OPA

A meeting of area directors of the two principal federal agencies providing services to American Indians and Alaska Natives will take place October 19-20 at the Sheraton Premiere Hotel in Tysons Corner, Virginia. "This first-ever meeting between the Area and Associate Directors of the Bureau of Indian Affairs (BIA) in the Department of the Interior and the Indian Health Service (IHS) in the Department of Health and Human Services will be devoted to the development of a national strategy for alcohol and substance abuse prevention on Indian reservations," Interior's Assistant Secretary for Indian Affairs Eddie F. Brown said. Dr. Everett H. Rhoades, Director of the Indian Health Service, said the signing of a Memorandum of Agreement (MOA) during the conference will insure shared cooperation and coordination efforts between the two agencies. "We hope to identify mutual concerns and interests for the prevention of alcohol and substance abuse among American Indian and Alaska Natives and develop a strategy for implementing the MOA in each of the areas," Dr. Rhoades said.

The MOA will be signed in a 10:15 a.m. ceremony, Tuesday, October 20 before an overview of the meeting and closing is given by Dr. Rhoades and BIA Deputy Commissioner David J. Matheson. Each of the directors of the two federal agencies will have met with their counterparts prior to the two-day summit meeting to discuss and share preliminary ideas regarding the implementation of the MOA. The meeting will be used to finalize those plans and come to a consensus to carry out the prevention program throughout Indian Country. The Indian Alcohol and Substance Abuse Prevention and Treatment Act directs the two Bureaus to work together -- BIA in prevention and IHS in treatment. An earlier MOA between the two laid the groundwork for the prevention .and treatment programs and the new MOA signing signals the beginning of the implementation programs.

Secretary of the Interior Manuel Lujan today signed a contract with the Gila River Indian Community, completing the allocation of Central Arizona Project water to 11 tribes within the state "Central Arizona Project water will be instrumental in the future development of Arizona, and it will be especially beneficial to the Gila River Indian Community and other tribes sharing in it," Lujan said. "The signing of this contract is an important milestone, completing a process that has taken 16 years." Governor Thomas R. White, in signing for the tribe, said: "We have arrived at an historic moment for the Community. We feel honored to be here today to sign this important document."

Also participating in the signing ceremony in the Interior Secretary's office were former Governor Dana R. Norris and Interior Assistant Secretary for Indian Affairs Eddie Brown. "As an Arizonan, I have a special appreciation for the importance of water to the tribes in my state," Brown noted. "These allocations enhance the value of tribal lands for agriculture and other economic development." The contract signed today provides for 173,100 acre-feet of water annually for the Gila River Indian Community of Sacaton. Arizona Indian tribes were allotted 309,828 of Central Arizona Project water under a decision made by the Secretary of the. Interior in 1976. Contracts with 10 other tribes entitled to share in the allocation were signed in previous years.

A national conference of area directors of the Bureau of Indian Affairs (BIA) and the Indian Health Service (IHS) culminated here October 20 with the signing of a Memorandum of Agreement (MOA) that updates a 1988 agreement and spells out the management framework for implementation of a national strategy the two federal agencies are undertaking to prevent and treat alcohol and substance abuse among American Indians and Alaska Natives.

"This is an historic meeting that builds on the cooperative efforts between BIA and IHS to fight the scourges of alcohol and substance abuse among American Indians and Alaska Natives," Interior Assistant Secretary Eddie F. Brown said at the signing ceremony. "This MOA reaffirms a management framework that recognizes alcohol and substance abuse as a disease which is both preventable and treatable."

"This agreement was a positive effort to reinforce the long-standing cooperation between IHS and BIA," remarked IHS Director and Assistant Surgeon General Dr. Everett R. Rhoades. "Both agencies consistently strive toward the betterment of American Indian and Alaska Native Peoples."

The first-ever meeting between the two principal agencies providing services to more than one million American Indians and Alaska Natives in 35 states, put in motion plans for joint implementation of the MOA in each of the areas served by BIA and IHS. Plans will be coordinated with the Indian tribes in each of the 12 areas served by BIA and” areas served by IHS to insure involvement and participation of the entire Indian community.

Rhoades and Brown complemented the staffs of the two federal agencies for working together in such a cooperative way to carry out the mandates of the Indian Alcohol and Substance Abuse Prevention and Treatment Act. The two leaders agreed that "Indian communities faced no greater problem or threat to their survival than alcohol and substance abuse" and ''we must not let up until we have it under control."

