OPA

Commissioner of Indian Affairs Morris Thompson, in a long afternoon meeting January 9 and all day January 10 in Washington, D.C. with elected executive boards of the two major national Indian organizations --the National Tribal Chairmen's Association and the National Congress of American Indians --solicited their views and recommendations on the organization of the Bureau of Indian Affairs, recruitment techniques for staff positions, and budgeting goals and objectives of the 141 year-old Agency.

"I want Indian people, their tribal councils and organizations fully involved in decisions that will directly affect them. and I want to establish better communications between the Bureau of Indian Affairs and the tribes and their members so that Indian groups this Agency serves can realize, fully, self-determination," Thompson began.

"American Indians have the right to expect an effective and efficient Bureau of Indian Affairs. They have the right to expect that the money appropriated by Congress for Indians is spent wisely, and that each dollar directly or indirectly benefits Indians at the local and individual level. Indian people have a right to determine what the Indian priorities will be, and how they are to be met."

Representatives of the two Indian groups also reviewed goals for the Bureau of Indian Affairs.

A representative of the Assistant Secretary, Management, of the Department of the Interior and Thompson indicated that they wished the Indian leaders to comment on possible priorities and degree of, emphasis. The Departmental representative explained that the policy of the Department --to which Thompson reports --has a system of "management by objective." Manpower and dollars are paired, in order to set dates for accomplishments.

Attending were: National Tribal Chairmen's Association: Governor Robert Lewis, President (Zuni Pueblo); Bill Youpee, Executive Director (Fort Peck); Elmer M. Savilla, Vice President (Quechan); Kenneth Black, Secretary (Otoe-Missouri). National Congress of American Indians: Ernest Stevens, Vice President (Oneida); Charles Trimble, Executive Director (Oglala Sioux). Two Area Representatives of the National Tribal Chairmen's Association sat in on the January 10 sessions. They were Chairman Buffalo Tiger (Miccosukee) and Chairman Alvino Lucero (Isleta Pueblo).

Secretary of the Interior Cecil D. Andrus has asked the Congress to extend the January 31 deadline for completion of projects authorized under the 1977 Emergency Drought Act to keep them eligible for Federal funding.

The Act gave the Secretary temporary emergency authority to make grants and interest free loans to fund water construction, management and conser1ation projects to ease the impact of the severe drought which hit most of the West in 1976 and 1977. To ensure that Federal funds under the Act went only to emergency drought measures Congress imposed a November 30, 1977, deadline for project completions.

When it later became apparent that some otherwise eligible projects would fall short of completion by that date, Congress extended the deadline to January 31.

Andrus said 66 projects in the West for which the Interior Department has authorized grants and loans will not be completed by January 31.

"The states, local governments, irrigation districts, Indian Tribes and other Federal agencies have begun construction and pushed hard to complete these projects," Andrus said.

"But through no fault of their own--because of delays in supply deliver­ies, bad weather or other problems--they will not meet the deadline. The cut-off date in the amended Emergency Drought Act is absolutely clear; Congress made no exceptions and gave me no authority to grant any. I am very much in sympathy with those who have diligently pursued construction work but the only way we can get them past the January 31 deadline is for the Congress to amend the Act once more."

The Secretary said the bill he is proposing to Congress authorizes no new projects or additional funds. It would simply give him discretion to allow a reasonable time for completion of work already underway.

"All 66 projects are in various stages of completion and some of the loan and grant money has been spent on work done to date, 11 Andrus said. “The spon­sors are trying to complete as much work as they can by January 31. We won't know until then exactly how much money these entities stand to lose if the deadline isn't extended."

Except for grants to the States of California, New Mexico, Illinois, and Wisconsin, the Colorado Water Conservancy Board and eight Indian Tribes for fishery projects, the remaining unfinished projects received interest-free loans with repayment periods ranging from 5 to 30 years. The Secretary said California probably has the most at stake in the extension. Fourteen projects there, at a total completed cost of $9.7 million, will miss the cut-off date. In addition, the State of California will be unable to finish weather modification work for which it received a $3.6 million grant.

Andrus also said 29 of the unfinished projects--eight for fisheries and 21 for irrigation--are on Indian lands. Total cost of the 29 on completion will be $10.7 million. While the Indian projects suffered the same delays from weather and contracting backlogs as others, funding delays compounded the problem. Most of the funds available under the Emergency Drought Act had been obligated by August. But the legislation extending the original dead­line also freed an additional $75 million for construction under the Act. As a result, some of the Indian projects were not funded until September.

The U.S. Fish and Wildlife Service received $3.3 million to mitigate drought damage to habitat on lands managed by that agency. Some of these projects suffered similar delays.

