For instance, four research vessels have been or are in the process of being deactivated. They are the Alabatross IV, operating out of woodshole, Mass.; either the Cromwell or the Gilbert, operating out of Hawaii; the Miller Freeman, operating out of Seattle, Wash.; and the Undaunted, operating out of Miami, Fla. The plans of the Bureau also call for closing or sharply reducing the activities of 4 laboratories located in Milford, Conn.; Palo Alto, Calif.; Terminal Island, Calif.; and Ann Arbor, Mich. In our letter to the Secretary, we requested that he appear before a joint session of my Subcommittee on Fisheries and Wildlife Conservation and Congressman Lennon's Subcommittee on Oceanography to justify the action planned in each of the above mentioned cases, as well as any other similar actions he may contemplate in the near future. The Secretary has agreed to send representatives of the Department of the Interior to explain these cuts, and the joint session is scheduled for Friday of this week, April 17. Madam Chairman, I do not have complete information on the impact of these proposed cuts on the various programs previously administered. I am, however, well aware that your distinguished subcommittee has held lengthy hearings on this vital subject, and I want to commend this expression of interest and concern. I also want to express my gratitude for your efforts in support of these most important programs. There is one area of this matter with which I am especially familiar, and over which I am quite frankly-gravely concerned. I am referring to the very disturbing proposal to drop certain programs at the research laboratory in Ann Arbor, Mich. The Bureau of Commercial Fisheries Laboratory at Ann Arbor, Mich., is recognized as one of the world's largest and best equipped fresh water biological research laboratories. It has earned this reputation because of the many contributions to fishery science in fresh water biology. In addition to its primary mission in commercial fisheries research, it has made broad contributions to knowledge of the Great Lakes. It was the Ann Arbor Laboratory that first brought to public attention the seriousness of pollution in Lake Erie and later in Lake Michigan. It has provided outstanding work on pesticides in fish and other aquatic life. Madam Chairman, it is my understanding that-in order to achieve certain economies-the Bureau of Commercial Fisheries is planning to drop research programs at the Ann Arbor Laboratory. As a result of out its entire program that the Bureau of Sport Fisheries will phase out its entie program and that the Bureau of Sport Fisheries and Wildlife will take over the operation of the Ann Arbor Laboratory. According to the Secretary's plans, the Bureau of Sport Fisheries and Wildlife will, in effect, utilize the personnel now employed at the Ann Arbor Laboratory, except for a few of the permanent and temporary employees. However, Madam Chairman, my primary concern about this proposal is the fact that it has not been approved by the Bureau of the Budget. I am greatly interested in seeing that this laboratory continues to provide the research capability that it has in the past, and I would like to strongly urge this subcommittee to study this phase of the President's program very closely and to see that this laboratory-so vital to the Great Lakes area-continues in operation. Mrs. HANSEN. Thank you. BUREAU OF INDIAN AFFAIRS THE OMAHA AND WINNEBAGO TRIBES WITNESSES HON. ROBERT V. DENNEY, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEBRASKA C. W. HOLMQUIST, A SENATOR IN THE NEBRASKA STATE LEGISLATURE Mrs. HANSEN. Congressman Denney, we are very happy to have you with us today. Mr. DENNEY. Madam Chairman, I request unanimous consent to submit my statement for the record and speak to it, if I may, and also a statement of State Senator C. W. Holmquist of the Nebraska State Legislature. Mrs. HANSEN. Without objection, it is so ordered. (The statement follows:) GENERAL STATEMENT OF HON. R. V. DENNEY Madam Chairman and members of the committee, I appreciate your honoring my request to appear before this distinguished committee, I shall be brief and to the point. On April 24, 1969, the Nebraska State Legislature adopted resolution No. 37. This resolution tenders to the United States the retrocession of criminal jurisdiction over offenses committed by or against Indians within the Indian country located in Thurston County. Nebr., except those offenses involving the operation of motor vehicles on public roads or highways. This offer of