While previous mandates have spelled out responsibilities of IHS (treatment) and BIA (prevention), discussions during the two-day conference centered on cooperative responsibilities having to do with budget, staffing and costs of programs and facilities, tribal input, possible joint requests for Congressional appropriations, and the continuum of activities -- law enforcement education, juvenile detention centers and emergency shelters, and child, abuse -- intertwined with the prevention and treatment of alcoholism and substance abuse.

The Bureau of Indian Affairs has approved 11 juvenile detention centers, the first: of which is expected to be completed in January, 1993 at the Cheyenne River Sioux reservation in Eagle Butte, S.D. Fifteen of the 31 planned emergency shelters to be operated jointly by the BIA and IHS have been completed. Fourteen are in operation.

The newly signed Memorandum of agreement updates the original Agreement signed in 1987 between the Secretaries of Health and Human Services and the Department of the Interior and amended in 1988. It reaffirms a management framework for the coordination of data collection, resources and programs of the BIA and IHS to assist American Indians and Alaska Natives to achieve their goals in the prevention and treatment of alcohol and substance abuse.

Public comment is sought on a proposal by the Secretary of the Interior to allow the statutory approval of Alaska Native allotment applications in cases where protests against such actions have been withdrawn. A notice requesting comment is published in today's Federal Register (62 Fed Reg 7033).

The proposed action by the Secretary would overrule an Interior Board of Land Appeals (IBLA) interpretation of Section 905 of the Alaska National Interest Lands Conservation Act (ANILCA). In Section 905 of ANILCA, Congress provided for the approval of pending allotment applications as long as certain conditions are met and unless a timely and sufficient protest is filed. The 1906 Alaska Native Allotment Act was intended to give individuals the opportunity to obtain legal title to lands they used and occupied. Section 905 of ANILCA was enacted to expedite the approval of allotment applications and to fulfill the commitments of the 1971 Alaska Native Claims Settlement Act (ANCSA), which repealed the 1906 Alaska Native Allotment Act. Section 905 was enacted in 1980 to facilitate the approval of allotment applications that were pending on or before ANCSA was passed. The IBLA has ruled that allotment applications must be adjudicated even when the protesting party has dismissed its protest. Approximately 1,800 allotment applications could be approved as a result of the Secretary's proposal.

Interested persons and organizations may submit comments respecting the Secretary's proposal to lift this bar to statutory approval of uncontested allotment applications. The Secretary has requested a legal opinion from the Interior Department Solicitor on this matter. Written comments must be received by April 11. Comments should be mailed to the Bureau of Land Management, Administrative Record, Room 401LS, 1849 C Street N.W., Washington, D.C. 20240. Comments may also be hand-delivered to the Bureau of Land Management, Administrative Record, Room 401, 1620 L Street, Washington, D.C. Comments may also be transmitted electronically, via the Internet to WOComments@wo.blm.gov. Please include "Attn: Secretarial Decision," and your name and address in the message. If you do not receive a confirmation that your Internet message has been received, contact that office directly at (202) 452-5030.

Secretary of the Interior Manuel Lujan today announced he approved a cooperative agreement to activate the San Juan River Basin Recovery Implementation Program for the recovery of endangered squawfish "Although the actual effort to bring about recovery of the squawfish in the San Juan Basin has been underway for nearly two years, the completion of this document provides us with the blueprint for future," Lujan said. "This is an important step toward achieving our goal of recovery for the endangered fish while responding to the water needs of the tribes and non-Indian water users." The recovery implementation program is required under an agreement signed a year ago which allows initial portions of the Animas-La Plata Project to be constructed while the recovery program seeks to improve habitat for the endangered fish.

Negotiations leading the agreement began in May 1990 after the U.S. Fish and Wildlife Service issued an opinion that the Animas-La Plata Project would jeopardize the squawfish in the San Juan River. · In signing the cooperative agreement, Lujan also noted that the Animas-La Plata Project is central to the 1988 Colorado Ute Indian water rights settlement. "We have come a long way in resolving water rights disputes between Indians and non-Indians, in resolving cost-sharing on the Animas-La Plata Project, and now in resolving the potential conflict between an endangered species and water resource development," Lujan said. "The main reason for this progress is the willingness of people to work together toward a fair solution. We can all be proud of the partnerships which have developed between the federal and state governments and the tribes and their non-Indian neighbors.

The cooperative agreement has been distributed to other signatories, including the involved states and Indian tribes, for their final approval.

Ada E. Deer, Assistant Secretary for Indian Affairs is thrilled to announce that there is $34.6 million in loan guarantee authority currently available to assist tribal and individual enterprises on or near Indian reservations.

