OPA

Ada E. Deer, Assistant Secretary for Indian Affairs signed a final decision recognizing a separate government-to-government relationship between the Delaware Tribe of Eastern Oklahoma and the federal government.

A notice of a proposed decision to reconsider a 1979 determination that the Department of the Interior would engage in government-to-government relations with the Delaware Tribe only through the Cherokee Nation was published on June 27, 1996 (61 FR 33534). A comprehensive legal review conducted by the Division of Indian Affairs, Office of the Solicitor, concludes that the 1979 determination did not consider the entire relevant legal record and did not construe accurately the provisions of the 1866 Treaty with the Delaware and the 1867 Agreement between the Delaware and Cherokee.

Historically, the Delawares became divided into five groups: the Munsee Delaware; the Kansas Delaware; the Absentee Delaware; the main body of the Tribe which moved to the Indian Territory, now eastern Oklahoma, on lands belonging to the Cherokee Nation, Oklahoma, and later those who left Indian Territory and settled eventually in Idaho. The reconsideration of the 1979 determination deals with the main body of the Tribe -- the Delaware who moved to and remained in Indian Territory, Oklahoma.

In 1866, the United States entered into a treaty with the Cherokee and a separate treaty with the Delaware. The treaty with the Delaware, ratified July 26, 1866, (14 Stat. 793), provided for the sale of lands in Kansas in exchange for removal to a reservation of their own in Indian Country. They were guaranteed rights to participate in any general council or territorial government "that may be established for the nations and tribes residing in said Indian Country," and guaranteed peaceable possession. The United States then entered into a treaty with the Cherokee, ratified July 27, 1866 (14 Stat. 799). Article 15 of this Treaty allowed for two payments; one for preservation of their tribal laws, customs and usages not inconsistent with those of the Cherokee, and a second payment to settle within the Cherokee territory and become native Cherokees. The Delaware made these two payments and by this means preserved a right to be a separate tribal government entity.

The administrative practice of the Department of the Interior from 1866 - 1979 was to treat the Delaware as a separate tribe. The decision made in 1979 by the Acting Deputy Commissioner was a departure from this administrative practice and was made apparently without the knowledge that the Delaware had made payments in accordance with the 1866 Treaty to preserve their independent tribal government rights.

The decision to retract the 1979 determination is based on a comprehensive legal analysis of the pertinent treaties and agreements as well as a review of the Department of the Interior's administrative practice. In retracting the 1979 determination, the Delaware Tribe of Eastern Oklahoma, within the restraints imposed by federal law, will be considered a sovereign tribe and will have the same rights to demand consultation and contracting as other tribes. As a separate sovereign nation, the Delaware Tribe of Indians will have the same legal rights and responsibilities as other tribes, both in jurisdiction and as to its right to define its membership. This decision clarifies the government-to government relationship between the United States and the Delaware Tribe of Indians which was understood to exist before the 1979 determination. This decision is final for the Department and is effective immediately.

The Cherokee Delaware Tribe's address is, Cherokee Delaware Business Committee, 108 South Seneca, Bartlesville, Oklahoma 74003.

Thanks to a newly developed process that streamlines the planning, design, and construction of Indian schools, the Bureau of Indian Affairs (BIA) will be able to complete new schools in half the time or less. This means that the current seven to eight years that it has taken to build or renovate a school 'will now require only three years or less.

"We are extremely pleased to announce this major benefit to tribes and Indian students," said Assistant Secretary of Indian Affairs Ada E. Deer. "The Clinton Administration is committed to improving Indian education programs and this fast-track delivery of new Indian schools is a major step toward this goal. We now call on Congress to fulfill its responsibilities by funding the more than $600- million in unmet Indian school construction and repair needs. With a rapidly rising enrollment of Indian students, we have a critical responsibility to ensure that Indian students have decent learning environments to help them succeed in the 21st Century."

Approximately four new school construction pilot projects will be selected in October by the Bureau of Indian Affairs. Tribes and schools boards will then be able to decide if they want their proposed schools to be a part of the new expedited program. These pilot school projects will be selected from the 14 currently funded proposed school construction projects. As a part of the Clinton Administration's Reinventing Government program, the new school planning, design, and construction process was developed by a Reinvention Laboratory Team composed of BIA and Department of the Interior employees.

