OPA

WASHINGTON – Acting Assistant Secretary –Indian Affairs Lawrence S. Roberts today announced the approval of a $23.5 million loan guarantee to the Navajo Tribal Utility Authority (NTUA) that will allow it to acquire a greater ownership interest in NTUA Wireless, LLC, a telecommunications services company serving the Navajo Nation. The company is a partnership of NTUA and Commnet Wireless, a rural wireless service provider based in Atlanta, Georgia.

“I congratulate the Navajo Tribal Utility Authority on becoming the majority owner of the largest tribal telecommunications company in the United States,” Roberts said. “The goal of the Indian Loan Guarantee Program is to build strong, sustainable tribal economies by supporting business development and expansion throughout Indian Country. Thanks to that program, the Navajo Tribal Utility Authority can move forward in building out the reservation’s telecommunication network for the benefit of the Navajo Nation and its people.”

The loan guarantee, issued by the Indian Affairs Office of Indian Energy and Economic Development, enables NTUA to acquire a 51 percent interest in the telecommunications services company , making it America’s largest wireless/internet business primarily owned and operated by a tribal enterprise.

“Our Navajo Nation is the largest Indian Land base in the U.S. and with a large service area such as this we are embracing the change this will bring in providing greatly needed wireless service to our tribal members,” stated Navajo Nation President Russell Begaye.

President Begaye also told Acting Assistant Secretary Roberts, “As we move toward true sovereignty as a nation by obtaining a greater percentage in ownership of the wireless services from Commnet Wireless, this demonstrates this administration’s commitment to our people in two of the four pillars, infrastructure and job creation. With this greater acquisition we now have the ability to make decisions that impact our Navajo People.”

With this acquisition, NTUA can now participate in decisions affecting the growth of the company, voting on issues raised during shareholder meetings and directing strategic initiatives, such as the deployment of additional microwave towers in unserved areas on the Navajo Reservation. NTUA also can continue to expand the company’s employment base, which has increased to 84 employees and has the potential for further growth.

NTUA Wireless, LLC was established in 2010 to build a wireless communications and microwave network throughout the central part of the Navajo Nation. In the past two years, the company has made significant progress in expanding wireless and broadband communications operations on the Navajo Reservation. Today, the company owns more than 90 towers and has over 25,000 cellular phone customers. As cellular service becomes increasingly available on the Navajo Reservation, families will be better connected when tribal members have to pursue employment opportunities far from home.

IEED’s Division of Capital Investment (DCI) administers the Indian Loan Guarantee Program, which is authorized under the Indian Financing Act of 1974 to guarantee loans from conventional lenders to American Indian-owned businesses that directly contribute to growing and improving tribal economies. In fiscal year 2015, DCI guaranteed loans totaling $100 million. The program’s overall loss rate, taking into account all activity since 1992, is under four percent.

The Assistant Secretary – Indian Affairs oversees the Office of Indian Energy and Economic Development, which also implements the Indian Energy Resource Development Program under Title V of the Energy Policy Act of 2005. IEED’s mission is to foster stronger American Indian and Alaska Native (AI/AN) communities by helping federally recognized tribes develop their renewable and nonrenewable energy and mineral resources; increasing access to capital for tribal and individual American Indian- and Alaska Native-owned businesses; assisting tribes in building the legal infrastructure necessary for their economic progress; and enabling tribally and individual AI/AN-owned businesses to take advantage of government and private sector procurement opportunities.

For more information about all IEED programs and services, visit the Indian Affairs website at http://www.indianaffairs.gov/WhoWeAre/AS-IA/IEED/index.htm

PABLO, Montana – As part of President Obama’s commitment to strengthen the government-to-government relationship with tribal nations and fulfill federal trust obligations, Secretary of the Interior Sally Jewell today issued a Secretarial Order reaffirming the Department of the Interior’s trust responsibilities to federally-recognized Indian tribes and individual Indian beneficiaries and providing guidance for Interior agencies in carrying out their obligations to them.

“This Order reaffirms the Department’s obligations and demonstrates our continuing commitment to upholding the important federal trust responsibility for Indian Country,” said Secretary Jewell, who chairs the White House Council on Native American Affairs. “The landmark Cobell Settlement and resolution of nearly 80 other tribal trust management lawsuits under President Obama launched a new chapter in federal trust relations with tribes and individual Indian beneficiaries and reflects our dedication to strengthen the government-to-government relationship with tribal leaders.”

The Secretarial Order provides seven principles that apply to all Interior agencies, not just the Bureau of Indian Affairs, including supporting tribal sovereignty and self-determination; protecting tribal lands and resources; building partnerships; practicing responsiveness and timeliness; and seeking legal advice to ensure compliance with the trust responsibility. As federal agencies that make policy affecting Indian tribes and individual Indian beneficiaries, all of the Department’s bureaus and offices share the same general federal trust responsibility.

"This Order speaks not only to American Indian tribes, but also to federal employees across the Department, reminding each of them of their important role in fulfilling the trust responsibility," said Assistant Secretary Kevin Washburn. "It acknowledges that each of us working in the federal government has an important responsibility to Indian country and it ultimately takes all of us, working together, to meet our important obligations as a trustee."