"In 1974, the U.S. Congress passed the Indian Financing Act to assist Indian tribes, Native Alaska groups, and their individual members with financing of business enterprises to develop Indian reservation and tribal economies," Ms. Deer said. "Many tribes credit the loan guaranty program for spurring economic activity in their communities. The loan guaranty program is currently funded with authority to guarantee payment of up to 90 percent of the $34,615,385.00 in loans to eligible Native Americans. Tribal and American Indian entrepreneurs are encouraged to contact a local lending institutions to begin the process for a loan guaranty under this program."

The Bureau of Indian Affairs guaranteed loan program's general requirements are:

• Eligibility - A borrower must be a Federally recognized Indian tribe or Alaska Native group, or American Indian ( an enrolled member of a federally recognized Indian tribe or Alaska Native group), or a business organization with no less than 51 % American Indian ownership. The business must be on or near an Indian reservation.
• Loan Purpose - must be to finance American Indian and Alaska Native owned commercial, industrial, agriculture or business activity organized for profit.
• Loan Amount - A maximum of $5.5 million to a tribe or tribally owned business, and $500,000 to individuals or business entities other than tribes.
• Equity Requirements - a minimum of 20% of project funding in either cash or unencumbered assets to be used in the proposed business is required.
• Terms of Loan - maturity is determined by lenders making the loan and is based on the type of loan, (e.g., manufacturing, retail, construction, seasonal, etc.) and the applicant's repayment capability, except 30 years is the maximum maturity term. • Loan Guaranty - the percentage of a loan that is guaranteed is the minimum necessary to obtain financing, but may not exceed 90% of the unpaid principal and interest on the loan.
• Application Procedures - The applicant should work directly with a BIA approved lender and use the lenders' loan application and security documents. The applicant must have a fully completed business plan which demonstrates fiscal responsibility and sound management capability. The lender must initiate the request for a BIA Loan Guaranty. Complete guidelines can be obtained by referring to Title 25 of the Code of Federal Regulations Part 103, or contacting the local BIA Area Office, see listing below.
• Initiation Request - Requests for BIA loan guarantees may be submitted to the appropriate BIA Agency or Area Office at any time during the fiscal year (October 1 - September 31) but approval is always subject to availability of funds.

"Loan guarantees have helped to finance Indian-owned business in construction, cattle ranching, commercial fishing, air carrier charter services, shuttle bus services, convenience/grocery stores, charter and sightseeing, hotel/conference centers, office building rentals, bulk fuel stations, and others," Nancy Jemison, Director of the Office of Economic Development said.

Secretary of the Interior Manuel Lujan and Secretary of Agriculture Edward Madigan today announced approval of a historic agreement in principle to resolve a century-old land dispute between the Navajo and Hopi Indian tribes in Arizona. "For the first time we have an agreement in principle between the two tribes," Lujan said. "We cannot pass up this Once-in-a-century opportunity to settle this bitter dispute." The agreement in principle, approved earlier this week by the Hopi and Navajo tribal councils, was achieved after 17 months of intense negotiations conducted by U.S. Magistrate Harry R. Mccue of San Diego who acted as federal mediator.

"We congratulate Navajo President Petersen Zah, Hopi Chairman Vernon Masayesva, and Judge Mccue for their dedication and determination to reach an agreement," Lujan said. Under the agreement, the Hopi tribe would acquire more than 500,000 acres of federal, state and private land, and would receive $15 million from the federal government.

The land proposed for acquisition to resolve the dispute is within the boundaries of areas traditionally known as the co Bar Ranch, the Hart Ranch and the Espil Ranch, to the north and east of Flagstaff, Arizona. About 200,000 acres are under the Agriculture Department's Forest Service jurisdiction, 8,000 acres are under the Interior Department's Bureau of Land Management, 165,000 acres belong to the State of Arizona, and 165,000 acres are privately owned. The private and state lands would be acquired through purchase or exchange.

The 150 Navajo families remaining on land designated as part of the Hopi Reservation under a 1974 law would be allowed to lease current homesites and grazing areas for 75 years. As part of the agreement, the Hopi Tribe will permit members of the Navajo Tribe to continue to live on the Hopi reservation despite prior congressional enactments requiring those Navajos to move. This agreement by ·the Hopi Tribe is based upon Hopi humanitarian concerns for the Navajo who do not wish to move. The land that will be transferred to the Hopi will allow them resources to support their own tribal members in lieu of the resources they are permitting the Navajo to use under this agreement. Tribal lawsuits against the federal government would be dismissed. The next step in the process is expected to be the drafting of legislation that would be required to implement the agreement. Lujan and Madigan said they will insist on provisions in the proposed legislation to protect private property owners who do not wish to sell and to maintain public access to the land for established recreational purposes. "There will be public hearings and ample opportunities during the legislative process for people to express their concerns," Lujan said. "We certainly do not propose solving one long and painful Indian land claims problem by creating an equally painful land claims controversy for others."

