OPA
Office of Public Affairs
LAVEEN, AZ – More than 150 tribal leaders and individual landowners joined Department of the Interior Deputy Secretary Michael Connor and Assistant Secretary-Indian Affairs Kevin Washburn at the Land Buy-Back Program for Tribal Nations (Buy-Back Program) 2015 Listening Session yesterday. The event, held on the Gila River Indian Community, allowed Interior officials to share updates and hear directly from tribal communities about how the Program can best be implemented across Indian Country.
In particular, many individuals with fractional land interests at the Navajo Nation attended the event. Local, targeted outreach events will occur in the coming months in coordination with the tribe to provide opportunities for further landowner engagement as the Program is implemented.
“We must do all we can to give landowners a meaningful chance to participate in the Program and receive compensation for their fractional interests, many of which are simply unusable because of the degree of fractionation,” said Deputy Secretary Connor. “We are focused on ensuring that landowners are aware of the Program and are given every opportunity to make informed decisions about the potential sale of their land at fair market value.”
“Tribal feedback has been a critical component of the Buy-Back Program since its inception,” added Assistant Secretary Washburn. “The Buy-Back Program and tribal leaders are working together to ensure that landowners are aware of the opportunity to sell land interests for the benefit of both the landowner and tribal communities. We must work together to make sure this Program has the best impact possible on tribal communities.”
As part of President Obama’s commitment to help strengthen Native American communities, the Buy-Back Program implements the land consolidation component of the Cobell Settlement, which provided $1.9 billion to purchase fractional interests in trust or restricted land from willing sellers at fair market value within 10 years. Consolidated interests are immediately restored to tribal trust ownership for uses benefiting the reservation community and tribal members.
“The Gila River Indian Community views our implementation of the Land Buy Back Program to be a very successful one from the Community’s perspective. We had vision to use these funds to help develop a utility corridor, and we appreciate that the Program is working with us to make that vision a reality. Today, while we seek to implement details of the utility corridor, we are on the verge of an amazing achievement, one that deserves to be celebrated. And, we hope other tribal nations look to our experience as a base to consider when developing their own strategic plans for using the funds available through the Buy-Back Program,” said Gila River Indian Community Governor Stephen Roe Lewis.
Thus far the Buy-Back Program has paid more than $360 million to individual landowners and has restored the equivalent of almost 560,000 acres of land to tribal governments.
Tribal leaders and landowners who were unable to attend the Listening Session are encouraged to submit written comments, which must be received by April 20, 2015, as described in the Federal Register notice about the session.
In recognition of the great value that comes from early awareness, Interior’s Office of the Special Trustee for American Indians helped begin the day by discussing financial awareness with a class at the Gila River Indian Community. Additional resources can be found here.
Landowners can contact the Trust Beneficiary Call Center at 888-678-6836 with questions about their purchase offers and to update their contact information. Individuals can also visit their local Office of the Special Trustee for American Indians (OST) or Bureau of Indian Affairs (BIA) office, or find more information at www.doi.gov/buybackprogram/landowners in order to make informed decisions about their land.
https://www.bia.gov/as-ia/opa/online-press-release/interior-hosts-land-buy-back-program-2015-listening-session
WASHINGTON – Assistant Secretary – Indian Affairs Kevin K. Washburn issued a positive Secretarial Determination for a tribal gaming application for the Kaw Nation of Oklahoma. The determination now goes to the State of Oklahoma for their consideration.
Pursuant to Section 2719 of the Indian Gaming Regulatory Act (IGRA), the Assistant Secretary approved a proposed gaming application finding on May 17 that the acquisition of approximately 21 acres of land in the Town of Braman, Kay County, Oklahoma, for the Kaw Nation for gaming purposes would be in the best interest of the Kaw Nation and would not be detrimental to the surrounding community. A positive Secretarial Determination is required in order for the Kaw Nation to game on the proposed site.
