OPA

The final environmental impact statement for the Vekol Hills Project, a proposed open pit copper and molybdenum mine on the Papago Indian Reservation in Pinal, County, Arizona, has been completed, the Bureau of Indian Affairs announced today.

Notice of the availability of the EIS is being published in the Federal Register.

The project calls for mining and related activities to be conducted under the terms of mineral and surface leases granted by the Papago Tribe, if approved by the Secretary of the Interior.

The project will include 2,030 acres of desert and foothill terrain, some of which has already been affected by past mining activities.

Single copies of the EIS may be obtained from the Bureau of Indian Affair, Phoenix Are Office, 3030 North Central Avenue, Phoenix, Ariz., 85011. Copies of the statement are available for inspection, also, at the BIA's Washington, D.C. office and the Papago Agency office.

Interior Assistant Secretary Forrest J. Gerard today called President Carter's water policy "a logical framework for a rational solution to the complex problems concerning scarce water resources in the West."

Gerard said that he is "particularly pleased with the President's recognition of Indian water rights as a key to settlement of this controversial issue, as well as a key to the maintenance of a permanent tribal homeland."

The June 6 White House message directs the Bureau of Indian Affairs to develop and submit a plan for the review of Indian water claims to be conducted within the next ten years. Gerard, the Administration's top Indian Affairs official, stated that his agency would "vigorously carry forth this initiative in a cooperative effort with Indian tribal leadership and appropriate federal agencies."

The Administration's water policy addresses many concerns expressed by the tribal leadership and adopts recommendations advocated by the Department in four major areas:

(1) That the Administration support negotiated settlement of water disputed;

(2) That the BIA inventory tribal water claims;

(3) That litigation of Indian claims take place in federal courts;

(4) That a policy directive be approved to increase the development of Indian water resources.

"The essence of the announced water policy is the rational development and protection of Indian water resources in conjunction with resources quantification," Gerard said.

"Quantification has become a buzz-word for alarm in Indian country because previous quantification proposals have been viewed as adverse to the Indian interest in that they lacked essential ingredients which are part and parcel of this policy. These include 1) recognition of Indians' legal and long standing rights to water, 2) recognition of the tribal rights to a permanent existence, 3) recognition of the necessity of coupling quantification with development for the benefit of the Indian communities, and 40 recognition of the prior and paramount tribal rights in the development and quantification process."

Stating that the President's policy directives "provide both form and format for lasting benefits to the Indian community." Gerard called upon the tribal leadership " to seize this opportunity to initiate a comprehensive water resource development program."

The Interior Department's Bureau of Indian Affairs has submitted for publication in the Federal Register final rules governing removal from the roll of Alaska Natives the names of those ineligible under terms of the Alaska Native Claims Settlement Act.

Proposed rules were published in the Federal Register on April 7. Comments from native corporations and individual Alaska Natives, as well as from Bureau staff in Anchorage, have resulted in several changes intended to clarify the final rules, to make the application of the revised disenrollment policy uniform and fairer and to ensure due process for those whose eligibility is challenged.

The 1971 Settlement Act directed the Interior Secretary to prepare within two years an official roll of Alaska Natives for use in distribution of land and funds. Work was not completed by the deadline so the roll was certified subject to changes reflecting future legal decisions.

The Bureau of Indian Affairs began in 1974 a program to remove the names of ineligible individuals from the roll.

Alaska native corporations supported the program in principle but objected to some disenrollment practices. They said procedures were too complex and frequently misunderstood and that many eligibility challenges were based on inadequate investigation. Native leaders also feared that natives who failed to answer complaints against them faced default judgments.

In response to the criticisms, the Secretary ordered a dull review of the disenrollment program. He determined that lack of a final roll was interfering with land conveyances to Native Corporation and ordered a revised program carefully limiting the grounds for disenrollment.

In essence, the new program limits eligibility challenges to those who:

--Died before or were born after December 18, 1971, the date the Act was passed.

