OPA

WASHINGTON – In a keynote address to tribal leaders attending the National Congress of American Indians 2011 Mid-Year Conference in Milwaukee, Wis., Assistant Secretary-Indian Affairs Larry Echo Hawk today described the progress being made in a comprehensive agenda to restore integrity in U.S. government relations with American Indian and Alaska Native leaders, fulfill trust responsibilities to tribal members, and to work cooperatively to build stronger economies and safer tribal communities.

“It is always an honor to work with the NCAI in shaping meaningful action for the future of Indian Country,” Echo Hawk said. “Over the past two years, Indian Affairs has listened to tribal leaders and to Indian Country about implementing real change, and we will work to carry the positive momentum forward as we reform, restructure and rebuild federal relations with Indian Country.”

Through his extensive travels to numerous tribal communities across Indian Country, the Assistant Secretary and his team have seen firsthand the positive results from, and the continued need for, the government-to-government relationship between the federal government and tribal nations. One of the most prominent features of the Echo Hawk’s tenure has been a commitment to restoring tribal homelands, economies and tribal self-determination.

For a document on AS-IA initiatives to date, please click: http://www.bia.gov/WhoWeAre/ASIA/index.htm.

In terms of federal policy, the Assistant Secretary was involved from the beginning of President Obama’s decision to review the United States’ position on the U.N. Declaration on the Rights of Indigenous Peoples, and was instrumental in the review process. This effort led to the President’s decision to endorse the Declaration in December 2010. The Interior Department and Indian Affairs have worked to fulfill Executive Order 13175 on tribal consultation. The DOI is currently consulting with tribal leaders on its department-wide tribal consultation policy.

In addition to these accomplishments, there are other policy areas that the Assistant Secretary feels are essential to restoring tribal self-governance that need further attention. These would be areas that impact consultation with the tribes, the unique needs of Alaska Natives, improvements in federal recognition, restrictive state-tribal relationships, and a Carcieri-fix that articulates the full scope of the Indian Reorganization Act of 1934.

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 oversees the Bureau of Indian Affairs (BIA), which supports tribal agriculture, and the Bureau of Indian Education (BIE), which administers one of two federal school systems and funding to tribal colleges and universities.

LINCOLN, CALIF. — The sixth government-to-government tribal consultation regarding the draft report on Indian Affairs Administrative Organizational Assessment and Bureau of Indian Affairs/Bureau of Indian Education streamlining plans starts Thursday, May 17, 2012, at the Thunder Valley Casino Resort in Lincoln, Calif. The two-day consultation is the sixth of seven that will take place around the country in Arizona, Florida, South Dakota, Washington, Oklahoma and Alaska. The first was held in Miami on April 12 and 13, 2012.

Tribal leaders have said that organizational changes are needed in the administration of Indian Affairs programs and services to better meet the needs of the federally recognized tribes throughout Indian Country. The Department of the Interior’s Indian Affairs officials have heeded these concerns and undertaken an extensive review of the organization of the Office of the Assistant Secretary-Indian Affairs, the Bureau of Indian Affairs (BIA) and the Bureau of Indian Education (BIE).

The culmination of this review will be a draft Administrative Organizational Assessment Report compiled by an independent, third-party contractor. The draft report identifies several ways to increase the efficiency and effectiveness of delivering services to Indian Country. The goal is to support a consolidated organization while improving Interior responsiveness to all Tribal needs. The BIA and BIE are seeking tribal input on ways to streamline their respective organizations to meet budgetary constraints and increase efficiency.

More information and materials can be found at: http://www.bia.gov/WhoWeAre/ASIA/Consultation/index.htm

CREDENTIALS: All media must present government-issued photo I.D. (such as a driver’s license) and valid media credentials.

