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Mr. MASTEN. No. 5. Public Law 280, however well intentioned, provides the terminal aspect to a cancerous situation. Like adding insult to injury, local interpretations of the law have reduced the national policy of self-determination, to shambles. Enforcement of local ordinances have not only dictated but restricted home improvements. The imposition of possessory interest taxes, has and threatens to further reduce Indian income and the zoning of Indian lands has negated development of potentially valuable lands.

No. 6. Actions in the early 1950's by the executive, judicial, and legislative branches of government in the State of California, however well intentioned, resulted in the further deterioration of an already critical situation. The resulting withdrawal of Federal services created a 15-year vacuum, from which our reservations have not yet recovered. Recently, some limited services have been restored, but to date, there has been no consideration by either the Congress or the Federal agencies of the need to compensate for a desperately needed catchup factor.

It would seem appropriate that after having discussed our problems with you, that we should offer some reasonable alternatives.

At no time in the history of this country have a people been so completely dispossessed as were the natives of California. Therefore, we recommend that Congress give serious consideration to extending the limited land base for existing rancherias and reservations. We also recommend that Congress give equal consideration to provide an adequate land base to those identifiable Indian communities that are currently categorized as off-reservation Indians.

The latter recommendation is of particular importance, since the federally funded California Indian Legal Service has embarked on a questionable mission of legal action to open existing reservations to nonreservation Indians. Should this effort, on the part of California. Indian Legal Service be successful, the land base will be proportionately diminished and the near hopeless situation further aggravated.

In consideration of the wide distribution of Indian rancherias and reservations we recommend that special budgetary allowances be effected in California to compensate for the added costs of effectively administering viable programs in this State.

We recommend that Congress abandon its philosophy of criteria for Indian services based entirely on population, and that such criteria in the future include additionally, economic status, poverty level, unique costs of administration, and catchup factors.

Since Congress has provided enabling legislation for the retrocession of State jurisdiction to the Federal Government, and since California reservations are specifically affected, we would like to take this opportunity to urge the California Legislature to take such action as will be required to restore such jurisdiction to the Federal Government.

In conclusion, we urgently recommend that the federally recognized tribes in California share on an equal basis with tribes of other States such funds as Congress hereafter appropriates in fulfilling its trust responsibilities.

To achieve this end, we urge the Congress to specifically direct the Federal agencies to initiate budgetary procedures that will assure small tribes delivery of services commensurate to their needs.

[The recommendations referred to above follow:]

RECOMMENDATIONS

The socio-economic problems that confront California Reservation/Rancheria Leaders are of such magnitude that it would be impossible in this time frame to identify each problem and make specific recommendations. However, the California Tribal Chairmans Association (CTCA) places high priority on the following items and are presented with specific recommendations for your consideration.

1. BUREAU OF INDIAN AFFAIRS (BIA) JURISDICTION

The California BIA Agency has a vast geographical area to serve and attempts to provide services to both residents of the Reservation and to individual Indians living in rural areas of California are extremely difficult. Combined, the Native California population as estimated by the BIA is over 40,000 people. Of this number, over 12,000 Indians have direct affiliation with Reservation tribal governments, usually by being on the Tribal Roll or by being married to an enrolled Tribal member.

However, when the BIA budget is allocated, consideration is only given to serving Indians who reside on the Reservation proper. Although efforts are made to service as many Indians as possible, the BIA often has to set priorities on the service population and the major proportion of the monies are targeted for the Reservation population. As a result, the Indians residing in rural areas of California react to ths distribution process, which often takes the form of a direct verbal attack on the leadership of the respective tribal government. If the budget amount allocated to California is analyzed, it would reveal that the BIA has very little resources to take the necessary steps to adequately plan and develop a program designed to provide a vehicle for the Reservations to be self sustaining or to compete in today's dynamic changing society.

Recommendations

To alleviate the problem as discussed above, the CTCA recommends that the committee:

1. Approach the problem as two separate problems, that is that the Reservations who have diverse problems such as roads, timber management, land use planning, etc., be considered as a situation separate, and that the non-land based Indians be considered as a separate problem in relation to their needs and priorities.

