OPA

WASHINGTON, DC: Secretary of the Interior Ken Salazar today released the following statement regarding the proposal in the House of Representatives to repeal the Affordable Care Act and the Indian Health Care Improvement Act

“The Affordable Care Act is a vital tool for Native American communities that are working to improve quality of life, overcome health care disparities, and improve wellness and health in Indian Country,” said Secretary of the Interior Ken Salazar. “A vote to repeal the Affordable Health Care Act would only turn back the clock on the real progress we are making toward ensuring that Native Americans have access to quality, affordable health care.”

“The Affordable Care Act included landmark legislation that permanently reauthorizes the Indian Health Care Improvement Act, which is so important to modernizing and improving the health care provided by the Indian Health Service to American Indians and Alaska Natives,” added Salazar. “Without the Affordable Care Act, Native Americans will continue to face escalating costs, deep health care disparities, and growing health challenges.”

In addition to permanently reauthorizing the Indian Health Care Improvement Act, the Affordable Care Act:

• Includes important tax exclusions for individual Native Americans whose tribes have opted to purchase health insurance for their members.
• Allows tribes who operate programs under the Indian Self-Determination and Education Assistance Act to purchase federal insurance for employees.
• American Indians and Alaska Natives are exempt from tax penalties for not enrolling in an exchange plan.
• Expands Medicaid coverage to individual with incomes up to 133% of the poverty level starting in 2014.

Albuquerque, N.M. -- Southwestern Indian Polytechnic Institute (SIPI) will undergo a comprehensive evaluation visit March 21-23, 2011, by a team representing The Higher Learning Commission of the North Central Association of Colleges and Schools. The public is being invited to submit comments on the school until next month. SIPI has been accredited by the Commission since 1975.

The Higher Learning Commission is one of six accrediting agencies in the United States that provide institutional accreditation on a regional basis. Accreditation is the primary means for assuring accountability; it certifies institutional quality and protects the institution’s academic freedom. Institutional accreditation evaluates an entire institution and accredits it as a whole. Other agencies provide accreditation for specific programs. Accreditation is voluntary. The Commission accredits approximately 1,100 institutions of higher education in a 19-state region. The Commission is recognized by the U.S Department of Education.

For the past year-and-a-half, SIPI has been engaged in a process of self-study, addressing the Commissions requirements and criteria for accreditation. The evaluation team will visit SIPI to gather evidence that the self-study is thorough and accurate. The team will recommend to the Commission a continuing status of SIPI; following a review process, the Commission itself will take the final action.

Comments should be sent to:

Public Comment on Southwestern Indian Polytechnic Institute

The Higher Learning Commission

30 North LaSalle Street, Suite 2400

Chicago, Ill. 60602

Comments must address substantive matters related to the quality of SIPI or its academic program. Written, signed comments must be received by February 21, 2011. The Commission cannot guarantee that comments received after the due date will be considered. Comments should include the name, address and telephone number of the person providing the comments. Comments will not be treated as confidential.

Individuals with a specific dispute or grievance with SIPI should request the separate Policy on Complaints document from the Commission office. The Higher Learning Commission cannot settle disputes between institutions and individuals. Complaints will not be considered third party comment.

WASHINGTON – Bureau of Indian Affairs Director Michael S. Black today announced that he has named Eugene R. Virden as Regional Director of the BIA’s Alaska Regional Office in Juneau. Virden, an enrolled member of the White Earth Band of the Minnesota Chippewa Tribe, had been serving as the acting regional director since December 21, 2009. The Alaska Regional Office oversees two agencies serving 229 federally recognized Alaska Native tribes and villages. His appointment will become effective on January 30, 2011.

“Eugene Virden’s extensive federal administrative, program and financial management experience has been of great service to the Bureau of Indian Affairs and its Alaska Regional Office,” Black said. “I am pleased that by accepting this appointment he will continue to ensure that the BIA meets its obligations to the Alaska Native tribes.”

“I want to thank BIA Director Mike Black and Assistant Secretary-Indian Affairs Larry Echo Hawk for this tremendous opportunity,” Virden said. “I am looking forward to working with them on how we can improve our ability to serve the Alaska Native people.”

While acting regional director, Virden had been serving since October 2009 as the Deputy Regional Director-Native Services. As such, he was responsible for the day-to-day operations and administration of the Bureau’s Indian Services programs in the Alaska Regional Office.