--Have no native ancestry.

--Have no U.S. citizenship, either by birth of naturalization.

--Were enrolled as of April 1, 1970, to the Metlakatla Indian Community

--Committed fraudulent misconduct in submitting their enrollment application.

The Final rules become effective 30 days after publication in the Federal Register.

The Bureau of Indian Affairs announced today that it plans to initiate a nutrition program, including delivery of hot meals, for elderly residents of the former Navajo-Hopi Joint Use Area.

Required stock reduction in the heavily over-grazed area has greatly reduced the supply of available mutton, the traditional meat food.

The BIA is contracting with the Navajo Tribe's Aging Office for the administration of the program.

Joint Use Area administrative funds have been reprogrammed to fund the nutrition program. In addition, meat purchased for stock reduction purposes will be donated to the program.

It is estimated that about 1,200 Navajos will be eligible to participate in the program.

New regulation providing extra sockeye salmon fishing time under long standing treaty rights to members of eight Washington State Indian Tribes were published June 23 in the Federal Register, Interior Assistant Secretary Forrest Gerard announced today.

The new regulations will be effective June 25, in time for the salmon season beginning June 26. They replace similar regulations published in June of 1977 in the Federal Register.

The area affected by the regulations is in and around the Strait of Juan de Fuca, which separates the southern end of Vancouver Island, Canada, from the north edge of the Olympic Peninsula in the United States, and in Northern Puget Sound. These are the waters where Puget Sound meets the Pacific Ocean, and where major runs of salmon are expected to seek their native streams in the Fraser River system for spawning this summer.

Non-Indian fishermen will be allowed a basic two days per week of sockeye fishing this season under regulations of the International Pacific Salmon Fisheries Commission {IPSFC). Following the pattern set last year, the State Department approved the regulations on June 5, except as to U.S. Indians fishing under the regulations of the Interior Department. Canadian Indian subsistence fishing is not regulated by the IPSFC, although it also occurs in waters coming under the joint U.S. Canadian treaty which established the IPSFC.

Between July 23 and September 9 in designated area the regulations allow the treaty Indians about two additional nights per week for gill netting and one additional day for purse seining.

The granting of additional fishing to the Indians is grounded in numerous court tests, including the landmark decision of U.S. Washington, which held that treaties of 1854 and 1855 give the Indian groups the opportunity to catch one-half the total U.S. catch in the Indians accustomed fishing places. This arrangement was upheld in a different case by the U.S. District Court in a test brought last year by non-Indian fisherman of the Puget Sound area.

Last year, the Indian, with an additional day's fishing each week caught 19.3 percent of the U.S. share of sockeye salmon. It is expected that they will catch about the same percentage this year.

The terms of the U.S. - Canadian Treaty require an equal split of the fish between the two countries and adequate escapement to perpetuate the runs in future years. The Departments of Commerce and the Interior will perform a continuing monitoring service to carry out needed adjustments in the fishery throughout the season in response to information provided by the IPSFC to be sure terms of the Canadian Treaty are met. Fishermen are kept advised of these changes by hot- line telephone service.

The Indians affected by the regulations are the Makah Tribe, the Lower Elwha and Port Gamble Bands of the Clallam Tribe, Suquamish Tribe, Lummi Tribe, Noo sack Tribe, Swinomish Indian Tribal Community and Tu1alip Tribe.

The Department of the Interior, seeking to restore a once-outstanding salmon and steelhead fishery on the Lower Klamath and Trinity Rivers in California, announced today it would closely regulate Indian commercial and subsistence fishing this summer while undertaking “significant” studies aimed at improving the fish resources.

Both rivers flow through the Hoopa Indian Reservation, where regulation and enforcement of commercial and subsistence fishing has been admittedly ineffective.

The Klamath, which rises in Oregon and empties into the Pacific about 50 miles north of Eureka , is heavily fished by both Indians and sportsmen. The Trinity is one of its tributaries, but most of its waters have been diverted reducing stream flows ad fish runs.