2. During the budget process, separate amounts be specifically marked for Reservation roads, education, housing, etc., and that non-land based Indians be given an appropriation based on their needs and priorities.

Comment

We believe that this approach will be conducive to alleviate the "in fighting" of tribal groups and non-reservation based groups.

II. BUREAU OF INDIAN AFFAIRS REORGANIZATION

It is our understanding that the BIA is preparing a major reorganizational plan with emphasis on decentralizing the Washington, D.C. central office. Recommendations

CTCA recommends that in the event a plan for reorganization of the BIA is formulated. these items be a part of the plan:

1. That decision making authority be placed with the Superintendent on the agency level, and

2. The portion of the allocated budget for the respective areas also be placed at the agency level, and

3. That the Area Office provide technical assistance to the Agency level rather than remaining an administrative unit.

III. PLANNING

The need for comprehensive planning is paramount for future human and resource development on the Reservation/Rancherias of California. Historically, the Tribes of California have taken a reactionary approach to problem solving: thus, solutions to the total problem facing the tribal leadership is being approached on a episodic basis. This approach has been unsuccessful and is reflected in the poor standard of living for the residents of the California Reservation/ Rancherias.

Recommendations

1. In fiscal year 1973, the Washington, D.C. Central Office had approximately $700,000 allocated for Reservation planning. We recommend that this committee investigate the disbursement of these funds. These funds were designated as a line item in the Presidents budget which was passed by the U.S. Congress. We request that the findings of this investigation be reported.

2. Further, we recommend that funds be provided to the Sacramento Area BIA office with the funds to prepare a reconnaissance report, which is a necessary prerequisite for obtaining a statewide U.S. Housing and Urban Development "701" Comprehensive Planning Grant.

IV. TRIBAL GOVERNMENT

There is no question that the key to development on the California Reservation/Rancherias hinges on the ability of the Tribal Governments to plan and implement programs and to govern in general. The Tribal Governments need to be reinforced. To strengthen the Tribal Governments in California we offer these specific recommendations.

Recommendations

1. The BIA should expand the "Aid to Tribal Government" programs in California to include all of the Reservation/Rancheria who can exhibit a need for these funds.

2. The Department of Interior should provide a mechanism for contracting BIA services to Tribal Governments under the "By Indian" contracting concept. 3. The approach that the BIA utilized in the "Indian Action Team" concept should be expanded to Tribal Governments on a consortium of Tribal Government. 4. The "Reservation Acceleration Program" should be expanded to include all of the California Reservation/Rancherias. A special technical assistance team could be set up in a central location to provide the necessary services to monitor the progress; to coordinate state and federal agency activities; and to provide direct assistance as requested.

V. BUDGET

It is requested that this Senate committee review the budget of the Sacramento BIA area office and that appropriate action be taken by Congress if inequities exist in the amounts of monies allocated in relation to the needs of California Indians.

VI. WATER RIGHTS

The CTCA recommends that a concerted effort by the Department of Interior be initiated to inventory the surface and underground water on each California Reservation/Rancheria. Assistance should be provided the Tribe for adjudicating water rights from surrounding communities.

VII. PUBLIC LAW 280

In recognition of the inequities, to the Tribes, created by the transfer of Criminal and Civil Jurisdiction to the various States, Congress has provided for retrocession of these Jurisdictions.

Of necessity, our course of action inevitably leads to the difficult task of convincing the California Legislature and the California Public Lands Commission of the need for retrocession.

While we understand, how the Secretary of Interior will resume responsibilities for Civil Jurisdiction, it is not clear to us how Criminal Jurisdiction will be implemented. Likewise, the State, in its deliberations, will be concerned about the continuity of law enforcement.

We are not aware of any specific guarantee provided by Congress or the Secretary that will assure an orderly transfer of Criminal Jurisdiction to the Federal Government.

Will Law Enforcement services be contracted with the Tribes or consortium of Tribes? If so, are there provisions for training officers and tribal judges? Will existing Federal Law and Order agencies assume their responsibilities? Will the Secretary contract these services with local or state agencies?

These are questions that must be answered.

Recommendations

We therefore recommend that Congress, either by its own actions, or by direction of the Secretary, specifically provide the mechanics and the means for reassumption of Criminal Jurisdiction.

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