After serving in the U.S. Marine Corps from 1969 to 1971, Virden’s 22-year career with the BIA, 13 of which have been in Alaska, began in December 1988 following several years in the private sector (November 1974 to November 1988) as the co-owner of Broberg, Virden and Johnson, LTD, a CPA firm, and Itasca Computer Services, both of Grand Rapids, Minn.

In December 1988, Virden joined the BIA’s Alaska Area Office (now the Alaska Regional Office) in Juneau as an Accounting Officer, where he served until May 1999. As such, he supervised the obligation of all funds in Alaska for the BIA. During that period, from June 1 through July 31, 1992, he was detailed to the Bureau’s Division of Accounting Management in Albuquerque, N.M., as Acting Chief of the Branch of Payments. The Division was responsible for all accounting in the Bureau and reported to the Deputy Commissioner of Indian Affairs.

From May 1999 to August 1999, Virden served as Finance Officer for the BIA at its headquarters in Washington, D.C, where he supervised the obligation of all funds for the Bureau’s central office operations.

His time spent in Washington was immediately followed by a stint as the Acting Chief of the Division of Accounting Management in Albuquerque, from August 1999 to June 2000, where he oversaw the day-to-day operations of all payments, billing, collections and internal and external reporting for the Bureau. During his tenure, the BIA received its first clean (unqualified) opinion on the Chief Financial Officers Audit. In June 2000, he was named the division’s chief, where he served until November 2001.

In November 2001, Virden was named Finance Officer for the BIA’s Midwest Regional Office in Fort Snelling, Minn. As such, he supervised the obligation of all funds at the regional office, where he remained until December 2002 when he was named Superintendent of the Bureau’s Minnesota Agency in Bemidji.

As Superintendent, Virden oversaw all areas of the Agency’s activities and the delivery of BIA services to the six bands and reservations of the Minnesota Chippewa Tribe, as well as the coordination of all BIA administration, Indian services, trust responsibilities, economic development, employment and natural resources programs at the agency.

He moved from Minnesota in February 2008 when he was named the Superintendent of the Bureau’s West-Central Alaska Agency in Anchorage. As such, he was responsible for the overall planning, organization, staffing, controlling, execution and coordination of all administration, enrollment and Indian services at the agency. He held the position until October 2009 when he was named the Deputy Regional Director-Native Services.

Virden holds a Bachelor of Science degree in Public Accounting from St. Cloud State College (now St. Cloud State University) in Minnesota (1974).

He is married with two children and two grandchildren.

WASHINGTON, DC -- Secretary of the Interior Ken Salazar today announced that the Court-ordered process of notifying individuals of their right to participate in the $3.4 billion Cobell settlement is underway.

This formal notice process is a key step that precedes the court’s formal review and, we hope, approval of the settlement. Congress approved the settlement on November 30, 2010 and the President signed the Claims Resolution Act of 2010 on December 8, 2010. The settlement will resolve the long-running and highly contentious class action lawsuit regarding the U.S. government's trust management and accounting of individual American Indian trust accounts.

“The Obama administration is continuing to move forward on its agenda to honorably and responsibly address long-standing injustices in Indian Country,” said Secretary Salazar. “The court-ordered process is now spreading the word so individual Indian trust account holders can understand what their rights are and how they can participate in the settlement. Now is the time for those who want to know their rights under the Cobell Settlement to call the 1-800 number or go to the Indiantrust.com website.”

Class Members all over the country are receiving detailed information about their legal rights and options via U.S. Mail. Information will also be provided through an extensive media campaign, which includes Native America print media, television and radio ads, and online advertising.

Background

On December 21, 2010, U.S. Senior District Judge Thomas F. Hogan granted preliminary approval of the Settlement, setting in motion a process through which hundreds of thousands of individual Indians who have or had government-managed IIM accounts or trust lands may receive some of the $3.4 billion Settlement Fund.

The judge’s approval came after Congress passed and the President signed legislation approving the Settlement.

Information about the Settlement and legal rights is available to all American Indians and Alaska Natives.

The website www.IndianTrust.com and toll-free number 1-800-961-6109 are available to provide more information about the Settlement and the legal rights of Class Members. Individuals who are unsure whether they are included in the Settlement should visit the website or call the toll-free number for more information.

