OPA

WASHINGTON, D.C. – As part of President Obama’s commitment to help American Indian leaders strengthen self-sufficiency and self-determination, U.S. Department of Interior officials will remove liens placed on thousands of acres of tribal lands acquired under the Indian Land Consolidation Act (ILCA) program and return the revenues generated by these liens to tribal communities to use for reacquiring tribal homelands. The announcement was made today by U.S. Deputy Secretary of the Interior Michael Connor, Principal Deputy Assistant Secretary Lawrence S. Roberts, who leads the Office of the Assistant Secretary - Indian Affairs, and Michael S. Black, Senior Advisor to the BIA Director.

Because the ILCA land acquisition program is no longer in operation, the waiver of the liens ensures that the economic productivity of those restored tribal lands directly benefits the Tribes. The return of more than $14 million existing lien proceeds will be used by the 20 Tribal nations who participated in the ILCA acquisition program to purchase lands from willing sellers within their reservations to further consolidate tribal homelands.

“Our action today is a result of our engagement and meaningful consultation with Tribal leadership, respecting their judgment that waiver of ILCA liens and return of lien proceeds will spur economic development within their territories and enable them to restore tribal homelands,” said Deputy Secretary Connor. “Our trust and treaty responsibilities include ensuring that federal programs are tailored to work effectively and efficiently for Indian country. Tribal nations spoke clearly about the benefits of waiving ILCA liens and their effective and efficient ability to reacquire tribal homelands from willing sellers.”

On the lien waiver and return of lien proceeds, Principal Deputy Assistant Secretary Roberts said, “Tribal nations have repeatedly proven that if an Administration works with them, tribal solutions can ameliorate the impacts of now repudiated policies that sought to end tribal culture and communities. Our action today is another example of Tribes determining what is best for their communities.”

“By releasing the outstanding liens and returning lien proceeds, we are supporting the Tribes in determining the best use of their lands, and continuing opportunities for economic development, housing, and restoring tribal homelands,” BIA's Senior Advisor Black said.

Congress enacted the ILCA land acquisition program in 2000, authorizing the Interior Secretary to acquire fractional interests in trust or restricted lands and require the Secretary to place a lien on those lands to recoup the purchase price. Since the program was established, more than 427,313 fractional land interests were restored to the 20 participating tribes.

In 2009, the Administration settled Cobell v. Salazar and in 2010, Congress enacted legislation approving the settlement. The settlement and legislation established Land Buy-Back Program acquiring trust and restricted interests from willing sellers and transferring those interests to Tribes.

While Congress intended the ILCA acquisition initiative to be on-going and self-sustaining, the program was unable to sustain itself because many of the lands with liens generated little or no income. The proceeds generated from lands acquired for a particular tribe were used to acquire more lands for that tribe. Further, the program liens reduced the ability of tribes to obtain financing to promote economic development on those lands. The program ceased operations in 2014 because it lacked funding and the Cobell Land Buy-Back Program was implemented.

Several tribes approached Department officials to request a waiver of the ILCA liens and to determine how to dispose of the proceeds collected from the liens. In 2016, the Department consulted with Tribes on whether to waive the liens established through the ILCA program and return any existing ILCA program funds to the Tribes to be used for land acquisition. Tribal leaders supported the waiver of ILCA liens and the return of any ILCA funds remaining in tribal accounts. Waiver of liens will enable tribes to fully utilize those tribal lands and to devote future income from such lands to advance the health and welfare of tribal communities.

The Department has notified Congress of the Secretary’s decision to waive the liens and transfer the proceeds remaining in the ILCA Acquisition Fund to the appropriate tribe via their trust account for their use and benefit.

Fractionation of American Indian lands was caused by the now repudiated 19th century policy of breaking up tribal homelands into individual allotments or tracts and then the division of ownership among more and more owners after the death of the original owner or allottee. Fractionation has grown exponentially over generations. As a result, many allotted tracts now have hundreds or even thousands of individual owners.

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ANCHORAGE – U.S. Department of the Interior Deputy Secretary Michael L. Connor today signed an agreement with officials from the Ahtna Intertribal Resources Commission (AITRC) which coordinates natural resource management issues for the eight federally recognized tribes in the Ahtna region to create a cooperative wildlife management demonstration project on federal and Ahtna Corporation lands in Southcentral Alaska.

