thority of the director of the Federal acknowledgment project emanato directly from the office of the Secretary. Because of the exceptional nature of the project and because of competing and, many times, conflicting interests within the Bureau of Indian Affairs, the project should not be treated as another Bureau program, as it presently is. We have come to these conclusions after careful thought and they are not to be interpreted as a criticism of the Bureau. We fully realize that the Bureau of Indian Affairs inherited this responsibility through no process of its own. The motivation for our comments is to see that the petitions are reviewed in an objective and expeditious manner. Conducting the review of the petitions and making the determination about which Indians should be federally recognized are tasks which deserve to be placed at a higher level of decisionmaking than it presently is within the Bureau's structure. Because the director of the project and his staff have demonstrated such outstanding qualities and because they have invaluable knowledge and experience, they and the project should be detailed immediately to the Secretary's office for as long as it takes to accomplish the work mandated by the Federal regulations. This would require exceptional administrative action and special funding. Both would be in keeping with the unique nature of this project. If we wait longer to do this, the project will be even more difficult to move because it will come to be more entrenched within the Bureau of Indian Affairs as a program. In conclusion, the goals of the Federal Government should be: First, to provide professional expertise to tribal groups as they develop petitions for Federal recognition. To do this simply requires more funds and more personnel. This, however, arises as a part of the quasi-trust responsibility. Second, the petitions should be reviewed in a more expeditious manner. This could be accomplished with more personnel, and consequently more staff time, which will take more money. With the moving of the project to the Secretary's office, because the move would relieve the director of many Bureau administrative duties which do not directly relate to the project, the petitions should be further expedited. Third, the Federal acknowledgment project and its entire staff should be detailed immediately to the office of the Secretary of the Interior. This would increase the potential for more expeditious and objective assistance and review to the tribal groups. It would reduce the conflict of interest issue for the Federal acknowledgment project's staff as a part of the Bureau of Indian Affairs. It would increase the potential for additional funding, and it would remove the project to a position where it would be less likely to infringe upon the budget established on the band for presently recognized tribes. We appreciate the opportunity to talk with you, and thank you. MS. HARRIS. May I ask Mr. Crawford if he would like to add anything? Senator MELCHER. Surely. Ms. HARRIS. Would you like to make a few appropriate comments, Mr. Crawford? Mr. CRAWFORD. I do not have much more to say. Everything is in the testimony. However, I would like to reemphasize the fine work that the acknowledgment staff has done so far under the direction of Mr. Bud Shapard. As an enrolled member of the Sisseton-Wahpeton Sioux Tribe, I very seldom have anything positive to say about the Bureau of Indian Affairs, but in this case I would like to commend him and his staff to your Office. They are doing a fine job and should be given every consideration for more staff and more resources so that they can do the job better. Thank you. Senator MELCHER. La Donna, Mr. Crawford, and Mr. Blackwell, you have been very active since October 1978, when the regulations were put into the Federal Register, in making sure that Indians across the country became aware of the Federal acknowledgment process. I agree with you. Much more needs to be done. Your statement has been most instructive and helpful to the committee. I do want to say again that I, personally, appreciate and I am sure all the members of this committee appreciate the efforts you have put forth in helping Indian people across the country. We are delighted to have you testify today and are delighted to have the very good presentation, not only orally, but the memorandum which you prepared for us. We thank you all very much. Mr. BLACKWELL. Thank you, Senator. [The prepared statement follows:] PREPARED STATEMENT OF EUGENE CRAWFORD, EXECUTIVE DIRECTOR, NATIONAL INDIAN LUTHERAN BOARD; LADONNA HARRIS, PRESIDENT, AMERICANS FOR INDIAN OPPORTUNITY; AND CHARLES W. BLACKWELL, PRESIDENT, AMERICAN INDIAN TRIBAL GOVERNMENT & POLICY CONSULTANTS, INC. The efforts of the National Indian Lutheran Board, American Indian Tribal Government and Policy Consultants, Inc. and