Class Members who receive a formal notice in the mail about the Settlement and who are currently receiving IIM account statements do not have to do anything to receive payment. Individuals who believe they should be part of the Settlement but do not receive a notice in the mail or are not receiving IIM account statements need to fill out a Claim Form as soon as possible, available at the Indian Trust website or by calling the toll-free number.

Individuals wishing to keep their right to sue the federal government over mismanagement claims covered by the Settlement must exclude themselves from the Settlement by April 20, 2011. Class Members can also submit written comments or objections about any Settlement terms that concern them by April 20, 2011.

WASHINGTON, D.C. – Assistant Secretary – Indian Affairs Larry Echo Hawk announced today that the Bureau of Indian Education (BIE) schools will participate in the Presidential Active Lifestyle Award (PALA) Challenge inspired by the First Lady's Let's Move! initiative and commemorating the Let’s Move! one year anniversary. PALA is a six-week long physical fitness challenge managed by the President’s Council on Physical Fitness, Sports, & Nutrition (PCFSN) and is part of the First Lady’s Let’s Move! campaign to end childhood obesity within a generation. Levi Horn, a professional football player with the Chicago Bears, member of the Northern Cheyenne Tribe and representative of Nike’s programs for Native American and Aboriginal communities, called Nike N7, will be the face of this program.

“I want to challenge every BIE school to join First Lady Michelle Obama in combating childhood obesity through the Presidential Active Lifestyle Award (PALA) and help meet the million PALA challenge goal,” Echo Hawk said. “Obesity and related diseases affect our communities and children in disproportionate ways that need to be addressed immediately, and this challenge is a great step in the right direction to help change the health and quality of life for our children in Indian Country.”

“As a Native American, with most of my family coming from the Northern Cheyenne Tribe, I’ve personally witnessed the effects of childhood obesity on my community,” said Levi Horn. “I am encouraged by the efforts of the Bureau of Indian Education in fostering healthy lifestyles through the Presidential Active Lifestyle Award, and hope that my story will be an inspiration to native students around the country.”

Today, obesity rates in Indian Country are higher than those of any other racial or ethnic group studied. Obesity is twice as common among four year old American Indian and Alaska Native children (31 percent) than among white (16 percent) or Asian (13 percent) children. This is a health and quality of life issue that cannot continue to go unaddressed.

The goals of the challenge are:

• Every person commits to participating in some form of physical activity five days a week, for six out of eight weeks.
• Youth, ages 18 and under, have to complete 60 minutes of activity and adults have to complete 30 minutes of activity.
• At the end of eight weeks, anyone who successfully accomplishes the challenge will receive a special presidential award.

BIE schools will have 8 weeks to complete the challenge with incentives of special awards given to both students and schools. The goal is to get 25,000 people across Indian Country and to support the President’s 1 million participants PALA challenge by August 2012.

“This is a tremendous opportunity for our schools to participate in a positive and inspirational event,” said Director of the Bureau of Indian Education Keith Moore. “I believe that physical fitness is a key component to a happy, successful life and I hope that the BIE schools and the PALA Coordinators will help lead the way in Indian Country to provide an example for all of our communities to follow.”

BIE is also engaging in Let’s Move Outside!, the outdoor activity component of the First Lady’s Let’s Move! initiative to end childhood obesity. Led by the Departments of Interior and Agriculture, Let’s Move Outside! is working with government agencies and other organizations to help America’s kids and families get moving in the great outdoors. Traditional outdoor activities such as archery, canoeing, and lacrosse, allow Native youth to improve their health, while connecting with their heritage.

Nike and BIE signed a Memorandum of Understanding in May 2010 to work together in creative and inspirational ways to address health and social-lifestyle choices in American Indian and Alaska Native communities that contribute to disease and other medical conditions. Nike began its program for Native American communities in the U.S. and Aboriginal communities in Canada, more than 10 years ago with a commitment to bring sport and all of its benefits to members of these communities, with a focus on youth. The program allows Native American and Aboriginal health programs to purchase Nike products, including the specially designed Air Native N7, at reduced prices via nike.net as incentives for health promotion and disease prevention. The N7 fund provides grants to fund youth sports and physical fitness programs, and the N7 collection raises awareness for the N7 fund. For more information, visit www.niken7.com.

