Workshop Minutes (Revised - 05/19/1998)

Area Managers Workshop #15 - Native American Issues

April 28 29 1998

Rapid City South Dakota

Introductions and Welcome

Dennis Breitzman, Dakotas Area Manager

Introduction to the issues

Issues to be addressed are some of the most important and badly needed

Some of the most frustrating and time consuming projects are related to Native American issues

Ambiguous concepts are involved we often dont share common definitions (among Reclamation, among tribes, between tribes and Reclamation)

Opening Remarks

Steve Magnussen, Director of Operations representing Commissioner Eluid Martinez

Expressed Commissioners regrets for being unable to attend attending a meeting with GSA

Should not diminish the importance of the topic

When there are diminishing resources from HIS and BIA, it puts new demands on Reclamation

This may affect other programs

Need to think strategically and more creatively to help the Tribes be successful

The Commissioner has looked specifically at the New Mexico situation in this regard

Some dissatisfaction has been expressed on the Area Manager workshops need to pay attention to this. AMs have complained of :

Not as much control of the agenda

Inability to speak up if it is negative (fear of making career limiting statements)

Need opportunity to discuss this

Agenda change on second morning has added a time for the Area Managers to discuss this

The Basics

Native American Affairs Program:

Chris Kenney, Native American Affairs, Washington Office

The Department has emphasized the need to improve our working relationship with Indian Tribes

Reclamation has made work with Indian a major goal in our Strategic Plan under GPRA

In such forums as the annual conference of the National Congress of American Indians, the Commissioner has committed to Indian Tribes that Reclamation will use its best efforts to bring the benefits of the Reclamation program to Indian reservations

Reclamations primary goals in working with Indian country, should be:

Ensuring that any actions by the Bureau of Reclamation do not adversely impact Indian assets or values;

Developing expertise with which to consult and communicate with Indian tribes, and;

Assisting tribes with the technical resources necessary to lay the groundwork for Indian tribes to develop water and related resources through the Reclamation program

Meeting its obligations to Indian Tribes is one the highest priorities of the Department and this Administration

Helping the Department of the Interior to meet its obligations to Indian Tribes is one of the Commissioners highest priorities

Each Area Office needs to have a working relationship with each Indian Tribe in its area of responsibility.

Some statistics for Indian reservations:

There is over 51.0 million acres on Indian reservations in the Reclamation States

Over 9.0 million areas are leased for agricultural activity on Indian reservations

Over 900,000 acres are included in Indian irrigation projects

Indian Irrigation projects divert over 3.5 million AF of water per year

The total investment on Indian irrigation projects to date is $415.0 million

It is estimated that there remains $364.0 million to complete the existing Indian irrigation projects

The average investment on Indian irrigation is $440 per acre, and $118 per acre-foot.

Trust Responsibility

Adrienne Marks, Native American Affairs, Washington Office

Very complicated issue that may require additional research

Definitions/General

Legal responsibility

Marshal trilogy of cases recognized the trust responsibility

The basis of the responsibility is sovereignty Some sovereignty given up in exchange for the trust responsibility

Why is it still needed today? Maybe not needed, but still wanted by both the tribes and the United States government

Negative: U.S. could negatively impact the trust assets of the tribes (has historically been responsible for negative impacts inadvertent but significant)

Positive: It underscores the unique relationship that the government has with tribes

Define trust asset: - A legal interest in assets held in trust by the Federal government for Indian tribes or individual Indians

Trust responsibility runs to trust resources

Assets: a thing having monetary value (not, for example, educational opportunity)