OPA

WASHINGTON, D.C. – Acting Assistant Secretary – Indian Affairs Donald E. “Del” Laverdure today issued a final determination on a petition for federal acknowledgment, declining to acknowledge the Brothertown Indian Nation (Brothertown) as an Indian tribe under federal law. Brothertown is located in Wisconsin and first submitted its petition in 1980.

In the final determination on the Brothertown petition, the acting Assistant Secretary determined that the group previously had a relationship with the United States, but had its tribal status terminated by an 1839 Act of Congress. The Department’s regulations prohibit the Assistant Secretary from acknowledging a petitioning group where Congress previously terminated the tribal status of that group. Only Congress may restore the tribal status of Brothertown and its government-to-government relationship with the United States.

“This decision was made after a careful review of the facts in the record,” Laverdure said. “As our regulations prohibit us from acknowledging Brothertown through the Department’s process, only Congress can restore the tribal status of Brothertown under federal law.”

The Department’s regulations require a petitioning group to satisfy seven mandatory criteria, including a requirement that the group had not previously been the subject of legislation terminating their tribal status or prohibiting a relationship with the United States. In this case, Brothertown could not overcome this requirement. Because Brothertown could not satisfy one of the seven mandatory criteria for federal acknowledgment, the Department did not look to the other criteria in making its final determination.

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 566 federally recognized American Indian and Alaska Native tribal governments. The Assistant Secretary also oversees the Bureau of Indian Affairs, which is responsible for providing services to approximately 1.9 million individual American Indians and Alaska Natives from the federally recognized tribes, and the Office of Federal Acknowledgment, which administers the federal acknowledgment process.

Copies of the final determination and Federal Register notice will be posted on the Department of the Interior website at https://www.bia.gov/as-ia/ofa/recent-acknowledgment-actions.

TULSA, Okla. — The Office of the Assistant Secretary for Indian Affairs has added an extra session to the Interior Department’s series of listening meetings on sacred sites in Indian Country. A sixth session will be held on Tuesday, September 18, 2012, in Tulsa, Okla. The first five were held last month in Albuquerque, N.M., Billings, Mont., Prior Lake, Minn., Uncasville, Conn., and Portland, Ore.

The Obama Administration recognizes that the protection of sacred sites on federal lands is integral to traditional religious practices, tribal identities and emblematic of sovereign tribal nations. These sacred site listening sessions are intended to assist in developing policies that result in effective, comprehensive and long-lasting federal protection of and tribal access to the places that are so important to the fabric and culture of tribal nations.

To address tribal concerns regarding sacred sites issues, Interior is conducting listening sessions on sacred sites in general, as well as knowledge relating to specific sites on Interior-managed tribal trust and other federal lands. The Department will be better equipped to make decisions that are sensitive to the ceremonial use and physical integrity of sacred sites through the benefit of tribal input and views on such matters.

Because many Indian tribes have belief systems that discourage or even prohibit the disclosure of the location or other information about sacred sites and places, Interior will respect tribal requests that information about such locations be kept confidential and only share this information with appropriate agency personnel.

For those unable to attend any of these listening sessions, please send your input/suggestions by September 21, 2012, via email to consultation@bia.gov or to the U.S. Department of the Interior, attn.: Mr. Dion Killsback, Counselor to the Principal Deputy Assistant Secretary – Indian Affairs, at 1849 C Street, N.W., MS 4141-MIB, Washington, D.C., 20240. Should you have additional questions, Mr. Killsback can be reached at (202) 208-6939.

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. – Acting Assistant Secretary-Indian Affairs Donald “Del” Laverdure today announced that the Bureau of Indian Affairs (BIA) has agreed to a request by the Spirit Lake Tribe of the Fort Totten Reservation in North Dakota to assume administrative responsibility for its social services program. The Tribe, by letter dated September 14, 2012, requested to voluntarily retrocede the social services program to the Bureau of Indian Affairs. In their letter, the Tribe stated that it had concluded this retrocession “would be in the best interest of the Tribe, its children, and its families, to voluntarily return the program to the Secretary of [the] Interior.”