The Assistant Secretary-Indian Affairs has responsibility for helping the Secretary of the Interior to fulfill his trust responsibilities to tribal and individual trust beneficiaries and promoting self-determination and self-governance for the nation’s 565 federally recognized American Indian and Alaska Native tribes. The Assistant Secretary-Indian Affairs oversees the Bureau of Indian Education which operates the federal school system for American Indian and Alaska Native children from the federally recognized tribes. The BIE implements federal education laws, such as the No Child Left Behind Act, in and provides funding to 183 elementary and secondary day and boarding schools and peripheral dormitories located on 64 reservations in 23 states and Page 3 – PALA BIE serving approximately 42,000 students. The BIE also serves post secondary students through higher education scholarships and support funding to 26 tribal colleges and universities. It directly operates two post secondary institutions: Haskell Indian Nations University in Lawrence, Kan., and the Southwestern Indian Polytechnic Institute in Albuquerque, N.M. For more information, please visit www.indianaffairs.gov

WASHINGTON – President Obama’s proposed fiscal year 2012 budget request for Indian Affairs, which includes the Bureau of Indian Affairs (BIA) and the Bureau of Indian Education (BIE), is $2.5 billion – a $118.9 million decrease from the FY 2010 Enacted/FY 2011 Continuing Resolution (CR) levels. Included in the reduction are the elimination of a one-time increase in 2010 to forward fund tribal colleges ($50 million) and the completion of Public Safety and Justice construction projects ($47 million). The Budget also excludes $14.5 million in non-recurring funding for completed water rights settlements. Nevertheless, Indian Affairs still had to make some tough decisions, and the request reflects the President’s commitment to fiscal responsibility while meeting the Nation’s responsibilities to the 565 federally recognized American Indian and Alaska Native Tribes through the Interior Department’s Strengthening Tribal Nations initiative.

“The President’s budget request for Indian Affairs recognizes the need to uphold our responsibilities to Indian Country,” said Assistant Secretary-Indian Affairs Larry Echo Hawk. “Indian Affairs’ constitutional relationship with the Tribes and its unique Federal responsibilities to the American Indian and Alaska Native people are the heart of our mission. By making these tough choices now, we can continue to make the vital investments needed to sustain economic growth and recovery in Indian Country while maintaining our core functions. We will continue to support the President’s efforts through the prudent management of the Federal dollars we are entrusted with as we work to strengthen Tribal Nations.”

Strengthening Tribal Nations Initiative

The 2012 budget proposes a Strengthening Tribal Nations initiative that builds on the Administration’s commitment, expressed through meetings with tribal leaders in 2009 and 2010, to improve conditions in Indian Country. The initiative continues efforts to enhance the safety of tribal communities, improve trust resource management and make gains in Indian education, all with the ultimate goal of greater self-determination for Tribal Nations.

The request includes $89.6 million in targeted increases for the Strengthening Tribal Nations initiative in the areas of Advancing Nation-to-Nation Relationships ($42.3 million), Protecting Indian Country ($20.0 million), Improving Trust Land Management ($18.4 million) and Advancing Indian Education ($8.9 million).

Under Advancing Nation-to-Nation Relationships, the FY 2012 budget request furthers the goal of self-determination through increases in funding for: Contract Support ($29.5 million) so that Tribes operating BIA-funded programs can meet administrative costs without decreasing program funds; Small and Needy Tribes ($3.0 million) to fund Tribes with populations of 1,700 members or less at a minimum level necessary to run viable tribal governments; Social Services ($2.0 million) for additional social workers to service tribal communities; and Improved Management ($7.8 million) to support the BIA’s work helping Tribes manage and be accountable for Bureau-funded but tribally operated programs.

The total FY 2012 budget request for BIA Law Enforcement is $354.7 million with targeted increases for Protecting Indian Country of $20.0 million in funding for: Detention Center and Law Enforcement Operations ($15.5 million) for existing and newly constructed BIA and tribal facilities and to increase law enforcement capacity to fight crime; Detention Center Maintenance ($1.0 million) for operation and maintenance of new detention facilities opening in 2011; Tribal Courts ($2.5 million) to support the enhanced capabilities given to tribal courts under the Tribal Law and Order Act of 2010; and to create the Conservation Law Enforcement Officers program ($1.0 million) that will enable Tribes to employ law enforcement officers for the protection of their natural resources.

