OPA

Secretary of the Interior Thomas S. Kleppe announced today that he had approved a tribal tax on coal mining on the Crow Indian Reservation in Montana and a tribal zoning ordinance for the Fort Hall Reservation in Idaho.

In both instances, the tribal laws call for the exercise of jurisdiction by the Indian tribe over non-Indians on the reservation. The question of tribal jurisdiction over non-Indians in civil matters has become a major issue in many parts of the country.

The Secretary's approval for both ordinances was conditioned on the removal of criminal penalties for violations.

The Crow tax was specifically not approved for application to land known as the Crow ceded area. This is an area of some 30,000 acres outside the boundaries of the reservation, within the Crow aboriginal territory, in which the tribe has retained the mineral rights. The only operative mining of Crow lands at this time is in this area. The tribe's constitution, the Secretary noted, does not authorize exercise of governmental power in the ceded area.

The Crow Reservation consists of about 2,226,000 acres in Southeastern Montana. There are about 3,000 Crow Indians residing on the reservation. Non-Indians own about 44 percent of the land and constitute about the same proportion of the population. The reservation coal reserves are estimated to exceed three billion tons.

The tribal tax would be 25 percent of the value of each ton severed or mined. The State of Montana already has a 30 percent severance tax. The Fort Hall Reservation, home of the Shoshone and Bannock Tribes, consists of approximately 543,000 acres, of which about 20,000 acres, less than four percent, are owned by non-Indians.

The zoning ordinate requires that permits be obtained for industrial and commercial uses of the land and establishes a Land Use Policy Commission for administration of the ordinance.

The Bureau of Indian Affairs has requested an increase of $64.4 million in appropriated funds for fiscal year 1978. The Bureau's request submitted January 17 to Congress as part of the President's budget, asks for $842.3 million. This includes $654.7 for the operation of Indian programs: $87.2 million for the construction of irrigation systems, buildings and utilities; $70.3 for road construction, and $30 million for payments under the Alaska Native Claims Settlement Act.

Federal funding for these purposes in fiscal year 1977 was $777.9 million. The 1978 fiscal year begins October 1, 1977 and ends September 30, 1976.

For Indian Education programs a total of $245.5 million. -- an $8.8 million increase --was requested. This includes $36.5 million for higher education assistance grants for some 17,400 Indian college students.

The request for $173. million for Indian services provides for increases in funding for grants under the Self-Determination and Education Assistance Act, assistant to tribal governments and social services. An apparent reduction in law enforcement funding was caused by the transfer of about $3 million in program costs for tribal judicial services to the tribal government services category.

The expiration of funding authorization for the Indian Business Development program under the Indian Financing Act of 1974, is reflected in the drop in funding of about 6.8 million requested for economic development and manpower programs. This Act provided for funding only through 1977. There will also be a reduction in funding of the Indian Action Team programs, for which a $6 million Congressional add-on was received in 1977.

Almost $50 million, an increase of more than $10 million, was requested for Natural Resources Development. About $7.6 million of this increase will be used for mineral inventories and development planning of reservations with high energy resources development potential. Increases of $2.6 million are proposed to strengthen other conservation and development programs in accordance with tribal priorities.

The $30.8 million requested for programs to carry out the Federal trust responsibility to Indian tribes includes funds for activities to implement the Judge Boldt fishing rights decision in the Northwest. A total of $4.1 million has been requested or this purpose.

A major new thrust in this year’s budget request for Indians is a significant acceleration in constructing and rehabilitating Indian irrigation projects. An increase of: $14.4 million is requested for this purpose. Of the $44.4 million total, $25 million is for continuing construction on the Navajo Indian Irrigation Project.

Other construction projects for which $25.3 million will be required are Sherman Indian Boarding School, California; Standing Rock Boarding School, North Dakota; Jemez School, New Mexico; Haskell Indian Junior College, Kansas; Lower Brule School, South Dakota; Napakiak School, Alaska; Pine Ridge Rehabilitation enter, South Dakota and an Administration Building at the Fort Hall Agency, Idaho.