The federal trust responsibility, which originates from the unique, historical relationship between the United States and Indian tribes, consists of the highest moral and legal obligations that the federal government must meet to ensure the protection of tribal and individual Indian lands, assets and resources as well as treaty and similarly recognized rights. Among their responsibilities, Interior agencies oversee $4.7 billion in trust funds derived from managing 55 million surface acres and 57 million acres of subsurface mineral estate held in trust for individual Indians, Indian tribes and Alaska Natives. Eleven million acres belong to individual Indians and 44 million acres to tribes. Interior administers more than 119,000 leases for the use of these lands, including oil, gas and mineral extraction, water and energy development, timber harvesting and grazing.

Today’s Secretarial Order responds to recommendations of the Secretarial Commission on Indian Trust Administration and Reform, which was established in 2009 as part of the $3.4 billion Cobell Settlement, one of the largest class-action lawsuits in U.S. history. The Commission evaluated the Department’s trust administration system and identified potential improvements, urging a renewed emphasis on U. S. obligations so that all federal agencies understand their obligations to abide by and enforce trust duties. The Interior Department has taken a number of steps to address issues raised in the Commission’s report, as well as identified actions that the Department will take to improve the trust administration. A new document outlining those reforms is available here.

The Secretary made her announcement during a visit with leaders of the Confederated Salish & Kootenai Tribes of the Flathead Indian Reservation in northwest Montana, where she was joined by U.S. Senator Jon Tester; Vincent G. Logan, Special Trustee for American Indians; and Mike Black, Director of the Bureau of Indian Affairs.

“The achievements of the Confederated Salish & Kootenai Tribes demonstrate that the federal trust responsibility often can be best achieved by empowering the tribes – by contracting with them so that they can provide the federal services owed under the trust responsibility,” Jewell noted. “The Salish & Kootenai Tribes were among the first to receive full self-governance rights in 1993, assuming key functions of the Bureau of Indian Affairs and Office of the Special Trustee for American Indians and strengthening the economy of their community and the State of Montana.”

Interior’s Office of the Special Trustee, led by Vincent G. Logan, oversees reforms that have improved the accountability and management of Indian funds held in trust by the federal government. OST provides oversight and coordination of the policies, procedures, systems and practices used by various agencies to manage Indian trust assets. The Obama Administration also has helped to rebuild the federal trust relationship by resolving nearly 80 separate tribal trust management cases, providing $2.6 billion in settlements; and issuing a new federal policy in 2009 on consulting with Indian tribes, setting standards for engaging on a government-to-government basis to ensure agency decisions consider the impacts on affected tribes and their members. With an enrolled membership of about 8,000, the Confederated Salish & Kootenai Tribal Government is the largest employer in Lake County, Montana, with 1,200 employees; infuses $80 million a year into the area economy through a $35 million payroll and $45 million in purchases; and contributes about $317 million annually to Montana’s economy. The Secretary’s discussions with tribal leaders dealt with several current initiatives, including a cooperative agreement on a Land Buy Back Program to purchase and consolidate fractionated land ownership interests from willing sellers, as well as climate change impacts on tribal natural resources.

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THE SECRETARY OF THE INTERIOR

WASHINGTON

ORDER NO. 3335

Subject: Reaffirmation of the Federal Trust Responsibility to Federally Recognized Indian Tribes and Individual Indian Beneficiaries

Sec. 1 Purpose

In 2009, Secretary's Order No. 3292 established a Secretarial Commission on Indian Trust Administration and Reform (Commission). The Commission issued its Final Report and Recommendations in December 2013, which sets forth its views and recommendations regarding the United States' trust responsibility. In response to the report, this Order sets forth guiding principles that bureaus and offices will follow to ensure that the Department of the Interior (Department) fulfills its trust responsibility.

Sec. 2 Authority

This Order is issued pursuant to the U.S. Constitution, treaties, statutes, Executive Orders, and other Federal laws that form the foundation of the Federal-tribal trust relationship and in recognition of the United States' trust responsibility to all federally recognized Indian tribes and individual Indian beneficiaries.

Sec. 3 Background

The trust responsibility is a well-established legal principle that has its origins with the formation of the United States Government. In the modem era, Presidents, Congress, and past Secretaries of the Interior have recognized the trust responsibility repeatedly, and have strongly emphasized the importance of honoring the United States' trust responsibility to federally recognized tribes and individual Indian beneficiaries.

a. Legal Foundation. The United States' trust responsibility is a well-established legal obligation that originates from the unique, historical relationship between the United States and Indian tribes. The Constitution recognized Indian tribes as entities distinct from states and foreign nations. Dating back as early as 1831, the United States forman y recognized the existence of the Federal trust relationship toward Indian tribes. As Chief Justice John Marshall observed, "[t]he condition of the Indians in relation to the United States is perhaps unlike that of any other two people in existence ... marked by peculiar and cardinal distinctions which exist nowhere else." Cherokee Nation v. Georgia, 30 U.S. 1, 16 (1831). The trust responsibility consists of the highest moral obligations that the United States must meet to ensure the protection of tribal and individual Indian lands, assets, resources, and treaty and similarly recognized rights. See generally Cohen's Handbook of Federal Indian Law§ 5.04[3] (Nell Jessup Newton ed., 2012); Seminole Nation v. United States, 316 U.S. 286, 296-97 (1942).