“After a careful and thorough review of the Kaw Nation’s gaming application, the tribe’s application satisfies the rigorous standards contained in the Indian Gaming Regulatory Act and our regulations,” Washburn said. “The tribe has had a presence in north-central Oklahoma since its relocation there from Kansas in 1872 and this decision will assist them to build their economy for the benefit of their tribal members and the surrounding communities.”
The proposed gaming site is located near the Town of Braman, Oklahoma, approximately 29 miles from the Kaw Nation’s headquarters in Kaw City, Oklahoma. The property is owned in fee by the Kaw Nation and is currently operating as a travel plaza that provides refueling to interstate traffic and food and retail services.
Section 2719 of IGRA also requires that the governor of the State of Oklahoma concur in the Secretarial Determination in order for the Kaw Nation to conduct gaming on the proposed site. If the Governor concurs, a subsequent determination on the Kaw Nation’s request to acquire the Braman site in trust pursuant to section 465 of the Indian Reorganization Act will be made. The Department has forwarded the request to Governor Mary Fallin of the State of Oklahoma.
Section 2719 of IGRA generally prohibits gaming on lands acquired in trust after October 17, 1988, subject to several exceptions. One exception known as the “Secretarial Determination” or “two-part determination” permits a tribe to conduct gaming on lands acquired in trust after 1988 where the Secretary, after consultation with the Indian tribe and appropriate state and local officials, including officials of other nearby tribes, determines: 1) that a gaming establishment on newly acquired lands would be in the best interest of the Indian Tribe and its members, and 2) that gaming on the newly acquired lands would not be detrimental to the surrounding community.
In December 2012, Assistant Secretary Washburn issued notice of a decision to take approximately 127 acres of land into trust for a gaming operation for the Tonkawa Tribe of Oklahoma, also in Kay County.
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 and Bureau of Indian Education as well as the Office of Indian Gaming, which is responsible for implementing gaming-related activities assigned to Indian Affairs under the Indian Gaming Regulatory Act and other Federal laws.
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https://www.bia.gov/as-ia/opa/online-press-release/washburn-issues-secretarial-determination-gaming-application-kaw
WASHINGTON, DC – Continuing the momentum of the Department of the Interior’s Land BuyBack Program for Tribal Nations (Buy-Back Program), Deputy Secretary Mike Connor today announced that more than $34 million in additional purchase offers have been sent to almost 11,000 landowners with fractional interests at the Rosebud Indian Reservation in South Dakota. Interested sellers have 45 days – until May 16, 2015 – to return accepted offers in the pre-paid postage envelops provided.
This second round of offers at one of Indian Country’s most fractionated locations was prompted by the enthusiasm generated by the Program and will give landowners an additional opportunity to unlock thousands of acres of resources for the beneficial use of the tribe. In the initial round during the summer of 2014, the Department sent nearly $50 million in purchase offers to more than 11,000 landowners with fractional interests at the reservation.
“The success of this Program is a vital component of this Administration’s commitment to restoring tribal homelands and remedying the harms caused by the repudiated allotment policy,” said Deputy Secretary Connor. “Consolidating and returning these lands to tribes in trust have enormous potential to improve tribal community resources by increasing home site locations, improving transportation routes, spurring tribal economic development, and preserving traditional cultural or ceremonial sites.”
There are about 245,000 owners of nearly three million fractional interests, spanning 150 American Indian reservations, who are eligible to participate in the Buy-Back Program. Many see little or no economic benefit from what are often very small, undivided interests in lands that cannot be utilized due to their highly fractionated state.
The Buy-Back Program implements the land consolidation component of the Cobell Settlement, which provided $1.9 billion to purchase fractional interests in trust or restricted land from willing sellers at fair market value within 10 years. Consolidated interests are immediately restored to tribal trust ownership for uses benefiting the reservation community and tribal members.
Thus far the Buy-Back Program has paid more than $360 million to individual landowners and has restored the equivalent of almost 560,000 acres of land to tribal governments.