Americans for Indian Opportunity to assist nonfederally recognized American Indians as they attempt to enter into a Federal trust relationship has been closely coordinated and it is appropriate that this written testimony be presented jointly. We have worked together to provide training and technical assistance to tribal groups in the Federal Recognition regulations, the Federal review process and preparation of petitions for Federal recognition. This has been accomplished through preparation and presentation of a series of nine one day workshops in different cities across the country. Our efforts were initiated by Mr. Crawford and the National Indian Lutheran Board in response to numerous requests by tribal groups for assistance in the Federal Recognition process. The NILB funded and sponsored three one-day workshops between April and October, 1979, in Atlanta, Boston and Portland. Charles Blackwell, through American Indian Tribal Government & Policy Consultants, Inc., developed materials, secured the resource staff and presented the workshops. The response by the tribal groups and the need for assistance which became apparent in these workshops motivated a contract with the BIA Federal Acknowledgment Project Office to provide for an additional four Federal Recognition technical assistance workshops in San Francisco, California; Philadelphia, Pennsylvania; Raleigh, North Carolina; and. New Orleans (Kenner), Louisiana. The Bureau contract, too, was with American Indian Tribal Government and Policy Consultants, Inc., to provide the same basic services as in the NILB workshops. The format in each of the workshops permitted several goals to be accomplished: 1. In-depth discussion of the Federal Regulations (25 CFR 54) and required contents of the petition; 2. Suggested logical and organized approach for preparation of petition; 3. Presented an opportunity to meet outstanding Indian leaders and professionals who had an appropriate expertise to share with the participants; 4. Identification of specific items which would need special attention in the petition; 5. Identified and discussed common and individual Tribal group problems on a regional and local basis; 6. Discussion of individual Tribal group needs and problems on a regional and local basis in a question-answer period; and, 7. Discussion of the advantages/disadvantages of Federal and/or State recognition. In addition to Mr. Crawford, Mr. Blackwell, and Mrs. Harris, the professional staff who assisted with the workshops were: Dr. Rennard J. Strickland (Osage/ Cherokee), John W. Scheppy, Professor of Law and History, University of Tulsa; Ms. Bette Crouse Mele (Seneca), Immediate Past President, Indian Rights Association, Philadelphia, Pennsylvania; John L. Chaves (Laguna), Attorneyat-Law, Tallahassee, Florida; Rev. James L. West (Cheyenne), Program Officer, Interreligious Foundation for Community Organization and U.S. Commissioner to World Council of Churches/Programme to Combat Racism; and Rose Robinson (Hopi), Program Officer, Phelps-Stokes Foundation. In the course of presenting these workshops, contact was made with approximately 450 tribal group leaders and members, tribal historians, attorneys, state officials, and other people who are involved in some capacity in the Federal Recognition effort. These people represented approximately 45 tribal groups. The director and staff of the Feueral Acknowledgment Project were extremely cooperative and helpful with all phases of each of the workshops. They demonstrated a positive and responsive manner in the advice and technical assistance they provided to the tribal groups through the workshops. The FAP staff and office responsibilities will be discussed in-depth later in this presentation. The next effort to assist tribal groups was a meeting held in Albuquerque, New Mexico in April 1980, sponsored by American Indian Tribal Government and Policy Consultants, Inc., and Americans for Indian Opportunity to bring together individuals, private organizations and appropriate federal agency officials who have an interest, responsibility, or the capability to be helpful to tribal groups as they utilize 25 CFR 54 to petition for Federal Recognition. The meeting was successful in several ways: 1. Each participant became aware of the federal recognition technical assistance efforts and capabilities which exist for tribal groups. 2. There was an opportunity to discuss the petition preparation technical assistance needs of tribal groups and joint efforts in which each organization could participate to provide this assistance. 