The U.S. Supreme Court has repeatedly opined on the meaning of the United States' trust responsibility. Most recently, in 2011, in United States v. Jicarilla, the Supreme Court recognized the existence of the trust relationship and noted that the "Government, following 'a humane and self-imposed policy ... has charged itself with moral obligations of the highest responsibility and trust,' obligations 'to the fulfillment of which the national honor has been committed.'" The Court further explained that "Congress has expressed this policy in a series of statutes that have defined and redefined the trust relationship between the United States and the Indian tribes. In some cases, Congress established only a limited trust relationship to serve a narrow purpose. In other cases, we have found that particular 'statutes and regulations ... clearly establish fiduciary obligations of the Government' in some areas. Once federal law imposes such duties, the common law 'could play a role.' But the applicable statutes and regulations 'establish [the] fiduciary relationship and define the contours of the United States' fiduciary responsibilities."' United States v. Jicarilla Apache Nation, 131 S. Ct. 2313, 2324-25 (2011)(internal citations omitted). While the Court has ruled that the United States' liability for breach of trust may be limited by Congress, it has also concluded that certain obligations are so fundamental to the role of a trustee that the United States must be held accountable for failing to conduct itself in a manner that meets the standard of a common law trustee. "This is so because elementary trust law, after all, confirms the commonsense assumption that a fiduciary actually administering trust property may not allow it to fall into ruin on his watch. 'One of the fundamental common-law duties of a trustee is to preserve and maintain trust assets."' United States v. White Mountain Apache Tribe, 537 U.S. 465, 475 (2003)(internal citations omitted).

b. Presidential Commitments to the Trust Responsibility. Since this country's founding, numerous Presidents have expressed their commitment to upholding the trust responsibility. In the historic Special Message on Indian Affairs that marked the dawn of the self-determination age, President Nixon stated "[t]he special relationship between Indians and the Federal government is the result of solemn obligations which have been entered into by the United States Government ... [T]he special relationship ... continues to carry immense moral and legal force. To terminate this relationship would be no more appropriate than to terminate the citizenship rights of any other American." Public Papers of the President: Richard M. Nixon, Special Message on Indian Affairs (July 8, 1970).

For more than four decades, nearly every administration has recognized the trust responsibility and the unique government-to-government relationship between the United States and Indian tribes. President Obama established a White House Council on Native American Affairs with the Secretary of the Interior serving as the Chair. President Barack Obama, Executive Order No. 13647, Establishing the White House Council on Native American Affairs (June 26, 2013). The Order requires cabinet-level participation and interagency coordination for the purpose of "establish[ing] a national policy to ensure that the Federal Government engages in a true and lasting government-to-government relationship with federally recognized tribes in a more coordinated and effective manner, including by better carrying out its trust responsibilities." See also President Barack Obama, Memorandum on Tribal Consultation (Nov. 5, 2009); President George W. Bush, Executive Order No. 13336, American Indian and Alaska Native Education (Apr. 30, 2004); President William J. Clinton, Public Papers of the President: Remarks to Indian and Alaska Native Tribal Leaders (Apr. 29, 1994); President George H.W. Bush, Public Papers of the President: Statement Reaffirming the Government-to-Government Relationship Between the Federal Government and Indian Tribal Governments (Jun.14, 1991); President Ronald Reagan, American Indian Policy Statement, 19 Weekly Comp. Pres. Doc. 98 (Jan. 24, 1983); President Gerald L. Ford, Public Papers of the President: Remarks at a Meeting with American Indian Leaders (July 16, 1976); President Richard M. Nixon, Public Papers of the President: Special Message on Indian Affairs (July 8, 1970); President Lyndon B. Johnson, Public Papers of the President: Special Message to the Congress on the Problems of the American Indian: "The Forgotten American" (March 6, 1968).

c. Congress. Congress has also recognized the United States' unique responsibilities to Indian tribes and individual Indian beneficiaries. Recently, Congress passed a joint resolution recognizing the "special legal and political relationship Indian tribes have with the United States and the solemn covenant with the land we share" and acknowledged the "long history of depredations and ill-conceived polices by the Federal government regarding Indian tribes" and offered "an apology to all Native peoples on behalf of the United States." 111th Cong. 1st Sess., S.J. Res 14 (Apr. 30, 2009). Congress has expressly and repeatedly recognized the trust responsibility in its enactments impacting Indian Affairs. See, e.g., Indian Education and Self-Determination and Assistance Act of 1975; Tribal Self-Governance Amendments of 2000; American Indian Trust Fund Management Reform Act of 1994; Federally Recognized Indian Tribe List Act of 1994; Tribally Controlled Schools Act of 1988 and Indian Education Act of 1972; Indian Child Welfare Act of 1978; Indian Mineral Development Act of 1982; Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012 (HEARTH Act).

d. The Department of the Interior. The Department likewise has recognized its obligations as a trustee towards Indian tribes and individual Indian beneficiaries and has been vested with the authority to perform certain specific trust duties and manage Indian affairs.

The Bureau of Indian Affairs (BIA) was transferred from the War Department to the Department in 1849. Congress delegated authority to the Department for the "management of all Indian affairs and of all matters arising out of Indian relations[,]" 25 U.S.C. § 2 (2014); see also 25 U.S.C. § 9 (2014); 43 U.S.C. § 1457. The BIA became the principal actor in the relationship between the Federal Government and Indian Tribes, and later Alaska Native Villages, exercising administrative jurisdiction over tribes, individual Indians, their land and resources.

