| OCR Text |
Show Thnuday, September 26, 1974 TleUto Senate Bill Hopi-Nava- jo Long-Standi- ng By Proposed to Resolve Dispute Richard La Course The -(- AIPA)-Affairs Insular and Senate Interior Committee reported to the floor of the Senate by unanimous consent Aug. 21 a new composite bill sponsored by Sen. to resolve Henry M. Jackson, land dispute between the the Hopi and Navajo Tribes, and the bill is expected to receive a favorable vote on the Senate flow later. The Jackson bill provides for a 10 month and 10 day mandatory negotiation period between the two tribes, the appointment of a Mediator for the negotiations. If the two tribes fail to arrive at a settlement between themselves, then the Jackson bill provides for acre land the partition of the area in dispute between the two tribes, establishes a Hopi and Navajo Indian Relocation Commission to oversee the resettlement of approximately 8,500 Indians, and authorizes a minimum of $48 million to cover all aspects of the matter. Following are particulars of the Jackson bill on which the full Senate will soon vote: WASHINGTON, D.C. long-standi- A GIFT OF APPRECIATIONWas unseated to May EUsea earlier tMs meatfc by the Tribal BuImm Ceamrittee.lbe silver aad tarqaoise watch bud was ghrea to the two-milli- on left Etwya DaShaae, Heary Cadi, Fraads Wyasket, Mr. Chepeoee, Mrs. EUsea, Gary Poowegup, aad Honey Secahaha. Bureau Agencies Instructed To Purchase Indian Products In a WASHINGTON, D.C. recent unprecedented move, the Bureau of Indian Affairs (BIA) has taken action to implement one of its own policies on the books to assist the Indian businessmen of the action. In a memorandum of July 15 signed by Acting BIA Deputy Commissioner Clarence Antioquia, the BIA directed its area and administrative offices to use the products of Indian industry before contracts for supplies and services are advertised and negotiated. Such a policy and directive is a congressional mandate to the BIA in the often referred to Buy Indian Act and is specifically set forth in the BIAs own policy manual (N. 20 BIAM long-standi- 5.3). Under this policy, each BIA procurement officer is advised to look first to the Indian business community for its needs before entering, into contracts for those needs outside the Indian business community. Said Antioquia in the memo: During recent meetings with various Indian businessmen and businesswomen it became apparent that Indian industry is not being utilized to the maximum extent possible. Therefore, effectively immediately (July 15) before any contract for supplies or services is advertised or negotiated, each procurement office will ascertain whether the supplies or services required can be obtained from an Indian business. Supplies and services will be obtained from an Indian source. Antioquia further directed that each procurement office shall keep a separate record of the contracts it enters into with Indian businesses. At a later date a periodic reporting requirement will be established to ascertain progress. Further, each procurement office should catalog prospective Indian contractors and furnish Hie results to other Bureau procurement offices as set forth in (BIA regulations). The BIA directive was issued following meetings held in June of this year between members of the board of directors of the South Dakota Indian Businessmens Association (SDIBA) and representatives of federal and congressional offices to discuss the problems that their membership and Indian 'businessmen generally were experiencing with federal contracting offices. SDIBA, a two-year-o- r ld non-prof- it organization headquartered in Rapid City, S.D., was formed in 1972 to assist Indians of the area in their efforts to succeed ss businessmen and to develop more Indian businesses. Mediator Within 30 days of the passage of the act, a Mediator would be appointed by the Director of the Federal Mediation and Conciliation Service to assist in negotiations between the Navajo and Hopi Tribes. The Mediator would be authorized to request from any department, agency or independent arm of the federal SDIBA Executive Director Cleveland R. Neiss (Rosebud Sioux) told AIPA that his association has been struggling with federal agencies to gain a toehold on the opportunities for Indian businesses available through government contracting. As the world's largest purchaser of services and supplies, said Neiss, the federal government purchasing system has always provided the private business sector with untold opportunities to make money, and we, as Indian businessmen, want our chance to participate. Were not just looking at the BIA or at the Indian Health Service, he stated. Were also looking at all of the other federal agencies with local and regional offices located in our areas for some of these business opportunities. SDIBA has been meeting with representatives of such diverse federal agencies as the Veterans Administration, General Services Administration, Department of Housing and Urban Development, National Park Service and the Defense Department to open them up to Indians. Although SDIBA was formed to serve Indian businessmen in the South Dakota area, said Neiss, it is . interested in assisting in the development of business opportunities' for Indian businessmen no matter where they are located. Neiss said SDIBA would welcome all inquires. He gave SDIBAs address as 204 Denver St., Rapid City, S.D. 57701. government any information, personnel, services or materials he desires for the purposes of mediation. The Interior Department within 15 days of the acts passage must create an interagency committee to develop pertinent information for the Mediator, and appoint a liaison officer to provide information for the Mediator, who will work with a budget of $500.00. Tribal Nagofiatiag Teams Within 30 days of the acts passage, the Mediator