The Memorandum of Agreement with the Commission will foster a greater role for the Ahtna people in managing subsistence moose and caribou hunting for tribal members under the Federal Subsistence Management Program.

“As Alaska’s population has grown, the Ahtna people have borne the brunt of increasing hunting pressure on their traditional lands because these areas are fairly accessible to much of the Railbelt region, home to 70 percent of Alaska’s population,” said Deputy Secretary Connor. “This agreement is an effort to help preserve their traditional way of life, put food on the table and improve wildlife habitat and populations for everyone.”

Recognizing the importance of traditional ecological knowledge and cultural practices, the agreement commits Interior to begin a process under the Federal Subsistence Board to allow the Ahtna Commission to administer caribou and moose hunts for tribal members under the Federal Subsistence Management Program. The Federal Subsistence Board would establish broad parameters for the initiative, which also would sanction joint work on wildlife management and habitat issues across federal and Ahtna lands. The Ahtna Corporation’s traditional region encompasses more than 1.5 million acres from Cantwell to Chitina.

“The DOI and AITRC share mutual concern for conservation of healthy wildlife populations and their habitats, as well as ensuring sustainable and sufficient harvests for customary and traditional subsistence uses. The ability of our people to pass down traditional knowledge and customary practices from generation to generation has allowed us to thrive for thousands of years. We are very thankful for the work of Secretary Jewell and Deputy Secretary Connor and their staff to make sure our traditional ecological knowledge and customary and traditional management practices are heard and represented,” said AITRC Board Chair Christopher Gene.

Rural Alaskans in the Ahtna region who are not tribal members will continue to hunt on federal lands under the Federal Subsistence Management Program as before and will not be affected by the agreement. Federal lands in the Ahtna region include portions of Denali National Park and Preserve, Wrangell St. Elias National Park and Preserve, Tetlin National Wildlife Refuge, and scatted Bureau of Land Management lands around the Richardson and Denali Highways.

The Ahtna Cooperative Management Demonstration Project is the first cooperative agreement established nationwide under Department of the Interior’s Secretarial Order No. 3342, which Interior Secretary Sally Jewell announced last month at the annual Alaska Federation of Natives conference. The Secretarial Order encourages federal land managers to involve Native Americans in the management of fish and wildlife resources on federal lands that are part of their traditional lands.

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TO: Indian Country Reporters
FROM: U.S. Dept. of the Interior Communications Office
DATE: December 2016
RE: U.S. Department of the Interior Tribal Nations Accomplishments

Today, U.S. Secretary of the Interior Sally Jewell will begin a nationwide tour to highlight the progress the nation has made over the last eight years on public lands, waters and wildlife management and restoring nation-to-nation relationships with Native Americans.

As part of President Obama’s commitment to strengthening Indian Country, Secretary Jewell will visit the Acoma Pueblo, west of Albuquerque, today, to highlight Administration efforts to strengthen tribal nations. She will be joined by the newly-appointed Bureau of Indian Affairs Director Bruce Loudermilk and Bureau of Indian Education (BIE) Director Tony Dearman.

From the beginning, President Obama has made it a top priority to help bring real and lasting change to Indian Country and to open a new chapter with First Americans. In close consultation with Native Americans and Alaska Natives, the Obama Administration is delivering on its promise to restore the integrity of the nation-to-nation relationship with Indian Country.

The Interior Department has played a leading role in empowering tribal nations, with self-governance and self-determination serving as the foundation for every effort. Over the past (nearly) eight years, the Interior Department has accelerated the restoration of tribal homelands, improved public safety in tribal communities, resolved century-old water disputes, made critical investments in education, and reached many more milestones that are helping tribal nations pursue a future of their choosing.

Secretary Jewell, as the first Chair of the White House Council on Native American Affairs, has helped ensure that the federal family has regular and meaningful engagement on the key issues that impact Indian Country. In her nearly four years in office, Jewell has visited more than 40 tribes across the country.