Offers are also currently pending at:
- Umatilla Indian Reservation (deadline: March 30)
- Salt River Pima-Maricopa Indian Community (deadline: March 31)
- Pine Ridge Indian Reservation (deadline: April 20)
Individuals who choose to sell their interests receive payments directly into their Individual Indian Money (IIM) accounts. In addition to receiving fair market value for their land based on objective appraisals, sellers also receive a base payment of $75 per offer, regardless of the value of the land.
Sales of land interests will also result in up to $60 million in contributions to the Cobell Education Scholarship Fund. This contribution by Interior is in addition to the amounts paid to individual sellers, so it will not reduce the amount landowners receive for their interests.
The Department has announced 42 locations where land consolidation activities such as planning, outreach, mapping, mineral evaluations, appraisals or acquisitions are expected to take place through the middle of 2017. These communities represent 83 percent of all outstanding fractional interests across Indian Country.
To learn more about the Program, more than 150 tribal leaders and landowners joined Interior officials at the 2015 Listening Session last week in Arizona. Written comments are encouraged and must be received by April 20, 2015. More information is available via the Federal Register.
Landowners with fractional interests can contact the Trust Beneficiary Call Center at (888) 678- 6836 with questions or to register their information. Individuals can also visit their local Office of the Special Trustee for American Indians (OST) or Bureau of Indian Affairs (BIA) office, or find more information at: www.doi.gov/buybackprogram/landowners.
https://www.bia.gov/as-ia/opa/online-press-release/interior-sends-34-million-additional-offers-landowners-fractional
WASHINGTON, D.C. – The Department of the Interior, in partnership with the Crow Tribe, will enter into an agreement for hydropower development on the Yellowtail Afterbay Dam, downstream of Yellowtail Dam and Powerplant, on the Bighorn River near Fort Smith, Montana.
The agreement is part of the Crow Tribe Water Rights Settlement Act of 2010. Under the settlement, the Tribe holds the exclusive right to develop and market power generation on the Yellowtail Afterbay Dam.
“The Crow Tribe is excited to embark on the Tribe’s exclusive right under our water settlement to develop hydropower at Yellowtail Afterbay Dam and to begin the critical work to bring the benefits of hydropower to the Reservation and our tribal membership,” said Crow Chairman Darrin Old Coyote.
“This is an excellent opportunity for development of new hydropower capacity on existing infrastructure,” said Deputy Secretary of the Interior Michael L. Connor. “Working through the Bureau of Reclamation, Interior is pleased to assist the Crow Tribe on its Yellowtail Afterbay hydro development, resulting in clean, renewable energy, and creating vital jobs in the process.”
The Tribe is responsible for overall management of the hydropower project and for coordination of activities associated with the project. The Bureau of Reclamation will provide technical assistance in reviewing designs and making sure the new hydro coexists with the existing Yellowtail Afterbay Dam in a safe and reliable manner.
The next steps include completion of design data collection, followed by design and implementation of Reclamation’s dam safety processes for the proposed modifications to the existing structure.
https://www.bia.gov/as-ia/opa/online-press-release/interior-department-announces-plans-partner-crow-tribe-yellowtail
WASHINGTON – The Secretarial Commission on Indian Trust Administration and Reform will hold the sixth in a series of public meetings on June 7, 2013, in Oklahoma City, Okla., to gather information towards developing a comprehensive evaluation of the Department of the Interior’s management and administration of Indian trust assets.
Commission members will hear from speakers knowledgeable about the Federal-Indian trust relationship, other trust models and trust reform. They also will receive an update on leasing regulations issued by the Department to implement the Helping Expedite and Advance Responsible Tribal Homeownership Act (HEARTH Act), which was signed by President Obama on July 30, 2012. The Act, which passed with overwhelming bipartisan support, grants greater authority to federally recognized tribes to develop and implement their own regulations for leasing on federal Indian lands.
