OPA

The former Secretary of Interior, Rogers C. B. Morton, has commended Commissioner of Indian Affairs Morris Thompson for recent accomplishments in Indian Affairs.

In an April 30 letter to the Commissioner, Morton noted major legislative achievements, the increased involvement of Indian people in BIA programs and the predominantly Indian leadership established within the Bureau.

Morton, now Secretary of Commerce, described the Indian Self Determination Act, the Indian Financing Act and the Menominee Restoration Act as "milestones in Indian efforts to achieve social and economic equality.

On Indian participation in the direction of programs, he said: "This is especially important to you and me because we share the belief that active involvement by Indian people in Indian programs is most essential to development of successful programs." He noted also that the predominance of Indians, appointed by Thompson to leadership roles in the Bureau, should further his participation.

Morton expressed appreciation to Bureau employees for "outstanding work" and to Thompson for this "dedication to successfully administering a challenging position."

Regulations governing BIA responsibilities in the former Navajo-Hopi Joint Use Area were published in the Federal Register April 26, Acting Commissioner of Indian Affairs Raymond V. Butler announced today.

Though the area has now been partitioned by court order and the lands placed under the respective jurisdictions of the Navajo or Hopi Tribes, the Secretary of the Interior, according to the Settlement Act and the United States District Courts, retains exclusive authority and jurisdiction over all activities that are connected with livestock reduction, range restoration and surveying, monumenting and fencing the boundaries. These responsibilities include related law enforcement activities.

While the involvement of the Bureau of Indian Affairs is lessened by the partitioning, the jurisdiction of the Bureau for the activities mentioned above is expanded to include all persons, Indian and non-Indian. The assertion of this jurisdiction will continue as long as it takes to complete the Settlement Act mandated tasks.

Because there is immediate need for maintaining the Bureau of Indian Affairs activities without interruption and because these revisions in the regulations are made necessary by court order and statute, there will not be the customary period of review and comment. These regulations will therefore become effective upon publication.

Wilson Barber has been appointed Superintendent of the Bureau of Indian Affairs Agency on the Mescalero Apache Reservation, Acting Deputy Commissioner Raymond V. Butler announced today.

Barber, a Navajo, has been Superintendent of the Cheyenne River Agency at Eagle Butte, South Dakota.

Barber, 35, attended the University of New Mexico. He worked for the Navajo Tribe and for the BIA on the Navajo Reservation before going to Cheyenne River in 1975.

His appointment of the Mescalero Reservation in south-central New Mexico becomes effective June 5.

Commissioner of Indian Affairs Morris Thompson expressed his support of a national effort to protect the rights of foster children in a statement issued May 19.

In a ceremony in Washington, D. C., the Commissioner formally endorsed a Bill of Rights for Foster Children.

The week of May 18-24 had been designated as National Action for Foster Children Week by the committee which drafted the Bill of Rights in 1973. One of the objectives of the Week is to gain the support of Governors, Mayors and other governmental leaders.

Commissioner Thompson, in his endorsement, said: "I note with pride that a signatory to the original document was Mrs. Marie Cox of the Comanche Tribe, and in the years since, this document has been endorsed by many Indian tribes and organizations. I look forward to the day when the principles set forth in this Bill of Rights are a reality for Indian children, and for all children who will be reared by persons other than their own friends and family."

The National Action for Foster Children Committee, established in 1972 by HEW, is made up of representatives of various national organizations. Mrs. Cox, for example, represents the North American Indian Women's Association.

A second series of regional meetings with Indians to discuss implementation of the Indian Self-Determination and Education Assistance Act will begin May 28, Commissioner of Indian Affairs Morris Thompson announced today.

Draft regulations for the Act, mailed to leaders of Indian tribes and organizations May 16, will be reviewed at these sessions, conducted jointly by the Bureau of Indian Affairs and the Indian Health Service.

The first series of meetings was held in March prior to the drafting of regulations.

The Act sets the stage for major changes in the relationships of Indian tribes with the Federal Government by authorizing them to take over the directions and operation of Federal programs serving them.

The draft regulations include sections governing contracts with Indian groups, unique provisions concerning Federal employees and a new, broad purpose granting authority. The objective is to strengthen tribal capabilities and minimize Federal restrictions for Indian assumption of program responsibility.

