OPA

Procedures for updating the membership renewal of the Menominee Indian Tribe were published in the Federal Register of October 17th, 1974 the Department of the Interior announced today.

Commissioner of Indian Affairs Morris Thompson said that “the Menominee tribal membership roll has been closed since June 17, 1954, when legislation was passed to terminate the tribe’s special relationship with the Federal Government. The restoration of this relationship by Public Law 93-197, passed December 22, 1973, requires the updating of the roll.”

Following a 30-day review period, final regulations governing the enrollment process will be published. The Bureau will then contract with Menominee Restoration Committee, the interim governing body for the tribe, to conduct the enrollment in accordance with the regulations.

The new roll will include members of the tribe listed on the 1954 roll and still living on December 22, 1973 and descendants of 1954 enrollees, born after midnight of June 17 of that year, who possess at least on quarter degree Menominee Indian blood. These latter must file an application for enrollment in accordance with the procedures set forth in the published regulations.

The termination of the Menominees, finally effected in 1961, was a disaster for the tribe and its people. It meant the withdrawal of education, health, and welfare services provided by the Federal Government through the Bureau of Indian Affairs. It also ended the trust status of the reservation land and the lumber mill which was the tribe’s main industry. In less than seven years after termination, the tribe, which had been one of the more economically successful, was on the verge of bankruptcy.

Under the Restoration Act, BIA and Indian Health Services programs are already being provided to the tribe and the Menominee-owned land will be restored to trust status. There are approximately 2,600 people residing on the former reservation land - now Menominee County in Northeast Wisconsin.

It is probable that the new Menominee roll, including those who have moved out of the county, will exceed the 1954 enrollment of 3,270.

The proposed enrollment regulations require adequate publicizing of all information pertaining to the enrollment process. Copies of the proposed regulations can be obtained from the Bureau of Indian Affairs’ Minneapolis Area Office, 831 Second Avenue, South, Minneapolis, Minnesota 55402.

The awarding of four contracts totaling more than $5 million for construction projects on the Papago Indian Reservation in southern Arizona was announced today by Commissioner of Indian Affairs Morris Thompson.

A contract for $4,215,636 was awarded to the Lembe Construction Co., Albuquerque, N.H., for the construction of additional school facilities at Santa Rosa, Ariz.

"The job opportunities created by the development of the copper mining industry on the reservation," said Commissioner Thompson, "are bringing Papago families back to the reservation. More families mean more children and, consequently, greater need for schools. We will be doubling the size of the Santa Rosa facility."

The school now crowds in about 400 elementary students, about one quarter of them dormitory residents. The new addition will include 12 classrooms, a gymnasium, instructional materials center and administrative area. The contract, also calls for the construction of 18 housing unit.3 for tead1ers and other state Additional dormitory facilities are planned for future construction.

The other three contracts are for road construction projects.

The Buck Brown Contracting Company of Phoenix, Ariz., received a contract for $589,917 to grade, drain, and surface 14 miles of road between Sells and Big Field. The Papago tribal headquarters are at Sells. The contract includes 1.2 miles of streets in Sells leading to a housing project. Thirteen bids were received, with the highest exceeding $825,000.

The other contracts pertain to work being done on 29 miles of road near the site of a planned future school.

The Arizona Culvert and Manufacturing Company, Tempe, Ariz., was low bidder for the provision of some 15,000 lineal feet of corrugated steel pipe of various sizes and 350 bands of various sizes. The total amount of the contract was $183,603.

Three other bids were received ranging up to $211,746.

A Chandler, Arizona firm, Rain for Rent, Inc., received a $59,648 contract for the rental of a pump, storage tank, booster pump and aluminum pipe fittings.

Commissioner of Indian Affairs Morris Thompson has changed the Bureau of Indian Affairs' service structure in the State of Nevada. Official notice of the changes is being published in the Federal Register.

Formerly served by a single agency office, the state will now have an Eastern Nevada Agency at Owyhee and a Western Nevada Agency at Stewart. This change was requested by Indian Tribal and community groups in Western Nevada. Splitting the state into two agency jurisdictions is expected to improve services.

The Stewart Indian School, a boarding high school operated by the Bureau, has been withdrawn from agency jurisdiction and will be under the area office at Phoenix, Arizona. Excluding the large Navajo Reservation, the Phoenix Area includes Arizona, Nevada, and Utah.

The changes in Nevada are effective November.

Ralph F. Keen, a Cherokee Indian from Oklahoma, has been appointed Acting Director of the Bureau of Indian Affairs' Office of Trust
Responsibilities, Commissioner of Indian Affairs Morris Thompson has announced.

In this position, Keen is responsible for the administration of more than 50 million acres of tribal lands held in trust by the United States.