Interior Assistant Secretary Eddie F. Brown today said the recently established Indian Gaming Management Office has developed an action plan and oversight process to provide assistance to Bureau of Indian Affairs (BIA) field staff and Indian tribes on gaming management issues and problems. "We believe the staffing of this important office will help to curtail some of the serious problems we have encountered in management contracts between tribes and gaming management firms, lease agreements, tribal-state compacts, per capita payments from gaming revenues, and Class III gaming operations without approved compacts with the states," Brown said. "Gaming has been one of the fastest growing forms of economic development in Indian Country. Upon passage of the Indian Gaming Regulatory Act (IGRA) in 1988, there was no lead time to establish a regulatory authority before tribes begin gaming activities. No one foresaw the implications and rapid expansion of high stakes gaming and consequently never considered the need for a moratorium to allow time for the logistical planning and establishment of a regulatory process," the assistant secretary added.

As of Dec. 3, Interior has approved tribal-state compacts (required by the IGRA for casino-type games) for 53 Indian tribes in sixteen states, 30 of which have been approved during 1992. "And we know that some Class III gaming is being conducted without compacts because of lawsuits challenging the classification of certain types of gaming," Brown said. "Likewise, there are Indian tribes that do not have approved management contracts for varying reasons, but our gaming management team is in the process of bringing all of those into line," he added. Brown said that most Indian gaming operations are a boon to the economies on reservations and to the surrounding non-Indian communities in the way of job creation, development and spending of tourist dollars. "Tribes have enhanced their governmental systems, increased and enhanced reservation infrastructures, built day care centers, fire departments, water and sewage treatment facilities, provided educational and other training opportunities for members, and provided for investments in other economic development ventures," Brown said. BIA has assisted 28 gaming operations in providing $61.1 million in direct loans (5, $5.1 million), loan guarantees (18, $55 million), and Indian business development grants (5, $1 million) for construction of facilities and operating capital. Almost $14 million has been repaid and all guaranteed loans are current. One direct loan is delinquent and is in the process of being modified because of construction delays.

Professionals, the current staff is working closely with the National Indian Gaming Commission (NIGC), a three-member commission created under the 1988 law. "We will continue to have many responsibilities in Indian gaming, even when the NIGC is fully staffed and operational," Brown said. "Our close working relationship will allow us to have an easy transition of duties to the NIGC as they assume many of these duties." The Indian Affairs assistant secretary also pointed out that his office has worked closely with Interior's Inspector General (IG) to share information regarding Indian gaming operations. "This business has grown at such a rapid pace that it has almost been impossible for one federal entity to maintain oversight over all establishments and by working together we will hopefully correct the problems that have surfaced," Brown said. He added that the new gaming office will maintain liaison with the National Indian Gaming Association, the North American Gaming Regulators Association, the National Attorneys General Association and other gaming industry-related organizations to improve tribal-state relations pertaining to Indian gaming.

Secretary of the Interior Manuel Lujan and Barron Collier today signed agreements on the terms and conditions for closing on the Phoenix Indian School land exchange by December 18, 1996. "This exchange will provide substantial benefits for Indian tribes, the City of Phoenix, and our national parks and refuge systems, Lujan said. “These agreements represent long and arduous negotiations and a great deal of work by Congress, the city of Phoenix, the Interior Department and officials of the Arron Collier Company. I am convinced this is the best possible agreement and that it protects the interests of all parties." In exchange for approximately 68 acres of the former Phoenix Indian School site in Phoenix, Arizona, the Federal Government will acquire from Collier about 108,000 acres of Florida wetlands important to the protection of the Everglades and fish and wildlife resources in that area.

The agreement also obligates Collier to pay $34.9 million at the end of 30 years and to make 30 consecutive annual interest .payments of almost $3 million into Indian education funds established by the agreement starting one year after the closing date. The obligations for payment of the monies earmarked for Indian education are 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 Collier will receive as a result of and exchange with the city of Phoenix. Because, of the delayed closing of the land exchange until December 1996, funds for Indian education may not be available until 1997. The Secretary expressed regret over this delay, but concluded that a delayed closing was better than no exchange at all.