For background and reporting purposes, here’s a snapshot of the Interior Department’s work in Indian Country:

Advancing Self-Determination and Self-Governance

• Developed a tribal consultation policy for the Department of the Interior, emphasizing trust, respect and a shared responsibility in providing tribal governments an expanded role in informing federal policy that impacts Indian Country
• Engaged in meaningful consultation with tribal leaders through the first-ever White House Tribal Nations Conferences
  • The Interior Department helped host the annual conference, an opportunity for leaders from the 567 federally recognized tribes to interact directly with the President and high-level federal government officials
• Chaired the White House Council on Native American Affairs, established in 2013 by President Obama
  • Under Secretary Jewell’s leadership, and in consideration of tribal feedback, the Council created five interagency subgroups in the areas of: economic development and infrastructure; education; energy; environment and climate change; and health
  • The Council facilitates engagement with tribes, recently inviting the President of the National Congress of American Indians to address the Council to begin more direct engagement with tribal leaders
• Forged an agenda of reconciliation and empowerment for Indian Country, seeking to end decades of litigation and long-standing disputes through fair trust settlements
  • The Administration has settled a record number of lawsuits or claims related to mismanagement of monetary assets and natural resources held in trust, some of the claims dating back more than 50 years
  • In Ramah Navajo Chapter v. Jewell, for example, the Department of Justice and Interior reached a $940 million proposed settlement agreement with tribes and tribal organizations to resolve a 25-year-old legal dispute related to contract support costs.
• Reached an historic $3.4 billion settlement in Cobell v. Salazar - the largest class action lawsuit in American history - to settle decades of tribal trust mismanagement throughout Indian Country
  • Established the National Commission on Indian Trust Administration and Reform to undertake a forward-looking, comprehensive evaluation of Interior's trust management of nearly $4 billion in Native American trust funds
  • Created the Land Buy-Back Program for Tribal Nations to consolidate fractional land interests across Indian Country and unlock economic development
    • Since it began making offers in December 2013, the Program has paid more than $900 million to individual landowners and restored the equivalent of more than 1.7 million acres of land to tribal governments
    • As a result, tribes have been able to advance important projects:
      • Community water supply plant (Crow Tribe)
      •  Housing and economic development (Oglala Sioux Tribe of the Pine Ridge Reservation)
      • Cultural renewal and burial ground expansion (Confederated Tribes of the Umatilla Indian Reservation)
  • Formed the Indian Education Scholarship Fund which has provided $4.5 million for higher learning opportunities for Native youth
  • Reenergized a commitment to meeting the critical water needs of Native American communities
    • Finalized six landmark water rights settlements that will help deliver clean running water and fair water allocations to Native American communities - many for the first time. The permanent water supply will vastly improve quality of life and offer greater economic security
    • Two additional water rights settlements and another amendment to implement a previously enacted settlement is currently pending in Congress; all of which the Administration supports
• Announced a policy to identify and encourage opportunities for cooperative management of public lands and waters that have a nexus to historic tribal lands and instituting the first actual agreement with the AHTNA Intertribal Resource Commission to create a cooperative wildlife management demonstration project.
• For the first time ever, formalized a path forward by which the Native Hawaiian community could seek a government-to-government relationship with the United States
• Reformed broken federal recognition process to establish a more transparent, timely and consistent process by which the Interior Department may formally recognize Indian tribes

Restoring Tribal Homelands

• Broke the logjam on trust land applications to restore tribal homelands and strengthen tribal economies
  • Since 2009, the Bureau of Indian Affairs (BIA) has processed thousands of trust applications and restored more than 542,000 acres of land into trust, exceeding the goal of reaching 500,000 acres by the end of the current administration
• Finalized a rule to allow the Interior Department to accept land into trust for federally recognized Alaska tribes, thereby advancing tribal sovereignty and closing a long-standing gap that had not extended this eligibility to Alaska Natives
• Provided tribes greater control over their homelands by overhauling antiquated leasing regulations
  • Streamlined surface leasing regulations for Indian lands that had bottlenecked applications to build homes, businesses and wind and solar projects
  • Provided tribes the authority to approve and manage leases on their trust lands without BIA approval, through the Helping Expedite and Advance Responsible Tribal Homeownership Act of 2012 (HEARTH Act) and its voluntary, alternative land leasing process
  • Expanded leasing provisions to give Indian landowners greater control to obtain BIA grants of rights-of-way on Indian land, including for roads, power lines, or water lines