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MINNEAPOLIS, MN -- The First Lady’s, Let’s Move! in Indian Country initiative is partnering with the United National Indian Tribal Youth (UNITY) council, and the Center for Native American Youth at the Aspen Institute at the 2011 UNITY National Conference. Let’s Move! in Indian Country (LMIC) is an initiative dedicated to ending childhood obesity among Indian youth, a group which is twice as likely to be overweight when compared to the general U.S. population. The initiative was developed by First Lady Michelle Obama and officially kicked off in Indian Country in May of 2011. Let’s Move! in Indian Country has four main Goals: (1) create a healthy start on life for children, (2) create healthy learning communities, (3) ensure families access to healthy, affordable, traditional foods, and (4) increase opportunities for physical activity.

By attending the 2011 UNITY Conference, LMIC will have a further opportunity to present information on ways Indian youth can lead more active and healthy lives, receive input from Indian youth, and dance and exercise along with them. Amongst government representatives in attendance will be Charles Galbraith, a member of the Navajo Nation, Associate Director, White House Office of Intergovernmental Affairs and Public Engagement, who will be speaking on Sunday, July 10th, 2011.

WHO: Charles Galbraith, Associate Director, White House Office of Intergovernmental Affairs and Public Engagement

WHAT: The First Lady’s, Let’s Move! in Indian Country is partnering with the United National Indian Tribal Youth (UNITY) council and the Center for Native American Youth at the Aspen Institute at the 2011 UNITY National Conference to promote ending childhood obesity within a generation to approximately 1,000 American Indian and Alaska Native youth from around the nation. The UNITY event consists of the nation’s largest youth roundtable where youth will be brainstorming solutions to improving health and wellness in Indian communities. In addition, there will be engaged in Let’s Move! in Indian Country activities over a two day period.

WHEN: Sunday, July 10th, 2011- Associate Director, White House Office of Intergovernmental Affairs and Public Engagement Charlie Galbraith will be addressing the students on behalf of the First Lady’s office and Let’s Move! in Indian Country.

WHERE: Sheraton Bloomington Hotel 7800 Normandale Blvd., Minneapolis, Minnesota 55439 Phone: (952) 835-7800 sheraton.bloomington@twincities-hotel.com

NOTE: All media must present government-issued photo I.D. (such as a driver’s license) and valid media credentials.

WASHINGTON – The Department of the Interior (DOI) today announced the publication of the United States Extractive Industries Transparency Initiative (USEITI) Stakeholder Assessment prepared by the independent third-party facilitator, the Consensus Building Institute (CBI). The Stakeholder Assessment includes suggested options for establishing a Multi-Stakeholder Group (MSG), which will be comprised of representatives from government, industry and civil society and will be responsible for overseeing implementation of USEITI. DOI has initiated a public comment period regarding the Stakeholder Assessment, which will include public listening sessions, a webinar and a workshop, and will run from May 18 through June 29, 2012. In addition, Interior will continue Tribal outreach regarding USEITI, and will convene a Tribal Consultation meeting at the National Congress of American Indians mid-year Conference June 17-20, 2012 in Lincoln, Nebraska. EITI is a voluntary, global standard for transparency in reporting revenues received for oil, gas and mineral extraction.

In March, DOI held listening sessions in St. Louis, Mo.; Denver, Co.; Houston, Texas; and Washington D.C. CBI analyzed the input from these four public listening sessions, along with interviews with potential stakeholders and written comments that were submitted to DOI. This input has formed the basis of CBI’s independent Stakeholder Assessment, which is available for review on the USEITI web page at www.doi.gov/EITI.

USEITI is a key element of President Obama’s Open Government Partnership commitments, and active public involvement is vital to its success. Interested persons are urged to take advantage of the various opportunities to comment on the Stakeholder Assessment and formation of the MSG responsible for overseeing implementation of USEITI. Comments can be submitted:

• by visiting the USEITI web page at www.doi.gov/EITI
• via email to EITI@ios.doi.gov
• by mail to: EITI Comments c/o US Department of the Interior 1801 Pennsylvania Ave. NW Suite 400 Washington, DC 20006
• or by attending one of several public meetings as follows:

Session 1—Anchorage, Alaska Public Listening Session, 6:00-8:00pm ADT, May 30, 2012, Bureau of Ocean Energy Management, 3801 Centerpoint Drive, Suite 100, Anchorage, AK, 99503-5820, tel. 907- 334-5200

Session 2—Public Webinar, 1:00-3:00pm EDT, June 1, 2012, see www.doi.gov/EITI for details

Session 3—Pittsburgh, Pennsylvania Public Listening Session, 1:00-3:00pm EDT, June 11, 2012, Office of Surface Mining Reclamation and Enforcement, Building 3, Parkway Center, Conference Room, 2nd Floor, Pittsburgh, PA, 15220, tel. 412-937-2828

Session 4—New Orleans, Louisiana Public Listening Session, 1:00-3:00pm CDT, June 12, 2012, Bureau of Ocean Energy Management, 1201 Elmwood Park Boulevard, Room 135, New Orleans, LA, 70123-2394, tel. 800-200-4853

Session 5—Washington, DC Public Workshop, 10:00am-4:00pm EDT, June 22, 2012, U.S. Department of the Interior, 1849 C St, NW, Rooms 7000A and B, Washington DC, 20240, tel. 202-254-5573

In addition, Interior will continue Tribal outreach regarding USEITI, and will convene a Tribal Consultation meeting at the National Congress of American Indians mid-year Conference June 17-20, 2012 in Lincoln, Nebraska. For further information on EITI, please visit the Department’s EITI webpage at http://www.doi.gov/EITI .

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ANCHORAGE, ALASKA. — The final government-to-government tribal consultation regarding the draft report on Indian Affairs Administrative Organizational Assessment and Bureau of Indian Affairs/Bureau of Indian Education streamlining plans will take place on Wednesday, May 23, 2012, at the Dimond Center Hotel in Anchorage, Alaska. The consultation is the final of seven that have taken place around the country in Arizona, Florida, South Dakota, Washington, Oklahoma and California. The first was held in Miami on April 12 and 13, 2012.

Tribal leaders have said that organizational changes are needed in the administration of Indian Affairs programs and services to better meet the needs of the federally recognized tribes throughout Indian Country. The Department of the Interior’s Indian Affairs officials have heeded these concerns and undertaken an extensive review of the organization of the Office of the Assistant Secretary-Indian Affairs, the Bureau of Indian Affairs (BIA) and the Bureau of Indian Education (BIE).

The culmination of this review will be a draft Administrative Organizational Assessment Report compiled by an independent, third-party contractor. The draft report identifies several ways to increase the efficiency and effectiveness of delivering services to Indian Country. The goal is to support a consolidated organization while improving Interior responsiveness to all Tribal needs. The BIA and BIE are seeking tribal input on ways to streamline their respective organizations to meet budgetary constraints and increase efficiency.

More information and materials can be found at: http://www.bia.gov/WhoWeAre/ASIA/Consultation/index.htm

CREDENTIALS:All media must present government-issued photo I.D. (such as a driver’s license) and valid media credentials.

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WASHINGTON, D.C.—Deputy Secretary of the Interior David J. Hayes today announced Billings, Montana as the location for the first of six regional government-to-government tribal consultations regarding the Trust Land Consolidation component of the Cobell Settlement.

“These regional consultations will provide valuable input in developing an implementation strategy that will benefit tribal communities and help free up trust lands,” said Deputy Secretary Hayes. “The consultation process is fundamental to respecting our government-to-government relationship with the tribes and I look forward to meeting with Tribal Leaders from the Rocky Mountain and Great Plains regions.”

On May 27, 2011, U.S. Senior District Judge Thomas F. Hogan granted communication between representatives of the United States and Cobell class members only in regards to the Trust Land Consolidation component of the Settlement. The dates and locations for the remaining five regional tribal consultations will be announced in the coming weeks. For additional information on the First Tribal Consultation, please click here.