A native of Hominy, Oklahoma, Keen succeeds Martin Seneca who has accepted a position with the Federal Energy Administration
Keen attended the Chilocco Indian High School and graduated from Oklahoma's Northeastern State University at Tahlequah with a B.A.
and a teaching certificate He later completed law studies at the University of Tulsa.

Before going into the practice of law in Tahlequah, Keen was Business Manager of the Cherokee Nation of Oklahoma 1967-69. He
had previously been Director of the Bureau of Indian Services at the University of Utah and Executive Director of the Inter-Tribal Council
of Nevada. He was for a short period a teacher at the Haskell Indian Institute at Lawrence, Kansas.
Keen, 42, is a member of the American Bar Association and the Oklahoma Bar Association.

Regulations governing the handling of minors' shares of judgment funds awarded to Indian tribes and distributed on a per capita basis are being published in the Federal Register, it was announced by the Bureau of Indian Affairs today.

The regulations establish certain restrictions and requirements designed to preserve and protect the per capita shares of minors and other legally incompetent persons as mandated in the Indian Judgment Funds Act of 1973.

Comments from interested parties on the regulations generally were opposed to any restrictions except those imposed by parents, guardians or tribal governing bodies.

The regulations will become effective 30 days after publication.

A draft environmental impact statement on a proposal to surface mine Crow Indian and State-owned coal from more than 2,000 acres in south central Montana has been prepared by the U.S. Geological Survey, Department of the Interior, and released for public comment.

The statement, filed with the Council on Environmental Quality (CEQ), discusses the environmental effects of a proposed expansion of Westmoreland Resources existing Absaloka Coal Mine to 2,151 acres (870 hectares) in Crow Indian Ceded Lands in northern Big Horn County just north of the Crow Indian Reservation.

Westmoreland proposed to surface mine 190.6 million tons (172.9 million metric tons) of coal by 1997, with a peak production of 10 million tons (9 million metric tons) per year from 1981 through 1995. Westmoreland owns surface rights and the Crow Indian Tribe the coal rights on 1,837 acres (743 hectares) of the tract, with-the State of Montana owning both surface and coal rights on the remaining 314 acres (127 hectares).

The Absaloka Mine is about 26 miles (42 kilometers) east of Hardin, Mont., and 30 miles (48 kilometers) south of Hysham, Mont., in the drainage area of Sarpy Creek. The proposed expansion area is mostly to the east and southeast of the existing mine.

The 1.1 million acre (445,000 hectare) Crow Ceded Area was ceded to the U.S. Government by the Crow Tribe under a 1904 act of Congress. Indians then living in the area were either allotted their land or reimbursed for it if they moved south to the Crow Indian Reservation. The land not allotted to Indians was opened to the general public for settlement, but the Federal Government retained coal and other mineral rights. In 1958, Congress restored to tribal ownership all of the vacant and undisposed ceded land, and mineral rights on these lands as well as on settled land were restored to the Crow Tribe.

The Crow Tribe now owns coal rights on about 150,000 acres (60,700 hectares) in the Ceded Area, and these rights are held in trust for the tribe and administered by the Interior Department's Bureau of Indian Affairs (BIA).

Westmoreland Resources obtained coal leases from the Crow Tribe in 1972 on 30,876 acres (12,500 hectares) in the Ceded Area, and began operating the existing Absaloka Mine in 1974 under an approved plan for surface mining of 410 acres (166 hectares). This plan was covered in an environmental impact statement prepared by the BIA and filed with the CEQ in 1974. Subsequent Federal Court orders required the Interior Department to prepare a comprehensive environmental impact statement on the leasing of the Ceded Lands as well as separate environmental impact statements on each mining plan for tracts within those lease areas.

The BIA filed with the CEQ on Aug. 17,1976, a draft impact statement on the leases, and the Secretary of the Interior cannot take action on Westmoreland proposed 20-year mining and reclamation plan for the 2,151-acre tract to expand the Absaloka Mine until the leasing EIS has been completed and appropriate decisions made.

Absaloka Mine produced 4 million tons (3.6 million metric tons) of coal in 1975, and the coal in the approved mine area is expected to be exhausted early in 1977. Westmoreland currently is committed to provide 5 million tons (4.5 million metric tons) of coal per year for electric power generation in Minnesota, Wisconsin, Illinois and Iowa.

Westmoreland proposed to reclaim and revegetate the mined areas concurrently as mining activities proceed to new areas, with a maximum of 110.5 acres (44.7 hectares) being disturbed each year.

Two major coal beds and two smaller "stray" beds would be surface mined The Rosebud-McKay coal bed is 30 to 35 feet (9.1 to 10.7 meters) thick and the top of the bed is from 70 to 135 feet (21.3 to 41.1 meters) below the land surface. The Robinson bed-ranges from 17 to 23 feet (5.2 to 7 meters) in thickness and is from 150 to 270 feet (45.7 to 82.3 meters) below the surface. One of the stray beds lies 20 to 30 feet (6.1 to 9.1 meters) above the Rosebud-McKay coal bed and the other is 5 to 10 feet (1.5 to 3 meters) below the Rosebud-McKay bed. The stray beds are no more than 5 feet (1.5 meters) thick.