Empowering Native Youth

• Worked collaboratively, as part of the Obama Administration’s Generation Indigenous (Gen-I) initiative, to remove barriers between Native youth and opportunities to succeed
  • Spearheaded the Tiwahe Initiative, designed to promote the stability and security of Native American families by addressing interrelated issues associated with child welfare, poverty, domestic violence, substance abuse and incarceration
• Finalized rule to implement the Indian Child Welfare Act (ICWA) to protect the rights of Indian children, their parents and their tribes in state child welfare proceedings
• Made steady progress toward improving the delivery of education to Indian children
  • Obtained funding to rebuild and improve Bureau of Indian Education (BIE) schools in the most dilapidated conditions; identified new priority schools that are eligible for funding for campus-wide replacement
  • Instituted a transformation of the BIE, with the goal of supporting tribal control of student education and turning BIE from a direct operator of schools into a support system for student achievement and administrative success.

WASHINGTON – U.S. Secretary of the Interior Sally Jewell, Deputy Secretary Mike Connor and other senior Interior Administration officials will embark on a two-week nationwide tour to highlight progress the nation has made during the last eight years to: protect our nation’s lands, waters and wildlife; restore the nation-to-nation relationship with Native Americans and Alaska Natives; engage the next generation; and invest in sound science to inform decisions related to energy development, conservation and our changing climate.

Thursday, December 8
Strengthening Tribal Nations (New Mexico and Washington State)

In her final visit to Indian Country, Secretary Jewell will join newly appointed Bureau of Indian Affairs Director Bruce Loudermilk and Bureau of Indian Education (BIE) Director Tony Dearman at the Acoma Pueblo in New Mexico. Loudermilk and Dearman are career civil servants that will help carry on the Obama Administration’s commitment to restore tribal homelands and improve outcomes for Native youth.

Secretary Jewell will tour the Pueblo where the Obama Administration recently restored more than 59,000 acres of land into trust for the benefit of the tribe. She will also talk to students and teachers at the Pueblo’s Sky City School that is transitioning from a BIE-operated school to one that is controlled by the Tribe.

Also on Thursday, Deputy Secretary Connor will visit the Swinomish Indian Tribal Community in Washington where he will make an announcement related to tribal self-determination and economic development.

Friday, December 9
Protecting America’s Natural and Cultural Heritage (Las Cruces, New Mexico)

Secretary Jewell will join community members to celebrate the Organ Mountains-Desert Peaks National Monument, designated by President Obama in 2014 as part of the Bureau of Land Management’s National Conservation Lands. President Obama has protected more lands and waters than any President in history.

Secretary Jewell and Las Cruces Green Chamber of Commerce CEO/President Carrie Hamblen will host a roundtable with business and community leaders to discuss the economic benefits that healthy and protected public lands provide to local communities, as well as the ongoing work to expand access to the outdoors for diverse communities.

Tuesday, December 13
Building a Sustainable Energy Future

Secretary Jewell will announce new steps to support renewable energy, both on public lands and offshore waters. Over the past eight years, Interior has established an enduring renewable energy program and permitted 60 wind, solar and geothermal projects that, when built, could power five million American homes.

Wednesday, December 14
Taking Action on Climate Change (San Francisco, CA)

Secretary Jewell will deliver keynote remarks at the American Geophysical Union’s Fall Meeting in San Francisco. Secretary Jewell will discuss the critical role that science has played in the President’s historic Climate Action Plan and offer thoughts on continued need for transparent, independent and sound science to guide policy in the next administration.

Ensuring Healthy Watersheds (Las Vegas, NV)

Secretary Jewell and Deputy Secretary Connor will attend the annual Colorado River Water Users Association Conference in Las Vegas, Nevada where they will discuss how Interior is meeting the water challenges of our time by pursuing new, creative ideas and solutions that address the effects of climate change on water resources, improve drought resiliency and long-term water management strategies, and help to ensure stable and secure water supplies for future generations. Secretary Jewell will make an important announcement regarding Glen Canyon Dam.

Thursday, December 15
Engaging the Next Generation (Austin, TX)

Secretary Jewell will make a major announcement in Austin related to the Interior Department’s efforts to inspire millions of kids to play, learn, serve and work outdoors. Through investing in opportunities to get young people outside, Interior is bridging the growing disconnect between kids and nature and engaging the next generation to be stewards of our land, water and wildlife.

Additional logistical details will be provided in the coming days.

