

A graduate of the University of Dayton in 1970 and the Ohio Northern School of Law in 1973, Shillito is also a Colonel in the U.S. Marine corps Reserve. He and his wife, Maryanne, have four children and live in Falls Church, Virginia.

Secretary of the Interior Manuel Lujan today announced the establishment of a special Indian Minerals Service Office devoted exclusively to serving Native Americans in the Four corners area of New Mexico, Utah, Colorado and Arizona.

The new office, located in Farmington, New Mexico, will be operated cooperatively by three Interior Department agencies: the Bureau of Indian Affairs (BIA), the Minerals Management Service (MMS), and the Bureau of Land Management (BLM).

"In creating this new service-oriented office, the BIA, MMS and BLM are establishing a quality, 'one-stop' service center for Indian tribal and allottee mineral owners who are concerned with the leasing, operation and revenues associated with minerals development on their lands," said Lujan. "This is in keeping with the Bush administration commitment to work closely with the tribes and individuals and to improve services to American Indians. For the first time, we combine - in a single facility - the expertise and services of three Interior agencies, each with important responsibilities for Indian mineral activities."

The Farmington Indian Minerals Service Office will serve several thousand allottees and a number of tribal governments in the area. Indian allottees are Indians who may lease their land individually, for such purposes as development of mineral assets. Among the tribal governments served by the Farmington office are the Navajo, Northern Ute, southern Ute, Ute Mountain Ute and Jicarilla Apache.

"We believe that the combined talents and knowledge of each bureau contributing to staffing the Indian Minerals Office will result in service and efficiency that surpasses what the BIA, BLM and MMS could provide independently," said Scott Sewell, director of MMS, the lead agency for the office. "As a result of this partnership of bureaus, our Indian constituents will receive more timely and convenient service," said Sewell.

Assistant Secretary of the Interior Eddie Brown today ordered the Bureau of Indian Affairs (BIA) to revise procedures and to focus attention on increased monitoring and inspections to curtail abuses and mismanagement in federal programs to improve housing for American Indians.

"BIA officials who misuse or allow the misuse of these funds are in effect robbing the very poorest members of tribes who desperately need improved housing," Brown said. The Assistant Secretary for Indian Affairs made his remarks today in Phoenix, Arizona, at a special meeting of BIA officials who have responsibility for overseeing the federal programs. "BIA officials have a responsibility to monitor this and all other programs closely," Brown said. "Failure to carry out this duty is a very serious breach of responsibility which undermines not only this needed program but the reputation of the entire BIA."

Brown cited a recent investigation by the Interior Department's Inspector General which found abuses in the federal Housing Improvement Program (HIP) in the Albuquerque area. The report said the BIA provided housing assistance to ineligible individuals, provided improvements that did not result in decent, safe and sanitary housing, and inadequately controlled procurements, disbursements and construction materials and supplies. Another draft audit report found similar problems in the Pit River Tribe in the Sacramento area. The Assistant Secretary said a review is currently being conducted to determine which BIA managers should be held accountable for actions identified in the Inspector General's Audit Report.

Today's meeting in Phoenix was the most recent in a series of actions Brown has ordered to stem these abuses. Other steps include:

Revision of procedures to reflect regulatory changes and areas of non-compliance that were identified in audits by the Inspector General.

Issuance of a bulletin on procurement, contracting and payment processes that will target current practices ·subject to fraud, waste or abuse.

Initiation of a regulatory change to tighten the income base for HIP eligibility to assure that the assistance is concentrated on the most needy.

A directive that contracting officers obtain recommendations form HIP staff prior to awarding or making any decision on tribal HIP contracts to assure proper program administration.

Secretary of the Interior Manuel Lujan met today with South Carolina Governor Carroll Campbell, Senator Strom Thurmond and representatives from the offices of Senator Ernest Hollings and Congressman John Spratt to discuss the terms of the Catawba \ Indian land settlement.

"This appears to be an excellent settlement proposal, and I will do whatever I can to gain the support of the Administration for it," Lujan said. "All parties to this historic agreement are to be congratulated for their hard work."

Lujan noted that the settlement would provide for the restoration of the Catawbas as a federally recognized tribe.

"This Administration has supported restoration of terminated tribes, and I am pleased the Catawbas will be among those restored, “Lujan said.

“The settlement will provide new economic and education opportunities for the tribe, and it will end 12 years of litigation that has clouded the commercial and real estate markets in the area. The monetary pledges demonstrate a vital commitment by the state and local governments as well as private sources."