According to the Bureau of Reclamation, already completed under the Emergency Drought Act are 52 projects funded by $18.1 million in interest-free loans and 68 under grants totaling $13.0 million. The Bureau of Indian Affairs lists 35 Indian irrigation projects completed with $11.6 million in loans and five Indian fishery projects with $440,000 in Federal grants. The U.S. Fish and Wildlife Service has also completed fishery and wildlife projects costing

$2.2 million, with $1.1 million in projects still uncompleted.

Following is a list of the uncompleted projects, their sponsors, a brief description of the work and the total completed cost:

BUREAU OF RECLAMATION PROJECTS

Washington

Okanogan Irrigation District. Replace pumping plant. $1.75 million.

Oregon

Warm Springs Irrigation District. New pump. $50,000.

Idaho

Band P Irrigation District. Drill new well. $30,000.

California

Santa Ynez Water Conservancy District. Drill two wells and install pumps $340,000.

Chowchilla Water District. Wells and tailwater return system pipelines. $4.5 million.

Georgetown Divide public utility district. Four diversion structures and pipelines. 184,750.

Merquin County Water District. Twenty wells and pumps. $440,000.

Madera Irrigation District. Pipelines, pumps and meters. $1,193,273.

Placer County Water Association. Pipeline. $201,000

West Side Irrigation District. Replace 10 miles of open ditch with pipelines

$569,000.

Natomas Central Mutual Water Conservancy. Modify pump station, install pumps, dredging and pilings. $250,000.

Jacob Rancho Water Conservancy. Five deep wells. $500,000.

El Nido Irrigation District. New wells and pumps. $1 million.

State of California. Weather modification program. $3.6 million grant.

Nevada

Truckee Carson Irrigation District. Pumps, meters, line ditches. $268,400.

Utah

Muddy Creek Irrigation Company. Repairs to Emery Reservoir. $600,000.

Newton Water Users' Association. Line 13,000 feet of ditch. $65,000.

New Mexico

State Department of Game and Fish. Various water-saving features at hatcheries and wildlife areas. $223,000 grant.

Nebraska

Gering Irrigation District. Line canals. $247,300.

Pathfinder Irrigation District. Line laterals. $534,400

Central Nebraska Powerplant and Irrigation District. Install 13.2 miles of pipeline. $346,400.

Farwell Irrigation District. Install 15 miles of pipeline. $215,000.

Kansas

Kirwin Irrigation District. Pipelines. $155,000

Colorado

Amity Mutual Irrigation Conservancy. Repair and line canals. $194,000.

Colorado Water Conservancy Board. Weather modification program. $600,000.

Illinois

Illinois Department of Conservation. Construct various pumping facilities $500,000.

Wisconsin

Wisconsin Department of Natural Resources. Construct pumping facility. $53,000.

INDIAN PROJECTS

Idaho

Fort Hall Tribes. Twelve irrigation wells drilled, cased and equipped. $628,500.

New Mexico

Isleta Pueblo. Twenty irrigation wells. $530,000.

Jemez Pueblo. Four irrigation wells. $60,000.

Picuris Pueblo. 4,000 foot concrete canal lining. $48,300

Pojoaque Pueblo. Rehabilitate diversion dam. $23,600.

San Juan Pueblo. 8,800 foot concrete canal lining. $94,500.

Santa Ana Pueblo. Four irrigation wells $60,000.

Santo Domingo Pueblo. Five irrigation wells. $114,000.

Taos Pueblo. Concrete lining. Rehabilitation of 12,500 foot canal and one irrigation well. $402,200.

Zia Pueblo. Enlargement of storage reservoir. $139,200.

Mescalero Apache. 7,000 foot concrete pipeline $137,000.

Navajo. Lining looking siphon. $200,000.

Washington

Colville. Two irrigation wells and equipment. $55,000.

Yakima. Develop and equip irrigation wells. $5 million.

Hoh Fishery. One Well. $7,500

Lower Elwa Fishery. New diversion structure and lining of rearing ponds $243,000.

Lummi Fishery. Well drilling and stream diversion. $103,000.

Muckleshoot Fishery. To acquire water source. $36,000.

Nisqually Fishery. Acquisition of water source and develop wells. $230,000.

Skokomish Fishery. Install well and rearing ponds. $155,600.

Arizona

Gila River (Pima). Drill and equip 15 wells. $1,500,000. Kaibab. Spring development and pipeline. $71,000.

San Carlos Apache. Wells and river p1DDps. $128,100.