The Act requires that the implementation process be completed not later than Nov. 4, 1975, with deadlines also set for major steps in the process -- consultation with Indians, submission of proposed rules to Congress and first publication in the Federal Register. Commissioner Thompson noted that the process was on schedule. He said, "Together with the Indian Health Service, with whom we are working very closely, we expect to meet all imple­mentation deadlines established in the Act,"

At a workshop in Denver, May 12-16, for BIA and IHS officials who will be involved in the scheduled regional meetings, Emery Johnson, IHS Director, and Harley Frankel, BIA Deputy Commissioner, stressed the importance of Indian input in the development of the final regulations.

The regional meetings have been scheduled as follows: May 28-30, Washington, D.C., and Aberdeen, South Dakota; May 29-31, Norman, Oklahoma; June 2-3, Rhinelander, Wisconsin; June 2-4, Albuquerque, New Mexico, Billings, Montana, Washington, D.C. and Tahlequah, Oklahoma; June 3-4, Port Angeles, Washington; June 3-5, Sacramento, California; June 4-6, Phoenix, Arizona and Window Rock, Arizona (tentative); June 5-6, Minneapolis, Minnesota, and June 9-13, Anchorage, Alaska.

Further information about these meetings is available from BIA and IHS regional offices.

The 1977 calendar of Indian fairs, exhibits, ceremonials, dances, feasts and other celebrations is now available, the Bureau of Indian Affairs announced today.

Most of the events in the state-by-state listings occur in the summer or fall months and are open to tourists and other visitors. The pocket-size booklet lists more than 500 items, giving the nature of the activity, dates and locations.

The booklet also contains some summary information about Indians in the United States and the addresses of Bureau of Indian Affairs' field offices.

The calendar may be obtained for $1 from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The stock number is 024-002-00058-6.

Harley D. Zephier has been appointed Area Director in the Bureau of Indian Affairs Aberdeen Area, Commissioner of Indian Affairs Morris Thompson announced today. The area includes South Dakota, North Dakota and Nebraska.

Zephier, who has been the Acting Director since last fall, was previously the Tribal Government and Indian Rights Officer and Tribal Operations Officer in the Area.

A member of the Yankton Sioux Tribe, Zephier is a 1962 graduate of Yankton State College in South Dakota. He majored in secondary and physical education.

He was a high school teacher and athletic coach in South Dakota public schools for four years. In 1966 he became an Educational Specialist with the Indian Health Service at Winnebago Nebraska and in 1969 was named Director of the IHS hospital at Pine Ridge, South Dakota.

Zephier, 40, was born at Pine Ridge. He is married and has seven children.

The final environmental impact statement on the proposed Navajo-El Paso/Consolidation Coal Lease and Mining Plan on the Navajo Reservation, San Juan County, New Mexico has been completed. Copies of the statement have been filed with the Council on Environmental Quality and a notice of availability published in the Federal Register by the Department of the Interior.

The statement considers the human, economic and physical environmental effects associated with Federal approval of lease and mining and reclamation plans for coal strip mining operations. It is anticipated in the plan that about 678 million tons of low sulphur coal will be taken from 40,287 acres of reservation land in the next 35 years.

The statement was prepared to supplement the environmental statement prepared for a proposed El Paso Gasification Project.

The proposed lease is a renegotiated mining lease for an existing lease covering the same 40,287 acres. It is stronger in stipulating efforts to mitigate ,environmental impacts. It was executed between the Navajo Tribe as lessor and the El Paso Natural Gas Company and the Consolidation Coal Company as lessees. It becomes effective when approved by the Secretary of the Interior.

Single copies of the environmental statement may be obtained from the Navajo Area Office, Bureau of Indian Affairs, Window Rock, Arizona 86515

A plan for the distribution and use of more than $16 million awarded to the Chiricahua Apache Indians by the Indian Claims Commission is being published in the Federal Register, Commissioner of Indian Affairs Morris Thompson announced today. The plan, approved by Congress, has an effective date of March 16.

The award represents payment for more than 15 million acres of land in New Mexico and Arizona taken without compensation on September 4, 1886, when Apache Chief Geronimo and his followers surrendered to the United States forces.

According to the plan, the funds will be divided between the Mescalero Apache Tribe of New Mexico and the Fort Sill Apache Tribe of Oklahoma.