A retrocession means the return to the Secretary of a contracted program, in whole or in part, for any reason, before the expiration of the term of the contract by an Indian tribe or tribal organization either one year from the date of the request, the date the contract expires, or a mutually agreed-upon date. The effective date of the retrocession of the Spirit Lake Social Services Program will be October 1, 2012. The BIA will continue to work with the Tribe until that time to ensure an effective transition of the program from the Tribe to the BIA.

“The decision allowing the BIA to take back the Spirit Lake Tribe’s contracted social services program was made after careful consideration of what was best for all concerned, particularly with regard to the health and safety of their children,” Laverdure said. “I want to thank the Spirit Lake leadership for working with us over the past months, and for their willingness to recognize this action as an opportunity to rebuild their social services program for the future.”

The Tribe reached its decision late last week after a review of the program by the BIA’s Great Plains Regional Office (GPRO), located in Aberdeen, S.D., that started on September 10. The review was a follow-up to earlier efforts by the BIA to assist the Tribe in addressing serious deficiencies identified in a detailed corrective action plan issued by the Bureau on April 23, 2012.

The BIA’s Office of Indian Services (OIS) has been working with the Tribe since August 2011 to help it improve and strengthen its child safety and program compliance while respecting the Tribe’s inherent right of self-governance. The Tribe has administered the social services program under a Public Law 93-638 contract with the BIA since 2001.

On August 24, Laverdure announced that he was sending a “strike team” of senior BIA officials from its Central Office in Washington, D.C., to Spirit Lake to assess and evaluate efforts to improve the program. The decision to deploy senior officials to the region came at the urging of U.S. Senator Kent Conrad.

On August 31, Laverdure announced additional actions BIA officials were taking to aid the Tribe in its efforts to improve child safety and protection on its reservation, including the program review during the week of September 10. That review was to assess the Tribe’s progress on the corrective action plan, with the Bureau determining appropriate steps for going forward to help the Tribe safely and successfully operate its social services program.

The Assistant Secretary-Indian Affairs oversees the BIA, which is headed by a director who is responsible for managing day-to-day operations through four offices – Indian Services, Justice Services, Trust Services and Field Operations – that administer or fund tribally based infrastructure, law enforcement, social services, tribal governance, natural and energy resources and trust management programs for the nation’s federally recognized American Indian and Alaska Native tribes and villages through 12 regional offices and 85 agencies.

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WASHINGTON, D.C. – In keeping with its mission to establish responsive, accountable, transparent, and customer-friendly management of Indian trust funds and assets, the Secretarial Commission on Indian Trust Administration and Reform reached out to Indian Country at its fifth public meeting of the year in Bismarck, N.D. All five Commission members – Chair Fawn Sharp, Tex G. “Red Tipped Arrow” Hall, Stacy Leeds, Dr. Peterson Zah, and Robert Anderson – participated in the September 13-14, 2012, conference.

The day before the meeting the Commission visited the Fort Berthold Reservation, home of the Three Affiliated Tribes, for a facilitated public discussion on trust administration. In addition, an outreach session for youth to offer their ideas, an important part of the Commission’s efforts, was held the evening of September 13 at the United Tribes Technical College (UTTC) in Bismarck.

“I have been very gratified at the level of feedback the Secretarial Commission has received to date, and especially at this meeting,” said Chair Fawn Sharp. “All of the ideas, comments, and recommendations are extremely valuable to the Commission’s work as it moves forward on accomplishing the mandate established for it by Secretary Salazar.”

“I want to thank all of those who helped make this meeting so productive, especially UTTC President Gipp, the Three Affiliated Tribes, our speakers, and especially the tribal leaders, organizations, students, and members of the public who took the time give us their thoughts on how the Interior Department can and should manage its trust responsibilities,” Sharp said.

