OPA

(WASHINGTON, D.C.) – Assistant Secretary – Indian Affairs Neal A. McCaleb today announced he has issued a Notice of Final Determination whereby he declined to acknowledge that the Duwamish Tribal Organization of Burien, Wash., (petition #25) exists as an Indian tribe within the meaning of Federal law. The decision is based on a determination that the petitioner does not satisfy three of seven mandatory criteria for Federal acknowledgment under 25 CFR Part 83, the Federal acknowledgment regulations, and therefore does not meet the requirements for a government-to-government relationship with the United States.

The petitioner did not satisfy criteria 83.7(a), 83.7(b) and 83.7(c) of the regulations. Criterion 83.7(a) requires the petitioner to have been identified on a substantially continuous basis as an American Indian entity. Criterion 83.7(b) requires the petitioner to have maintained a continuous community from historical times until the present. Criterion 83.7(c) requires the petitioner to have maintained political authority or influence on a substantially continuous basis from historical times until the present.

Having completed his review, the Assistant Secretary will publish the Notice of Final Determination on the Duwamish Tribal Organization in the Federal Register. This determination is final and will become effective 90 days from the notice’s publication date unless a request for reconsideration is filed with the Secretary of the Interior within 30 days following publication.

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(WASHINGTON, D.C.) – Interior Assistant Secretary – Indian Affairs Neal A. McCaleb will help to distribute more than 500 teddy bears collected by school children in Oklahoma for children in Washington, D.C., personally affected by the September 11 attacks.

Assistant Secretary McCaleb served as the Oklahoma Secretary of Transportation at the time the Murrah Federal Building in Oklahoma City was bombed.

PLEASE NOTE: For security reasons, the BLM or BIA will need beforehand the names of all reporters and camera people who will attend.

-BIA-

(WASHINGTON, D.C.) – Interior Assistant Secretary – Indian Affairs Neal A. McCaleb today announced the appointment of Wayne R. Smith, 52, as the Deputy Assistant Secretary – Indian Affairs. Mr. Smith is of American Indian heritage, Sisseton-Wahpeton Sioux – his mother was born and lived on the Tribe’s reservation in Fort Thompson, S.D., until her graduation from high school. “I welcome Wayne to my team,” McCaleb said. “His extensive Indian gaming, administrative, legal and policy experience will be invaluable as we work to shape Indian Affairs in the 21st century. He will be my Chief of Staff and responsible for the operation of the office, as well as be in charge of gaming, acknowledgment and land-into-trust.” “I look forward to this new challenge,” said Smith. “I want to thank the Secretary and the Assistant Secretary for their support and confidence as I tackle this exciting opportunity. I am especially pleased and honored to be charged with all gaming-related matters.” Prior to his appointment, Smith served as Chief Counsel to the California Assembly Republican Caucus. From 1991 to 1999, Smith was the Chief of Staff for the California Attorney General, where he supervised the day-to-day operations of the California Department of Justice with over 5,000 employees, including over 1,000 lawyers and 600 police officers, and a $600 million dollar budget. As the Deputy Assistant Secretary, Smith is a political appointee and the second in command of the Office of the Assistant Secretary – Indian Affairs. The Assistant Secretary oversees the Bureau of Indian Affairs, a 176-year-old federal agency with approximately 10,000 employees nationwide that provides services to, carries out its federal trust responsibilities for, and promotes the self-determination of the 558 federally recognized tribal governments and approximately 1.4 million American Indians and Alaska Natives. Under his purview are a 185-school system, one of only two federally administered school systems in the country; 29 tribally controlled colleges; law enforcement and detention programs and facilities; social service, firefighting, tribal economic development and Indian child welfare programs; trust resource management programs, including management of tribal and individual Indian trust assets; and the federal acknowledgement process.

(WASHINGTON, D.C.) – Interior Deputy Assistant Secretary – Indian Affairs Wayne R. Smith will be a guest speaker this Thursday, October 25, on Native America Calling, the national public affairs and news radio call-in program of the Koahnic Broadcast Corporation. He will address the Bureau of Indian Affairs’ role in the Federal Acknowledgment Process. The program will air live starting at 1:00 p.m. (ET).

Smith, who is Sisseton-Wahpeton Sioux, was appointed by Assistant Secretary – Indian Affairs Neal McCaleb to serve as his chief of staff. In addition to overseeing the Assistant Secretary’s office, Smith is also responsible for gaming, land-into-trust and acknowledgment matters.