BACKGROUND:

The Cobell settlement was approved by Congress on November 30, 2010 (Claims Resolution Act of 2010) and signed by President Obama on December 8, 2010. The $3.4 billion Cobell Settlement will address the Federal Government’s responsibility for trust accounts and trust assets maintained by the United States on behalf of more than 300,000 individual Indians. A fund of $1.5 billion will be used to compensate class members for their historical accounting, trust fund and asset mismanagement claims.

In addition, to address the continued proliferation of thousands of new trust accounts caused by the "fractionation" of land interests through succeeding generations, the Settlement establishes a $1.9 billion fund for the voluntary buy-back and consolidation of fractionated land interests. The land consolidation program will provide individual American Indians with an opportunity to obtain cash payments for divided land interests and free up the land for the benefit of tribal communities.

Furthermore, up to $60 million will be set aside to provide scholarships for higher education for American Indians and Alaska Natives.

More information can be found at www.doi.gov/cobell

WASHINGTON – Secretary of the Interior Ken Salazar announced today that, as part of the Interior’s Glen Canyon Dam Adaptive Management Program, and in cooperation with five Interior agencies, the Bureau of Reclamation is approving two long-term research and experimental programs of high-flow releases and native fish protection to preserve and improve the Grand Canyon and its resources. Together, these decisions represent the most important experimental modification of operations of Arizona’s Glen Canyon Dam in over sixteen years.

The two programs authorize changes in flow releases from the dam to meet water and power needs, but also to allow better conservation of sediment downstream, more targeted efforts to control non-native fish predation, and continued scientific experimentation, data collection, and monitoring to better address the important resources in the Colorado River below Glen Canyon Dam.

“We’ve gained tremendous knowledge about the unique resources of the Grand Canyon in the Colorado River downstream of Glen Canyon Dam over the past sixteen years,” said Secretary Salazar. “Today’s decisions constitute a milestone in the history of the Colorado River and will provide a scientific foundation to improve future operations to benefit resources in the Grand Canyon, as well as the millions of Americans who rely on the river for water and power.”

The first program establishes a long-term protocol for testing high-flow releases from Glen Canyon dam to determine whether multiple high flow events can be used to rebuild and conserve sandbars, beaches, and associated backwater habitats that have been destroyed or lost over the years of the dam’s construction and operation. The experimental protocol will simulate natural flood conditions in order to provide key wildlife habitat, potentially reduce erosion of archaeological sites, enhance riparian vegetation, maintain or increase camping opportunities, and improve the wilderness experience along the Colorado River in Grand Canyon National Park. The protocol is designed to take full advantage of sediment provided by tributaries of the Colorado River as a result of rainstorms and monsoons.

The protocol for high-flow experimental releases applies scientific information gained in previous high flow releases in 1996, 2004, and 2008 and provides the necessary, flexible framework to conduct further experimental releases through 2020 to determine the optimal timing, duration, frequency, and conditions that will maximize ecological and riparian benefits downstream in the Grand Canyon. For more information on the program, click here.

The second program outlines a series of actions and research to control non-native fish and protect endangered native fish in the Colorado River below Glen Canyon Dam. Conservation of native fish, particularly the endangered humpback chub, will be enhanced by reducing the threat of predation and competition from non-native fish and improving critical habitat. The actions will also ensure continued compliance with the Endangered Species Act and a Final Biological Opinion issued by the U.S. Fish and Wildlife Service in 2011. Extensive government-to-government tribal consultations and analyses were conducted to ensure the required non-native fish control actions can be implemented in a way that respects tribal perspectives. For more information on the program, click here.

“Implementation of these two programs marks a huge step forward in integrating the management of a dam that’s critical to the delivery of water and power to millions of people in the Southwest with better conservation of the incredible values of the Grand Canyon,” said Assistant Secretary for Water and Science Anne Castle. “We are refining our operations to reflect what we’ve learned and address the concerns expressed by several Native American tribes about the management of fish at locations honored as sacred sites by many of the tribes and pueblos.”

The actions outlined in both detailed Environmental Assessments completed today include important scientific research and monitoring components that are fundamental to the adaptive management process. Reclamation has primary responsibility for operation of Glen Canyon Dam and the National Park Service has primary responsibility for Grand Canyon National Park and Glen Canyon National Recreation Area.

