OPA

Ada E. Deer, Assistant Secretary Indian Affairs, issued a notice today declining to acknowledge the Ramapough Mountain Indians Inc., as a federally recognized tribe.

A Proposed Finding to decline to acknowledge the Ramapough Mountain Indians Inc., was first published in the FEDERAL REGISTER on December 8, 1993 and the original 180-day comment period was extended until May 8, 1995. The 60-day comment period for the Ramapoughs to respond to third-party comments ended on July 10, 1995.

As a result of this publication, the Bureau of Indian Affairs conducted an extensive review of (1) the Ramapough's response to the Proposed Finding, (2) the comments submitted by interested and third parties, (3) the Ramapough' s response to the public comments, and (4) researched additional historic records in order to arrive at a final determination regarding their status.

Based on this review, the Bureau of Indian Affairs has determined that the Ramapough Mountain Indians, Inc., do not meet three of the seven mandatory criteria for acknowledgement as an Indian tribe under Federal law. Specifically, the Ramapoughs failed to meet criteria b, c, and e, of the federal regulations (25 CFR 83.7) because they did not exist as a distinct community from historic times to the present, did not maintain political influence or authority over their members from historic contact to present, and their membership does not descend from a tribe of American Indians or from tribes that combined and functioned as a single autonomous entity.

This decision will become effective in 90 days unless the tribe requests a reconsideration before the Interior Board of Indian Appeals.

Ada E. Deer, Assistant Secretary - Indian Affairs, today expressed her gratitude to Vice President Al Gore for directly intervening on behalf of Americans Indians in last week's intense negotiations over the Department of the Interior's (DOI) continued funding resolution.

"Vice President Gore once again demonstrated his strong leadership and concern over the devastating effect massive budget cuts would have on American Indian programs," said Ms. Deer. "His efforts will have a decisive and immediate positive impact on the Indian Community," she says.

The debate between President Clinton and Congressional Republicans over the federal government's fiscal year 1996 budget resulted in his veto of an Interior Appropriations bill he considered mean- spirited and unacceptable in cuts to Indian and environmental programs. In retaliation, many Bureaus were targeted by Congress to receive drastically reduced funding in the continuing resolution. However, Vice President Gore championed the cause of Indian tribal governments in tough last-minute negotiations with the Congress. As a result, funding for Indian tribal governments will be provided at the agreed upon 1996 Conference level as opposed to announced cuts between 25 and 36 percent, as the Senate had supported.

Federal government funding for Indian tribal governments is critical because, unlike city, county, or state governments that typically have a non-federal tax base as a primary source of revenue, Indian tribes often rely on federal funds for service delivery.

Without this direct intervention, many Indian tribal governments face severe reductions in their ability to provide for tribal members, particularly the elderly and children who depend on these services.

Ms. Deer cautioned that tribes should not be too optimistic. "We're not out of the woods yet," she said. "This funding runs out on March 15th. The Senate is still threatening cuts of 25% or more in the future."

Assistant Secretary for Indian Affairs Ada E. Deer on June 23 signed a preliminary decision that proposes extending Federal acknowledgment to the Match-e-be-nash-she-wish Band of Pottawatomi Indians of Bradley, MI. Assistant Secretary Deer said the petitioner meets all seven of the required criteria in the Code of Federal Regulations, Title 25, Section 83. 7, as modified by Section 83.8, and therefore qualifies for a government-to-government relationship with the United States.

The Match-e-be-nash-she-wish Band of Pottawatomi Indians (MBPI) now will be subject to a 180-day public comment period, after which the Bureau of Indian Affairs will issue a final determination. If this final determination also is positive, members of the tribe will be eligible for certain rights and benefits accorded tribes that have federal recognition. Currently there are 554 federally recognized American Indian and Alaska Native tribes.

The BIA's Branch of Acknowledgment and Research found that MBPI has been a predominantly Potawatomi Indian entity continuously since 1837 when two bands amalgamated on a 360-acre reserve known as the Griswold Mission, and now referred to as the Bradley settlement. The settlement is located 25 miles southeast of Grand Rapids, MI. The petitioner's ancestors participated as signatories of treaties in 1795, 1815, 1821, 1833, and 1855. The MBPI was named for Match-e-be-nash-she-wish, an ancestor who was a prominent 18th-century warrior in the Great Lake region. Currently more than two-thirds of the band's 140 members reside within 25 miles of the Bradley settlement.

The address of the tribe is 112 W. Superior Street, Wayland, MI 49348. The tribal representative is Bill Church, telephone (517) 627-0244.