-BIA-

(Washington) - Assistant Secretary-Indian Affairs Neal McCaleb will be the keynote speaker at the U.S. Department of the Interior's opening ceremony of American Indian Heritage Month on November 5, 2001. The celebration will officially begin a month of acknowledgment for the contributions made by American Indians to our country. With recent events in our nation, this year's theme is entitled, "Uniting All Nations Together As One." in honor of American Indians and this nation's commitment to freedom for all people.

The event will include a prayer and the lighting of a candle ceremony to honor the victims of the September 11th terrorist attacks on the United States. Native dancers, a traditional drum group and singers will provide an example of the diversified American Indian culture found in the Washington, DC area. The event will culminate with a special performance by 2001 Native American Music Award nominee "Pamyua," an a capella group from Alaska, whose blend of Yup'ik and Inuit dance, song and humor reflect the rich diversity found in all the Native cultures of Alaska. Recently named as one of the ten most influential artists in the history of Alaska by the Anchorage Daily News, Pamyua performed at the opening ceremonies for the 2001 Special Winter Olympics and will be seen on television in "Diversity in America," an eight part documentary series airing this fall on PBS.

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(WASHINGTON, D.C.) – In remarks at the 2001 National Tribal Roads Conference held last week in Albuquerque, N.M, Interior Assistant Secretary – Indian Affairs Neal A. McCaleb reaffirmed the authority of the Transportation Equity Act for the 21st Century Negotiated Rulemaking Committee, otherwise known as the TEA-21 Negotiated Rulemaking Committee, to develop proposed regulations and a new funding formula for the Bureau of Indian Affairs’ Indian Reservation Roads Program, while acceding to the committee’s request for more time to complete its work.

“I listened, empowered the committee, and responded to their proposal for additional time to mold a single formula,” McCaleb said upon extending the deadline to January 1, 2002.

The TEA-21 Negotiated Rulemaking Committee, which is comprised of 29 tribal members and 11 Federal members from the Department of the Interior and the Department of Transportation, had been working under an October 30, 2001, deadline.

The proposed regulations and funding formula are the result of meetings the committee held from March, 1999, through December, 2000. However, committee members could only narrow their conclusions to two different formulae. In order to break the impasse, McCaleb, at a meeting with the committee’s tribal co-chairs on October 10, 2001, announced his intent to propose a single funding formula that addressed the Act’s requirements and included concepts from the two formulae. At the same time, he informed committee members that they could submit another proposed single formula for his consideration by October 30. After deciding on which funding formula to propose, he said, he would then forward the proposed rule to the Federal Register for publication.

Before an estimated audience of 300 that included over 25 tribal leaders, McCaleb, a former Oklahoma Secretary of Transportation, presented his overall views on Indian transportation issues and spoke of developing comprehensive transportation strategies in an effort to begin a consultation process geared towards having both the BIA and tribal governments address common goals of funding and program improvements for Indian Country.

The Assistant Secretary – Indian Affairs oversees the Bureau of Indian Affairs, a 176-year-old federal agency with approximately 10,000 employees nationwide that provides services to, carries out its federal trust responsibilities for, and promotes the self-determination of the 558 federally recognized tribal governments and approximately 1.4 million American Indians and Alaska Natives. Under his purview are a 185-school system, one of only two federally administered school systems in the country; 29 tribally controlled colleges; law enforcement and detention programs and facilities; transportation, social service, firefighting, tribal economic development and Indian child welfare programs; trust resource management programs, including management of tribal and individual Indian trust assets; and the federal acknowledgement process.

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(WASHINGTON, D.C.) – Assistant Secretary – Indian Affairs Neal A. McCaleb today announced the Interior Department’s decision to withdraw in its entirety the final rule titled “Acquisition of Title to Land in Trust” that was published on January 16, 2001, citing the need for clear direction and processing standards for land into trust applications. “This action is consistent with the action we took 60 days ago when we asked for comment on the proposed withdrawal of the final rule,” McCaleb said. “Following consultation with tribes, we will publish new regulations.” Today’s action will be published in the Federal Register on November 9, 2001.

The Department had published two actions on August 13, 2001, stating that it was extending the effective date of the January 16 final rule and issuing a Notice of Proposed Withdrawal of the final rule to seek comments on whether the rule should be withdrawn and a new proposed rule promulgated. The Department took the action to examine more fully the public’s continued concern with the trust land acquisition procedures set out in 25 CFR Part 151, the Bureau of Indian Affairs’ regulation for taking land into trust.

“All along we have recognized that a balance must be struck between the needs of the tribes to acquire land in accordance with the intent of Section 5 of the Indian Reorganization Act and the concerns of those governments, communities and individuals who are affected by land into trust requests,” McCaleb said.