The BIA has evolved dramatically over the last 185 years from an agency implementing past policies of allotment and assimilation, to a bureau charged with promoting and supporting Indian Self-Determination. In addition, several other bureaus and offices within the Department were created for or have specific duties with respect to fulfilling the trust responsibility, such as the Bureau of Indian Education, Office of the Assistant Secretary- Indian Affairs, Secretary's Indian Water Rights Office, Office of the Special Trustee for American Indians, Land Buy-Back Program for Tribal Nations, Office of Historical Trust Accounting, Office of Natural Resource Revenue, Office of Appraisal Services, and Office of Minerals Evaluations. All of these programs support and assist federally recognized tribes in the development of tribal government programs, building strong tribal economies, and furthering the well-being of Indian people. As instruments of the United States that make policy affecting Indian tribes and individual Indian beneficiaries, the Bureau of Land Management, Bureau of Reclamation, Fish & Wildlife Service, National Park Service, and the Department's other bureaus and offices share the same general Federal trust responsibility toward tribes and their members. In an extended legal opinion regarding the meaning of the trust responsibility, former Department of the Interior Solicitor Leo M. Krulitz concluded that "[t]he trust responsibility doctrine imposes fiduciary standards on the conduct of the executive. The government has fiduciary duties of care and loyalty, to make trust property income productive, to enforce reasonable claims on behalf of Indians, and to take affirmative action to preserve trust property." Memorandum from Department of the Interior Solicitor Leo M. Krulitz to Assistant Attorney General James W. Moorman, at 2 (Nov. 21, 1978). This opinion remains in effect today. In exercising this broad authority, past Secretaries have acknowledged that the Department's relationship with Indian tribes and individual Indian beneficiaries is guided by the trust responsibility and have expressed a paramount commitment to protect their unique rights and ensure their well-being, while respecting tribal sovereignty. See e.g., Secretary's Order 3317, Department of the Interior Policy on Consultation with Indian Tribes (Dec. 01, 2011 ); Secretary's Order 317 5, Departmental Responsibilities for Indian Trust Resources (Nov. 8, 1993); Secretary's Order 3206, American Indian Tribal Rights, Federal Trust Responsibilities, and the Endangered Species Act (Jun. 5, 1997); Secretary's Order 3215, Principles for the Discharge of the Secretary's Trust Responsibility (Apr. 28, 2000); Secretary's Order 3225, Endangered Species Act and Subsistence Uses in Alaska (Jan. 19, 2001). The Department has also sought to build a strong government-to-government relationship with Indian tribes. The Department of the Interior Policy on Consultation with Indian Tribes, which was adopted in December 2011, sets forth standards for engaging with Indian tribes on a government-to-government basis to ensure that the decisions of the Department consider the impacts on affected Indian tribes and their members.

Sec. 4 A New Era of Trust

During the last few decades, the trust relationship has evolved. In the Era of Tribal Self-Determination, the Federal trust responsibility to tribes is often fulfilled when the Department contracts with tribal governments to provide the Federal services owed under the trust responsibility. Because tribal governments are more directly accountable to the people they represent, more aware of the problems facing Indian communities, and more agile in responding to changes in circumstances, tribal governments can often best meet the needs of Indian people. In sum, the Federal trust responsibility can often be achieved best by empowering tribes, through legislative authorization and adequate funding to provide services that fulfill the goals of the trust responsibility.

In recent decades, the trust relationship has weathered a difficult period in which Indian tribes and individual Indians have resorted to litigation asserting that the Department had failed to fulfill its trust responsibility, mainly with regard to the management and accounting of tribal trust funds and trust assets. In an historic effort to rebuild the trust relationship with Indian tribes, the Department recently settled numerous "breach of trust" lawsuits. This includes Cabell v. Salazar, one of the largest class action suits filed against the United States, and more than 80 cases involving Indian tribes. Resolution of these cases marks a new chapter in the Department's history and reflects a renewed commitment to moving forward in strengthening the government-to-government relationship with Indian tribes and improving the trust relationship with tribes and individual Indian beneficiaries.

As part of the Cabell Settlement, the Department established a Secretarial Commission on Indian Trust Administration and Reform in 2009 through Secretary's Order No. 3292. The Commission issued its final report in December 2013. The report highlighted the significance of the Federal trust responsibility and made recommendations to the Department on how to further strengthen the commitment to fulfill the Department's trust obligations. The Commission urged a "renewed emphasis on the United States' fiduciary obligation" and asserted that this "could correct some [issues], especially with respect to ensuring that all federal agencies understand their obligations to abide by and enforce trust duties.

" As a response to the Commission's recommendation, this Order hereby sets forth seven guiding principles for honoring the trust responsibility for the benefit of current and future generations.

Sec. 5 Guiding Principles

Pursuant to the long-standing trust relationship between the United States, Indian tribes and individual Indian beneficiaries and in furtherance of the United States' obligation to fulfill the trust responsibility, subject to Section 6 below, all bureaus and offices of the Department are directed to abide by the following guiding principles consistent with all applicable laws. Bureaus and offices shall:

Principle 1: Respect tribal sovereignty and self-determination, which includes the right of Indian tribes to make important decisions about their own best interests.

Principle 2: Ensure to the maximum extent possible that trust and restricted fee lands, trust resources, and treaty and similarly recognized rights are protected.

Principle 3: Be responsive and informative in all communications and interactions with Indian tribes and individual Indian beneficiaries.

Principle 4: Work in partnership with Indian tribes on mutually beneficial projects.

Principle 5: Work with Indian tribes and individual Indian beneficiaries to avoid or resolve conflicts to the maximum extent possible in a manner that accommodates and protects trust and restricted fee lands, trust resources, and treaty and similarly recognized rights.