The Secretarial Commission on Indian Trust Administration and Reform was established by Secretary Ken Salazar to conduct a comprehensive evaluation of the Department’s management and administration of nearly $4 billion in American Indian trust assets over two years and to offer recommendations on improvements in the future. Building on progress made with the historic Cobell Settlement, the Commission will help to establish a new era of trust administration: one that stresses responsive, accountable, transparent, and customer-friendly management of these substantial funds and assets.

During their visit to the Fort Berthold Reservation, Commission members toured the Bureau of Indian Affairs’ Fort Berthold Agency in New Town and inspected one of the Tribes’ oil well pads. They were joined by representatives from Interior’s Office of the Special Trustee for American Indians, Office of the Solicitor for Indian Affairs, the Bureau of Land Management’s Office of Natural Resources Revenue, the Indian Affairs Office of Indian Energy and Economic Development, and Lizzie Marsters, Chief of Staff to Interior Deputy Secretary David J. Hayes and the Designated Federal Officer for the Commission, all of whom also attended the public discussion.

The public discussion, which was moderated by Commission member and Three Affiliated Tribes Chairman Hall, focused on the challenges and impacts of the oil and gas leasing boom taking place in western North Dakota.

At its public meeting on September 13 and 14, the Commission heard from tribal leaders, representatives of tribal organizations, allottees, and other members of the Indian trust public on ways to improve the Department’s handling of its trust responsibilities.

Attendees heard panel presentations on Hard Assets and Trust Reform and Trust Models. Members of the Hard Assets panel were Jeanne Whiteing, who addressed water rights issues; Tom Fredericks who spoke on strengthening the federal trust responsibility with respect to hard assets; and Helen Sanders, an allottee who provided a landowner’s perspective.

The Trust Reform and Trust Models panel members were Mario Gonzalez, who spoke on treaty rights and approaches to the trust responsibility, and Janie Hipp, senior advisor for tribal relations in the U.S. Department of Agriculture’s Office of Tribal Relations, who talked about USDA’s approach to the trust responsibility and appraisals, the Keepseagle Settlement, and USDA grants.

The youth-outreach event, hosted by UTTC President Dr. David Gipp, was very well attended. Commission members heard from students and other concerned Native youth on their views about Indian trust management and administration.

“We had a very productive and informative three days in Bismarck, from learning about the oil and gas leasing challenges at the Fort Bethold Reservation to hearing testimony from tribal leaders, tribal organizations and allottees about ways in which the Department could improve coordination and services to Indian Country,” said Marsters.

The Commission has held its meetings via the internet and in person. Its first public meeting took place on March 1-2, 2012, in Washington, D.C., followed by public webinars on May 16 and August 13, and a public meeting in Albuquerque on July 11-12. Future events include a public webinar on November 7 and a public meeting in Seattle, Wash., on December 6-7, 2012.

American Indian and Alaska Native tribal leaders, tribal organizations, and individuals are invited to provide recommendations and possible solutions on improving the Department’s Indian trust management and administration and the delivery of services to Indian Country. Comments and recommendations may be sent by email to trustcommission@ios.doi.gov.

To learn more about the Secretarial Commission on Indian Trust Administration and Reform and its activities, please visit http://www.doi.gov/cobell/commission/index.cfm.

-DOI-

WASHINGTON -- Secretary of the Interior Ken Salazar today applauded President Obama’s intent to nominate Vincent G. Logan, a member of the Osage Nation, as the next Special Trustee for American Indians.

“Vincent Logan has been a part of the fabric of Indian Country for many years as an investment professional, mentor for Native American attorneys and founding member of the Native American Bar Association of Washington, DC,” Secretary Salazar said. “His asset management expertise, legal experience and extensive network of professional relationships in Indian Country will well serve the Office of Special Trustee as we work to build a stronger and more responsive trust asset management system for the Nation’s First Americans.”