In addition, management consultant Grant Thornton LLP will be present to gather attendees’ perspectives on how federal Indian trust administration currently operates. In March 2013, the company was awarded a contract in partnership with Cherokee Services Group, a Cherokee Nation-owned business, to perform a comprehensive evaluation of the Department’s management of the trust administration system in support of the Commission’s efforts.
“The Secretarial Commission on Indian Trust Administration and Reform is actively seeking views about the Department of the Interior’s management of the trust administration system,” said Commission member Stacy Leeds, “and we welcome Indian Country’s input, perspectives and recommendations on how to improve it. The Commission strongly encourages attendees to the June 7 public meeting, as well as those unable to attend, to share their views and suggestions with the management consultant, Grant Thornton, who will be there to gather that information.”
Members of the public who wish to attend the Commission’s meeting should RSVP by June 3 at the following address: trustcommission@ios.doi.gov. For more information about the June 7 meeting and the Commission’s work, visit http://www.doi.gov/cobell/commission/index.cfm. Submissions to Grant Thornton may be emailed to Trust.Commission@us.gt.com. The Secretarial Commission on Indian Trust Administration and Reform was established in 2011 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 accountable, transparent and customer-friendly management of these substantial funds and assets. All of the Commission’s meetings are open to the public.
WHO: |
Secretarial Commission on Indian Trust Administration and Reform Members to be Present:
|
WHAT: |
DOI Secretarial Commission on Indian Trust Administration and Reform public meeting. |
WHEN: |
Friday, June 7, 2013, 8:00 a.m. – 12:00 p.m. (CDT) |
WHERE: |
Courtyard Marriott Oklahoma City Downtown, 2 West Reno, Oklahoma City, Okla. 73102; Phone: 405-232-2290. |
CREDENTIALS: This invitation is extended to credentialed media representatives, who must display sanctioned media credentials for admittance to the event.
https://www.bia.gov/as-ia/opa/online-press-release/secretarial-commission-indian-trust-administration-and-reform-hold-2
WASHINGTON, DC – The Department of the Interior today announced it has transferred more than $12 million to the Cobell Education Scholarship Fund, bringing the total amount transferred so far to $17 million. Authorized by the historic Cobell Settlement, and funded in part by the Land Buy-Back Program for Tribal Nations (Buy-Back Program), the Scholarship Fund provides financial assistance through scholarships to American Indian and Alaska Native students wishing to pursue post-secondary and graduate education and training.
“With every transfer to the Scholarship Fund, we are making valuable investments in the training and education that Native students need to succeed in today’s world,” said Interior Deputy Secretary Michael L. Connor. “This program is a lasting tribute to Elouise Cobell, whose vision, leadership and concern for tribal students and their families has created a living legacy for future generations of tribal leaders.”
“The Department is thrilled that the Cobell Scholarship Fund is growing quickly so that Native students can pursue their academic dreams to go to college or graduate school,” said Hilary Tompkins, Solicitor of the Department of the Interior and one of the lead negotiators of the Cobell Settlement. “The expertise, abilities and skills these students gain can help to advance self- determination and shape future leaders in Indian Country.”
The Scholarship Fund is administered by the American Indian Graduate Center (AIGC) located in Albuquerque, N.M. The five-member Cobell Board is responsible for the oversight and supervision of the activities of the fund’s administering organization. Interested applicants should consult the AIGC website at AIGCS.org.
The Cobell Scholarship Fund is overseen by the Cobell Board of Trustees. Alex Pearl, the Chairman of the Cobell Board, said, “This is meant to be a perpetual fund so that Indian students will be able to attend college and receive Cobell Scholarship Funds long after we’re gone. The transfer that the Interior Department is making today will nearly triple the size of the Scholarship Fund precisely when the Board is in the process of deciding what funds can be made available for scholarships for the upcoming academic year beginning this fall.” Pearl went on to say, “The Board is now working with the American Indian Graduate Center to determine the eligibility criteria, but one thing is certain—as required by statute, Cobell Scholarship Funds will be available only to American Indian and Alaska Native students.”