Crow Indians have preferential employment rights in the Westmoreland mining operations involving coal owned by the tribe. The Absaloka Mine now employs 110 persons, including 53 Crow Indians. Employment would rise to 210 workers by the time peak production is reached in 1981, and an additional 50 workers would be employed in construction activity in 1977 and 1978.

The draft environmental impact statement prepared by the USGS assesses the impact of the proposed 20-year mining operation on the air quality, noise levels, topography, geology, hydrology, soils, vegetation, fish and wildlife, land use, recreation, visual resources, archaeological and historical values, and socio-economic conditions of the area.

The statement also describes possible alternatives to the proposed mining plan, including modifying it, preventing further development of the entire ease, mining only the state-owned coal.

A summary included with the draft statement listed the following environmental impacts of the proposed mining plan:

• The existing land surface, vegetation and all aquifers above the base of the Robinson coal seam in the proposed line area would be destroyed.
• Wildlife habitats would be disrupted until disturbed areas were revegetated and human intrusions terminated.
• Ground and surface water quantity and quality, livestock grazing scenic views and open space qualities would be degraded and restricted until revegetation was successfully completed.
• Dust and noise would be increased locally until re-contouring and revegetation were successfully completed.
• Livestock and wildlife forage would be reduced until revegetation was successful.
• Employment for Crow Indians and other citizens of Big Horn County would be increased.
• Tax and royalty income for the Crow Tribe, the State of Montana and Big Horn County would increase.

Written comments on the draft statement will be accepted within 45 days from publication of the statement in the Federal Register. All such comments will be considered during preparation of the final environmental impact statement. Written comments should be addressed to the Director, U.S. Geological Survey, 108 National Center, Reston, Va. 22092.

A public hearing on the draft statement has been scheduled for 10 a.m. Dec. 9, 1976, at the Sun Lodge Motel and Restaurant at Crow Agency, Mont., on the Crow Indian Reservation.

Copies of the draft statement are available for public review at the USGS Public Inquiries Office, Room 1012, Federal Building, 1961 Stout St., Denver, Colo.; USGS Library, Denver West Office Park, Building 3,1526 Cole Blvd., Golden, Colo.; USGS Library, Room 4A100, USGS National Center, 12201 Sunrise Valley Drive, Reston, Va.; U.S. Bureau of Indian Affairs, Billings Area Office, 316 North 26th St., Billings, Mont.; Office of the Superintendent, Crow Agency, Mont.; Billings Public Library, 510 N. Broadway, Billings, Mont.; Library, Eastern Montana College, Billings, Mont.; and Big Horn County Library, 419 N. Custer Ave., Hardin, Mont.

A limited number of single copies of the statement are available from the USGS Public Inquiries Office, Room 1012, Federal Building, 1961 Stout St., Denver, Colo. 80202, and from the Director, U.S. Geological Survey, 108 National Center, Reston, Va. 22092.

Proposed regulations for the Bureau of Indian Affairs Housing Improvement Program (HIP) have been published in the Federal Register, it was announced today.

"This Bureau program," commissioner Morris Thompson said, "complements the programs of other Federal housing agencies. Thousands of Indian families are living in substandard homes or homes needing repairs. This program provides assistance when other resources are not available.”

Grants up to $10,000 to finance repairs, renovation or enlargement can be made for dwellings which can economically re brought to standard condition. For dwellings which cannot re brought to standard condition, but need work to reduce safety or health hazards and improve livability, grants up to $2,000 can be made. Repairs to such non-standard housing are made only as a stop-gap measure to carry a family over until standard housing is available.

The program also helps needy Indian families meet housing needs by providing grants to make them eligible for housing loans from tribal, Federal, or other credit sources. These grants ordinarily provide required down payment funds. They are limited to the amount required to secure the loan or $5,000, whichever is less.

Under certain conditions, when there is no prospect of standard housing being financed from other sources, the program can also provide grants for financing for new housing.

Only Indians are eligible for assistance and priority is given to families based on need in relation to income, family size and the unavailability of other housing assistance. Applications for assistance must be approved by the tribe being served.

For the fiscal year ending June 30, 1975, approximately $10 million has been appropriated. Since the beginning of the program in 1967 about 24,000 housing units have been repaired or renovated and some 3,500 new houses constructed.

The tribal plan for the distribution of almost $5,000,000 awarded to the Washoe Tribe of Nevada and California by the Indian Claims Commission were published in the Federal Register November 19, Commissioner of Indian Affairs Morris Thompson announced today.