Nevada

Campbell Ranch. Drill and· equip four wells, $148,000. Ft. McDermitt. Drill and equip four wells. $226,000. Pyramid Lake Fishery. Rehabilitate one well. $8,400. Summit Lake Fishery. Drill and equip one well. $44,000 Walker River. Drill and equip four wells. $186,000,

Yomba. Drill and equip three wells. $145,000.

FISH AND WILDLIFE SERVICE PROJECTS

Minnesota

Watonwan. Water control structures. $10,000.

Michigan

Shiawassee. Pumping station. $90,000.

South Dakota

Lake Andes. New ponds. $60,000.

Nebraska

Hastings. Wells and pump stations. $50,000.

Washington

Entiat. Wells and pump system. $124,000.

California

Sacramento. Wells, $220,000.

Tehama-Colusa. Wells and water chillers. $100,000.

Coleman. Water delivery system. $200,000

Marble Bluff. Silt removal. $30,000.

OREGON

Eagle Creek. Water reuse system. $185,000.

Regulations governing eligibility for preference in employment in the Bureau of Indian Affairs were published January 17 in the Federal Register, Interior Assistant Secretary Forrest Gerard announced today.

The regulations define the term "Indian" for purposes of initial hire, promotion, transfers and all other appointments to vacancies in the Bureau.

Those persons entitled to Indian preference, according to the regulations are:

* Members of any recognized Indian tribe now under Federal jurisdiction;

* Descendants of such members who were, on June 1, 1934, residing within the present boundaries of any Indian reservation;

* All others of one-half or more Indian blood of tribes indigenous to the United States;

* Eskimos and other aboriginal people of Alaska; and

* For the next three years from the effective date of these regulations, a person of at least one-quarter degree Indian ancestry of a currently federally recognized tribe whose rolls have been closed by an Act of Congress.

The proposed regulations have a grandfather clause which protects all persons employed by the Bureau of the effective date of these regulations who received preference in any previous appointment. They will continue to be preferences eligible so long as they are continuously employed by the Bureau.

These regulations implement a long-standing Federal policy which was clarified and strengthened by a 1974 Supreme Court decision.

These regulations are effective 30 days after publication.

Martin E. Seneca, Jr., is returning to the Bureau of Indian Affairs as Director of Trust Responsibilities, Interior Assistant Secretary Forrest Gerard announced today.

Seneca was formerly Trust Responsibilities Director from May, 1974 to November, 1976. He has most recently been with the Federal Energy Agency as Assistant General Counsel for Conservation and Deputy Assistant Administrator for Conservation and Environment.

Gerard, who has consistently stressed the priority of str4ngthening the Bureau's capacity to fulfill its role as trustee, said that "the role of trustee in an age of Indian self-determination is delicate. It requires understanding of the Indian peoples and the ability to work well with them. It also requires special knowledge, intelligence and strength. I think that Martin Seneca has these qualities and, consequently, I am pleased that he will be in this important position."

A member of the Seneca Indian Nation of New York, Seneca is a 1971 graduate of the Harvard School of Law. He earned a B.S. in Political Science and an M.S. in Public Administration from Brigham Young University.

Seneca, 36, is a former White House Fellow. He has and been worked a brief associate professor of law at the University of Utah and worked briefly for a Washington, D.C. law firm.

His appointment is effective January 29.

Secretary of the Interior Cecil D. Andrus announced today that a proposal has been sent to the Congress recommending designation of the Lewis and Clark Trail as a National Historic Trail in the National Trails System.

Legislation proposed earlier to the Congress would add National Historic Trails as a new category of trails within the National Trails System. They would complement the existing three types of trails: National Scenic Trails, National Recreation Trails, and connecting or side trails.

A study of the Lewis and Clark Trail was conducted by the Interior Department's Bureau of Outdoor Recreation, pursuant to the National Trails System Act of October 2,1968, Public Law 90-543. The Bureau was assisted in the study by the Federal agencies which administer lands along the proposed route, by the States through which the trail passes, The Lewis and Clark Heritage Foundation, Inc., and by other interested organizations and individuals.

The proposed Lewis and Clark National Historic Trail would cover some 3.700 miles following the outbound and inbound routes of the 1804- 1806 Lewis and Clark Expedition. The trail begins near St. Louis. Missouri and is primarily water-based along the Missouri Snake and Columbia Rivers. The route crosses portions of Missouri. Kansas. Nebraska. Iowa. South Dakota. North Dakota. Montana. Idaho. Oregon and Washington. Its western terminus is the mouth of the Columbia River.

The Lewis and Clark Expedition of 1804-1806 is considered by many historians to be the most important event in the development of the Western United States.