The FY 2012 budget request supports Improving Trust Land Management through increases in funding for: New Energy Frontier ($3.5 million) to support renewable and conventional energy development projects on tribal trust lands; BIA participation in DOI’s Cooperative Landscape Conservation initiative ($200,000); Trust-Natural Resources Management ($7.7 million) to assist Tribes in managing, developing and protecting their trust lands and assets; and Safety of Dams ($3.8 million) to help the BIA address dam safety deficiencies and ensure public safety near high hazard dams in Indian Country.

The total FY 2012 budget request for BIE is $795.6 million with targeted increases for Advancing Indian Education of $8.9 million in funding for: Indian School Equalization Program Adjustments ($3.9 million) to implement safety and security programs at 10 BIE-funded schools; School Environmental Audits ($2.0 million) to support the implementation of a comprehensive environmental management program for BIE-funded schools; and Tribal Grant Support Costs ($3.0 million) so that Tribes operating BIE-funded programs can meet administrative costs without decreasing program funds.

Reductions, Tough Choices and Efficiencies

Program decreases of $43.4 million include Real Estate Projects ($11.2 million), Land Records Improvement ($8.5 million), Probate Backlog ($7.5 million), Minerals and Mining Projects ($2.0 million) and Central Office oversight across all program areas ($14.2 million).

Program eliminations of $7.9 million include Litigation Support/Attorneys fees ($2.1 million), Community Development training ($1.4 million), Residential Education Placement Program ($3.8 million) and the Juvenile Detention Education Program ($620,000).

Program completions of $64.4 million include ending the one-time forward-funding in 2010 for tribal colleges and universities ($50.0 million), and fulfillment of the Federal commitment for Settlements ($14.5 million).

Administrative reductions of $22.1 million consist of administrative savings for fleet vehicles, information technology, strategic sourcing, travel, transportation and relocation, printing and reproduction, advisory and assistance services, and supplies and materials.

With the signing on December 8, 2010, by President Obama of the Claims Resolution Act of 2010, which includes the Cobell v. Salazar settlement agreement, the FY 2012 budget request does not include $3.0 million for the Indian Land Consolidation Program as the agreement includes a $1.9 billion fund to continue efforts to reduce the number of fractionalized land interests.

Construction is funded at $105.0 million, or $120 million below the FY 2010 Enacted/FY 2011 CR levels; however, this includes a transfer of $57.3 million from Construction to OIP (Operation of Indian Programs) for facility maintenance with no reduction to the activity. Construction decreases include the following: Construction Program Management ($500,000); Education Replacement Schools ($8.9 million); Public Safety and Justice New Facilities ($41.5 million); Public Safety and Justice Employee Housing ($5.0 million); and the Navajo Indian Irrigation Project ($9.0 million).

The budget also includes reduced funding for the Indian Guaranteed Loan Program by $5.0 million to a requested level of $3.1 million. The primary focus of the program in 2012 will be to better facilitate the use of existing loan programs by American Indian and Alaska Native Tribes and individuals through improving collaboration with other Federal agencies. In addition, a result-oriented evaluation will be undertaken to gage the overall effectiveness of the program.

The FY 2012 budget request funds Indian Land and Water Claims Settlements at $32.9 million, a reduction of $14.5 million from the FY 2010 Enacted/FY 2011 CR levels. This amount includes the sixth of seven required payments for the Nez Perce/Snake River Water Rights Settlement ($9.5 million), the third of five payments for the Shoshone-Paiute Tribes of the Duck Valley Reservation Water Settlement ($12.0 million), the third payment for the Navajo Nation Water Resources Development Trust Fund ($6.0 million), funding to support the implementation of the enacted Navajo-Gallup Water Settlement ($4.4 million) and $1.0 million for other Indian land and water settlements.

Indian Affairs’ responsibility to the federally recognized American Indian and Alaska Native Tribes is rooted in Article I, Section 8, of the United States Constitution and Federal law. It is responsible for the management, development and protection of Indian trust land and natural resources on 55 million surface acres and 57 million acres of subsurface mineral estates of tribal and individual Indian trust lands, providing for public safety and justice in Indian Country, and promoting tribal self-determination and self-governance. Through the BIE, it funds 183 elementary and secondary day and boarding schools, of which two-thirds are tribally operated, located on 63 reservations in 23 states and serving approximately 41,000 students. It also provides funding to 27 tribal colleges and universities and two tribal technical colleges, operates two post secondary institutions of higher learning and provides higher education scholarships to approximately 32,000 students.