Under the proposed settlement:

-- The Catawba Indian Tribe, terminated by the Federal Government in 1962, will be restored as a federally recognized tribe, and will thus qualify for federal Indian programs;

-- The tribe will receive a total of $50 million over five years with 60 percent from the Federal Government, 25 percent from the state and local governments, and the balance from private sources. The funds will be held in trust by the Secretary of the Interior;

-- The tribe may have a reservation of up to 3,600 acres, which could be expanded up to 4,200 acres with the approval of state and local governments.

-- The tribe will have limited authority to regulate matters on the reservation through a tribal council and tribal courts.

In exchange, the tribe 'Will relinquish claims against federal, state and local governments as well as against private land owners.

These claims were filed in 1980 when the tribe brought suit in federal court. The tribe alleged that an 1840 treaty signed by this state and Catawbas transferring 144,000 acres of tribal lands was void because it was never ratified by the Congress as required by federal law.

Legislation will be required to implement the settlement.

Secretary of the Interior Manuel Lujan met today with South Carolina Governor Carroll Campbell, Senator Strom Thurmond and representatives from the offices of Senator Ernest Hollings and Congressman John Spratt to discuss the terms of the Catawba \ Indian land settlement.

"This appears to be an excellent settlement proposal, and I will do whatever I can to gain the support of the Administration for it," Lujan said. "All parties to this historic agreement are to be congratulated for their hard work."

Lujan noted that the settlement would provide for the restoration of the Catawbas as a federally recognized tribe.

"This Administration has supported restoration of terminated tribes, and I am pleased the Catawbas will be among those restored, “Lujan said.

“The settlement will provide new economic and education opportunities for the tribe, and it will end 12 years of litigation that has clouded the commercial and real estate markets in the area. The monetary pledges demonstrate a vital commitment by the state and local governments as well as private sources."

Under the proposed settlement:

-- The Catawba Indian Tribe, terminated by the Federal Government in 1962, will be restored as a federally recognized tribe, and will thus qualify for federal Indian programs;

-- The tribe will receive a total of $50 million over five years with 60 percent from the Federal Government, 25 percent from the state and local governments, and the balance from private sources. The funds will be held in trust by the Secretary of the Interior;

-- The tribe may have a reservation of up to 3,600 acres, which could be expanded up to 4,200 acres with the approval of state and local governments.

-- The tribe will have limited authority to regulate matters on the reservation through a tribal council and tribal courts.

In exchange, the tribe 'Will relinquish claims against federal, state and local governments as well as against private land owners.

These claims were filed in 1980 when the tribe brought suit in federal court. The tribe alleged that an 1840 treaty signed by this state and Catawbas transferring 144,000 acres of tribal lands was void because it was never ratified by the Congress as required by federal law.

Legislation will be required to implement the settlement.

Interior Assistant Secretary Eddie Brown has ordered the Bureau of Indian Affairs to tighten the procedures for leasing of Indian lands in the Palm Springs, California, area and to put in place regulations specifically designed to fit long-term business leasing needs of the Agua Caliente Indian landowners.

"We have seen evidence of leases negotiated many years ago that do not meet today's market value. Future leases must contain provisions for escalation when land values skyrocket," Brown said.

"In other cases lessees have sub-leased properties for more than the value of the original lease at no additional profit to the landowner. We must have a system in place that fairly compensates the Indian landowner for the use of the land," Brown added.

Brown cited recent audits by Interior's Inspector General which found serious abuses in the~ leasing program. Many of the leases examined in the report go back many years and contain provisions that normally are designed for agricultural land leases, not business land leases. "Even some leases that had provisions for periodic reviews for rental free adjustment, had them too far into the future and with caps on adjustments," Brown said.

The Assistant Secretary for Indian Affairs said the recent establishment of a Field Solicitor's office in Palm Springs will assist BIA considerably by providing legal advice in lease negotiations and administration. Dan Shillito opened the new Palm Springs Field Solicitor's office on September 7, 1992.

Other actions the Bureau is taking to improve the leasing program include:

--Drafting of regulations specifically designed for long term business leasing in Palm Springs and the development of a manual that will fill voids in procedures.

--Development and implementation of compliance and collection policies: and procedures to improve business leasing activities. Default letters will be automatically generated as soon as a default c1ecurs, which will expedite the process and reduce errors.

--Making additional funds additional to develop a plan to provide recording and title services for the large volume of records being generated by the heavy leasing program.

During the past three years the staff of the Palm Springs Field Office ·has been increased from four to 25 and a Real Property Development Office has been established to market and negotiate new leases and renegotiate existing leases to fair market value. This will correct previous long term deficiencies in existing leases.

In 1991, the Palm Springs Field Office managed 943 master land leases and 25,600 subleases, which generated approximately $11 million annually for the Agua Caliente Band of Cahuilla Indians. The Palm Springs office recently negotiated a lease for 28 landowners on a parcel of land for resort development with an estimated investment value of almost $1 billion.