The exchange largest in terms of dollar value 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 supplemental funding for Indian education, Of the 108,000 acres in Florida, more than 83,000 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 1998 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 exchange for the Florida lands held by Collier. Under an agreement with the city of Phoenix, Collier is to retain 15 acres of the Indian School property it is obtain under the legislation and the company will exchange the remainder for property in the downtown area. The City of Phoenix plans a park on the land it would acquire in the exchange.

Interior's Assistant Secretary for Indian Affairs Ada E. Deer said today the President's fiscal year 1995 budget request of $2.24 billion for the Bureau of Indian Affairs (BIA) continues the shift of resources from the BIA to Indian tribes and strengthens the foundation established last year by President Clinton and Interior Secretary Bruce Babbitt to fulfill the federal Indian trust responsibility and the creation of a government-to-government partnership.

"By continuing to emphasize and enhance the shift of responsibilities and resources to the tribes, we are providing them with the capability and flexibility to set and implement their own goals and directly administer federal programs," Deer said.

"This budget includes a significant investment in Indian education with about one-third of BIA's Operation of Indian Programs (OIP) budget devoted to Indian education programs," she added.

The 1995 total budget authority request of $2.24 billion for the Bureau of Indian Affairs falls slightly under the $2.27 billion enacted for 1994. For current appropriations, the President's request is $1. 77 billion. The OIP appropriation is increased by $9.3 million over 1994, to $1.5 billion.

The request for Tribal Priority Allocations (TPA), the portion of BIA's budget where funding priorities for programs are determined by the tribes, totals $447.4 million, about 30 percent of BIA's operating budget. The proposed program increase of $8.8 million will be used for law enforcement, social services, agriculture, and other programs prioritized by the tribes at the local level. Self-governance grants of $56.1 million are included in the TPA request and will provide funds for about 30 tribes. Contract support funds are also increased by $4 million for a total of $95.8 million.

Funds for education of Indian children in BIA's 186 funded schools are increased by $15.8 million to $514.8 million. "Quality education is an essential component in reducing unemployment, increasing self-esteem, improving community life, and increasing economic opportunities on the reservations," Deer said.

The education budget proposes distributing Indian School Equalization Formula dollars, which support basic educational programs for children in grades K through 12, based on the previous year's enrollment. The increased funding includes two new schools -- Trenton in North Dakota and Sault Ste. Marie in Michigan -- for the 1995-96 school year. Johnson-O'Malley, a supplemental education program for Indian students in public schools, will be funded at the FY 1994 level of $24.4 million. Funding for the 22 tribally controlled community colleges is continued at $26.9 million.

A total of $170 million has been requested for legislated settlements to resolve long-standing tribal claims to water and lands that would be provided in a separate fund within the Indian Land and Water Rights Claims Settlements and Miscellaneous Payments to Indians appropriations. The fund will include payments for nine settlements as well as the Navajo Indian Irrigation Project and water rights negotiation and litigation studies. The request fully funds all anticipated FY 1995 requirements for implementing enacted settlements.

In human services, the BIA General Assistance program is funded at $105.6 million. The $5 million welfare reform planning grant program initiated in 1994 will not be continued in order to allow the Bureau to fund other priorities. Indian Child Welfare Act grants are funded at the 1994 level.

The President's budget includes $191 million available in contract authority for Indian road construction which is funded out of the Department of Transportation Federal Highway Trust Fund. BIA's road maintenance funds are requested in the amount of $30 million.

In natural resources, $4.5 million is included to support the President's forest plan, $3 million for Jobs in the Woods ecosystem restoration projects, and $1.5 million to harvest the identified allowable backlog of approved annual timber cuts on reservations.

The Bureau continues to make progress in improving management and accountability in various areas. The 1995 request includes an increase of $1 million for financial management, and a $1.7 million increase to continue development and implementation of the land records history and imaging system critical to identifying ownership of allotted Indian lands.

The 1995 budget request includes a $5.7 million reduction related to personnel streamlining and a $7.7 million reduction resulting from administrative savings. BIA proposes to consolidate two area offices in Oklahoma and streamline other central offices and area and agency offices to provide more effective and efficient service delivery.

BIA will continue its funding for the repair of high risk dams on Indian reservations. A proposed budget of $18 million will include corrective action to be completed on Black Rock Dam in New Mexico and Crow Creek Dam in South Dakota.

The 1995 request for construction includes $6.9 million to complete the construction of the Sac and Fox juvenile detention center in Oklahoma. Education construction programs total $43 million, a reduction of $31.3 million from 1994, including a reduction in funding for one-time 1994 new school construction projects and a reduction in facilities improvement and repair. Construction will continue on seven previously funded schools, and the Bureau will have sufficient unobligated funds to complete facility improvement and repair projects on schools and law enforcement facilities.