WASHINGTON – Principal Deputy Assistant Secretary-Indian Affairs Del Laverdure today announced that the Bureau of Indian Affairs (BIA) will be holding tribal consultation meetings for tribal leaders to review and provide input on draft regulations on leasing in Indian Country. The draft regulations would establish subparts to 25 CFR Part 162 (Leases and Permits) addressing residential leasing, business leasing and wind and solar resource permitting and leasing on Indian trust lands. Laverdure notified tribal leaders of the upcoming consultation in a letter dated February 15, 2011.

“By providing transparent procedures for obtaining Secretarial approval of leasing documents, including specific procedures for wind and solar resource development, we hope to streamline and expedite the leasing process, advance economic development, and spur renewable energy development in Indian Country,” Laverdure wrote in the letter to tribal leaders conveying copies of the draft regulations.

Also announced today is the BIA’s schedule for the consultation meetings (all times are local):

Date: Thursday, March 17, 2011

Times: 1:00 – 5:00 p.m.

Location: Reservation Economic Summit (RES) 2011 Las Vegas Hilton, 3000 Paradise Rd., Las Vegas, Nev. 89109

Date: Thursday, March 31, 2011

Times: 8:30 a.m. – 4:00 p.m.

Location: Bishop Henry Whipple Federal Bldg., One Federal Dr., Rm. G-110, Ft. Snelling, Minn. 55111

Date: Wednesday, April 6, 2011

Times: 8:30 a.m. – 4:00 p.m.

Location: Indian Pueblo Cultural Center, 2401 12th St., N.W., Albuquerque, N.M. 87104

Comments and recommendations may be submitted during the meetings, by email at consultation@bia.gov, or by U.S. Postal Service, overnight carrier or hand-delivery to: Del Laverdure, Principal Deputy Assistant Secretary-Indian Affairs, U.S. Department of the Interior, 1849 C St., N.W., MS-4141-MIB, Washington, D.C. 20240.

To view the February 15, 2011, letter to tribal leaders and the draft regulations, visit the Indian Affairs website at http://www.indianaffairs.gov/WhoWeAre/AS-IA/Consultation/index.htm

WASHINGTON – Assistant Secretary–Indian Affairs Larry Echo Hawk today issued a final determination not to acknowledge the petitioner known as the Juaneño Band of Mission Indians, Acjachemen Nation (Petitioner #84A) as an Indian tribe. This petitioner, located in San Juan Capistrano, Calif., has 1,940 members.

The evidence in the record demonstrates that the petitioner does not meet four of the seven mandatory criteria for federal acknowledgment as set forth in 25 CFR 83.7. In accordance with the regulations [section 83.6(c)], the failure to meet all seven criteria requires a determination that the petitioning group is not an Indian tribe within the meaning of federal law. Therefore, the Department declines to acknowledge the petitioner.

This final determination treats the Indian population at the San Juan Capistrano (SJC) Mission in 1834 as the “historical Indian tribe” from which the petitioner must demonstrate continuous existence as an Indian tribe. The final determination concluded, however, that the petitioner did not demonstrate that it continued as a tribe since that time.

The four criteria the petitioner does not meet are Criteria 83.7(a), 83.7(b), 83.7(c) and 83.7(e).

Criterion 83.7(a) requires that external observers have identified the petitioner as an American Indian entity on a substantially continuous basis since 1900. The available evidence demonstrates that external observers identified the petitioner as an American Indian entity on a substantially continuous basis only since 1997, not since 1900.

Criterion 83.7(b) requires that a predominant portion of the petitioning group has comprised a distinct community from historical times to the present. The available evidence demonstrates that the distinct SJC Indian community, from which the petitioners claim descent, continued to exist only to 1862.

Criterion 83.7(c) requires that the petitioning group has maintained political influence over its members as an autonomous entity from historical times to the present. The available evidence does not demonstrate that the petitioner maintained political influence or authority over its members as an autonomous entity from 1835 until the present.

Criterion 83.7(e) requires that the petitioner’s members descend from a historical Indian tribe. The available evidence shows that only 61 percent of the petitioner’s 1,940 members demonstrated descent from the historical Indian tribe at San Juan Capistrano Mission. The three criteria the petitioner meets are criteria 83.7(d), 83.7(f) and 83.7(g).