retrocession is effective July 1, 1970. The offer of Nebraska is to return to the Federal Government a portion of the jurisdiction it assumed in 1953, pursuant to Public Law 280. Under the terms of the resolution, the State would retain civil jurisdiction and criminal jurisdiction only over offenses on the operation of motor vehicles on public roads. There are two tribes, each having its own reservation, in Thurston County, Nebr. They are the Omaha Tribe and the Winnebago Tribe. The councils of both tribes have enacted resolutions expressing their positions on retrocession while the Winnebago Tribe is opposed to any such efforts. It is my understanding that the Bureau of Indian Affairs intends to support the Omaha's bid for acceptance of the offer, to become effective July 1, 1970. Due to the continuing opposition of the Winnebago Tribe to retrocession, no action appears to be contemplated by the Bureau in relation to the Winnebago Indian Reservation at this time. Although it appears that retrocession with reference to the Omaha Tribe will occur on July 1, 1970, I am advised that there are still some problems to be negotiated and the Bureau has indicated that its position of support to the Omaha Tribe in their bid for acceptance of retrocession in no way commits the Secretary of the Interior or the Attorney General. The Bureau feels that any final decision on acceptance lies within the exclusive province of the Secretary, with the concurrency of the Attorney General under the terms of Executive Order No. 11435. However, the State of Nebraska does not concur and the State fully intends to pull its added officers out by July 1. In any event, if the Federal Government assumes responsibility on July 1. the Bureau of Indian Affairs advises that to initiate action to operationalize a law and order program on the reservation, there are a number of factors to be considered, including the question of funds. The Bureau's budget for this fiscal year beginning July 1, 1969, contains no funds for law and order services in Nebraska, nor were such costs taken into account in the 1971 budget presentation. In the total absence of facilities, equipment, and personnel, it will be necessary to establish and implement a completely new program. To accomplish this, the Bureau estimated that an additional $197,000, will be needed for the law and order activity under their education and welfare appropriation for the current fiscal year with 20 permanent and six part-time positions. An additional $249,000 will be needed for the subsequent year. A proposed budget outline for the fiscal years 1970 and 1971 is attached to my testimony and I respectfully request that this committee give its consideration to this matter. Thank you. PROPOSED BUDGET FOR LAW AND ORDER PROGRAM OMAHA INDIAN RESERVATION FISCAL YEARS 1970 (4TH QUARTER) AND 1971 Travel (except for training). General administrative and operational supplies and materials (includes uniforms and police accessory equipment, except firearms). Other expenses.. Equipment 7 police type automobiles with police accessory equipment, including police radios.. 1 police radio (base station)... 1 generator.. 4 typewriters.. 10 office desks with chairs. Firearms (includes personally-assigned weapons and organizational weapons). Other miscellaneous administrative and police investigative equipment, e.g., cameras, black lights, tape recorders, duplicating, etc... Facilities: Police and court building (mobile type trailer, 24 by 60ft.).. Item Jail Building (Mobile Type Trailer, 24' x 60').. 63-Bedroom Mobile Type Trailers (12' x 60').. Total... Grand total. 4th quarter fiscal year 1970 $23, 100 1,500 500 1,800 1,250 3,000 6,000 18, 000 Mr. DENNEY. Madam Chairman and members of the committee, mine is sort of a peculiar problem. I might just abstract it for you. In Thurston County, which is one of the 27 counties in my district, we have two Indian tribes, the Omaha Tribe and the Winnebago Tribe. In 1953 Nebraska appears to have assumed general civil and criminal jurisdiction over these tribes pursuant to Public Law 280. In 1969 the State legislature by resolution tendered to the United States the retrocession of general criminal jurisdiction. The Omaha Tribe has accepted this. The Winnebago has not. We are faced with a situation where one tribe wants to go along by resolution, the Omaha Tribe; the Winnebagoes do not. Then we have the further proposition there was no money in the 1970 budget for the Federal Government to take it over and Nebraska has disclaimed any interest in