The Office of Special Trustee for American Indians works to improve the accountability and management of Indian funds held in trust by the federal government. As trustee, the Interior Department has the primary fiduciary responsibility to manage about $3.7 billion in tribal trust funds and Individual Indian Money accounts, as well as leases for developing natural resources, such as coal, oil, natural gas, timber and grazing, that generate income for those accounts.

Vincent G. Logan is the owner of The Nations Group, LLC, which works with Native American tribes on asset management, investment strategies, and financial education. He worked in the Private Banking and Investment Group at Merrill Lynch from 2006 to 2009, and was a corporate finance attorney for Schulte, Roth, & Zabel from 2001 to 2006. Prior to that, Mr. Logan worked in the Antitrust Division at the United States Department of Justice from 1996 to 1998. He was appointed to the Oklahoma State University Foundation Board of Governors in 2010. Mr. Logan is a member of the Osage Nation. He received a B.S. from Oklahoma State University and a J.D. from the University Of Oklahoma College of Law.

The position of Special Trustee requires Senate confirmation.

More information on the Office of Special Trustee is online at https://www.doi.gov/ost.

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WASHINGTON – Secretary of the Interior Ken Salazar and Assistant Secretary for Indian Affairs Larry Echo Hawk today announced a sweeping reform of federal surface leasing regulations for American Indian lands that will streamline the approval process for home ownership, expedite economic development and spur renewable energy development in Indian Country.

The proposed rule would modify regulations governing the Bureau of Indian Affairs’ process for approving the lease of surface acres on lands the federal government holds in trust for tribes and individuals. As trustee, Interior is responsible for managing approximately 56 million surface acres in Indian Country.

“The proposed changes are the most comprehensive reforms of Indian land leasing regulations in more than 50 years and will have a real impact for individuals and families who want to own a home or build a business,” said Secretary Salazar. “This reform underscores President Obama’s commitment to empower Indian nations and strengthen their economies by expanding opportunities for individual landowners and tribal governments -- generating investment, new jobs and revenues.”

“At its core, this reform is about good government and supporting self-determination for Indian Nations,” said Assistant Secretary Echo Hawk. “The revised regulations will bring greater transparency, efficiency and workability to the Bureau of Indian Affairs approval process, and will provide tribal communities and individuals certainty and flexibility when it comes to decisions on the use of their land.”

The existing regulations, adopted in 1961, take an antiquated, “one-size fits all” approach to processing all surface leases. Under the current system, which lacks a defined process or deadlines, it is not uncommon for a simple mortgage application to languish for several years waiting approval from the federal government.

The proposed reform identifies specific processes – with enforceable timelines - through which the Bureau of Indian Affairs (BIA) must review leases. The regulation establishes separate, simplified processes for residential, business, and renewable energy development, so that, for example, a lease for a single family home is distinguished from a large solar energy project.

The proposed rule provides a 30 day-limit for the BIA to issue decisions on residential leases, subleases, and mortgages. For commercial or industrial development, the BIA would have 60- days to review leases and subleases. If the BIA does not complete its review of subleases in this timeframe, those agreements will automatically go into effect.

Other proposed changes would eliminate the requirement for BIA approval of permits for short-term activities on Indian lands, such as parades; and requires the BIA to approve leases unless it finds a compelling reason to disapprove. Under the new rule, the BIA would defer to the tribe’s negotiated value for a lease of tribal land and would not require additional, costly appraisals.

“The proposed regulation incorporates numerous changes requested by tribal leaders during extensive consultations this past year and better meets the goals of facilitating and expediting the leasing process for trust lands,” said Principal Deputy Assistant for Indian Affairs Del Laverdure.

During the initial consultation period more than 2,300 comments were received from more than 70 tribes as well as several federal agencies, including HUD, USDA and the IRS. The publication of the proposed rule in tomorrow’s Federal Register kicks off a 60-day public comment period with additional, soon-to-be-announced tribal meetings. The BIA regulatory drafting workgroup is expected to review the comments and publish the final rule in 2012.