Criterion 83.7(d) requires that the petitioner provide a copy of its governing document including its membership criteria.

Criterion 83.7(f) requires that the petitioner’s membership be composed principally of persons who are not members of another federally recognized Indian tribe.

Criterion 83.7(g) requires that the petitioner not be subject to legislation forbidding the federal relationship.

The Department made the final determination following a review of the petitioner’s and the public’s comments on the proposed finding, which the Department issued on December 3, 2007. This determination will become final and effective 90 days after its publication as a notice in the Federal Register, unless the petitioner or any interested party requests reconsideration with the Interior Board of Indian Appeals (IBIA) within that time period.

The Assistant Secretary–Indian Affairs has responsibility for fulfilling the Interior Department’s trust responsibilities and promoting self-determination on behalf of the nation’s 565 federally recognized American Indian and Alaska Native tribes. The Assistant Secretary also oversees the Bureau of Indian Affairs (BIA), which is responsible for providing services to approximately 1.9 million individual American Indians and Alaska Natives from the federally recognized tribes, the Bureau of Indian Education (BIE) and the Office of Federal Acknowledgment (OFA), which is responsible for administering the federal acknowledgment process.

Copies of the final determination and Federal Register notice will be posted on the Indian Affairs website at http://www.indianaffairs.gov/WhoWeAre/AS-IA/OFA/RecentCases/index.htm.

ANADARKO, Okla. – Secretary of the Interior Ken Salazar today visited the Riverside Indian School in Anadarko, Oklahoma as part of Interior’s commitment to expanding quality educational opportunities for American Indian and Alaska Native tribes. Riverside Indian School is run by the Bureau of Indian Education (BIE) and is an Off-Reservation Boarding School (ORBS) that serves over 500 students representing 72 federally recognized tribes.

“Quality education is critically important to the fabric of healthy communities and is a key part of our nation’s effort to win the future,” Secretary Salazar said. “I am impressed with the work Riverside students are doing on a daily basis, and I’m confident they can be our leaders of tomorrow. Improving Indian education is a top priority for Interior, and the Bureau of Indian Education will continue to work to provide our young people with the best resources and education available and to support and promote tribal self-determination and self-governance.”

The largest Off-Reservation Boarding School in the BIE system, the Riverside Indian School serves 540 students in grades 4 – 12 between the ages of 8 – 21 years old. Established in the 1870’s, the campus consists of 52 buildings. In 2009, the school opened a new cafeteria and received $1.1 million through the American Recovery and Reinvestment Act to replace a water tower and deteriorated water lines.

During his visit, Secretary Salazar and Deputy Assistant Secretary Jodi Gillette toured the school’s facilities and met with Riverside faculty and students to learn about existing programs designed to provide quality education opportunities, support tribal cultures, and strengthen economic opportunities.

Riverside Indian School specializes in gearing programs to help students succeed. The A Credit Recovery (ACE) Program works with students to gain enough credits in order to be eligible for graduation. Another program, the Caddo-Kiowa Vo-tech (CKV), allows students to train and receive credits toward careers in child care, pre-nursing, welding, cosmetology, and computer programming. Another program works with incoming freshmen to build solid reading and math skills so students can enter into regular grade-appropriate classes.

“Having Secretary Salazar visit our school is a great honor for our students, faculty and staff,” said Riverside Superintendent Tony Dearman. “We are excited by his interest in us, and welcome the opportunity to share with him what we are doing a Riverside Indian School to prepare our students both mentally and physically for the future.”

Riverside, like all BIE schools, is participating in the Presidential Active Lifestyle Award (PALA) Challenge, a program inspired by the First Lady Michelle Obama’s Let’s Move! initiative to end childhood obesity within a generation. PALA is a six-week physical fitness challenge managed by the President’s Council on Physical Fitness, Sports and Nutrition and is part of the Let’s Move! Campaign.

Secretary Salazar visited Riverside Indian School as part of his commitment to help build safer, stronger, healthier, and more prosperous Indian communities. In coordination with Assistant Secretary – Indian Affairs Larry Echo Hawk, Secretary Salazar has responsibility to fulfill our nation’s trust responsibilities to tribal and individual trust beneficiaries and to promote self-determination and self-governance for the nation’s 565 federally recognized American Indian and Alaska Native tribes. For more information, visit the Indian Affairs website at www.indianaffairs.gov.