Funds in the amount of $11.3 million have been requested for public school construction needs under the Indian Self-Determination and Education Assistance Act.

Louise Perkins, Tribal Government Worker, is Buried: Louise Gilbault Perkins, of Michigan Ottawa who worked 36 years with the Bureau of Indian Affairs, died November 22. Louise was administrative officer for the division of tribal government services. After attending Haskell Institute in 1941-42, Louise went to work for the BIA in Chicago as a Clerk-stenographer. She came to Washington in 1949 to work in the office of tribal relations under D'Arcy McNickle and has been since then part of the Washington scene for most tribal delegations. She was an expert on matters of tribal funding and budgets and she worked closely with many of the tribes on matters pertaining to the Indian Claims Commission. The funeral was at the Immaculate Conception Catholic Church, and burial at the Washington National Cemetery. She was survived by four sisters and two brothers. The family suggests memorial contributions be made to the Louise G. Perkins Memorial Fund, American Indian Society, Bureau of Indian Affairs, care of Mitchell L. Bush, Jr., 1951 Constitution Avenue, N.W., Washington, D.C. 20245.

Secretary of the Interior Thomas S. Kleppe today announced approval of a major uranium exploration and development agreement between the Navajo Nation and the EXXON Corporation.

The agreement gives EXXON the fight to explore or prospect for uranium in a 400,000 acre tract on the Navajo Reservation in San Juan County, New Mexico. If ore in sufficient quantities to warrant development is discovered, EXXON is authorized to take a total of 51,200 acres to lease for mining purposes.

The Navajos will receive an initial bonus payment of $6 million for the prospecting permit and have the right either to accept a royalty on mining operations or participate as joint owners, up to 49 percent, with EXXON in any mining unit. The agreement also includes a strong hiring provision regarding the employment of Navajos.

The joint venture option in the agreement is a milestone in Navajo tribal administration. This is the first time that the tribe has had the possibility of participating as a partner in the development of reservation mineral resources.

Approval of the agreement by the Secretary included the waiver of certain regulations to enable the tribe to exercise a greater management role in the development and administration of the project.

The term of the prospecting permit is two years, with automatic extensions of two successive two-year periods. EXXON is obliged to expend specified, substantial amounts in exploration activities each year and cannot hold the acreage for speculative purposes. The permit contains provisions to protect the environment.

The tribe’s option to take a working interest in mining operations in lieu of royalties can be exercised either as a contributor or non-contributor of capital and operating funds.

Secretary Kleppe's approval of the agreement followed his review of a final environmental impact statement on the project issued in November, 1976.

Stanley M. Speaks, a member of the Chickasaw Nation of Oklahoma, has been appointed Director of the Bureau of Indian Affairs' Anadarko, Oklahoma area, Commissioner of Indian Affairs Ben Reifel announced today.

The Anadarko area includes the western half of Oklahoma and the State of Kansas. Speaks whose appointment was effective January 16, has been Superintendent of the BIA agency at Anadarko, one of the area's five agency offices.

In the 1974-75 school year Speaks was the Acting Superintendent of the Intermountain Indian School at Brigham City, Utah.

He was the Supervisory Guidance Counselor at Intermountain for five years and has worked in various Indian education programs with the BIA since 1959.

Speaks, 43, is a graduate of Northeastern State College, Oklahoma, where he also earned a Masters' degree in education.

Speaks has been actively involved in Indian youth programs, particularly scouting. He was chairman of the 16th American Indian Tribal Leaders' Seminar on Scouting in 1972-73. He is also a member of the Rotary International.

The Bureau of Indian Affairs has requested a substantial increase in funding for the operation of Indian programs in fiscal year 1976. Its budget request of $526.9 million for these programs is approximately $48 million greater than the appropriations for the fiscal year ending June 30, 1975.