Restoration of federal funds needed for Tribal Priority Allocations (TPA) that provide basic reservation programs and develop strong and stable tribal governments is a key component of the Fiscal Year 1997 Bureau of Indian Affairs $1. 78-billion budget request.

"As we approach the 21st Century, it is critical that the more than 550 federally recognized American Indian and Alaska Native Tribes receive the basic support needed to end the cycles of poverty and poor health that afflict so many tribal members," says Assistant Secretary of Indian Affairs Ada E. Deer. "Restoring these essential Tribal priority funds is key to honoring the federal trust responsibility to Tribes and fulfilling the government-to-government relationship with Tribes."

Tribes depend on the TPA budget for such basic necessities as law enforcement, child welfare, scholarships, natural resources management, and other programs designed to improve the quality of life and economic development potential on their reservations. Tribes can prioritize the funding for programs according to their own tribal circumstances and needs.

The BIA 1997 budget request reflects an overall $211-million increase above the 1996 Conference level including $158 million for TPA restoration. Besides strengthening tribal programs, the restored funds overall will ensure the accreditation of BIA schools, address critical infrastructure needs, and meet the Secretary of the Interior's trust responsibilities.

The BIA school operations budget of $452 million is devoted to Indian education programs that serve more than 51,000 elementary and secondary students in 23 states. A $43.5-million increase over the 1996 education budget is requested so that schools can meet state and regional accreditation standards and accommodate a projected 3.5-percent increase in student enrollment. More than one-third of the requested $122-million BIA construction budget is for education construction.

New school construction is funded at $18 million in order to build the $14-million Many Farms High School in Arizona and to complete $4 million in construction remaining at the Chief Leschi school complex in Washington State. The budget also includes $23 million to correct health and safety deficiencies at BIA educational facilities.

Combined funding for BIA Central and Area Office activities and related support services is set at $144.5 million, which is $27.5 million less than two years ago. BIA streamlining and downsizing is reflected in the fact that 90 percent of the Bureau's operations account is devoted to education, social services, and other programs at the reservation level. Contrary to occasional reports, this means that 90 cents of every BIA operations dollar is delivered directly to the reservation.

Ada E. Deer, Assistant Secretary for Indian Affairs, condemned a provision in the Department of the Interior's Appropriations bill reported out on Friday, July 18, by the Senate Appropriations' Subcommittee on Interior. Section 120 of the bill would require a tribal government to waive its sovereign immunity before the tribe could receive Tribal Priority Account (TP A) funds. TP A funds are used by tribal governments to provide services to Indian children, the elderly and families, such as child protection, education benefits, and family support services. These funds are for many tribes the sole source of funds available to provide governmental services for their tribal members.

"I strongly oppose any amendment to the 1998 Interior Appropriations Bill which would diminish or extinguish Tribal sovereign immunity. This amendment, which provides for the waiver of tribal sovereign immunity is tantamount to termination of the tribe's governmental status." Ms. Deer, said. "This amendment flies in the face of longstanding federal policy, law, and federal courts' interpretation of treaties with American Indian Tribes."

During the formative years of the United States, the federal government recognized American Indian tribal governments as independent nations vested with all inherent powers of a sovereign nation. The recognition of Indian tribal sovereignty has remained a fundamental tenet of Federal Indian Policy. More than 160 years ago the United States Supreme Court re-affirmed this principle in Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832) when Chief Justice Marshall noted that [the dependent status of Indian tribal governments] does not strip them of their inherent sovereignty. This U.S. Supreme Court ruling has never been overturned and is currently the law of the land.

"The provision, waiving Indian tribal sovereign immunity in federal courts would create internal havoc within the 554 tribal entities presently federally recognized by allowing tribal members to circumvent tribal forums. Lawsuits by third parties also would place a tremendous burden on tribes and expose them to financial ruin. I have experienced the ravaging affects of termination first hand because my tribe - the Menominee Indian Tribe of Wisconsin - was terminated in the 1950s. Our people and tribal government were devastated. The Congress cannot allow this to happen to any tribal government in the 21st century." Ms. Deer said.

The U. S. Supreme Court rendered its decision on the Seminole Tribe of Florida v. Florida et al., case on March 27, 1996. The 5 to 4 decision held that the "Eleventh Amendment prevents Congress from authorizing suits in federal court by Indian tribes against States to enforce" the provision in the Indian Gaming Regulatory Act (IGRA) requiring States to "negotiate in good faith."

"This decision is not only a strike against American Indians' access to federal courts to enforce federal rights against a State, but jeopardizes the rights of all Americans to use the federal courts to ensure that States comply with federal law." said Ada E. Deer, Assistant Secretary for Indian Affairs. "I agree with Justice Stevens' assessment that this 'decision is fundamentally' a mistake.