Members of a recently appointed team to implement the new process are:

• Anthony E. Howard, Contracting and Grants Administration, BIA
• Dr. Kenneth Ross, Office of Indian Education Programs, BIA
• Norman Suazo, Facilities Management and Construction Center, BIA
• Stanley Thurber, Office of the Secretary, DOI
• Nolando Neswood, Employees Union (NFFE)·Representative

Copies of a report describing the new process have been distributed to the leaders of tribes that have BIA-funded schools, school principals, and BIA line officers. For further information and report copies, contact Norman Suazo, Division of Program Planning and Implementation, BIA/Facilities Management & Construction Center, P.O. Box 1248, Albuquerque, N.M. 87103.

Ada E. Deer, Assistant Secretary for Indian Affairs and Joann Sebastian Morris, Director, Office of Indian Education programs attended the inaugural meeting establishing the Arctic Council in Ottawa, Canada on September 19, 1996.

"The Arctic is a particularly fragile ecosystem, and pollutants from elsewhere have entered the food chain in Alaska and acid rain falls on the native people," Ms. Deer said. "The Alaska Natives are very concerned about their health and the environment. The Alaska Natives depend on a subsistence system of hunting and fishing as a means to sustain livelihood and are therefore particularly vulnerable to environmental threats.

Ms. Deer likened the risk to Alaska Natives to those of the Miccosukee Tribe in Florida who depend on subsistence in the Everglades; quoting their Chairman, Billy Cypress who observed, "the snakes are dying, the turtles are dying, are we next?" Clearly we must take action in the Arctic today to avoid the near catastrophe that occurred in the Everglades ecosystem," Ms. Deer said.

The Arctic Council will provide a mechanism for addressing the common concerns and challenges faced by the governments that have land within the 60' Latitude, including the United States, primarily Alaska, and the people of the Arctic. 'The Council will develop rules of procedure, adopt terms of reference for a sustainable development program as a basis for collaborative projects, and ensure effective transition of the Arctic Environmental Protection Strategy (AEPS) into the Arctic Council, to be completed at the time of the 1997 AEPS Ministerial meeting in Norway.

Indigenous peoples of the Arctic have been included in the establishment of this new intergovernmental forum as an important milestone in a commitment to enhance cooperation in the circumpolar North. This inaugural meeting was attended by the leaders and senior representatives of three international Arctic indigenous organizations - the Inuit Circumpolar Conference, the Saami Council, and the Association of Indigenous Minorities of the North, Siberia, and the Far East of the Russian Federation, as Permanent Participants in the Council. Also in attendance were senior representatives from countries with populations within the 60' Latitude, including the United States.

The Arctic Council Declaration was signed by the foreign ministers and senior representatives of Canada, Denmark on their behalf and for Greenland, Finland, Iceland, Norway, the Russian Federation, Sweden and the United States. Undersecretary Timothy Wirth, of the Department of State represented the United States, signing the Declaration.

“Attendance at this meeting by affect Arctic countries and their indigenous peoples is a giant step forward in the preservation of this very fragile environment," Ms. Deer said. "It will be-through joint efforts and international cooperation that the culture and lifestyle of the Alaska Natives will be preserved. It is imperative that the United States continue to take part in this Council and remain an active player."

Ada E. Deer, Assistant Secretary for Indian Affairs will represent the Department of the Interior at the signing ceremony of Truckee River Water Quality Settlement Agreement, in Reno, Nevada. The execution of this agreement ends a long standing emotionally charged lawsuit initiated by The Pyramid Lake Tribe against the Cities of Reno, Sparks, the State of Nevada, and the EPA This agreement establishes a joint program to improve water quality in the Truckee River through purchase and dedication of water rights and to use treatment plant effluent in place of fresh water for certain uses.

For example, the metro-area governments (acting together) and with the Department of the Interior will each purchase $12 million in Truckee River water rights over five years and dedicate them to a joint program to improve water quality and instream flows in the Truckee River from Reno to Pyramid Lake.

In addition, water benefits will be enhanced by storing water in federal Truckee River reservoirs so that timed releases during dry periods will improve instream flows. The agreement also improves water quality in Pyramid Lake, home of the endangered cui-ui fish. This fish has long played a significant role in the culture and subsistence of the Pyramid Lake Tribe.