BOR studies indicate that despite extensive development and alterations along both the land and water passages, significant segments of the Expedition's route offer a variety of historical, scenic, and recreation opportunities.

According to the BOR surveys, land ownership along the trail route is approximately 46 percent public; 5 percent Indian; and 49 percent private. Nearly 15 million people live within 100 miles of the trail corridor.

Secretary of the Interior Cecil D. Andrus today urged the Senate Energy committee to adopt President Carter's recommendation to designate 92 million acres of federal lands in Alaska as new or expanded units of the National Park, Wildlife Refuge, Wild and Scenic River or National Forest systems.

"Through enactment of these proposals, we can be certain that the crown jewels of Alaska -- its most spectacular natural environments, recreation areas and wildlife habitats -- will remain intact for the benefit of our nation's citizens," Andrus said.

"It is only in Alaska -- out of all our great nation -- where we can still see land much as the first migrants across the Bering Sea from Asia must have seen it tens of thousands of years ago," Andrus told the committee.

The recommendations would add about 45 million acres to the National Park system in 13 units and about 42 million acres to the Wildlife Refuge systen1 in 13 units. In addition about 3 million acres will be added to the Tongass and Chugach national forests in Southeast and Southcentral Alaska, and 33 rivers with a total area of about 2.3 million acres will be added to the Wild and Scenic River System.

The House Interior Subcommittee on General Oversight and Alaska Lands began marking up similar legislation this week.

The recommendations offered by Andrus today stem from Section 17(d)(2) of the 1971 Alaska Native Claims Settlement Act which directed the Secretary of the Interior to nominate land in Alaska for inclusion in the four conservation systems. The act set a deadline of the end of 1978 for Congressional action on the Secretary's recommendations.

In his testimony, Andrus noted that there were "hard decisions," over the classification of certain areas. But, he said, the decisions "reflect my best judgment."

He also said they reflect "the Interior Department's, and this Adminis­tration's commitment to protect Alaskan wildlands while remaining sensitive to Alaska's and the Nation's need to own and develop resources."

An Interior Department task force working on the reorganization of the Bureau of Indian Affairs has scheduled field conference meetings in five locations between January 30 and February 8. Notice of the meetings is being published in the Federal Register.

The purpose of the meetings is to receive comments concerning issues and problems involving the BIA reorganization. Persons wishing to testify are asked to give four days' prior notice.

Meetings will be in Phoenix, January 30; Oklahoma City and Denver February 1; Port1andt Oregon February 2 and Du1utht Minnesota, February 8.

Notice should be given to the BIA offices in Phoenix (261-4101), Minneapolis (725-2037), Oklahoma City (231-4217), Denver (837-5301). For additional information contact or Portland (234-3361). Jack Rushing, Task Force Director, Department of the Interior, Washington, D.C. 20240, 202-343-6010.

In a step aimed at clearing the way for an exchange of land between the Federal Government and the Navajo Indian Tribe, the Interior Department's Bureau of Land Management is proposing the withdrawal from mineral entry of 57,000 acres of public land in San Juan County, New Mexico.

The land exchange would allow the Navajos to acquire land where Tribal families are now living. The Bureau of Land Management would acquire approximately 80,000 acres 'in McKinley County within the El Malpais Outstanding Natural Area south of Grants, New Mexico.

The Navajos and BLM have been working on this exchange for several years and the Tribe has been acquiring land in El Malpais for trading stock. When finalized, the exchange will allow the Navajos to hold the land they acquire in trust for Tribal members currently using the area. The land acquired by the Federal Government would allow BLM to "block up" the Outstanding Natural Area to help preserve the unique lava flow and other geologic features for the public.

Purpose of the proposed withdrawal is to prevent additional staking of mining claims in the 57,000 acres to be acquired by the Navajo Tribe. There is 'some uranium in the area and some claims have been staked. The exchange will be subject to a reservation of coal and other minerals to the United States, and after the exchange is completed, the withdrawal would be revoked and the lands reopened to mineral entry.

Interior spokesman explained that the land is being temporarily withdrawn from mineral entry because mining claims staked on public land carry an encumbrance on the transfer of surface rights. No such encumbrance is incurred after surface rights have passed from Federal ownership. The BLM State Director in New Mexico will work out an agreement with the Navajo Tribe concerning the conditions for transfer of mineral rights after surface rights have passed to the tribe.

The Department of the Interior has ordered four coal companies to show cause within 30 days why their prospecting permits and mining leases on Crow Tribal lands in Montana should not be canceled because they exceed limitations on lease size.

Involved in the action are American Metals Climax (AMAX) and Shell Oil Co., which have mining leases; and the Peabody Coal Co. and Gulf Oil Corp. which have permits with options to lease. The companies are entitled to an administrative hearing on the matter.