"The new Federal regulations, to take effect July 15, will substantially reduce the impact of Indian fishing from the levels of the past several years,” Under Secretary of the Interior James A. Joseph said.

"But fishing by Indians constitutes only a part of the pressure on the Klamath and the Trinity and we need to assess the other factors as accurately as possible. We have tried but failed to obtain State consent to a cooperative regulatory system, but we will go as far as we can," Joseph said.

“In addition, we expect the State of California will actively enforce creel limits on sport fishermen. Both State and Federal fishery biologists plan studies of the salmon and steelhead populations this year to provide more accurate data as a basis for future regulations."

Indians will continue to be eligible for subsistence fishing throughout most of the year, subject --as are all fishermen-- to basic gear restrictions, in-season adjustments and emergency closures to allow proper spawning escapement, Joseph said. Key points in the regulations--to take effect as interim rules on July 15, with public comments invited--will include.

--An Indian commercial fishing season for fall chinook salmon on the Klamath from July 15 to September 10;

--Four nights of fishing per week during that season on the Klamath from the Highway 101 bridge to the up-river end of the Reservation, and on that part( of the Trinity lying wit in the Reservation;

--Limitation of Indian fishing from the Highway 101 bridge to the mouth of the Klamath to two night per week, to permit effective studies and assure conservation during the fall chinook run.

Federal enforcement agents led by the U. S. Fish and Wildlife Service will actively enforce all regulations this year, the Under Secretary said.

''We undertake this action reluctantly," he added. ''We do not enjoy cutting back on anyone's fishing but we have to consider both the state of the fishery and Interior's trust responsibility to the Indians now and tomorrow."

Joseph expressed keen disappointment that Interior had been unable thus far to reach agreement with California State officials on a cooperative regulatory system for fishing throughout the Klamath and Trinity. "They agreed strong action was required, but when we got down to specifics there was indecision, hesitation, and refusal," he said.

He noted that Indians of the Hoopa Reservation have Federally-reserved fishing rights on their reservation including commercial and subsistence fishing. Ordinarily, regulation of fishing on reservations is the responsibility of the tribal government, and Federal intervention is unusual. On the Hoopa Reservation however, 18 years of internal court battles have left the Indians without a tribe government structure capable of uniform regulation throughout the Reservation. Tribal regulation will be resumed once the court issues are resolved and tribal government questions are answered, Joseph said.

''Meanwhile, we cannot wait,” said the Under Secretary. "The fall chinook run is imminent and we have to take what action we can to give the fish a chance to recover and make an intensive study of this year's remaining runs."

Once world-renown, the fish runs of the two rivers have declined seriously from their historical levels. Major blame is generally assigned to dams and water diversions, but other factors include inadequate land management, logging practices, intensive exploitation of ocean fisheries, and drought conditions during recent years.

The Under Secretary said this year's studies will address those issues as well as planning for enhancement of conditions to improve future fish runs.

The appointments of three officials to serve in administrative positions on the Navajo Reservation were announced today by Interior Assistant Secretary for Indian Affairs Forrest Gerard.

Ted S. Koenig was named Assistant Area Director for Resource in the Navajo Area Office.

Albert L. Keller was appointed Supervisory General Engineer for the Navajo Irrigation Project.

Thomas H. Begay was made Superintendent of the Chinle, Agency on the reservation.

Koenig, who has a degree in forest management from North Carolina State University, has worked for the Federal Government in forestry and resource management since 1960. He had been a supervisory forester in the Navajo Area and had, most recently, been Acting Superintendent of the Fort Defiance Agency.

Keller received his degree in agricultural engineering from South Dakota State University. A 24-year employee of the Bureau of Indian Affair, he worked on reservations in South Dakota before coming to Navajo. He has been Natural Resource Manager at the Shiprock Agency.

Begay, a full-blooded Navajo, served in both the United States Marine Corps and Army. A Utah State alumnus, he began his career with BIA in 1958. He was the Vocational Development Officer at the Chinle Agency.