"The National Park Service is a strong supporter of high flow tests to help determine how best to rebuild and sustain the beaches and sand bars below Glen Canyon Dam. We appreciate the extensive collaboration required to develop these research programs which are critical to preserving the awesome resources and visitor experience along the Colorado River in Grand Canyon National Park," said Jonathan B. Jarvis, Director of the National Park Service.

Today’s actions represent the most comprehensive experiment for protection of the Grand Canyon since Secretary of the Interior Bruce Babbitt signed a Record of Decision in 1996 and conducted the first high flow release. The experiments will help answer critical questions about the complex interactions between dam releases and resource responses, and also advance the goal of the Grand Canyon Protection Act to improve resource conditions.

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WASHINGTON – Assistant Secretary-Indian Affairs Larry Echo Hawk will offer remarks at the Society of American Indian Government Employees (SAIGE) 8th Annual National Training Conference being held June 13-17, 2011, at the Hard Rock Hotel & Casino Tulsa in Catoosa, Okla. He will speak during the lunch period on Wednesday, June 15.

SAIGE is a national not-for-profit organization of American Indian and Alaska Native government employees that promotes recruitment, retention, development and advancement of American Indians and Alaska Natives in government; provides a forum for issues that affect them; educates federal agencies about the federal Indian trust responsibility; and aids government agencies in honoring the federal-tribal relationship.

The theme for this year’s conference is “Service, Honor, Respect: Strengthening Our Cultures and Communities.” Training tracks will be offered on culture and diversity, equal employment opportunity and human resources, Indian Country, natural resources, professional development, and wellness.

WHO: Larry Echo Hawk, Assistant Secretary-Indian Affairs, U.S. Department of the Interior.

WHAT: Assistant Secretary Echo Hawk will be the June 15 luncheon speaker at the SAIGE 8th Annual National Training Conference.

WHEN: 12:15 p.m.-1:00 p.m. CDT, Wednesday, June 15, 2011.

WHERE: Hard Rock Hotel & Casino Tulsa, Room: Sequoyah I, II, V & VI, 777 West Cherokee Street, Catoosa, Okla. 74015. Phone: 800-760-6700.

CREDENTIALS: This invitation is extended to credentialed media representatives, who must display sanctioned media credentials for admittance to the event.

MILWAUKEE, Wisconsin – Assistant Secretary for Indian Affairs Larry Echo Hawk today affirmed that the Department of the Interior will continue to pursue a balanced course on off-reservation gaming policy, taking into account the views and concerns of tribes, Federal, State and local elected officials and affected citizens. Echo Hawk spoke at a gathering of the National Congress of American Indians in Milwaukee, Wisconsin.

Echo Hawk announced to the audience of tribal leaders that on June 13, following extensive tribal consultations, he rescinded an 2008 memorandum that provided guidance on acquiring land in trust for gaming, Assistant Secretary Echo Hawk confirmed that the Department will move forward to process pending off-reservation gaming applications pursuant to current federal law and the Department’s existing regulations, which set forth a number of criteria that must be met before off-reservation gaming can be approved.

“Our balanced and considered approach to reviewing off-reservation gaming applications was affirmed during deliberate consultation with tribal leaders,” Echo Hawk said. “The 2008 guidance memorandum was unnecessary and was issued without the benefit of tribal consultation. We will proceed to process off-reservation gaming applications in a transparent manner, consistent with existing law.”

On June 18, 2010, Secretary Salazar issued a memorandum to Echo Hawk recommending that he undertake a thorough review of issues, guidance, and regulatory standards relating to off-reservation gaming, and in consultation with tribal leaders.

The Assistant Secretary held six consultation sessions with tribal leaders from around the United States, from September through December 2010. The Department received hundreds written and oral comments from tribal leaders on the off reservation gaming policy. Following the consultation sessions, Assistant Secretary Echo Hawk conducted a thorough review of the comments received, as well as of existing policies and regulations.