The court's decision will prohibit Indian tribes from using the federal courts as a vehicle to compel States to negotiate in good faith for casino gaming, but all of the other provisions of the IGRA remain intact.

"The Bureau of Indian Affairs stands staunchly behind the Indian tribes and their right to conduct Indian gaming." "We will protect this American Indian right and exercise our trust responsibility to assist Indian tribes to engage in authorized gaming under the IGRA." said Ms. Deer.

There are 557 federally recognized Indian tribes which would be allowed to conduct Indian gaming under the IGRA, but currently there are only 282 tribes that are actively conducting Indian gaming and of this amount approximately 1/5 ( 126) tribes have tribal-state compacts authorizing casino gaming.

Indian gaming authorized under the IGRA, unlike non-Indian gaming, requires that the proceeds from the gaming operation be used to (1) fund tribal government operations or programs, (2) provide for the general welfare of the Indian tribe and its members, (3) promote tribal economic development, (4) donate to charitable organizations, or (5) help fund operations of local government agencies. "Indian gaming has been a general boost for some Indian tribal governments and has been instrumental in directly improving the living conditions of Indian people on various Indian reservations. States Ms. Deer. "Take for example the Oneida Tribe of Wisconsin that has used the proceeds to fund school, develop Tribal infrastructure, and to provide for the general welfare." "I pledge my direct and dedicated support to Indian tribes to continue to conduct Indian gaming under the IGRA."

Three Denver based Offices of the Bureau of Indian Affairs (BIA) are assisting tribes to prepare for the 21st Century by providing access to state-of-the-art science in resource management. The Division of Energy and Mineral Resources, Geographic Data Service Center, and the Division of Forestry's Branch of Forest Resources Planning provide highly technical assistance and services to the Indian Community. "These offices offer the latest technology and software programs available. With the assistance of these offices participating Indian tribes have comprehensive data and sophisticated information management systems at their disposal to effectively manage their natural resources," Hilda Manuel, Deputy Commissioner of lndian Affairs said.

Tribes are increasingly recognizing the importance of these tools to achieve the goals of self-sufficiency and self-determination. Budget cutbacks require tribes to do "more with less" necessitating the use of advanced technologies such as spatial information systems. The primary challenge in using these tools is the technological complexities and computer skills and resources that are required. The Geographic Data Service Center meets this challenge by providing tribes the training, consultation services, support, and equipment access necessary to meet their goals.

"Through this direct technical assistance the Indian community has been able to negotiate mineral leases that have higher yields than non-Indian mineral owners on the average." Manuel said. "It is important for tribal governments to have the best data available regarding their natural resources to actively, and· intelligently manage their resources. The services that these offices offer to individual resource owners and Tribes are free of charge and designed to assist those with little or no technical expertise or computer experience."

The Division of Energy and Mineral Resources (DEMR) provides the best available technical and economic advice and assistance to Indian Mineral Owners. The Division's programs include (1) Native American Energy and Mineral Institute, (2) Mineral Assessment, (3) National Indian Energy and Mineral Resource Data Base, (4) National Indian Seismic Evaluation, (5) Outreach and (6) National Indian Oil and Gas Evaluation and Management System.

The Division of Forestry's Branch of Forest Resources Planning (BOFRP) is located in the same building and has established a partnership to share office infrastructure and communications with the DEMR. This Branch provides Bureau wide coordination, direction, and assistance in forest management planning activities e.g., forest inventories, analysis of data, forest management planning, and forest environmental assessments. This Branch maintains the National Indian Forestry Data Base and Continuous Forest Inventory (CPI) System which are invaluable management data resources for the Nation and participating Indian tribes.

The Geographic Data Service Center (GDSC) provides tribes with advanced spatial information processing capabilities such as, Geographic Information systems (GIS), Global Positioning Systems · (GPS), and satellite image mapping. These powerful tools are used to effectively manage natural resources and engineering level applications (i.e., road design and management) and are now being used to solve tough technical problems with real estate management in Indian Country.

"In order for the Indian community to be become more familiar with these services, there will be updates on each program area relative to their innovative initiatives and major accomplishments." Ms. Manuel said. A four part series focusing on each of the major BIA activities in Denver will appear in the Department of the Interior's People, Land and Water publication.

In July 1993, the Confederated Salish and Kootenai Tribes (the Tribes) submitted an application for treatment-as-state status under the Clean Water Act with respect to all surface waters within the Flathead Indian reservation. The State of Montana opposed the EPA granting the Tribes treatment as state status by arguing that the Tribes did not possess inherent civil regulatory authority over land owned by nonmembers.