The decision to withdraw the final rule was based on public comments the Department had received to the August 13 notice on whether the rule should be withdrawn and a new rule promulgated. The Department received a total of 139 submissions of which 93 were from tribes, 18 were from state and local governments and federally elected officials, and 28 were from other interested groups and individuals.

In the August 13 notice the Department sought comments on specific areas of concern including individual applications for land into trust for housing or home site purposes; the requirement of land use plans for off-reservation acquisitions and as part of the designation of a Tribal Land Acquisition Area (TLAA); clarifying the standards contained in the final rule; the availability of applications for review and the use of technology to facilitate review of trust acquisition applications. The Department found that since the comments received contained various opposing views about the identified issues of concern, repealing only part of the final rule would be impracticable and inefficient.

Citing the need for the Bureau of Indian Affairs, the agency responsible for processing land into trust applications, to have clear direction and processing standards, the Department decided to withdraw the final rule in its entirety. The withdrawal of the final rule is effective immediately. The current regulation will remain in effect during the new rulemaking. It will also allow the Department to consult with tribes during this period on the areas of concern.

The Bureau provides services to and carries out the federal government’s trust responsibility for the 558 federally recognized tribal governments and approximately 1.4 million American Indians and Alaska Natives nationwide.

-BIA-

(WASHINGTON, D.C.) – Assistant Secretary – Indian Affairs Neal A. McCaleb will be a keynote speaker at the Joint Fall 2001 Tribal Self-Governance Conference with the Department of the Interior and Department of Health and Human Services. The event will be held November 12-16 at the Quinault Indian Nation Resort in Ocean Shores, Wash. Topics of discussion will be self-governance and trust reform.

Assistant Secretary McCaleb will appear on Wednesday, November 14 starting at 9:15 a.m. (PT) before a projected audience of over 400 tribal representatives from 220 federally recognized tribes who operate programs in accordance with the Tribal Self-Governance Act of 1994. The Act gives tribes the authority to administer programs and services previously managed for them by the federal government in ways that better address conditions unique to their reservations and communities. The conference is held biannually in the spring and fall.

Driving directions from Seattle-Tacoma Airport:

1. Go East on WA-518 to I-5 South (1.6 miles)
2. Go South to Exit 104, US-101, merge right (46.7 miles)
3. Stay on this road. It starts as 101, but will turn into WA-8 then to US-12 and then back to US-101 [from Exit 104 drive 6 miles, stay on road and it turns into WA-8. Proceed for 21 more miles and stay on road—it turns to US-12. Proceed for 21 more miles. You should be in Aberdeen, Wash.] (48 miles)
4. It will then turn into US-101. Continue west for 4.6 miles (you’re now in Hoquiam, Wash.) and turn left on Emerson Street or WA-109 and proceed West for 14 miles.
5. Take a left at WA-115 and go 550 feet to sign for Quinault Beach Resort. Turn right at sign.

Driving directions from Portland (OR) International Airport:

1. Go East on WA-114 to I-201 (1.4 miles)
2. Go Northwest on I-201 to I-5 North for 10 miles and it will merge onto I-5. Proceed North. (90.9 miles)
3. Take Exit 88-B
4. Drive Northwest on US-12 to Elma, Wash., take a left and merge onto Highway 12 (again). (26.6 miles)
5. Drive West for 20 more miles and Highway 12 turns into Highway 101, and you will be in Aberdeen, Wash. Proceed to Highway WA-109 (20 miles)
6. Turn left at Emerson Street (Hoquiam, Wash.) and proceed West for 14 miles. Take a left at WA-115 and go 550 feet to sign for Quinault Beach Resort. Turn right at sign.

-BIA-

(Washington, DC)--The U.S. Department of the Interiors Office of Indian Affairs headed by Assistant Secretary-Indian Affairs Neal McCaleb will be hosting a National Indian Energy Summit “Indian Energy Resources, Helping to Fuel America’s Needs” at the Adams Mark Hotel in Denver, Colorado on December 6 and 7, 2001. The intent of the Summit is provide a forum for tribes, federal agencies, and private companies to communicate energy initiatives currently unfolding as well as opportunities available in the future for tribes and Individual Indian mineral owners to participate in providing a solution to the vast energy needs of the United States of America.