The U.S. Department of Health and Human Services’ Indian Health Service (IHS) and the U.S. Department of the Interior’s Bureau of Indian Affairs (BIA) and Bureau of Indian Education (BIE) entered into an Interagency Agreement today that will increase access to mental and behavioral health services for students attending BIE schools and youth detained in BIA Office of Justice Services (OJS) facilities.

“The Indian Health Service is dedicated to addressing behavioral health issues across Indian Country with a special focus on Native youth,” said IHS Principal Deputy Director Mary L. Smith. “This Agreement is another major step we have taken to increase access to quality health care in tribal communities. This is a great partnership and key to caring for our Native youth.”

“In keeping with President Obama’s Generation Indigenous initiative to improve opportunities for Native youth and the BIA’s Tiwahe initiative to strengthen Native families, this interagency agreement will enable the BIA and BIE to work collaboratively with IHS to bring much-needed behavioral health resources to Native youth,” said Lawrence S. “Larry” Roberts, Principal Deputy Assistant Secretary for Indian Affairs in the U.S. Department of the Interior. “I want to thank IHS for working with us to bring these resources to our educational and juvenile detention facilities. The services will be of immense help to our students and youth detainees and their families.”

The Agreements allows each agency to establish local partnerships through Memoranda of Agreement (MOA) between IHS federally operated mental health programs, BIE-operated elementary and secondary schools and BIA OJS-operated juvenile detention centers to provide mental health assessment and counseling services, which includes telebehavioral health services. In the first year of this agreement, more than 25 schools could access these services.

Under this 10-year Agreement, behavioral health services will be offered at BIE schools and OJS facilities. Tribes, tribally controlled schools or detention facilities may enter into a MOA with the three agencies for these services; however, tribal participation is completely voluntary.

A similar partnership already exists with the Oglala Sioux Tribe. Since November 2015, nine schools and one detention center on the Pine Ridge Reservation initiated agreements for behavioral health services. This Agreement builds on the other interagency efforts between IHS and BIA, including a December 2015 partnership to equip BIA law enforcement officers with naloxone for responding to drug overdoses in tribal communities.

Launched by President Obama in December 2014, Generation Indigenous, also known as Gen-I, is a Native youth initiative focused on removing the barriers that stand between Native youth and their opportunities to succeed. This initiative takes a comprehensive, culturally appropriate approach to help improve the lives and opportunities for Native youth. Earlier this year, IHS announced more than $7 million in Generation Indigenous behavioral health funding for Tribes, Tribal organizations and other programs.

About the BIA and BIE:

The Principal Deputy Assistant Secretary – Indian Affairs oversees the Bureau of Indian Affairs, which is headed by a director 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.

The PDAS also oversees the Bureau of Indian Education, whose director implements federal Indian education programs and funding for 183 elementary and secondary day and boarding schools (of which two-thirds are tribally operated) on 64 reservations in 23 states, as well as peripheral dormitories, serving over 40,000 students. The BIE also operates two post-secondary institutions of higher learning, administers grants for 28 tribally controlled colleges and universities and two tribal technical colleges, and provides higher education scholarships for Native youth. For information about BIA programs, visit www.indianaffairs.gov. For information about BIE programs, visit www.bie.edu.

About the Indian Health Service:

The IHS, an agency in the U.S. Department of Health and Human Services, provides a comprehensive health service delivery system for approximately 2.2 million American Indians and Alaska Natives. For more information, visit http://www.ihs.gov. Follow IHS on Facebook.

WASHINGTON – As part of President Obama’s commitment to work with tribal leaders to promote tribal self-determination and economic development, the Department of the Interior is seeking guidance from Native American communities on a proposal to streamline and modernize regulations that govern business operations on tribal homelands.

During a visit to the Swinomish Tribe, Deputy Secretary of the Interior Michael L. Connor today announced the publication of an Advanced Notice of Proposed Rulemaking (Advanced Notice) to comprehensively update the regulations governing trade occurring within Indian Country.

“Modernizing the Indian Trader Regulations will help to promote self-determination and economic development for Tribes across the country,” said Deputy Secretary Connor. “The regulations governing Indian Traders are long outdated and do not reflect or respect current business practices occurring in Indian Country.”

The proposed revisions seek to modernize the implementation of the Indian Trader statutes to meet the needs of 21st century tribal economies. In accordance with the United States’ Nation-to-Nation relationship with sovereign Tribes, Interior will hold formal tribal consultations with tribal representatives, seeking early input and guidance.