Secretary of the Interior Cecil D. Andrus announced today he will review the Department's policy requiring five years' occupancy before land can be withdrawn under the 1906 Alaska Native Allotment Act.

Action on such withdrawals will be suspended pending the review, the Secretary said. A notice of the review and suspension was published in the Federal Register July 11, 1978

Before the Alaska Native Claims Settlement Act (ANCSA) was passed in 1971, Alaska Natives could get title to public land under the 1906 Act. ANCSA expressly repealed the 1906 Act but protected the several thousand claims pending on the date of the repeal--December 18, 1971.

In 1973, the Department began requiring a five-year occupancy of the land be completed before it could be withdrawn for a Native allotment As a result, many application were denied. Several lawsuits were filed against the Department and some of them are still pending.

"Because of the understandable concern of the Alaska Natives, I have decided to review, with the Solicitor, the policy of requiring the full five year' occupancy to have been completed before withdrawal," Andrus said.

Those interested in commenting on the policy under review will have 30 days from the date notice appears in the Federal Register in which to submit their views. Comments should be sent to the Associate Solicitor, Indian Affairs Office of the Solicitor, Department of the Interior, Washington D.C. 20240.

Bureau of Indian Affairs plans to poll Osage Indian descendants to obtain their views on the future form of the Osage tribal government.

Under existing legislation, the present system of tribal government will expire January 1, 1984, if not extended. The extent of authority of the present Osage tribal government is also being questioned in litigation by some tribal members.

In a July 10 letter to Osage tribal members, the BIA announced that, in its role as trustee, it will " involve itself directly in effort to assure for the Osage a continuing tribal government of their choice. The July 10 letter asked for information to complete mailing lists for the survey and requested suggestion on topics of questions to be included in the poll.

Bureau expects to be complete the survey by October, 1978.

Osage descendants, who may not have received the July 10 letter, are invited to send their mailing address to the BIA, Washington D.C. 20245 not later than July 28. They may also suggest material for inclusion on the questionnaire.

Interior Solicitor Leo M. Krulitz announced today the working groups formed to help work out negotiated settlements of the New York land claims of the Cayuga Nation and the St. Regis Mohawk Tribe will resume meetings soon.

Krulitz said that since the working groups last met in March the two Tribes have offered settlement proposals which have been reviewed by both federal and New York State officials. Those officials concluded that the proposals, as pre­sented, were much too costly. But, Krulitz recently informed tribal representatives that their objectives might still be accomplished and suggested that there is ample room for further negotiation. The Tribes have assured him that they will reconsider their proposals, he said

"I feel more strongly now that these claims can and should be settled," Krulitz said. "I am confident that all parties are committed to that goal."

He added that the Administration is prepared to contribute financially to reasonable settlements of the Cayuga and Mohawk claims, and so is the State of New York. Krulitz and James W. Moorman, Assistant Attorney General for Land and Budget Resources, met last month with New York Secretary of State Mario Cuomo to discuss the Tribes' proposals.

The working groups are made up of representatives of the Tribes, the State of New York, the Interior and Justice Departments and the Office of Management and Budget. Senator Daniel Moynihan and Jacob Javits are represented in the Cayuga Group and Rep. Robert C. McEwen in the Mohawk group.

The groups met on several occasions in January, February and March of this year before submission of the Tribes; proposals. The groups will now be expected to explore alternative approaches to settle the land claims. The Cayuga Nation claim is for 62,000 acres in Seneca and Cayuga Counties. The St. Regis Mohawk claim is for 15,000 acres in Franklin and St. Lawrence Counties. Both Tribes claim lands set aside for them in treaties with the Federal government in the 1790's. Shortly thereafter, however, those lands were acquired by New York State in transactions which the Tribes contend violated the Indian Nonintercourse Act of 1790. The Interior Department took the position in June 1977 that the Tribes have credible claims, and the settlements of those claims should be negotiated.