In May 2001, the National Energy Policy Development Group submitted their report, titled National Energy Policy, and one of the President’s priorities is to provide reliable, affordable environmentally sound energy sources. Part of the process is to assess the domestic energy resource potential for fossil fuels (oil, gas, coal, and coal bed methane) as well as renewable resources such as hydro, wind, solar, and geothermal power resources and facilitate new or increased production. Concurrent with development of energy resources is providing the infrastructure to process and carry energy to the end user as well. These infrastructures include such things as oil and gas refineries, pipelines, electrical power generation facilities, and electrical power transmission grids. This new focus on the nation’s energy needs will provide new and unique opportunities for Indian tribes and Individual Indian mineral owners to participate in this effort.

At the present, the Bureau of Indian Affairs (BIA) manages approximately 56 million acres of land held in trust for individual Indians and tribes in the lower 48 states and Alaska. There are 1.81 million acres actively leased of, oil, gas, and coal in various phases of exploration and development. These resources generated $160 million in royalty revenue paid to individual Indian mineral owners and tribes in1999 alone. It is estimated that an additional 15 million acres of underdeveloped energy resources exist on individual Indian mineral owners and tribal lands.

Production of oil, gas and coal from Indian lands has made significant contributions to national supplies. The contribution from Indian lands to national onshore production from 1937 through 1997 was 13.77% for oil, 10.73% for gas and 13.36% for coal. From 1980 through 1999, the contribution of Indian production was 11.03% for oil, 10.80% for gas and 10.70% for coal. It is apparent that production of energy minerals from Indian lands remains significant at greater than 10% of total federal onshore production (MMS Minerals Revenue Reports). Production from Indian lands in 2000 was 9.3 million barrels of oil, 299 billion cubic feet of gas and 21.4 million short tons of coal.

The keynote Address will be delivered by Gale A. Norton, Secretary of the Interior. Andrew Lundquist, Chief of Staff to the Vice President of the United States will provide an Overview of the Energy Policy for the United States. Tribes that are presently involved with energy production will speak about their experiences. The Confederated Tribes of Warm Spring and Yakima Nation will speak about Tribes Hydro-power Project on or near Indian Lands. The Southern Ute Tribe will speak about the Southern Ute Tribe Project a successful Partnership. The Honorable Daniel K. Inouye, Chairman, Senate Committee on Indian Affairs. The Honorable Ben Night Horse Campbell, Vice Chairman, Senate Committee and The Honorable Jeff Bingaman, Chairman, Senate Committee on Energy and Natural Resources have been invited to the Summit. Panel discussions will include “What Can the Department of the Interior Do to Assist in Tribal Resource Development.” The panel will include representatives from the Bureau of Indian Affairs, Mineral Management Service, Bureau of Land Management, Office of Surface Mining, and Bureau of Reclamation. During the Second day, an open forum for tribal leaders: The Future of Energy Development in Indian Country will be held. A. David Lester, Director of the Council of Energy Resources Tribes will facilitate the panel.

–BIA--

(Washington)-- Assistant Secretary-Indian Affairs Neal A. McCaleb will participate in a ground breaking ceremony held by the Muskogee (Creek) Nation of Oklahoma for a six million dollar office building that will house a Bureau of Indian Affairs regional office. "This project is an example of federal and tribal governments working to ensure needed services continue in a cooperative effort." said Perry Beaver, Principle Chief of the Creek Nation. The ground breaking ceremony will take place in Muskogee, Oklahoma on Friday, December 14, 2001 at 10:00 a.m. at the site located at Highway 69 and Peak Boulevard.

The 4500 square foot building is slated to be completed in September 2002, and will house the Bureau of Indian Affairs Eastern Oklahoma Regional office, which administers programs for the 21 federally acknowledged tribes located in eastern Oklahoma. "I'm glad the tribe took a proactive approach to providing economic development for the region and for helping the Bureau of lndian Affairs with a space problem at it's present facility," said Assistant Secretary Indian Affairs McCaleb. "It's a win-win situation for both parties."

The ground bre4king ceremony will include addresses by Will Freeman, Executive Director of the Muskogee Creek Nation. R. Perry Beaver, Principal Chief of the Muskogee Creek Nation of Oklahoma. U.S. Department of the Interior Assistant Secretary-Indian Affairs Neal A. McCaleb.

The Muskogee (Creek) Nation of Oklahoma has 51,000 tribal members. They are located on land in the north-central portion of Oklahoma including the city of Tulsa. The tribe has 6,000 acres of land under federal trust and over 1.9 million acres allotted to it's members. It's capital is located at Okmulgee, Oklahoma.

The Bureau of lndian Affairs, a 176-year-old federal agency has 12 regional offices with approximately 10,000 employees nationwide that provides services to, carries out its federal trust responsibilities for, and promotes the self-determination of the 558 federally recognized tribal governments and approximately 1.4 million American Indians and Alaska Natives.

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