The action follows by a year then-Secretary of the Interior Thomas Kleppe's decision that the companies' leases and lease options violated a 2,560-acre limitation. He ordered Shell and AMAX to cut their leases to the limit or show a clear need for more acreage. He also ruled that Peabody's and Gulf's req1.1ests for leases larger than 2,560 acres were unsupported and that larger leases would have to be negotiated with the Tribe.

Kleppe's decision was aimed at ending a suit the Crow Tribe filed against the Department in 1975, and later against the four coal companies, to have the leases and permits invalidated on grounds they exceeded acreage limitations and that the Department had failed to prepare Environmental Impact Statements on the leases.

The Tribe argued that leases--and permits granted with preferences to lease--are limited by regulation to 2,560 acres unless the permittee can show more acreage is necessary to provide coal for industrial facilities built on or near the reservation.

A continuation of the 1975 suit is now pending in the Montana U.S. District Court. In another attempt at ending the suit, the Department warned the companies last September that action to cancel would be initiated if no progress in negotiations were ma4e under the Kleppe order within 60 days. On the basis of that directive, the court gave the Department a 90-day stay but ordered it to report its position on the suit and on the validity of the leases and permits. The show cause order complies with that reporting deadline.

"Since we put the companies on notice in September there has been no progress in the negotiations--and none in the year since Secretary Kleppe's decision, for that matter, “said Interior Solicitor Leo M. Krulitz. “Some of the companies contend that because of disputes among the representation, they haven't known whom to negotiate with but regardless of the disputes, there have always been duly elected tribal officials to whom an offer might have been submitted.”

The four companies were successful bidders for coal prospecting permits on Crow lands in three sales dating back to 1968. Terms of the permits included exclusive options to lease for mining with a royalty of 17.5 cents per ton. Bonus payments for the permits ranged from as little as the $1 which Peabody paid for each of its 86,000 permit acres to AMAX’s $15.33 per acre for 16,617 acres.

Shell received a mining lease on 30,247 acres of permit lands in 1972 and AMAX on 14,236 acres in 1973. Gulf has asked for a lease on most of the 73,000 plus acres it has under permit and Peabody began negotiations with the tribe for an 11,000 acre mining lease. Both leases have been delayed pending completion of environmental Impact Statements. That work also hinges on negotiations between the tribe and the companies. In his 1977 order, Kleppe told the companies that Environmental Impact Statements would be required for each lease. But that no EIS work would begin until the companies reached agreement with the Tribe over lease size.

An American Indian planning committee has set three goals for a White House Pre-conference dealing with library services on reservations, Dr. William Demmert, Director of the Bureau of Indian Affairs' Office of Indian Education announced today.

Goals for the session to be held next October in Denver are to raise awareness among Indian people of the value of libraries, to help develop a consensus on a long-range plan to improve library services on reservations and to provide an organized Indian contribution to the subsequent White House Conference on Library and Information Services.

The planning committee is composed of thirteen American Indians who have demonstrated concern for Indian library and information services and who represent a cross section of Indian people.

Staff support for the groups is provided through the BIA's Office of Indian Education and the Interior Department's Office of Library and Information Services.

Members of the Committee are: Maxine Edmo (Shoshone-Bannock), Ft. Hall Education Council, Ft. Hall, Idaho; Anthony D. Genia (Ottawa/Choctaw), Minnesota Indian Consortium for Higher Education, Hamline University, St. Paul, Minnesota; David Gipp (Sioux), Educational and Technical Center, United Tribes of North Dakota, Bismarck, North Dakota; Joseph Hardy (Navajo}, Navajo Small Business Development Corporation, Ft. Defiance, Arizona.

Calvin Issac (Choctaw), Chairman, Choctaw Tribe, Philadelphia, Mississippi; Dr. Cheryl Metoyer (Cherokee), School of Library and Information Science, University of California at Los Angeles; David Risling (Hoopa), Deganawidah-Quetzcoa:tl University Davis, California; Joseph "Bud" Sahmaunt (Kiowa), Oklahoma City University, Oklahoma City, Oklahoma: Lotsee Smith (Comanche), College of Education, University of New Mexico.

Pete Soto (Cocopah), Phoenix Area Office, Bureau of Indian Affairs; Minerva C. White (Mohawk), Native American Special Services, St. Lawrence University, Canton, New York; Marilyn Youngbird (Arikara), Colorado Commission on Indian Affairs, Denver, Colorado: and Virginia H. Mathews (Osage), Chairman of the Pre-Conference, Director of Gaylord Professional Publications, Syracuse, New York.