“Our Nation-to-Nation relationship, our treaty and trust responsibilities and our North star of Tribal Self-Determination and Self-Governance guide our obligation to consult early and often with Tribes as we consider policies that have tribal implications,” Principal Deputy Assistant Secretary of Indian Affairs Lawrence Roberts said. “We encourage Tribes to participate in this rulemaking process to ensure that the path forward is the result of tribal input.”

The last revision to the regulations was more than 30 years ago. The Department has received several proposals and inquiries from Tribes and Tribal organizations about updating Part 140 to further tribal self-determination and self-governance. In response to these requests, the Department issued the Advanced Notice to seek guidance from Tribes on how to ensure that businesses in Indian Country are appropriately regulated, how that regulation should be implemented, and the role of Tribes in implementing the statute.

The Department recognizes that Tribes fully regulate businesses operating within their boundaries. In this spirit, the Department is also interested in learning how tribes currently regulate trade occurring within Indian Country, as any revisions the Department proposes would support such tribal regulation and self-determination. Further, the Department seeks information on how revisions to this regulation would promote strong tribal economies.

A full list of the questions presented is located in the Advanced Notice, as well as the list of the dates of the upcoming tribal consultations. Interior officials are particularly interested in hearing from federally recognized tribes and welcome comments and information from states, their agencies and the public. The period to submit written comments is open until April 10, 2017.

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WASHINGTON – Principal Deputy Assistant Secretary – Indian Affairs Lawrence S. Roberts today announced final, updated Bureau of Indian Affairs (BIA) guidelines for implementing the Indian Child Welfare Act of 1978 (ICWA) that will better protect the rights of Indian children, their parents and their tribes in state child welfare proceedings.

The guidelines explain the ICWA statute and regulations while also providing examples of best practices for its implementation, the goal of which is to encourage greater uniformity in the application of ICWA measures.

“The BIA’s updated Indian Child Welfare Act guidelines are the capstone of the Obama Administration’s efforts to support the stability and security of Indian families and tribes by providing a more consistent interpretation of ICWA, regardless of the child welfare worker, judge or state involved,” Roberts said. “I want to thank tribal leaders, the Indian child welfare community, and our state and federal partners for their valuable input and assistance with updating the guidelines. The guidelines themselves will help with ensuring the rights of Indian children and their families under ICWA, and in strengthening the cohesiveness of tribal communities everywhere.”

The BIA first published its ICWA guidelines in 1979, shortly after the law’s passage. While the Department updated the guidelines in 2015, it updated them further to complement its recently finalized regulations which became effective on December 12, 2016.

Congress enacted IWCA to address the separation of Indian children from their families at a disproportionately high rate, as a result of state agency policies and practices that placed the children in non-Indian foster and adoptive homes.

Based on 2013 data, Native children nationwide are represented in state foster care at a rate 2.5 times greater than their presence in the general population. In some states, Native American children are represented in state foster-care systems at rates as high as 14.8 times their presence in the general population of that state.

Since ICWA’s enactment, state courts and state agencies have sometimes differed in their interpretations of the law and been inconsistent in their implementation of it. To address this problem, the updated guidelines provide information for them to consider in carrying out the Act’s and final rule’s requirements, often drawing upon approaches states have already used.

In developing these guidelines, the Office of the Assistant Secretary – Indian Affairs worked closely with the Children’s Bureau of the Administration for Children and Families in the U.S. Department of Health and Human Services and with the U.S. Department of Justice to produce a document that reflected the expertise of all three agencies. Its development was also informed by public hearings, tribal consultations, and more than 2,100 written comments on the March 2015 proposed rule, as well as input received during training conducted on the final rule from July 2016 to November.

To view the updated guidelines, visit the Indian Affairs web site at: http://www.indianaffairs.gov/WhoWeAre/BIA/OIS/HumanServices/IndianChildWelfareAct/index.htm.

The Assistant Secretary – Indian Affairs oversees the Bureau of Indian Affairs, 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 Indian Services’ Division of Human Services administers the BIA’s ICWA regulations at 25 CFR Part 23 and the guidelines. For more information, visit http://www.indianaffairs.gov/WhoWeAre/BIA/OIS/HumanServices/IndianChildWelfareAct/index.htm.