"This agreement set the stage for improved relations between the Pyramid Lake Tribe and the surrounding communities, and water quality in the region will be improved," Ms. Deer said. "The direct benefits will be less pollutants in the water, recovery of endangered species and enhanced recreational opportunities. It is truly my pleasure to be involved in such an historic occasion." The parties to the agreement are Reno, Sparks and Washoe County, Nevada Division of Environmental Protection~ the Pyramid Lake Tribe, EPA, the Department of Justice and the Department of the Interior. The ceremony scheduled for October 10, 1996 will take place at 4:00 PM, at the Wingfield Park Amphitheater, Reno, Nevada.

Ada E. Deer, Assistant Secretary for Indian Affairs announced today that the Bureau of Indian Affairs and the United States Geological Survey have entered into a Memorandum of Agreement to provide support for science and environmental education at the elementary and secondary levels in the BIA school system.

The MOA was signed last week by Assistant Secretary for Indian Affairs, Ada E. Deer mid Assistant Secretary for Water and Science, Patricia Beneke and was officially announced at the 27th., Annual National Indian Education Association convention held in Rapid City this week.

"The educational materials made available to the Bureau-funded schools by the USGS will provide a much needed resource for our teachers and students," Ms. Deer said. "They will provide access to science activities that will engage our students in hands on, minds on activities. In addition, these resources will be augmented by scientists working with our teachers as mentors and with students to highlight careers in science. I look forward to the enrichment programs this agreement will provide to our schools located throughout the nation."

The task of supporting science education is not a new one for the employees of the USGS. The USGS has made extensive and varied efforts in educational outreach to many American Indian and Alaska Native students and teachers, such as USGS hands-on workshops in rock identification, map reading, and mining activities for Alaska Native high school students from villages throughout Alaska held this past June.

"The Memorandum of Agreement will help expand exposure of American Indian students to important science, providing valuable real life educational opportunities," Ms. Beneke said. The MOA establishes a task force of representatives from the BIA Office of Indian Education Programs and the USGS. The task force will identify a point of contact in each state in the OIEP system to help identify, coordinate, and distribute the educational resources currently offered by USGS. The task force also will assess how currently available USGS educational resources meet teachers' needs and make recommendations to improve the process.

On October 15, the Assistant Secretaries traveled to the Pine Ridge Reservation in South Dakota to provide teachers, administrators, school board members, and tribal government leaders an overview of the material and resources available through the USGS.

Ada E. Deer, Assistant Secretary for Indian Affairs announced that 177 federally-recognized tribes representing 18 tribal grantees are currently participating in a demonstration project that allows for the integration of the employment, training and related services provided by formula-funded programs from three federal agencies.

Since the enactment of this demonstration project job placements have significantly increased, and there has been a reduction in reporting requirements, in some cases, by approximately ninety-six percent. Federal funding in the amount of $17 million has been pooled by participating agencies for this demonstration project. "The 477 program, has been a great success and is an example of the Administration’s efforts to make government more responsive and flexible," Ms. Deer said. This program is authorized under P. L. 102-477 and is entitled the Indian Employment, Training and Related Services Demonstration Act of 1992.

The General Accounting Office (GAO) identified 154 various Federal work force development programs in their 1994 report to the Congress. Many of the 154 programs provide similar services to the same populations. The GAO concluded that:

Conflicting eligibility requirements and differences in annual operation cycles are hampering the ability of programs to provide participants needed services... Differences in eligibility criteria make determining who is eligible for which program a complex process that confuses clients and frustrates administrators.

"The 477 demonstration program changes all that,” Ms. Deer said. "Instead of operating 10 different federal programs, tribal governments now operate just one - commingling all federal funds. Instead of 10 separate tribal accounts, tribes only have one. Instead of 10 separate reporting requirements with 166 pages due quarterly, tribes now have only one annual reporting requirement."

"Some tribes initially expressed reservations due to funding transfer delays, or skepticism due to years of frustration. The same tribes now express their pleasant surprise because the 477 program has made it easier for staff at the tribal government level to do their jobs and to be more successful." Ms. Deer said. "The Cook Inlet Tribal Council increased their job placement from 500 the first year to 1,000 in the second year," Ms. Deer said.