it as of July 1, 1970. On the last page of my testimony I set out what it would take for the Bureau of Indian Affairs to take this over and they feel this is a matter for the Secretary of the Interior and the Attorney General to make the command decision, but it would take the Bureau, they estimated, an additional $197,000 for the law and order activity under their education and welfare appropriation for the current fiscal year with 20 permanent and six part-time positions. An additional 249,000 will be needed for the subsequent year. And the proposed budget outlined for the fiscal years 1970 and 1971 attached to my testimony and I respect fully request this committee give its consideration to this matter. I will be glad to answer any questions. Mrs. HANSEN. Has the Omaha Tribe accepted the resolution? Mrs. HANSEN. What is going to happen to the Winnebago Tribe? Mr. DENNEY. The Winnebagoes, as far as I understand it, through a tribal resolution has said they don't want to go along with it but Nebraska refused to maintain any law and order after July 1, 1970, on the Winnebago Reservation. Mrs. HANSEN. I think you should ascertain from the Bureau of Indian Affairs what they intend to do in this matter. You can't expect the Winnebago Tribe to pay out of their tribal funds for something they don't want. Mr. DENNEY. The Bureau of Indian Affairs says that it is up to the Secretary of the Interior and the Attorney General of the United States to make that decision. Mr. REIFEL. Madam Chairman, I think we need to have the matter cleared up with respect to the authority of the tribe to accept jurisdiction. You see, under the act that Congress passed to turn jurisdiction over to the States, Nebraska was one of those as was Minnesota, with the exception of two or three other States. And it is my understanding that the State just can't say well, we are going to give it back now without the Federal Government passing legislation to accept jurisdiction. So, I do not think this committee under the circumstances is going to have the authority to appropriate the money because of the legal circumstances that prevail. When I was area director in Aberdeen I had jurisdiction over the reservations at Winnebago and Omaha. We could not use any money for law enforcement. We did try to help by putting in a social workerthat we could do and putting on some youth programs to help reduce maybe some of the law and order problems. But I don't think there is legal authority for us to do this without legislation. Mr. DENNEY. I might say to you, Congressman Reifel, that the attorney general of Nebraska, Clarence Myer, does not submit that Nebraska has ever legally assumed any responsibility under Public Law 280. Mrs. HANSEN. May I suggest that you check with the State of Washington. They had a similar situation. Mr. DENNEY. I have been trying to check this out because I anticipated problems like this when we came to you. I wish I could come and say both tribes are willing but I have to be factual about it. The Omaha Tribe does want it to go back to the Federal Government and the Winnebago Tribe does not want it to go back. Mr. REIFEL. I would think irrespective of whether one tribe want it or not you have the legal problem of whether the Congress is in a position to appropriate any money at all under the circumstances and irrespective of what the Attorney General has said in the State of Nebraska. I think it would be well to get a ruling from the Solicitor of the Interior Department. Mr. DENNEY. There is an Executive Order No. 11435 that I understand provides that with the concurrence of both the Attorney General and the Secretary of the Interior the Federal Government can accept back the jurisdiction where it has been granted to the States. Mr. REIFEL. I think it would be well to get this. Mr. DENNEY. I ask how long will the record be open? Mrs. HANSEN. The record will officially close on April 16, 1970. But you can include substantiating material in the record until Friday night. Mr. DENNEY. I would ask unanimous consent if we could obtain a ruling or whatever material we can to submit it for the record up to Friday evening. Mrs. HANSEN. We would appreciate having the material. Mr. REIFEL. I am very sympathetic with the problem. Mr. DENNEY. It is a real problem to me because they are both in my district. Mr. REIFEL. I wouldn't want you to leave with the feeling I don't want to do something about it. Mrs. HANSEN. I suggest you call the Attorney General of the State of Washington because they had a similar problem. |