3. A commitment to provide a maximum, coordinated effort to provide necessary professional resources to tribal groups. The participants in the meeting and the agenda are attached. The general consensus of the meeting was that there is a defined need to establish a Federal Recognition Resource Center. The National Indian Lutheran Board has applied to the Development Assistance Committee of the American Lutheran Church for a grant to provide funds for initial expenses involved in establishing such a center. The purpose and function of the center will be to coordinate the requests for the necessary professional expertise each tribal group must have to prepare a petition for Federal Recognition. Specifically, the proposed function of the center would be to: 1. Compile lists of ethno-historians, attorneys, anthropologists, genealogists, tribal government experts, and writers who would be available, on a regional basis, to provide assistance; 2. Receive and coordinate requests for assistance from tribal groups; 3. Disseminate information about Recognition petition requirements and available professional services to tribal groups; 4. Brief and train the experts on the Recognition petition requirements and suggested approaches to the preparation of petitions; 5. Provide on-site services to tribal groups in Recognition petition preparation; 6. Locate and notify tribal groups throughout the country about the opportunity to petition for Federal Recognition; 7. Solicit and secure funding for continuation of all the above mentioned services. This portion of the testimony has outlined the involvement and technical assistance activity of each of our organizations in the Federal Recognition effort to this time. Following are observations based on the involvement and experience we had in the workshops and from the individual technical assistance efforts we have made. I. NEED FOR TECHNICAL ASSISTANCE For a tribal group to successfully draft a petition for Federal Recognition, it must have the services to some degree, of a lawyer, an ethno-historian, a genealogist, a writer, and a tribal government specialist. A combined effort of these people with special expertise is necessary. The workshops clearly demonstrated this premise in two ways: (1) With the resource people who assisted in the presentations, and (2) more specifically, by informing the tribal groups about the necessary professional expertise each would need to develop a recognition petition and the suggested methods for securing these people. Obtaining these professional services required not only knowledge about the availability of people in these fields, but also the funds to pay professional fees. Approximately 90 percent of the groups we met with had no source of funds for these services and no knowledge about how to contact professionals in the various fields. Some means for securing these professionals and helping the tribes pay for the services fees must be explored. Technical Assistance in the petition-preparation process is essential and greatly needed by the tribal groups. The primary focus of the present Bureau Recognition Project staff is necessarily directed to the review of petitions. To expect them to provide initial preparatory technical assistance not only creates the appearance of a conflict of interest, but also with the responsibility for petition review and providing post-review assistance to correct deficiencies, it further creates an unreasonable burden for the Project staff. It is suggested that a resource list of professionals who would be available to tribal groups for assistance in initial preparation be compiled. This list would cover each major area of professional expertise and disclose any conditions of availability. These people should be briefed and trained prior to actually giving services. Having these people on a list and briefed in the basic requirements for Federal Recognition would help assure their availability to tribal groups. This would, in turn, provide continuity and more cohesiveness in the preparation of petitions and reduce the time necessary for the review process. II. SPEEDY REVIEW It must be stressed that thorough and accurate preparation of a Recognition petition probably will be a long and time-consuming process. A general rule for the petition preparation by the average tribal group would be from eighteen to twenty-four months based on the nature and number of the group. Presently, with the number of people who are on the Project staff to conduct the review, the actual number of petitions which have been submitted to the federal government, the number of petitions in preparation and with the potential number of tribal groups who intend to submit petitions, it could very well be twenty to twenty-five years before the activity under 25. CFR 54 has been completed. Much of this time necessarily will be consumed in the review process. Definite measures must be taken to reduce the time for the review to a more reasonable period. Additional funds to hire more personnel may be appropriate. Also, the entire present Project staff should be placed on a permanent, full-time