In his June 13th memorandum, the Assistant Secretary stated, “I find that the Department’s regulations governing off-reservation gaming acquisitions adequately provide standards for evaluating such acquisitions and, consequently, that the 2008 Guidance Memorandum’s interpretation of our fee-to-trust regulations is unnecessary.” Under the Indian Gaming Regulatory Act (IGRA) and the Department’s existing regulations, Indian tribes must satisfy three independent and distinct requirements in order to operate an off-reservation gaming facility.

One requirement is the tribe generally must have land acquired in trust by the Department for the benefit of the tribe. In addition, the tribe must receive a positive determination from the Department that off-reservation gaming is in the best interest of the tribe and is not detrimental to the surrounding community. The tribe also must have the concurrence from the Governor of the state in which the gaming facility would be located (the "two-part" test). Public comment is sought and considered during this process, and local communities have several meaningful opportunities to provide input on a tribe’s application for off-reservation gaming, as well as for the acquisition of land into trust on behalf of a tribe. Finally, the tribe must enter into a tribal-state gaming compact to govern the conduct of gaming at the proposed facility. Many states require gaming compacts to be approved by the state legislature.

In the twenty-three years since IGRA's enactment, only five tribes have gained approval to undertake off-reservation gaming.

WASHINGTON, D.C. – Acting Assistant Secretary for Indian Affairs Donald “Del” Laverdure today issued decisions on two tribal gaming applications in California, determining that one of the proposed gaming sites meets the legal and regulatory requirements and one does not.

Laverdure approved a gaming application for the Ione Band of Miwok Indians in Amador County, Calif., that includes authorization for land to be acquired in trust for gaming purposes under the Indian Gaming Regulatory Act’s (IGRA) “Equal Footing Exceptions.”

“The Ione Band of Miwok Indians’ gaming application received a careful and thorough review, allowing us to determine that it met the stringent conditions set out by the Indian Gaming Regulatory Act,” Laverdure said. “The Ione Band has demonstrated both a modern and historical connection to the lands it sought to have placed in federal trust, as well as a reasonable temporal connection between the date the land is acquired and the date the tribe was restored to federal recognition status.”

The Acting Assistant Secretary also determined that an application submitted by the Scotts Valley Band of Pomo Indians in Lake County for a 30-acre parcel in Contra Costa County, Calif., does not qualify for gaming under IGRA’s equal footing exceptions. The Band had sought to develop a gaming facility near the city of Richmond, Calif., approximately 80 miles from the town of Lakeport in Lake County, where the tribe’s government headquarters are located.

“After closely reviewing the Scotts Valley Band of Pomo Indians’ fee-to-trust application for a gaming facility in Contra Costa County, we determined that the Band’s parcels near the city of Richmond did not qualify as restored lands under IGRA’s equal footing exceptions because it could not demonstrate it had a significant historical connection to the site,” Laverdure said.

The Ione Band of Miwok Indians’ headquarters in Amador County is located approximately 40 miles east of Sacramento, and the tribe does not have any lands held in trust by the United States. It does own 40 acres of non-trust land near the city of Ione that are used for residential purposes.

In 2005, the 750-member Ione Band submitted an application to have approximately 228 acres of land acquired in trust for a Class III gaming operation near Plymouth, Calif., which is about 11 miles from the city of Ione. In 2006, the Department determined that the Band constituted a “restored tribe” and that its application satisfied IGRA’s “restored lands” exception because it had once been under federal jurisdiction but was effectively treated as a terminated tribe by the Department for many years. In 1994, the Department reaffirmed that the Ione Band of Miwok Indians was federally recognized, renewing the government-to-government relationship with the tribe. This action effectively “restored” the tribe for purposes under IGRA.

The Ione Band decision marks the first Indian gaming application completed under IGRA’s restored lands exception since September 2008.

For more information concerning each of these decisions, please click on the following links:

Ione Band of Miwok Indians

Scotts Valley Band of Pomo Indians