Principle 6: Work collaboratively and in a timely fashion with Indian tribes and individual Indian beneficiaries when evaluating requests to take affirmative action to protect trust and restricted fee lands, trust resources, and treaty and similarly recognized rights.

Principle 7: When circumstances warrant, seek advice from the Office of the Solicitor to ensure that decisions impacting Indian tribes and/or individual Indian beneficiaries are consistent with the trust responsibility.

Sec. 6 Scope and Limitations

a. This Order is for guidance purposes only and is adopted pursuant to all applicable laws and regulations.

b. This Order does not preempt or modify the Department's statutory mission and authorities, position in litigation, applicable privilege, or any professional responsibility obligations of Department employees.

c. Nothing in this Order shall require additional procedural requirements related to Departmental actions, activities, or policy initiatives.

d. Implementation of this Order shall be subject to the availability of resources and the requirements of the Anti-Deficiency Act.

e. Should any Indian tribe(s) and the Department agree that greater efficiency in the implementation of this Order can be achieved, nothing in this Order shall prevent them from implementing strategies to do so.

f. This Order is intended to enhance the Department's management of the United States' trust responsibility. It is not intended to, and does not, create any right to administrative or judicial review or any legal right or benefit, substantive or procedural, enforceable by a party against the United States, its agencies, or instrumentalities, its officers or employees, or any other person.

Sec. 7 Expiration Date

This Order is effective immediately and will remain in effect until it is incorporated into the Department Manual, or is amended, suspended, or revoked, whichever occurs first.

WASHINGTON – Acting Assistant Secretary – Indian Affairs Lawrence S. Roberts announced today that the Office of Indian Energy and Economic Development (IEED) has awarded business development grants totaling $947,406 to 20 federally recognized tribes and one Alaska Native corporation. The awards from IEED’s Native American Business Development Institute (NABDI) Feasibility Study Program will enable tribal leaders to better evaluate and identify viable economic opportunities for their communities.

“The grants empower American Indian and Alaska Native tribal communities with the ability to make informed decisions about business opportunities they are considering, assess complex economic options they may be facing, and strengthen their self-governance,” Acting Assistant Secretary Roberts said. “This year’s grants will fund studies for diverse projects ranging from farming operations, restaurants, retail facilities, a shopping center and grocery stores to an airpark, a wood pellet manufacturing plant, and an RV park. Funds will also support one tribe’s exploration of commercial uses for lands it received through the Cobell Land Buy-Back Program.”

Grants are awarded on the basis of a proposal’s potential to create jobs for tribal members and stimulate economies in Native American communities. During this year’s NABDI funding cycle, IEED received 66 proposal requests from all 12 Bureau of Indian Affairs regions totaling $4,365,567.

NABDI awards fund feasibility studies that weigh the viability and risks of an economic development project, opportunity, enterprise, or business or the practicality of a technology a tribe may choose to pursue. The studies may be used to determine the likelihood of success for businesses in specific American Indian and Alaska Native communities.

When performed by a reputable third party, an economic development feasibility study also can be used to help persuade lenders and investors to provide financial backing. A study that concludes a project is worthwhile and financially sustainable can often fulfill many of the lender’s or investor’s due diligence requirements by answering questions about a project’s chances of success, resulting in a more rapid loan approval or better loan terms. Feasibility studies can also be used to examine the credibility of a project promoter and claims made regarding a specific project.

One historic example of the impact NABDI funds have had on economic development in tribal communities is a grant made in FY 2008 to the Citizen Potawatomi Nation in Oklahoma to retain a consultant from Harvard University to study the feasibility of building an industrial park and restoring a 66-mile rail line that connects the greater Oklahoma City area with the state’s rural southeastern quarter.

The resulting study was used to obtain $3.5 million in financing to develop a railhead 400-acre industrial park near the town of Shawnee and $1 million for the repair of a railroad bridge. When the project is completed, the tribe will operate four miles of railroad track within the industrial park. The tribal portion of the rail line will be called “Iron Horse.” The park will include an onsite trans-load facility permitting transfer of shipments from train to trucks and direct access to the Union Pacific Line. This will open an east-west connection to four major north-south corridors for regional commerce. Four countries have so far inquired about having foreign companies become tenants of the industrial park. The grant recipients and awards announced today are:

• Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Mont.: $70,000 to study the feasibility of installing a Sprole Irrigation System.
• Bay Mills Indian Community, Mich.: $64,000 to study the feasibility of forming the Great Lakes Composites Institute.
• Bishop Paiute Tribe, Calif.: $18,000 to study the feasibility of developing a fast food restaurant.
• Confederated Tribes of the Grand Ronde Community of Oregon: $35,000 to study the feasibility of developing a grocery store.
• Forest County Potawatomi Community,Wisc.: $30,000 to study the feasibility of building healthy communities through tribal food systems.
• Fort McDermitt Paiute and Shoshone Tribes of the Fort McDermitt Indian Reservation, Nev. and Ore.: $36,000 to study the feasibility of developing a trading post and variety retail store at the Red Mountain Travel Plaza, off of Highway 95, three miles south of the Nevada town of McDermitt.
• Haida Corporation, Alaska: $22,129 to study the feasibility of a rental cabins project.
• Navajo Nation, Ariz., N.M. and Utah: $20,000 to study potential commercial development.
• Nez Perce Tribe, Idaho: $59,250 to study the feasibility of operating a tribal farming business.
• Nulato Village, Alaska: $55,000 to study the feasibility of operating a lumber mill and timber management program.
• Osage Nation, Okla.: $55,000 to study the feasibility of operating an Osage Tulsa Airpark.
• Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation, Calif.: $62,226 to study the feasibility of operating Pauma Farms.
• Poarch Band of Creek Indians, Ala.: $30,000 to study the feasibility of operating a community garden and agricultural expansion program.
• Pueblo of Jemez, N.M.: $75,000 to study the feasibility of developing a wood pellet manufacturing business.
• Pueblo of Laguna, N.M.: $22,000 to study the feasibility of constructing an intermodal facility on tribal land.
• Reno-Sparks Indian Colony, Nev.: $56,517 to study the feasibility of developing a shopping center.
• Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Ariz.: $60,000 to study the potential commercial uses of 58 acres acquired under the Cobell Land Buy-Back Program for Tribal Nations.
• Shoshone-Bannock Tribes of the Fort Hall Reservation, Idaho: $67,862 to study the feasibility of operating a fresh pack plant.
• Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band): $39,960 to study the feasibility of operating a full-service, family style restaurant and tourist center.
• Tonkawa Tribe of Indians of Oklahoma: $38,861 to study the feasibility of developing a recreational vehicle park.
• Winnebago Tribe of Nebraska: $30,000 to study the feasibility of constructing homes insulated with straw bales.

The Assistant Secretary – Indian Affairs oversees the Office of Indian Energy and Economic Development, which implements the Indian Energy Resource Development Program under Title V of the Energy Policy Act of 2005. IEED’s mission is to foster stronger American Indian and Alaska Native (AI/AN) communities by helping federally recognized tribes develop their renewable and nonrenewable energy and mineral resources; increasing access to capital for tribal and individual American Indian- and Alaska Native-owned businesses; assisting tribes in building the legal infrastructure necessary for their economic progress; and enabling tribally and individual AI/AN-owned businesses to take advantage of government and private sector procurement opportunities.

For more information about IEED programs and services, visit the Indian Affairs website at http://www.indianaffairs.gov/WhoWeAre/AS-IA/IEED/index.htm.

"The Bureau of Indian Affairs Office of Justice Services respects the rights of tribes and citizens to express their views in a peaceful and lawful manner. The presence of additional BIA law enforcements officers at Standing Rock was provided at the request of tribal leadership. The responsibility of BIA law enforcement officers is to protect the peace and provide for the safety and well-being of the citizens of the Standing Rock Sioux Tribe and individuals within the territory of the Standing Rock Indian Reservation."

-DOI-

WASHINGTON – The Department of the Interior today announced that purchase offers have been sent to more than 4,000 individual landowners with fractional interests at the Gila River Indian Reservation in Arizona and the Northern Cheyenne Indian Reservation in Montana. These offers, totaling nearly $100 million, will give eligible landowners with interests in tribal priority tracts the opportunity to voluntarily sell their land to be held in trust for each tribe.

With these offers, Interior’s Land Buy-Back Program for Tribal Nations (Buy-Back Program) has sent more than 37,000 purchase offers to owners of fractionated interests. The Program has successfully concluded transactions worth nearly $97 million and has restored the equivalent of almost 265,000 acres of land to tribal governments.

“I continue to be encouraged by the progress we see with the Buy-Back Program, and welcome the ongoing collaboration we have had with many Tribal Nations as we implement this Program across Indian Country,” said Deputy Secretary Michael Connor. “The success of the Buy-Back Program is vitally important. We are working vigorously with tribal staff to make sure that individuals are aware of this historic opportunity to strengthen tribal sovereignty by supporting the consolidation of Indian lands.

” 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 a 10-year period. Individuals who choose to sell their interests will receive payments directly into their IIM accounts. Consolidated interests are immediately restored to tribal trust ownership for uses benefiting the reservation community and tribal members.

There are almost 245,000 owners of nearly 3 million fractional interests, spanning 150 Indian reservations, who are eligible to participate in the 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.

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.

Gila River landowners will have until October 10, 2014, to return accepted offers.

Northern Cheyenne landowners will have until October 17, 2014, to return accepted offers.

Landowners can contact the Trust Beneficiary Call Center at 888-678-6836 with questions about their purchase offers. 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.

Individual participation is voluntary. A decision to sell land for restoration to tribes does not impact a landowner’s eligibility to receive individual settlement payments from the Cobell Settlement, which are being handled by the Garden City Group.

WASHINGTON, DC – Following Secretary of the Interior Sally Jewell’s recent visit with the Confederated Salish and Kootenai Tribes of the Flathead Reservation, Deputy Secretary of the Interior Mike Connor today announced that more than $8.3 million in purchase offers have been mailed to nearly 2,100 individual landowners with fractional interests on that reservation. This mailing will kick off several weeks of additional purchase offers to landowners who own fractional land interests on the Umatilla, Coeur d’Alene, Lake Traverse (homeland of the Sisseton Wahpeton Oyate) and Crow Indian Reservations.

As part of President Obama’s commitment to help restore tribal homelands, the Department’s Land Buy-Back Program for Tribal Nations (Buy-Back Program) has successfully concluded transactions worth almost $103 million, restoring the equivalent of nearly 265,000 acres of land to tribal governments.

“The success of the Buy-Back Program is reflected in our ongoing collaborations with tribal governments and active outreach to individual owners,” said Deputy Secretary Connor. “We know that tribal leaders can best explain the value of reducing fractionated lands and the significant benefit to Indian Country, and we are committed to making sure that individuals are aware of this historic opportunity to strengthen tribal sovereignty by supporting the consolidation of Indian lands.”