“We at AIGC are eager to establish a working relationship with the Cobell Board of Trustees and to fund applicants for the Cobell Scholarship Program. We are hoping to begin funding with this fall’s term. The provision of a scholarship program in conjunction with the Cobell Settlement was an inspired idea, and we are pleased to have been selected to administer the program,” said Sam Deloria, Director of the American Indian Graduate Center.
Interior makes quarterly transfers to the Scholarship Fund as a result of Buy-Back Program sales, up to a total of $60 million. The amount contributed is based on a formula set forth in the Cobell Settlement that sets aside a certain amount of funding depending on the value of the fractionated interests sold. These contributions do not reduce the amount that an owner will receive for voluntarily consolidating their interests. Thus far the Buy-Back Program has paid more than $360 million to individual landowners and restored the equivalent of almost 570,000 acres of land to tribal governments.
The Buy-Back Program was created to implement the land consolidation component of the Cobell Settlement, which provided $1.9 billion to purchase fractionated interests in trust or restricted land from willing landowners. Consolidated interests are transferred to tribal government ownership for uses benefiting the reservation community and tribal members.
Turk Cobell, the President of the Cobell Board, stated that “applications for scholarships for the fall semester will be made available shortly online through the American Indian Graduate Center.”
Buy-Back Program offers are currently pending for fractional interest owners at the Umatilla Indian Reservation (deadline: April 13), Pine Ridge Indian Reservation (deadline: April 20), and Rosebud Indian Reservation (deadline: May 16).
Landowners can contact the Trust Beneficiary Call Center at 888-678-6836 to update their contact information, ask questions about their land or purchase offers, and learn about the financial implications of consolidating land. Individuals can also visit their local Office of the Special Trustee for American Indians (OST) or Bureau of Indian Affairs (BIA) office, or find more information at www.doi.gov/buybackprogram/landowners in order to make informed decisions about their land.
https://www.bia.gov/as-ia/opa/online-press-release/interior-makes-largest-transfer-date-cobell-education-scholarship
WASHINGTON – Assistant Secretary – Indian Affairs Kevin K. Washburn today announced that the Department of the Interior has a final rule for Indian Affairs to implement the Buy Indian Act of 1910 (25 U.S.C. 47, as amended), which authorizes the Secretary of the Interior to set aside procurement contracts for American Indian- and Alaska Native-owned and controlled small businesses. The final rule has been informed by public comment and consultation with tribes on the draft proposal, which was published in 2010.
“The publication of this final rule to implement the Buy Indian Act is a major accomplishment for the Administration and a win-win for both Indian Affairs and the American Indian and Alaska Native business community,” Washburn said. “The regulations will provide certainty for individually owned businesses, tribal enterprises, and Alaska Native corporations interested in selling their products to Indian Affairs. We expect this will help increase economic activity in tribal communities and provide greater employment opportunities where these businesses are located.”
The final rule describes uniform administrative procedures that Indian Affairs, including the Bureau of Indian Affairs and the Bureau of Indian Education, will use in all of its locations to encourage procurement of goods and services from eligible American Indian and Alaska Native small businesses as authorized under the Act. The rule applies to Indian Affairs and will take effect on July 8, 2013.
The rule benefits a broad range of businesses. It requires the Assistant Secretary – Indian Affairs to give preference to “Indian economic enterprises” – defined, in part, as any business entity that is at least 51 percent owned by one or more American Indian or Alaska Native individuals,federally recognized American Indian tribes, or Alaska Native villages and regional or village corporations under the Alaska Native Claims Settlement Act. As a result, engaging in a strategic partnership with a minority non-Indian investor will not disqualify an otherwise eligible Indian business
The rule supplements the Federal Acquisition Regulation and Department of the Interior Acquisition Regulation, and will be located at 48 C.F.R. Sections 1401.301-80, 1452-280 and 1480. It also responds to and incorporates the nuances of Section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Pub. Law 101-510, 10 U.S.C. 2301 note) that amended 25 U.S.C. 47 to allow American Indian firms to participate in the Department of Defense’s Mentor-Protégé Program and yet maintain eligibility for contracts awarded under the authority of the Buy Indian Act.