Bureau In addition to the funds requested for the operation of Indian programs, the Bureau has requested appropriation of $61. 4 million for construction of irrigation systems, buildings and utilities; $66. 7 million for road construction; $70 million for Alaska Native Claims; $12 million to complete the authorized funding of the Indian Revolving loan Fund, and $20 million for the loan Guaranty and Insurance The appropriation request totals $757,031,000.

For the first time funds were specifically requested for the payment of certain administrative costs connected with tribal contracts for the operation of Indian programs. This item accounts for $11.2 million of the $48 million increase.

The Indian Action Team program also received an increase exceeding$11 million. The expanded program will provide for 50 contracts involving more than 3,000 Indians in training and work experience projects that normally result in the construction of on-reservation facilities for community development.

For Indian Education Programs $230.2 million was requested. This is an increase of $3. 7 million. The request includes about $32 million for higher education assistance and $28 million in Johnson-O'Malley funds for programs in public schools.

More than $106.1 million was requested for Indian services -- an increase of $6.1 million. This includes $1.2 million for aid to tribal governments; $66.1 million for social services; $13.6 million for law enforcement, and $14.3 million for housing.

While most of the new home construction on reservations is the responsibility of the Department of Housing and Urban Development under separate appropriations, Bureau than of Indian Affairs programs will provide for about 400 new homes and more 2,250 renovations.

The request for $86.5 million for tribal resources development, including the Indian Action Team expansion, is an increase of $16.2 million. Sane of the larger items in this request were $26.4 million for forestry and agriculture; $14 million for direct employment, and $14 million for business enterprises. This last item includes $10 million authorized by the Indian Financing Act of 1974.

For trust responsibilities and services $20.9 million was requested -- an increase of $2.3 million. Among other things, this increase will permit initiating 35 additional water studies, and completing 5 water use plans now underway. It will also provide for increasing land appraisals, lease and management services and strengthening trust fund management and accounting services.

A request of $83.2 million was submitted for general management and facilities operations. This is an increase of $18.2 million, but includes the request for Indian contract support funds. Almost $60 million of this amount is for the operation, repair, maintenance and leasing of physical facilities in support of Bureau programs. For the general management and administration of the Bureau is $7.8 million and $2.6 million for annual program planning and development at the reservation level.

The construction program in fiscal year 1976 includes funds for 8 additional classrooms and 8 related staff quarters; for a joint sewage disposal system at Sitka, Alaska; construction of St. Michaels Day School, Alaska; second phase construction of Diomede Day School, Alaska; construction of the second phase of Santa Rosa School, Arizona; construction of a rehabilitation, treatment and incarceration facility at San Carlos, Arizona; construction of the third phase of the Sherman Indian High School, California; and construction of a replacement high school at Fort Yates, North Dakota on the Standing Rock Reservation. Funds also will provide for design drawings for future projects and the purchase of equipment for facilities now under construction. Total request for FY 1976 is $31.0 million.

The proposed budget estimates for irrigation systems for fiscal year 1976 provides $22.8 million for the Navajo Indian Irrigation Project located in New Mexico and $7.6 million for other irrigation projects and related power systems.

The Bureau has requested $827,392,000 in budget authority. This authorization is required to enable the Bureau to obligate both the appropriated funds and receipts from other sources, such as permanent and trust funds not included in the annual appropriation.

A detailed breakdown of appropriations requested for Fiscal Year 1976 as compared to Fiscal Year 1975 is attached.

Donald Dodge, a member of the Navajo Tribe, has been appointed Director of the Bureau of Indian Affairs' Navajo Area, Commissioner of Indian Affairs Ben Reifel announced today.

One of 12 BIA regional jurisdictions, the Navajo Area serves only the one tribe, by far the Nation's largest, and one reservation of some 14 million acres in Arizona, New Mexico and Utah.

Dodge has been the Superintendent of the Fort Defiance Agency on the reservation since 1972. He was earlier the Administrative Manager at Fort Defiance and the Tribal Operations Officer in the Area Office.

From 1961 to 1970, Dodge worked for the tribe as a buyer, ground water development official and director of public services.