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WASHINGTON - Principal Deputy Assistant Secretary – Indian Affairs Lawrence S. Roberts, who leads the Office of the Assistant Secretary – Indian Affairs, today announced the Department’s decision to place a 1.08-acre land parcel owned by the Craig Tribal Association, a federally recognized tribe headquartered in the City of Craig, Alaska, into federal Indian trust status. The decision is the first under the Department’s revised rule for taking tribal land into trust in Alaska.

“The journey to this decision has been a long one. Today, the federally recognized tribes in Alaska have the same opportunity as those in the Lower 48 states to maintain a permanent homeland for themselves,” Roberts said. “The decision to place the Craig Tribal Association’s land into trust reflects the policies of tribal self-determination and self-governance through the restoration of tribal homelands that will benefit its current and future generations of tribal members. I congratulate the Craig Tribal Association leadership on their achievement. I also commend the State of Alaska and the City of Craig for their comments on the land-into-trust application. Their approach, much like other state and local governments, is another important example of tribes, states and local governments working together in a government-to-government relationship to address concerns so that they may better serves their collective communities.”

Congress amended the Indian Reorganization Act (IRA) in 1936 so that, among other things, tribes in Alaska would be treated similarly to tribes in the Lower 48 states. For decades afterward, the Department accepted lands into trust for a few Alaska tribes. However, in 1980 the Department changed course and did not allow Alaska tribes to submit applications – a regulatory prohibition that became known as the “Alaska exception” to the Department’s land-into-trust regulations. That misguided approach was corrected under the Obama Administration with the promulgation of a revised rule that removed the Alaska exception.

“The elimination of the ‘Alaska exception’ to the Bureau of Indian Affairs’ land-into-trust regulations has rectified an error that has for far too long treated Alaska tribes differently in the restoration of tribal homelands,” said BIA Director Weldon “Bruce” Loudermilk. “I want to thank the Office of Trust Services staff in the BIA’s Alaska Regional Office and the staff across the Department for their hard work on this complex matter. I also want to add my congratulations to the Craig Tribal Association leaders on the restoration of a small part of their homeland.”

Craig Tribal Association is organized under the IRA with a constitution and by-laws approved by the Secretary of the Interior on July 13, 1938 and ratified by its members on October 8, 1938. The Association is included on the Federal Register notice of Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs, the official list of all federally recognized tribes published annually by the BIA.

Craig Tribal Association members and their ancestors, who are primarily Tlingit Shangukeidi and Haida Kaigani, have utilized the areas in and around what is now the City of Craig as their traditional homeland since time immemorial. Craig, or Shaanseet as it is known by the tribe, was historically a seasonal herring roe and fish camp site for the Tlingit Shangukeidi and Haida Kaigani. In 1908, a cannery and cold storage facility was established in present day Craig with help from the local Haida people.

After purchasing the property from an individual landowner in 1996, the Association began development and construction of its community building. Prior to the tribe’s ownership, the property was undeveloped forested land with no permanent structures. It now uses the property for government offices, and leases space that generates funds to support tribal services.

Although the property can still be used by the tribe for its government offices, community service programs, and other tribal needs, the land-into-trust decision does not make the parcel eligible for gaming under federal law. And, while providing the community with another partner in the form of the BIA to promote safety and law enforcement, the land’s new status does not in any way impact the State of Alaska’s law enforcement authority under Public Law 280. The decision also does not impact valid existing rights-of-way or easements on the property, nor does it impact the subsurface mineral owner’s rights.

The Secretary of the Interior is authorized by the IRA to acquire land into trust for federally recognized American Indian and Alaska Native tribes. Lands held in federal Indian trust status, which cannot be sold, alienated or transferred to non-Indians or non-Natives, benefit their tribal owners who are eligible for federal program assistance for business development, housing, and environmental and cultural protection. Typical uses of trust land include governmental operations, cultural activities, agricultural/forestry projects, housing, economic development, social and community services, and health care and educational facilities.

The Obama Administration is committed to the restoration of tribal homelands. When Secretary Jewell took office, she set a goal to restore at least 500,000 acres of land into trust for tribes by the end of the Administration. As of today, Indian Affairs has processed more than 2,265 individual trust applications and restored more than 570,799 acres of land into trust since 2009.