Since 1965, the BIA had obtained services and supplies from American Indian sources through its Buy Indian Program and based on policy memoranda and acquisition. The Bureau had worked on developing Buy Indian Act regulations on an intermittent basis since the 1980s, but never published a final rule. In 2010, Indian Affairs distributed a new draft of a proposed rule and held three tribal consultation sessions on it. In August 2012, Indian Affairs held four tribal consultation sessions on a proposed rule published that same month which incorporated input from previously published proposed rules and associated tribal consultation sessions.
Indian economic enterprises interested in contracting with Indian Affairs should monitor the Federal Business Opportunities website www.FedBizOpps.gov to identify opportunities for which there is a Buy Indian set-aside under this rule.
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), – 12 regional offices and 85 agencies. This organizational structure administers or funds tribally based infrastructure, law enforcement, social services (including child welfare), tribal government services, natural and energy resources, and trust lands and assets management programs for the nation’s federally recognized American Indian and Alaska Native tribes and villages. The Assistant Secretary – Indian Affairs also oversees the BIE, which is headed by a Director, who is responsible for the line direction and management of all education functions, including the formation of policies and procedures, the supervision of all program activities and the approval of the expenditure of funds appropriated for education functions.
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https://www.bia.gov/as-ia/opa/online-press-release/assistant-secretary-washburn-finalizes-procedures-indian-affairs
Grants to Help Native Americans Identify and Repatriate Human Remains, Cultural Objects
WASHINGTON – The National Park Service today announced the award of eight Native American Graves Protection and Repatriation Act (NAGPRA) Repatriation grants totaling $74,348. The grants will assist in the repatriation of individuals and sacred objects, objects of cultural patrimony and funerary objects back to the tribes.
“The work funded by these grants is a step toward addressing past violations of the treatment of human remains and sacred objects of native peoples, while restoring the ability of American Indian and Native Hawaiian peoples to be stewards of their own ancestral dead and cultural heritage,” said National Park Service Director Jonathan B. Jarvis.
Enacted in 1990, NAGPRA requires museums and federal agencies to inventory and identify Native American human remains and cultural items in their collections, and to consult with culturally affiliated Indian tribes, Alaska Native villages, and Native Hawaiian organizations regarding repatriation. Section 10 of the Act authorizes the Secretary of the Interior to award grants to assist in implementing provisions of the Act.
Native Village of Barrow |
AK |
$14,904 |
Native Village of Barrow |
AK | $15,000 |
The Regents of the University of California |
CA | $6,309 |
Smith River Rancheria |
CA | $14,944 |
Bay Mills Indian Community |
MI | $1,937 |
Saginaw Chippewa Indian Tribe of Michigan |
MI | $1,937 |
The Chickasaw Nation |
OK | $4,103 |
Sweet Briar College Art Collection and Galleries |
VA | $2,315 |
Total |
$74,948 |
For additional information about NAGPRA and these grants, please visit: www.nps.gov/nagpra.
About the National Park Service. More than 20,000 National Park Service employees care for America’s 407 national parks and work with communities across the nation to help preserve local history and create close-to-home recreational opportunities. Learn more at www.nps.gov.
https://www.bia.gov/as-ia/opa/online-press-release/nagpra-grants-awarded-eight-tribes
WASHINGTON, D.C. – In furthering President Obama’s efforts to support American Indian and Alaska Native families and protect tribal communities, Department of the Interior Assistant Secretary – Indian Affairs Kevin K. Washburn and Department of Justice Office of Juvenile Justice and Delinquency Prevention (OJJDP) Administrator Robert L. Listenbee today announced that the Bureau of Indian Affairs (BIA) and the Department of Justice are seeking to update the 1988 Model Indian Juvenile Code designed to assist federally recognized tribes in creating individual codes focused on juvenile matters and specifically addressing issues affecting Indian youth arrested for alcohol and/or drug-related offenses in Indian Country.