The Assistant Secretary-Indian Affairs oversees the Bureau of Indian Education which operates the federal school system for American Indian and Alaska Native children from the federally recognized tribes. The BIE implements federal education laws and provides funding to 183 elementary, secondary day, boarding schools and peripheral dormitories located on 63 reservations in 23 states and serving approximately 41,000 students. The BIE also serves post secondary students through higher education scholarships and support funding to 27 tribal colleges and universities and two tribal technical colleges. BIE directly operates two post secondary institutions: Haskell Indian Nations University in Lawrence, Kan., and the Southwestern Indian Polytechnic Institute in Albuquerque, N.M. For more information, please visit www.bie.edu or www.indianaffairs.gov.

WASHINGTON – Assistant Secretary–Indian Affairs Larry Echo Hawk today issued a final determination not to acknowledge the petitioner known as the Juaneño Band of Mission Indians (Petitioner #84B) as an Indian tribe. This petitioner, located in Santa Ana, Calif., has 455 members.

The evidence in the record demonstrates that the petitioner does not meet four of the seven mandatory criteria for federal acknowledgment as set forth in 25 CFR 83.7. In accordance with the regulations [section 83.6(c)], the failure to meet all seven criteria requires a determination that the petitioning group is not an Indian tribe within the meaning of federal law. Therefore, the Department declines to acknowledge the petitioner.

This final determination treats the Indian population at the San Juan Capistrano (SJC) Mission in 1834 as the “historical Indian tribe” from which the petitioner must demonstrate continuous existence as an Indian tribe. The final determination concluded, however, that the petitioner did not demonstrate that it continued as a tribe since that time.

The four criteria the petitioner does not meet are Criteria 83.7(a), 83.7(b), 83.7(c) and 83.7(e).

Criterion 83.7(a) requires that external observers have identified the petitioner as an American Indian entity on a substantially continuous basis since 1900. The available evidence demonstrates that external observers identified the petitioner as an American Indian entity on a substantially continuous basis only since 1997, not since 1900.

Criterion 83.7(b) requires that a predominant portion of the petitioning group has comprised a distinct community from historical times to the present. The available evidence demonstrates that the distinct SJC Indian community, from which the petitioners claim descent, continued to exist only to 1862.

Criterion 83.7(c) requires that the petitioning group has maintained political influence over its members as an autonomous entity from historical times to the present. The available evidence does not demonstrate that the petitioner maintained political influence or authority over its members as an autonomous entity from 1835 until the present.

Criterion 83.7(e) requires that the petitioner’s members descend from a historical Indian tribe. The available evidence shows that only 53 percent of the petitioner’s 455 members demonstrated descent from the historical Indian tribe at San Juan Capistrano Mission.

The three criteria the petitioner meets are Criteria 83.7(d), 83.7(f) and 83.7(g).

Criterion 83.7(d) requires that the petitioner provide a copy of its governing document including its membership criteria.

Criterion 83.7(f) requires that the petitioner’s membership be composed principally of persons who are not members of another federally recognized Indian tribe.

Criterion 83.7(g) requires that the petitioner not be subject to legislation forbidding the federal relationship.

The Department made the final determination following a review of the petitioner’s and the public’s comments on the proposed finding, which the Department issued on December 3, 2007. This determination will become final and effective 90 days after its publication as a notice in the Federal Register, unless the petitioner or any interested party requests reconsideration with the Interior Board of Indian Appeals (IBIA) within that time period.

The Assistant Secretary–Indian Affairs has responsibility for fulfilling the Interior Department’s trust responsibilities and promoting self-determination on behalf of the nation’s 565 federally recognized American Indian and Alaska Native tribes. The Assistant Secretary also oversees the Bureau of Indian Affairs (BIA), which is responsible for providing services to approximately 1.9 million individual American Indians and Alaska Natives from the federally recognized tribes, the Bureau of Indian Education (BIE) and the Office of Federal Acknowledgment (OFA), which is responsible for administering the federal acknowledgment process. Copies of the final determination and Federal Register notice will be posted on the Indian Affairs website at http://www.indianaffairs.gov/WhoWeAre/AS-IA/OFA/RecentCases/index.htm.