Comments and recommendations may be submitted during the tribal consultation 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.

For a Q & A document on the proposed rule, click HERE.

For a comparison of existing and proposed regulations, click HERE.

For the proposed rule, click HERE.

WASHINGTON, D.C. – Secretary of the Interior Ken Salazar today applauded the Senate’s confirmation of Kevin K. Washburn, a member of the Chickasaw Nation of Oklahoma, to serve as Assistant Secretary for Indian Affairs at the Department of the Interior. The Senate confirmed Washburn’s nomination, which President Obama announced in early August, by unanimous consent last night.

“As we continue to strengthen the integrity of the nation’s government-to-government relationship with federally-recognized Indian tribes and empower Native American and Alaska Native communities, Kevin Washburn will be an outstanding addition to our leadership team and a vital asset for President Obama’s initiatives in Indian Country,” Salazar said. “Kevin’s professional and academic achievements and his thorough knowledge of the critical issues facing the Nation’s First Americans will help us to fulfill the President’s commitment to empower tribal governments and advance their economic and social goals.”

Washburn is Dean of the University of New Mexico School of Law, a position he has held since June 2009. Prior to that, he served as the Rosenstiel Distinguished Professor of Law at the University of Arizona James E. Rogers College of Law from 2008 to 2009 and as an Associate Professor of Law at the University of Minnesota Law School from 2002 to 2008. From 2007 to 2008, Mr. Washburn was the Oneida Indian Nation Visiting Professor at Harvard Law School. Previously, he served as General Counsel for the National Indian Gaming Commission from 2000 to 2002, and as an Assistant United States Attorney in Albuquerque, New Mexico, from 1997 to 2000. Mr. Washburn was a trial attorney in the Indian Resources Section of the U.S. Department of Justice from 1994 to 1997. Mr. Washburn is a member of the Chickasaw Nation of Oklahoma. He earned a B.A. from the University of Oklahoma and a J.D. from Yale Law School.

Washburn will lead a team that includes Lawrence S. “Larry” Roberts as Deputy Assistant Secretary for Indian Affairs. An enrolled member of the Oneida Tribe of Wisconsin, Roberts, who joined Interior on September 5, is an accomplished federal attorney with extensive experience in federal Indian law and programs. He had been serving as General Counsel of the National Indian Gaming Commission since July 2010.

Donald "Del" Laverdure, the Principal Deputy Assistant Secretary for Indian Affairs, has been serving as the Acting Assistant Secretary. During his tenure, Laverdure has worked to resolve long-standing water rights issues, improve public safety and education in tribal communities, accelerate the restoration of tribal homelands, and help Indian nations pursue the future of their choosing.

WASHINGTON - Today, November 28, 2011, Secretary of the Interior Ken Salazar and Assistant Secretary for Indian Affairs Larry Echo Hawk will hold a media teleconference to announce a sweeping reform of federal leasing regulations for American Indian lands that will help to expedite economic development and spur renewable energy development in Indian Country.

Media wishing to participate in the 12:00 pm noon (Eastern Time) conference call should dial 1- 888-606-7043; the passcode is LAND LEASE.

WHO: Ken Salazar, Secretary of the Interior Assistant Secretary for Indian Affairs Larry Echo Hawk

WHAT: News media teleconference on land lease regulation reform

WHEN: Monday, November 28, 2011; 12:00 pm noon (Eastern Time)

WHERE: Media wishing to participate in the teleconference call should dial 1-888-606- 7043; the passcode is LAND LEASE.

WASHINGTON -- As part of President Obama’s commitment to fulfilling this nation’s trust responsibilities to Native Americans, Secretary of the Interior Ken Salazar today named five prominent American Indians to a national commission that will undertake a forward-looking, comprehensive evaluation of Interior’s trust management of nearly $4 billion in Native American trust funds.