“Like the BIA’s guidelines and regulations for state courts and agencies that implement the Indian Child Welfare Act, the Bureau’s Model Indian Juvenile Code has long needed updating,” said Assistant Secretary Washburn. “Tribes know best what will work in their communities, but the model will be updated to provide better federal guidance to tribes in an effort to insure proper respect for the rights and responsibilities of Indian juveniles arrested for alcohol or drug-related offenses and those of their parents, guardians or custodians. It also will provide tribes and their court systems greater clarity and flexibility in dealing with such cases.”
“Safeguarding the fair and equitable treatment of all youth in the juvenile justice system is paramount to the mission of DOJ’s Office of Juvenile Justice and Delinquency Prevention,” said Administrator Listenbee. “This is an important step forward in ensuring tribal courts have the resources they need to respond effectively to at-risk and delinquent youth in Indian Country, and is a direct result of our collaboration with the Bureau of Indian Affairs.”
The BIA’s Office of Justice Services Tribal Justice Support Directorate (TJSD) has been working with the Department of Justice’s Office of Juvenile Justice and Delinquency Prevention since 2012 to update the existing 1988 Model Indian Juvenile Code. That code was published in 1988 following passage of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) and pursuant to the law (25 U.S.C. 2454) directing the Secretary of the Interior to develop a Model Indian Juvenile Code, including provisions relating to the disposition of cases involving Indian youth arrested or detained by BIA or tribal law enforcement for alcohol or drug-related offenses. The Department of Justice’s Office of Juvenile Justice and Delinquency Prevention has provided significant insight into the new draft provisions.
The Interior and Justice departments are seeking to develop an updated code that reflects changes in the field of juvenile justice since 1988, particularly with the enactment in 2010 of the Tribal Law and Order Act (P. L. 111-211) and the Patient Protection and Affordable Care Act (P. L. 111-148), and to comply with a provision in a 2011 Indian Alcohol and Substance Abuse Memorandum of Agreement between the Interior and Justice departments to develop such a code in accordance with 25 U.S.C. 2454.
Starting this month, TJSD will circulate a discussion draft embodying an updated Model Indian Juvenile Code to gather comment and suggestions from tribal leaders and interested parties. The discussion draft is based on a Model Juvenile Code developed in 2013 by Professor Ron Whitener of the University of Washington School of Law. Whitener also serves as chairman of the Center of Indigenous Research and Justice in Seattle. This new Model Code has been modified with input from the departments of Justice and Interior and presents a comprehensive and flexible code which encourages the use of alternatives to standard juvenile delinquency, truancy, and child-in-need of services. The Model Code also reflects a core commitment to providing tribes with examples of juvenile statutes designed to assure the fundamental rights of children and their parents, guardians and custodians and focus on allowing the opportunity for restorative diversion at each decision point in the juvenile process.
Professor Whitener presented the discussion draft at the Federal Bar Association’s 40th Annual Indian Law Conference in Scottsdale, Ariz., on April 9.
TJSD will provide additional opportunities for comments and input from the public at other national American Indian and tribal justice conferences during 2015. These additional opportunities for comment on the discussion draft are slated for the summer and fall of 2015. The exact dates will be published in the near future. Following this information-gathering phase, TJSD will revise the discussion draft based on the comments and information it has received and publish the new draft in preparation for conducting formal tribal consultation sessions on it.
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. These offices directly administer or fund tribally based infrastructure, economic development, law enforcement and justice, social services (including child welfare), tribal governance, and trust land and natural and energy resources management programs for the nation’s federally recognized American Indian and Alaska Native tribes through 12 regional offices and 81 agencies.