The Mescalero Apache Tribe of New Mexico will receive 69 percent of the funds and the Fort Sill Apache Tribe of Oklahoma will receive 31 percent. This division is based on the relative numbers involved in a 1913 division of the Chiricahua Apaches to form the two groups.

The funds accruing to the Mescalero Apache Tribe will all be utilized for tribal programs. $1.4 million will be added to an existing tribal Scholarship Trust Fund. $150,000 will be used for development and maintenance of an inventory of the tribe's human and physical resources. $500,000 will be used to establish a Resource Protection Fund for research, legal fees and other matters pertaining to the protection of the resources and rights of the tribe and its members. Another $500,000 will be used to set up a Retirement and Health Plan for tribal officials and employees. The balance of the award will be put into the tribe's Investment Trust Fund, with the income available for the benefit of tribal members.

The plan for the Fort Sill Apaches sets aside $170,000 to establish a Tribal Burial Fund and to provide for certain anticipated legal expenses. The balance of their share of the award will be distributed on a per capita basis to living members and lineal descendants of the original 1913 group, placed on a payment roll by the Secretary of the Interior. Regulations for the preparation of this roll exclude all persons eligible to benefit from the judgment funds due to the Mescalero Apache Tribe.

Under Secretary of the Interior James A. Joseph said today that Indian affairs are now a major priority within the Department of the Interior.

In an address before the National Tribal Chairmen's Association in Atlanta, Georgia, tonight, Joseph described five areas of concern to Indian people in which progress is being made in the Department: internal changes; the commitment to Indian self-determination; the approach to economic development on Indian reservations; the protection of Indian rights; and the development of Indian policy.

The Under Secretary's address was made in the course of a five day visit to Indian communities in Arizona, New Mexico, and North Carolina which began May 22 and concludes May 27.

Joseph said the reason the position of Assistant Secretary for Indian affairs is still vacant is because "we have not wanted to sacrifice the opportunity for a broad input from Indian country simply to get the selection completed quickly."

He added that it was also desired to appoint not simply a Secretary but a new team fully capable of dealing with all the complexities of both the political landscape and Indian advocacy.

“It is not enough," Joseph said "to simply appoint Indians to Indian positions. We intend to go one step further and place Indians in other areas of the Department which have been traditionally anti-Indian."

Highlights of Joseph's remarks include the following:

-- "I want all of you here tonight to know that Indian affairs are now a major priority in the Department of the Interior. I have personally had a lifetime commitment to the improvement of the quality of life for each and every American…and I brought that commitment with me to the Department of the Interior."

-- “We support the fundamental principles of the Indian Self-Determination and Educational Assistance Act. But we are also aware that the regulations that have been formulated to implement the Act are complex and cumbersome. It is our intention, therefore, to go forward with revisions in accordance with the suggestions we have received from many of you.

-- "As we move into the 'zero base' budget concept for Fiscal Year 1979 we are looking at a budget structure for the Bureau of Indian Affairs on a tribe by tribe rather than a program by program basis." --"The Department of the Interior will give priority to community development while not ignoring the important role of private entrepreneurial development."

-- "The new team in Interior is committed to the protection of your rights. Our decisions will be based on the concept of justice and equity rather than the political climate at a given moment."

-- "As you move forward on the road of self-determination and you assert rights to which you feel you are legitimately entitled, you will receive opposition from people who feel that the changes threaten their rights. But these fears can be overcome if you will take the time to explain your positions to the non-Indians who will be affected by them."

In the course of his visit to Indian areas, Joseph met with the Navajo-Hopi Relocation Commission, the BIA Joint Use Project Office in Flagstaff, Arizona, and with Hopi Tribal officials on the Hopi Reservation on May 23. He visited the Navajo Irrigation Project, proposed gasification sites, the Navajo Community College and other areas in New Mexico and Arizona May 24.

On May 25 he held meetings with Navajo Tribal officials and addressed the Navajo Tribal Council in Window Rock, Arizona, visited the Southwest Indian Polytechnic Institute and the All Indian Pueblo Council Cultural Center, and attended a reception by Americans for Indian Opportunity.

On May 27 he will meet with representatives of the Eastern Cherokee Tribe in Asheville, North Carolina.