The United States District Court, Missoula Division, District of Montana in its decision on March 27, 1996, upheld the EP A's approval of the Tribes' application to establish water quality standards for surface waters with the Tribe’s reservation under section 303 of the Clean Water Act.

"This is a major victory for the Salish and Kootenai Tribes within the State of Montana" said Ada E. Deer, Assistant Secretary for Indian Affairs. "This decision will assist other Indian tribes be given "treatment-as-state" status when they apply to the EPA to regulate water quality standards within their reservations." she said.

"As the primary agency within the federal government for the administration of federal programs and for the protection of Indian tribal rights, the Bureau of Indian Affairs will continue to champion the cause of tribal governments and protect their rights." Ms. Deer said.

This ruling will now clear the way for the Tribes to proceed with the development of water quality standards. It confirms Indian tribal sovereignty.

"Eight federally recognized Indian tribes and approximately 56,000 Indian people have been adversely affected by the recent disastrous weather in South Dakota," Ms. Deer said.

The Dakotas have been hit by freezing temperatures and record snowfall. Snow has drifted to as high as 15 feet in some areas closing all roads and stranding people in remote areas. "Mercifully, there has been only one reported Indian death as a result of this bad weather." Mr. Delbert Brewer, Area Director for the Aberdeen Area Office said.

The Bureau of Indian Affairs has been working around the clock to respond to this emergency. The Aberdeen Area Director has established a Disaster Team to respond to this crisis which is operating 24 hours a day to coordinate and direct BIA's efforts to assist tribes within their jurisdiction. In addition, a field coordinator has been dispatched to Pierre, South Dakota to directly assist in the coordination of the efforts of the State, National Guard and FEMA.

"Our crews are working 24 hours a day in two shifts in an attempt to open roads on the reservations to get food and water in," Mr. Brewer said. "At this juncture the main objective is to ensure that the basic needs of the people are met." In order to respond to this crisis, snow blowers were shipped in from the Billings Area Office. However, the Aberdeen Area is now experiencing difficulty getting adequate fuel for equipment, and keeping them maintained. "Extra costs for supplies and labor are being incurred by the Aberdeen Area which were not budgeted for," Deborah Maddox, Director of Tribal Services said. "But we will continue to support Aberdeen for as long as it takes to get the tribes out of this terrible situation."

"The BIA is diligently working on options which may provide additional assistance to meet increased costs caused by this storm," Ms. Deer said, "and we are committed to continue the cooperative and coordinated effort initiated by Aberdeen." Wind chill factors of -70 degree below zero have not helped the ground efforts. Snow blowers were directed to free those in need of medical attention first, but in some cases the critically ill had to be air lifted by National Guard helicopters to local hospitals. The BIA has established shelters close to emergency care units for those that require ongoing medical attention.

In a newly released report, Secretary of the Interior Bruce Babbitt charged each Interior Department office and bureau with identifying policies and procedures that protect and conserve Indian resources. The report, entitled Protection of Indian Trust Resources Procedures, outlines how each Interior Department bureau and office will integrate trust protection practices and policies into daily activities.

"We are strongly committed to ensuring that each bureau and office understands its trust obligations and conducts all activities that affect American Indian tribes and tribal members in accordance with the highest fiduciary standard,” Babbitt said. "We are equally committed to working with tribes on a government-to-government basis in recognition of the sovereign powers of tribal governments. We are, therefore, pleased to have completed a major step in advancing Department-wide adherence to principles and practices that not only make the Department an effective trustee, but a responsive one as well."

“This report," said Assistant Secretary of Indian Affairs Ada E. Deer, "demonstrates our commitment to greater intergovernmental communication and cooperation with tribes. This report also can serve as a model for all Federal agencies to follow. I support and continue to encourage all Interior Department bureaus to work on initiatives that will benefit tribes and Indian people." This Interior Department initiative also furthers President Clinton's 1994 memorandum on Government-to-Government Relations with Native American Tribal Governments, which was issued to "ensure that the rights of sovereign tribal governments are fully respected.” In this directive, President Clinton highlighted the U.S. Government's unique legal relationship with tribal governments and outlined principles for all federal agencies to follow. The Interior Department's Bureau of Reclamation, for example, has completed an "Indian Trust Asset Policy and National Environmental Policy Act Procedures” report. Its question-and-answer format provides guidance to bureau personnel on protecting Indian trust resources.

The report, Protection of Indian Trust Resources Procedures, was completed by the Office of American Indian Trust. Copies of the report can be obtained by contacting the Office of American Indian Trust, 1849 C Street N.W., MS-2472, Washington, D.C. 20240, telephone (202) 208-3338.