"This commission will play a key role in our ongoing efforts to empower Indian nations and strengthen nation-to-nation relationships," Secretary Salazar said in naming the appointees to the Secretarial Commission on Indian Trust Administration and Reform. “The five members each bring extensive experience and knowledge to the commission, and I look forward to their findings and recommendations for how we can fully meet our trust responsibilities to the First Americans.”

“Our trust administration must be more transparent, responsive, customer-friendly and accountable in managing these substantial funds and assets,” Deputy Secretary of the Interior David J. Hayes said. “Building upon the progress made with the historic Cobell Settlement, this commission will help usher in a new era of trust administration.”

The members of the Commission are:

• Chair - Fawn R. Sharp is the current president of the Quinault Indian Nation, the current President of the Affiliated Tribes of Northwest Indians, and a former administrative law judge for the State of Washington and Governor of the Washington State Bar Association.
• Dr. Peterson Zah, an established leader in Native American government and education circles, was the last chairman of the Navajo Tribal Council and the first elected President of the Navajo Nation.
• Stacy Leeds, a citizen of the Cherokee Nation , is Dean and Professor of Law at the University of Arkansas School of Law and former Director of the Tribal Law and Government Center at the University of Kansas School of Law.
• Tex G. Hall, current chairman of Three Affiliated Tribes and past President of the National Congress of American Indians, is currently serving as Chairman of the Inter Tribal Economic Alliance and is the Chairman of the Great Plains Tribal Chairmen's Association.
• Bob Anderson, an enrolled member of the Minnesota Chippewa Tribe (Bois Forte Band), has six years of experience working at the Department of the Interior from 1995-2001 as Associate Solicitor for Indian Affairs and as counselor to the Secretary of the Interior on Indian law and natural resource issues. He is currently a Professor of Law and Director of the Native American Law Center at the University of Washington, and holds a long-term appointment as the Oneida Nation Visiting Professor of Law at Harvard Law School.

Interior selected the members after a public solicitation for nominations and, in consultation with trust beneficiaries, evaluated the candidates on the basis of their expertise and experience, including in government and trust, financial, asset and natural resource management. Members were selected in accordance with the Federal Advisory Committee Act and they will serve without compensation.

Within 24 months, the Commission is expected to complete a comprehensive evaluation of Interior’s management and administration of the trust assets and offer recommendations of how to improve in the future.

Salazar’s announcement comes in advance of the third White House Tribal Nations Conference happening Friday, December 2nd at the Department of the Interior. The conference will bring together leaders from the 565 federally recognized tribes to hear from President Obama and to build upon the Administration’s commitment to strengthen the government-to-government relationship with tribal nations.

Salazar established the framework for the Commission in a 2009 Secretarial Order , which addressed the Department’s future responsibilities for trust management after the Cobell Settlement agreement set forth resolution of a class action lawsuit regarding the U.S. government's trust management and accounting of individual Native American trust accounts and resources. The Cobell Settlement will be effective when all appeals are resolved favorably.

Under federal law, Interior is responsible for managing 56 million surface acres and 57 million acres of subsurface mineral estates for 384,000 Individual Indian Money (IIM) accounts and about 2,900 tribal accounts (over 250 tribes). Tribal trust assets include land, timber, grazing, oil, gas and mineral resources. More at http://www.doi.gov/ost/about_ost/facts.html

On trust lands, the Department manages about $3.9 billion in trust funds and more than 109,000 leases. For fiscal year 2011, funds from leases, use permits, land sales and income from financial assets, totaling about $400 million, were collected for about 384,000 open IIM accounts. About $609 million was collected in fiscal year 2011 for about 2,900 tribal accounts. There are currently 156,596 individual Indian land allotments and more than 4.7 million fractionated interests.

For more information and images of the Commission members, please visit http://www.doi.gov/cobell/Commission-Bios.cfm