All federally recognized Indian tribes are eligible to participate in this demonstration program that receives formula-funding for employment, training and related services from the Department of Labor's JTPA and Summer Youth Program., Department of Health and Human Services JOBS and Child Care programs, and BIA General Assistance, Tribal Work Experience, Adult Education, Adult Vocational Education, Johnson O'Mally and Direct Employment Programs.

For information about this program contact the Office of Economic Development, Division of Job Placement & Training, (202) 219-5270. Bureau of Indian Affairs, MS.-1458-MIB, 1849 C Street, NW, Washington, D.C. 20240.

Ada E. Deer, Assistant Secretary for Indian Affairs announced that the United States Supreme Court granted the federal government's petition for writ of certiorari on October 15, 1996 (95-1956) to review a decision of the United States Court of Appeals for the Eighth Circuit. The Eighth Circuit's decision entered on November 7, 1995 (69 F. 3d 878) concluded that Section 5 of the Indian Reorganization Act is an unconstitutional delegation of legislative power.

Section 5 of the IRA (25 U.S.C. 461 et seq.) is the general statutory authority used by the Department of the Interior to take fee land into trust status for Indian tribes. "This statutory authority has been used as a basis for the federal government to assist Indian tribal governments in acquiring land to promote economic development and tribal self-sufficiency," Ms. Deer said. "The Supreme Court's ruling yesterday is a significant victory for all Indian tribal governments."

In granting this petition, the U.S. Supreme Court ruled that the decision of the Eighth Circuit is vacated. The Court further instructed the Circuit Court to vacate the judgment of the United States District Court in this case and remand the matter to the Secretary of the Interior for reconsideration of his administrative decision. The court case in the Eighth Circuit involved 91 acres of land placed in trust for the benefit of the Lower Brule Sioux Reservation under the authority of Section 5 of the IRA. Since this litigation was instituted there has been an administrative procedure added to the regulation (25 CFR 151.12) guiding the Department in taking land into trust for Indian tribes. This final rule, published in the April 1996 Federal Register (61 FR 18082) establishes a 30-day waiting period after final administrative decisions to acquire land into trust and provides an opportunity for the decision to be reviewed in the appropriate federal district court.

President Clinton has signed an executive order that expands opportunities for federal assistance to tribal colleges and universities that serve approximately 25,000 American Indian and Alaska Native students. At the request of the White House, Secretary of the Interior Bruce Babbitt made the announcement in Phoenix, AZ, today before the opening session of the National Congress of American Indians.

President Clinton's Executive Order recognizes, for the first time, a government-wide federal commitment to tribal colleges. This order will: promote tribal sovereignty and individual achievement; strengthen tribal colleges and universities; offer expanded learning and future career opportunities for tribal members; improve tribal higher education so more tribal members will continue on to four-year institutions. This Executive Order also will advance National Education Goals and federal policy in Indian education.

President Clinton's approval of the Executive Order for Tribal Colleges and Universities promotes the same successful strategies as two other higher-education Executive Orders that he signed for Historically Black Colleges and Universities in 1993 and for Hispanic Serving Institutions in 1994.

"This Executive Order makes a solid connection between this Administration's priority to improve education and its ongoing efforts to strengthen the government-to-government relationship with tribes and tribal self-sufficiency," said Babbitt, who chairs the Working Group on American Indians and Alaska Natives of the White House Domestic Policy Council.

"We thank President Clinton for signing this Executive Order on behalf of American Indian tribes and their youth," said Assistant Secretary for Indian Affairs Ada E. Deer, who co-chairs the Working Group's Subgroup on Education. "This action also promotes the preservation and revitalization of American Indian and Alaska Native languages and cultural traditions."

To carry out these goals, the order calls for the creation of a presidentially appointed board of advisors and a White House Initiative Office within the Department of Education. Each participating federal agency, including the Interior Department, will be required to prepare a five-year plan that details how it will assist tribal colleges in participating in federal programs, address barriers to funding opportunities, and eliminate inequalities and disadvantages. Annual progress reports also will be prepared by the agencies for review by the Secretary of Education in consultation with the Director of the Office of Management and Budget.