Dodge, 47, is an Army veteran and an alumnus of the University of New Mexico. He was born in Crystal, New Mexico.

John Buffalohorn has been appointed Superintendent of the Northern Cheyenne Agency at Lame Dear, Montana, the Bureau of Indian Affairs announced today.

Buffalohorn, who is a full-blood member of the Northern Cheyenne Tribe, has been Superintendent of the BIA Fort Totten Agency in North Dakota.

An Army veteran, Buffalohorn, began his career with the BIA in 1954, at the Haskell Institute (now Haskell Indian Junior College). He has been stationed at agencies in Oklahoma, North Dakota and Montana.

A Native of Busby, Montana, Buffalohorn completed the business administration program at Haskell. He is 44.

Secretary of the Interior Cecil D. Andrus pledged the full cooperation of his Department in carrying out the five-year plan for the allocation of Columbia River fish runs which was announced today.

"I want to extend my earnest personal congratulations to all those who have worked so effectively to achieve this equitable solution to the volatile situations arising from the implementation of the mandates of the courts on Indian fishing rights," Secretary Andrus said.

"As Governor of Idaho, I worked with Governor Robert Straub of Oregon and Governor Dan Evans of Washington to develop a solution which would carry out the court decisions fairly for all concerned. As Secretary of the Interior, I am directing the Departments affected agencies to lend their full support in assuring the agreement is carried out in a manner which effectively harmonizes the treaty fishing rights of the Indian tribes with the right of the States to protect and conserve the valuable fisheries in the Columbia River."

The tentative agreement which was announced by the States of Washington and Oregon, the four treaty tribes (Warm Spring, Yakima, Umatilla and Nez Perce), and the Department of the interior, provide that the tribes will be entitled to 60 percent of the harvest of fall Chinook salmon.

The plan also provides that the tribes will forgo commercial harvest of summer steelhead.

The plan also provides for the establishment of a technical advisory committee to develop data and to make recommendations to insure that agreed upon allocations are realized. Each tribe will be represented and the Interior Department will be represented by its Fish and Wildlife Service. Other members of the committee will include representatives of the State of Washington, Oregon, and Idaho and the Marine Fisheries Service of the Department of Commerce.

Secretary Andrus noted that the tribes' allocation of 60 percent of the Chinook salmon run exceeds the 50 percent formula in court decrees and takes into account the heavy off-shore non- Indian harvest of the run.

“As trustee for our Indian citizens, I am personally gratified by the manner in which the plan was announced today protects their treaty rights,” Secretary Andrus said.

For draft documents recommending ways to improve Indian education programs are now available for review and comment by interested persons, the Bureau of Indian Affairs' Director of Indian Education Programs William Demmert announced today.

Demmert said that the papers deal with "major matters of immediate concern to me." He said that he hoped Indian tribal governments, school boards, parents and other citizens would take the opportunity to read the documents and make their suggestions.

The papers are about 1) changes needed in the BIA boarding school system; 2) the provision of comprehensive early childhood education in Indian communities; 3) implementing sound bilingual education programs in Indian schools, and 4) policies and procedures for determining school construction priorities.

Demmert said he planned to submit recommendations for BIA policy and program changes in these educational areas to the Commissioner of Indian Affairs by the end of March. He said he would also be participating in a March meeting with representatives from other Federal agencies to consider legislative, administrative, and regulatory changes related to Indian education. The Washington, D .C. meeting is being sponsored by the Federal Interagency Committee on Education. "At this meeting," Demmert said, "we will also consider these areas of concern from a somewhat different aspect to determine where Congressional support or interagency coordination is needed or desired."

Copies of the draft papers have been distributed to BIA area offices and schools and to some Indian groups. Requests for the papers should be sent to Dr. William Demmert, Office of Indian Education Programs, Bureau of Indian Affairs, Washington, D.C. 20245.

The papers range in length from about 20 typewritten, double-spaced pages to more than 50. Suggestions and comments should be sent to Demmert by the end of February at the above address.