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 a 10-year period. Individuals who choose to sell their interests receive payments directly into their Individual Indian Money (IIM) accounts. Consolidated interests are immediately restored to tribal trust ownership for uses benefiting the reservation community and tribal members.

There are almost 245,000 owners of nearly three million fractional interests, spanning 150 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.

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.

Flathead Reservation landowners will have until October 24, 2014 to return accepted offers.

Sales of land interests will also result in up to $60 million in contributions to the Cobell Education Scholarship Fund. This contribution is in addition to the amounts paid to individual sellers, so it will not reduce the amount landowners receive for their interests.

Landowners can contact the Trust Beneficiary Call Center at (888) 678-6836 with questions about their purchase offers. 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.

Individual participation is voluntary. A decision to sell land for restoration to tribes does not impact a landowner’s eligibility to receive individual settlement payments from the Cobell Settlement, which are being handled by the Garden City Group. Inquiries regarding Settlement payments should be directed to (800) 961-6109

WASHINGTON, DC – Deputy Secretary of the Interior Mike Connor today announced that purchase offers have been sent to nearly 1,800 landowners with fractional interests on the Umatilla Indian Reservation in Oregon as part of the Department of the Interior’s commitment to reduce fractionation and strengthen tribal sovereignty through its Land Buy-Back Program for Tribal Nations (Buy-Back Program).

Thus far, the Buy-Back Program has successfully concluded transactions worth more than $115 million and has restored the equivalent of almost 270,000 acres of land to tribal governments.

“We continue to fulfill President Obama’s pledge to help strengthen Native American communities with the ongoing momentum and steady implementation of the Buy-Back Program,” said Deputy Secretary Connor. “We must work together to ensure individuals are aware of this historic opportunity to support the consolidation of tribal lands for the benefit of each tribal community.”

Umatilla landowners will have until October 31, 2014, to return accepted offers.

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 a 10-year period. Individuals who choose to sell their interests receive payments directly into their Individual Indian Money (IIM) accounts. Consolidated interests are immediately restored to tribal trust ownership for uses benefiting the reservation community and tribal members.

There are almost 245,000 owners of nearly three million fractional interests, spanning 150 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.

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.

Offers are also pending for landowners with fractional interests at the following locations:

• Gila River Indian Reservation: October 10, 2014 ·
• Northern Cheyenne Indian Reservation: October 17, 2014 ·
• Flathead Indian Reservation: October 24, 2014

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.

Landowners can contact the Trust Beneficiary Call Center at 888-678-6836 with questions about their purchase offers. 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.

Individual participation is voluntary. A decision to sell land for restoration to tribes does not impact a landowner’s eligibility to receive individual settlement payments from the Cobell Settlement, which are being handled by the Garden City Group. Inquiries regarding Settlement payments should be directed to (800) 961-6109.

WASHINGTON, D.C. – As part of the Obama Administration’s commitment to strengthen the government-to-government relationship with tribal nations and fulfill federal trust obligations, on Friday, September 26, U.S. Secretary of the Interior Sally Jewell, Assistant Secretary for Indian Affairs Kevin Washburn and Acting Assistant Attorney General Sam Hirsch of the Justice Department’s Environment and Natural Resources Division will join Navajo Nation tribal leaders and members to announce a major tribal trust accounting settlement.

The announcement will be made at Window Rock Tribal Park and will include a signing ceremony. Friday’s announcement marks a significant milestone in the Obama Administration’s commitment to resolving tribal trust management lawsuits with Native American tribes.

The Navajo Nation is the largest Native American tribe in the United States, with more than 300,000 members. The Nation has the largest reservation in the United States, encompassing more than 27,000 square miles of land in the states of Arizona, New Mexico, and Utah. The reservation includes more than 14 million acres of trust lands, which are leased for various productive uses, including farming; grazing; oil, gas, and other mineral development; businesses; rights-of-way; timber harvesting; and housing. The Navajo Nation also owns or has ownership interests in over 100 trust accounts.

WHO:	Sally Jewell, U.S. Secretary of the Interior Sam Hirsch, Acting Assistant Attorney General for the Environment and Natural Resources Division, U.S. Department of Justice Kevin Washburn, U.S. Assistant Secretary – Indian Affairs Ben Shelly, President, Executive Branch, Navajo Nation LoRenzo Bates, Speaker Pro Tempore, 22nd Navajo Nation Council Harrison Tsosie, Attorney General, Navajo Nation Lorenzo Curley, Trust Mismanagement Litigation Task Force Chair, Council Delegate 22nd Navajo Nation Council
WHAT:	Press Conference and Signing Ceremony to Announce Major Tribal Trust Accounting Settlement
WHEN:	Friday, September 26, 2014 10 a.m. MDT
WHERE:	Window Rock Tribal Park 100 Parkway Window Rock, Arizona 86515
RSVP:	Credentialed members of the media interested in covering the announcement are encouraged to RSVP HERE by September 25, 2014 at 5 p.m. MST.
NOTE:	This event will be live-streamed at here.

WASHINGTON, D.C. – Attorney General Eric Holder and Secretary of the Interior Sally Jewell today announced the settlement of a lawsuit filed by the Navajo Nation regarding the U.S. government’s management of funds and natural resources that it holds in trust for the Navajo Nation. The settlement resolves a long-standing dispute, with some of the claims dating back more than 50 years, and brings to an end protracted litigation that has burdened both the Navajo Nation and the United States.