must notify the Hopi and Navajo Tribes that they must appoint five-memb- er negotiating teams approved by tribal resolutions, with the authority to make decisions binding on the tribe. Fifteen days after both tribal teams have been certified, the Mediator must schedule the first negotiating session and chair the session. Negotiations Indnn Preference Center Established Bruce Davies (Oglala Sioux), recent graduate of Wesleyan University in Connecticut, has been installed as staff director of the National Center for Indian Preference in Denver, continuing the work begun by Phyllis Culbertson. The NCIP was originally set up following the Freeman decision on Indian preference in 1972, to assure that regulations on Indian preference in hiring and promotions would be implemented by the BIA and IHS. Since the June Supreme Court decision on the Mancari case, NCIP decided to expand its activities to become a monitoring, referral and advocate service for federal Indian employees. Address is NCIP, P. 0. Box 18554, Capitol Hill Station, Denver, Colo. 80218. Tel: (303) 861-703- 0. . The two teams are given 180 days to come to agreement. If they do come to agreement, the Mediator will submit their results to the Secretary of Interior and the U.S. Attorney General for comment. Both officials must respond within 30 days. Returned to the teams, the agreement will then be signed and then reviewed by the District Court of Arizona, and go into effect. Partial agreements can be implemented at any time during the negotiations. If negotiations collapse, or if team members fail to partidpate, the Mediator is authorized to prepare a report with recommendations for a plan of settlement and submit it to the U.S. District Court of Arizona, which is authorized to mah a final adjudication including partition of the joint use area. The Mediator is authorized to purchase other lands for the benefit of either tribe which will be placed in trust status, to approve a program of land restoration and reclamation in the joint use area, to approve a plan for removal and resettlement of affected tribesmen, and to recommend certain life estates' for some affected Indians in the area and a phased removal of others. Land Partition Guidelines in the Jackson bill for partitioning the joint use area include these: boundary lines resulting from any partitioning must be established to include the higher density population areas of each tribe within the portion of land given to the two tribes to minimize and avoid undue social, economic and cultural disruption insofar as reasonably practicable. Provision will be made for the use and right of access to land or indentified religious shrines of both tribes within or on land allocated to the other tribe. Surface and subsurface lands can be partitioned unequally as long as the overall values to each tribe are equal. Lands given to each tribe should be contiguous with the reservation itself. The Secretary of the Interior is authorized to transfer 250,000 acres of public land in Arizona or New Mexico to the Navajo Tribe, and the navajos must pay the fair market value for the lands which will be transferred to them in trust. Ralocation Coamissioa Within 60 days of approval of a negotiated settlement between the tribes or the preparation of a settlement plan devised by the District Court of Arizona, the Interior Secretary must appoint a Navajo and Hopi Indian Relocation Commission, which will elect a chairman and vice chairman. The Commission must meet within 60 days of its appointment, and will have an executive director and staff and annual budget of $500,000. Within the period of the following two years, the Commission must prepare and submit to the Congress a report on the removal of affected Hopis and Navajos from areas partitioned to the other tribe, including their personal property and livestock. The report must contain names of all Navajos and Hopis to be moved, fair market value of the homes and improvements owned by the individuals, plans for moving the individuals, places where the persons will be relocated, together with listings of community facilities available such as water, sewers, roads, schools and health services. The relocation plan would take effect 30 days after the report is submitted to the U.S. Congress. Resettlement of persons must be completed within five years from the time the plan goes into effect. three-memb- er Rusattluoiant A moving bonus of $5,000 will be paid to each household head who moves within one year, $4,000 to a household head who moves within two years, $3,000 to a household head who moves within three years, and $2,000 to a household head who moves within four years. All payments must be made on moving day. Only those persons qualify for payment who have lived in the joint use area longer than one year before the date of enactment of this bill In addition, each household head moving will be given reasonable moving expenses and the cash value of his home and improvements. Each household head would also receive up to $17,000 to purchase a new home for a family of three, and up to $25,000 to purchase a new home for a family of four or more, as long as he purchases his new home within two years. Homes vacated by members of one tribe may be purchased by members of the other tirbe. All such monies will not be subject to federal or state income taxes. The total amount authorized in the bill for resettlement is $31.5 million, which includes $6.4 million for the purchase of old homes, $2 milium for moving expenses, and $23.1 million for new dwellings. Livustock Reductions The Interior Secretary is authorized and directed immediately to begin reduction in the number of livestock now being grazed in the joint use area down to the carrying capacity of the land, and provide for surveys, location of monu- Coetinued on Page 8 o |