The Principal Deputy Assistant Secretary – Indian Affairs oversees the BIA, whose 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. The Bureau carries out its responsibilities in the management of federal Indian trust lands, which includes the land-into-trust process, through the Office of Trust Services.

WASHINGTON – Principal Deputy Assistant Secretary – Indian Affairs Lawrence S. Roberts today issued an updated Contract Support Costs (CSC) Policy for the Indian Affairs Manual (IAM). The updated Policy reflects extensive tribal consultation and the work of the Bureau of Indian Affairs’ (BIA) CSC Workgroup, which is comprised of tribal and federal experts.

The updated Policy provides for the full payment of CSC and helps ensure that the payment of CSC is accurate, timely, and meets 100 percent of a tribe’s CSC need as calculated under the Policy. The Policy also simplifies and streamlines CSC calculation to expedite payment.

“The updated Contract Support Costs Policy was driven by our strong commitment to tribal self-determination and self-governance,” Roberts said. “The Policy will ensure that tribes contracting or compacting to administer Indian Affairs programs and services receive the amount of CSC that the Indian Self-Determination and Education Assistance Act requires. “I want to thank the tribal representatives and federal staff of the CSC Workgroup for their multi-year effort to collaboratively draft the Policy, review tribal comments on the Policy, and incorporate tribal input in the final version of the updated Policy.”

This is the first update to the CSC Policy since it was initially issued in May of 2006. The Supreme Court’s decision in Salazar v. Ramah Navajo Chapter and the Administration’s commitment to fully fund CSC necessitated significant revisions. The update repeals the 2006 approach of equitable distribution of insufficient CSC funds to reflect the modern approach of fully funding CSC.

Many of the key components of the updated policy involve the calculation and payment of CSC. After hearing from tribal leaders about the burdens of increased employee health insurance premiums, increased facilities support costs, and additional administrative expenses, direct CSC will now be calculated as 18 percent of tribal budgeted salary costs, not including fringe, of section 106(a)(1) programs. In addition, the policy provides a simplified method for calculating indirect CSC for smaller tribes that do not meet the single-audit threshold for funding and do not have an approved IDC rate that is four or fewer years old. These provisions will provide administrative and financial relief to tribes that will ensure they are not forced to use program funding to cover administrative costs.

Incorporating the updated policy into the Indian Affairs Manual respects tribal requests to provide clear policy. To view the updated CSC Policy, along with other parts of the Indian Affairs Manual, visit the Indian Affairs website at: https://www.indianaffairs.gov/WhatWeDo/Knowledge/Directives/IAM/index.htm.

The Principal Deputy Assistant Secretary – Indian Affairs oversees the BIA which directly administers or funds tribally based infrastructure, economic and workforce 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.

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WASHINGTON – Acting Assistant Secretary – Indian Affairs Michael S. Black announced today that the Department of the Interior has scheduled a series of tribal consultation sessions beginning February 23, 2017, on updating the Licensed Indian Trader regulations at 25 C.F.R. Part 140. The Department is taking this action in an effort to modernize implementation of the Indian Trader statutes consistent with federal policies of tribal self-determination and self-governance.

“The Interior Department’s Indian Trader regulations need updating to reflect the present day realities of commerce and business development on tribal lands,” Black said. “I strongly encourage tribal government and business leaders to give us their feedback on ways in which these regulations can be improved to better reflect their business environments and the Nation-to-Nation relationship.”

The Department is asking for public comments on whether and how it should update the regulations, including how they might be updated to govern who trades on Indian lands and how they can better promote tribal self-determination regarding trade on Indian lands. The regulations were first published in 1957, revised in 1965, and modified in 1984.

On December 9, 2016, the Department published in the Federal Register an Advance Notice of Proposed Rulemaking (ANPRM) stating that it is considering whether to propose an administrative rule that would comprehensively update the Indian Trader regulations. The Department is seeking comments on questions that were listed in the December 9 notice.

On February 8, 2017, the Department published in the Federal Register a notice with complete information on the dates, times and locations for the eight tribal consultation sessions to be held.

The Department is seeking comments from tribes, states and their agencies, and the public. Comments must be submitted on or before April 10, 2017.

For more details on the ANPRM and how to submit comments, see the December 9 Federal Register notice. For the complete schedule of tribal consultation sessions, visit the Indian Affairs Office of Regulatory Affairs & Collaborative Action webpage here.