The award represents payment for 1,500,000 acres of land in California and Nevada taken from the Washoe Tribe more than years ago.

Before use or distribution of the judgment funds could be made, it was necessary to obtain Congressional approval of a plan for the use or distribution of the funds as required by the Act of October 19, 1973, 87 Stat. 466.

The Washoe plan, which became effective September 25, 1974, calls for a per capita distribution of 70 percent of the fund to tribal members. Ten percent of the fund is to be used for a Washoe Ranch Properties Improvement Program and 20 percent for a Washoe Investment Program.

The per capita distribution which sometimes involves lengthy determinations of the eligibility of persons seeking to qualify for a receipt of per capita payments, will be made as soon as possible.

The tribal plan for the distribution of $1,850,000 awarded to the "Three Affiliated Tribes of the Fort Berthold Reservation" of North Dakota by the Indian Claims Commission were published in the Federal Register November 19 Commissioner of Indian Affairs Morris Thompson announced today.

The award is additional payment for more than 1,750,000 acres of land in northwest North Dakota. The tribes involved, who have recently adopted the "Three Affiliated Tribes" designation, are the Hidatsa, Mandan and the Arikara.

Before use or distribution of the judgment funds could be made, it was necessary to obtain Congressional approval of a plan for the use or distribution of the funds as required by the Act of October 19, 1973, 87 Stat. 466.

The "Three Affiliated Tribes" plan became effective October 2, 1974 and calls for a per capita distribution of 75 percent of the judgment funds to tribal members. The remaining 25 percent is to be used for a land purchase program for the tribe.

The per capita distribution, which sometimes involves lengthy determinations of the eligibility of persons seeking to qualify for receipt of per capita payments, will be made as soon as possible.

Secretary of the Interior Cecil D. Andrus today released a draft supplement to the 1974 final environmental impact statement covering Executive Branch alternatives for protecting Alaska National Interest Lands until Congress can take final action.

Andrus said he was "obligated" to examine ways to provide interim protection for federal wildlands in Alaska when Congress adjourned without meeting its own deadline. The so-called "d-2" withdrawals expire on December 18. The 28 volume Environmental Impact Statement on Alaska lands issued in 1974 did not cover Executive Branch alternatives. Comments on the draft supplement are due by November 20.

"Although Congress has struggled with this issue for seven years, many roadblocks were thrown up along the way. Congress did a tremendous job of documenting the need for ambitious conservation action in Alaska," Andrus said, "and there is no question that Congress shares our desire to protect Alaska's natural crown jewels."

The draft supplement covers three major authorities available for protecting federal lands in Alaska:

The Antiquities Act of 1906 allows the President to proclaim National Monuments for the protection of "objects of historic or scientific interest."

Alaska's untouched natural communities and untouched geological paleonto­logical and archaeological resources are just a few examples of the historic and scientific values of these lands.

In addition, the Secretary has temporary and permanent withdrawal authorities under Section 204 of the Federal Land Policy and Management Act (the Bureau of Land Management Organic Act). These authorities allow the Secretary to segregate or set aside land for up to two years or to withdraw it for up to 20 years. Such withdrawal could include transfer of management responsibilities to another agency such as the Fish and Wildlife Service.

The Secretary may also transfer Bureau of Land Management land to National Wildlife Refuges to replace the values in existing refuge lands selected by Alaskan Native villages. The Fish and Wildlife Service estimates the total of village selections in Refuges could be as high as three million acres. This authority is contained in Section 22 (e) of the Alaska Native Claims Settlement Act.

Finally, the Secretary is obligated under Section 603 of the FLPMA to study all road less tracts over 5,000 acres on the public lands for inclusion in the national wilderness system. Pending the study, the lands are to be managed in such a way as not to impair their wilderness characteristics. Congress has not appropriated any funds for such studies in Alaska, but that does not relieve the Secretary from the obligation to protect those lands until funds for the studies are available, Andrus said.

"The Chairman of the House Interior Committee, Congressman Udall, made it very clear that the requirement to carry out those studies before any development takes place on those lands was not extinguished by the failure to fund them this year," Andrus said.

The draft environmental supplement, the Secretary emphasized is a "decision - making tool. While we are determined to afford interim protection to Alaska National Interest Lands, I have not yet decided exactly which authority or combination of authorities I will recommend to the President to assure that protection. I will not preempt the process. No final decision on precise authorities will be made until comments are received on the supple­ment," Andrus said. Comments should be returned by November 20, 1978 to the following offices:

For comments from Alaska:

Special Assistant to the: Secretary

Attn: Regional Environmental Officer

U.S. Department of the Interior

Office of the Secretary Box 120

Anchorage, Alaska 99510

For comments from Continental U.S.:

Alaska Task Force (TWE)

National Park Service, Denver Service Center

P. 0. Box 25287

Denver, Colorado 80225