Secretary Jewell joined Navajo Nation President Ben Shelly, Assistant Secretary of Indian Affairs Kevin Washburn, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resource Division Sam Hirsch, and numerous tribal officials at a commemorative signing ceremony held in Window Rock, Arizona today.

“This settlement reflects our continuing commitment to upholding the federal trust responsibility to Indian Country and to building strong, prosperous and resilient tribal communities,” said Secretary Jewell. “The historic agreement strengthens the government-to-government relationship between the United States and the Navajo Nation, helps restore a positive working relationship with the Nation’s leaders and empowers Navajo communities. The landmark Cobell settlement and resolution of 80 other tribal trust management lawsuits under President Obama has opened a new chapter in federal trust relations with tribes and individual Indian beneficiaries.”

“This historic agreement resolves a longstanding dispute between the United States and the Navajo Nation, including some claims that have been sources of tension for generations,” said Attorney General Holder. “The Department of Justice has made it a top priority to honor and foster the trust relationship between the United States and American Indian tribes. This landmark resolution ends protracted and burdensome litigation. It will provide important resources to the Navajo Nation. And it fairly and honorably resolves a legal conflict over the accounting and management of tribal resources. This demonstrates the Justice Department’s firm commitment to strengthening our partnerships with tribal nations -- so we can expand cooperation, empower sovereign tribes, and keep moving forward together with mutual respect and shared purpose.”

“This historic settlement demonstrates how President Obama and his administration remain deeply committed to the federal trust relationship and improving the United States’ relationship with the tribes,” said Assistant Secretary Kevin K. Washburn. “The Bureau of Indian Affairs will work even more closely with the Navajo Nation through improved cooperation, consultation and communication to ensure proper management and protection of its trust funds and resources.”

The Navajo Nation is the largest Indian tribe in the United States, with over 300,000 members. The Nation has the largest reservation in the United States, encompassing over 27,000 square miles of land in the states of Arizona, New Mexico and Utah. The reservation includes more than 14 million acres of trust lands, which are leased for various productive uses, including farming; grazing; oil, gas, and other mineral development; businesses; rights-of-way; timber harvesting; and housing. The Navajo Nation also owns or has ownership interests in over 100 trust accounts.

Under the agreement, the United States will pay the Navajo Nation $554 million in settlement of its claims. In return, the Navajo Nation will dismiss its current lawsuit and forego further litigation regarding the United States’ historic management or accounting of Navajo funds or resources held in the trust by the United States. The Navajo Nation and the United States will undertake prospectively information-sharing procedures that will lead to improved communication concerning the management of Navajo’s trust funds and resources, and also the parties will abide by alternative dispute resolution procedures to reduce the likelihood of future litigation.

In addition to the negotiations that led to this historic settlement with the Navajo Nation, the Departments of Justice, the Interior, and the Treasury have been diligently engaged in settlement conversations involving other litigating tribes. On April 11, 2012, the United States announced settlements with 41 tribes for about $1 billion. Since that time, the federal government has focused considerable dedicated effort on the remaining tribal trust accounting and trust mismanagement cases and has been able to resolve “breach of trust” claims, without the need for further extended litigation, of almost 40 additional tribes, for over $1.5 billion.

The United States will continue settlement discussions in numerous other cases that are still pending and is committed to resolving the litigating tribes’ trust accounting and trust mismanagement claims in a manner that is fair and reasonable to the tribes and the United States.

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WASHINGTON, D.C. – The U.S. Department of the Interior today announced that an additional $1 million has been transferred to the Cobell Education Scholarship Fund, bringing the total transferred in 2014 to more than $4.5 million. The Scholarship Fund was authorized by the historic Cobell Settlement and is 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 education and training.

“The scholarships awarded through this fund will give Native American students the opportunity to pursue their educational dreams so that they can become full-fledged participants in charting the future course of Indian Country positively impact tribal communities, as students gain valuable skills, technical abilities and professional expertise which can strengthen institutional development and spur social and economic progress across Indian Country,” said Interior Solicitor Hilary Tompkins, who played a key role in establishing the scholarship program. “This investment in our next generation of tribal leaders will be a lasting, living legacy for Indian nations.”

The Scholarship Fund is administered by the American Indian College Fund in Denver, Colorado, with 20 percent directed to the American Indian Graduate Center in Albuquerque, New Mexico. A five-member Board of Trustees oversees and supervises the activities of the fund administrator. More information about the Cobell Education Scholarship Program can be found at the American Indian College Fund website.

Interior makes quarterly transfers, up to $60 million total, from Buy-Back Program sales to the Scholarship Fund based on a formula that sets aside a certain amount of funding depending on the value of the fractionated interest sold. These contributions do not reduce the amount that an owner will receive for voluntarily consolidating their interests.

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 tribal members and their community.

To date, the Buy-Back Program has successfully concluded transactions worth nearly $142 million and has restored the equivalent of more than 278,000 acres of land to tribal ownership.

Offers are currently pending at a number of locations with deadlines approaching soon. Landowners can contact the Trust Beneficiary Call Center at 888-678-6836 with questions about their purchase offers. 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.

Individual participation is voluntary. The process for selling fractionated interests is separate from individual settlement payments from the Cobell Settlement, which are being handled by the Garden City Group. Inquiries regarding Settlement payments should be directed to 800-961- 6109.