The Office of Justice Services Tribal Justice Support Directorate furthers the development, operation, and enhancement of tribal justice systems by providing guidance, technical support, and advisory services to tribal courts and Courts of Indian Offenses (also known as CFR courts). For more information, visit http://indianaffairs.gov/WhoWeAre/BIA/OJS/ojs-services/ojstjs/index.htm.
The Office of Juvenile Justice and Delinquency Prevention in the U.S. Department of Justice provides national leadership, coordination, and resources to prevent and respond to juvenile delinquency and victimization. OJJDP supports states and communities in their efforts to develop and implement effective and coordinated prevention and intervention programs and to improve the juvenile justice system so that it protects public safety, holds offenders accountable, and provides treatment and rehabilitative services tailored to the needs of juveniles and their families. For more information, visit http://www.ojjdp.gov/.
https://www.bia.gov/as-ia/opa/online-press-release/interior-and-justice-announce-effort-update-bias-1988-model-indian
WASHINGTON – The National Park Service has proposed to modify the regulation governing the gathering of plants in national parks. The rule would allow members of federally recognized Indian tribes with traditional associations to areas within specific units of the National Park System to gather and remove plants or plant parts for traditional purposes. The gathering and removal allowed by the rule would be governed by agreements that may be entered into between the National Park Service and the tribes, and would also be subject to permits that identify the tribal members who may conduct these activities. The rule would prohibit commercial uses of gathered materials.
To be published Monday April 20 in the Federal Register, 36 CFR Part 2, Gathering of Certain Plants or Plant Parts by Federally Recognized Indian Tribes for Traditional Purposes, will be open for public comment for 90 days through Monday, July 20, 2015.
“The proposed rule respects tribal sovereignty and the government-to-government relationship between the United States and the tribes,” said National Park Service Director Jonathan B. Jarvis. “It also supports the mission of the National Park Service and the continuation of unique cultural traditions of American Indians.”
Many units of the National Park System contain resources important to the continuation of American Indian cultures. Indian tribes have actively sought the ability to gather and use plant resources for traditional purposes such as basketry and traditional medicines while ensuring the sustainability of plant communities in parks. At the same time, park managers and law enforcement officers need clear guidance regarding their responsibilities for enforcing park regulations with respect to the use of park resources by American Indians. The proposal provides an approach to plant collecting by members of federally recognized tribes that can be applied across the National Park Service.
In drafting the proposed rule, National Park Service staff met with or contacted more than 120 Indian tribes. Tribal consultation that followed indicates that the approach taken in the proposed rule would address the need for gathering while respecting tribal sovereignty.
Comments on the proposed rule should reference the National Park Service and Regulation Identifier Number (RIN) 1024-AD84, and can be submitted online through the Federal Rulemaking Portal: http://www.regulations.gov, which provides instructions for submitting comments; or by mail to: National Park Service, Joe Watkins, Office of Tribal Relations and American Cultures, 1201 Eye Street NW, Washington, DC 20005. The National Park Service will accept public comments on the proposed rule through Monday, July 20, 2015.
Comments and suggestions on the information collection requirements in the proposed rule should be sent to the Desk Officer for the Department of the Interior at OMB-OIRA by fax at (202) 395-5806 or by e-mail to OIRA_Submission@omb.eop.gov. Please provide a copy of your comments by email to madonna_baucum@nps.gov or by mail to: Information Collection Clearance Officer, National Park Service, 1849 C Street, NW, Washington, DC 20240. Please reference “1024-AD84” in the subject line of your comments. You may review the Information Collection Request online at http://www.reginfo.gov. Follow the instructions to review Department of the Interior collections under review by OMB. Comments on the information collection requirements must be received by Wednesday, May 20, 2015.
https://www.bia.gov/as-ia/opa/online-press-release/national-park-service-proposes-regulation-gathering-plants