The tribal colleges are:

Ada E. Deer, Assistant Secretary for Indian Affairs, invites everyone to participate in a POW WOW sponsored by the Bureau of Indian Affairs Equal Employment Office and the Bureau's Combined Federal Campaign (CFC) in celebration of National American Indian Heritage Month. The POW WOW will be held outside (weather permitting) and open to the public. This event will feature music, traditional dance, storytelling, cultural displays, and Native American lore. The activity will also feature representatives from various Native American organizations. , This POW WOW will be held on November 20, 1996 at RAWLINS PARK, which is on the north side of the OPM building on 19th & "E" Streets, NW. In case of inclement weather the event will take place in the Department of the Interior's Main Auditorium on 19th and "C" Streets, NW.

Events will begin at 10:00 AM until 2:00 PM. The sequence of events is as follows:

On October 29, 1996 President Clinton signed a proclamation, designating the month of November 1996 as National American Indian Heritage Month., "I join the President in affirming tribal self-governance and sovereignty, 11 Ms. Deer said." Our most important resource is our Indian children. The President, in this proclamation vows that American Indians will not be left behind as the bridge to the 21st century is constructed. We must focus on developing our single most important asset -- our Indian children."

In the proclamation the President states "It means that American Indian children and youth must be provided a solid education and the opportunity to go on to college." On October 21, 1996 President Clinton signed an executive order that expands opportunities for federal assistance to tribal colleges and universities that serve approximately 25,000 American Indian and Alaska Native students. This executive order:

• Reaffirms the special relationship of the federal government to American Indians and Alaskan Natives, ensures that tribal colleges and universities are fully recognized as accredited institutions, establishes a mechanism to increase accessibility of federal resources committed to tribal colleges/universities in their communities on a sustaining basis, promotes access to high quality educational opportunities for economically disadvantaged students, promotes the preservation and revitalization of American Indian/Alaskan Native languages and cultural traditions, and provides innovative approaches to relationships between tribal colleges and early childhood programs.

These are exciting times as we begin building the bridge for the American Indian community for the 21st century. This is a season of change. Accordingly, the BIA's observance theme is "SEASONS OF CHANGE." President Clinton"... urge[s] all Americans, as well as their elected representatives at the Federal, State, local, and tribal levels, to observe this month with appropriate programs, ceremonies, and activities. “In this context the BIA extends an open invitation to everyone to join us on this day.”

Ada E. Deer, Assistant Secretary for Indian Affairs announced that the U.S. Fish and Wildlife Service, (the Service) within the Department of the Interior, carried out Federal search and arrest warrants in the four corners area (New Mexico, Arizona, Colorado and Utah) today. This federal action is a culmination of a two-year undercover investigation which has been conducted by the Service, into the killing and selling of eagles and other protected migratory birds.

The warrants were executed in cooperation with tribal and BIA Law Enforcement Officials. "Thirty-five individuals and businesses will be charged with selling protected migratory bird parts," the Service states. "It is very tragic that wildlife is slaughtered in this manner for commercial purposes. More arrests will take place on the Navajo Nation today," Ms. Deer says. "The Department of Fish and Wildlife for the Navajo Nation is assisting the Service in this effort."

Estimates are that some eagle parts may sell for as much as $850.00 to $1,000.00. This has made illegal trafficking very lucrative and indications are that because of increased popularity and demand this illegal activity may become more attractive. The Bald Eagle Protection Act of June 8, 1940, amended for eagle parts in 1962 (16 U.S.C. 668 et seq.), prohibits the taking, possession, sale, purchase or transportation of bald eagles, their parts or feathers and provides for a narrow exemption for religious purposes of Indian tribes. Individual American Indians may obtain eagle parts if they are members of a federally recognized Indian tribe, have a federal permit issued by the Service and obtain eagle feathers or other parts from the National Eagle Repository near Denver, Colorado.

"I applaud the actions of the U.S. Fish and Wildlife Services in this enforcement endeavor," Ms. Deer says. Individuals charged in these arrests will be prosecuted by the federal government as opposed to the State or tribe. If convicted they may be sentenced to up to two years in prison and/or fined up to $250,000 per offense.