employee status to provide a greater measure of employee job security. This would more likely assure the Bureau of expeditious continuity in the work of the Project because the staff would be secure in their positions. It seems reasonable that the Bureau should not administer this office from a short-term perspective. III. PROJECT STAFF OBSERVATIONS The Federal Acknowledgment Project staff has displayed a committed attitude and a cooperative spirit as we have worked with them to present these workshops. In their relationship with tribal groups, it appears they have been required to provide too many services based on their number and budgetary limitations. It appears the magnitude of the work for the FAP staff may have been underestimated. As an example, the nature of the technical assistance responsibilities of the FAP staff should be reviewed. Providing technical assistance on development of petitions which they, then, must review creates a quasi-conflict for the Federal Acknowledgment Project staff. The limits and scope of the technical assistance they provide to the tribal groups should be clearly defined to avoid this situation. It is now necessary for them to strictly adhere to the fine definition of providing technical assistance and giving direction without actually doing the work for the tribal groups. This has been a difficult role and has required a sensitive approach which the FAP staff has proven to be most capable of fulfilling. The fact remains that providing technical assistance without any limitations creates the potential for an unrealistic workload on the FAP staff. It appears the Bureau may have further difficulties because of the controversial nature, as some persons and recognized tribes would view it, of the Bureau's efforts to assist with the Federal Recognition of these tribal groups. The political views and self-serving opinions of recognized tribes, individual members of those Tribes, and Bureau employees do not influence to any degree the trust responsibility which arises in providing assistance in gaining recognition to these groups. If the political pressure of recognized tribes and the Bureau's present service obligation to those Tribes prevents it from doing a fair, reasonable, and effective job of implementing the Federal Recognition Regulations, 25 CFR 54, then another federal agency should be assigned the task. As more tribal groups and Indian people become federally recognized and enter into a trust relationship with the federal government, the social and political impact of the national American Indian community will be increased to a much greater extent. Each shift in the Federal Indian policy has produced results that have been beneficial as well as harmful, well-planned as well as compulsive and lasting as well as short-lived. The Federal Regulations which provide an opportunity for thousands of Indian people to enter into the federal trust relationship have been thoughtfully well-planned and they will have a lasting and beneficial effect on the entire American Indian community. For these reasons, they deserve a full, carefully planned and objective implementation. CONFERENCE ON FEDERAL ACKNOWLEDGEMENT OF AMERICAN INDIANS (25 CFR 54) ALBUQUERQUE, N.M., TUESDAY, APRIL 15, 1980 Hosts: Americans for Indian Opportunity and American Indian Tribal Government and Policy Consultants, Inc. Guests: David Lester, Commissioner, ANA-HEW; Ron Esquerra, Associate Commissioner, ANA-HEW; Lucille Echohawk, Special Assistant, CSA; Bette Crouse Mele, Past President, Indian Rights Association; John A. Shapard, Jr., Director, Federal Acknowledgment Project, BIA; John Wabaunsee, Esq., Director, Indian Desk, Legal Services Corp.; Sharon Eads, Esq., Indian Desk, Legal Services Corp.; Max Richtman, Senate Select Committee on Indian Affairs; Gene Crawford, Executive Director, National Indian Lutheran Board; and Dr. Rennard Strickland, Professor of Law and History, University of Tulsa. 9 a.m. Welcome and Purpose: LaDonna Harris, President, Americans for Indian Opportunity; and Charles W. Blackwell, President, American Indian Tribal Government and Policy Consultants, Inc. 9:30 a.m. The Federal Recognition Regulations: Charles W. Blackwell. 10 a.m. The Federal Recognition Project: John A. Shapard, Jr. 10:45 a.m. The Need for Technical Assistance: Bette Crouse Mele, Eugene Crawford, and LaDonna Harris. 11:15 a.m. Recognition T/TA Projects and Capabilities: Organization Reports: A. American Indian Tribal Government and Policy Consultants, Inc.-Charles Blackwell. B. Americans for Indian Opportunity-LaDonna Harris C. National Indian Lutheran Board-Eugene Crawford D. Federal Acknowledgment Project-John A. Shapard E. HEW-Administration for Native Americans-Ron Esquerra F. Legal Services Corporation-John Wabaunsee G. Senate Select Committee on Indian Affairs-Max Richtman |