Here is a press release from the U.S. Department of the Interior.
I downloaded it from the PR On-Line BBS in Maryland at 410-363-0834.
Bureau of Reclamation Announces Policy to Protect Indian Trust Assets
To: National Desk
Contact: Gertel Harris-Brace of the U.S. Department of the Interior,
202-208-4662
WASHINGTON, July 27 -- Bureau of Reclamation
Commissioner Daniel P. Beard has announced a new policy designed
to protect Indian trust assets from adverse impacts of Bureau of
Reclamation (Reclamation) programs and activities.
"The Bureau of Reclamation has a shared responsibility in
protecting the rights of Indian tribes," Beard said. "The new
policy will help us to assess and mitigate potential impacts on
Indian trust assets." Indian trust assets are legal interest in
property held in trust by the United States for Indian tribes.
Such assets include lands, minerals, hunting and fishing rights,
and water rights.
The Bureau of Indian Affairs, a sister agency of Reclamation in
the Department of the Interior, has primary responsibility for
Indian trust. However, the trust responsibility requires that all
federal-agencies take all actions reasonably necessary to protect
trust assets.
The new policy announced today will be incorporated in
Reclamation's environmental directives by Oct. 1, 1993.
Bureau of Reclamation
Indian Trust Asset Policy
This document describes the Bureau of Reclamation's policy to
protect Indian trust assets from adverse impacts of Reclamation
programs and activities, thereby better enabling the Secretary of
the Interior to fulfill his responsibility to Indian tribes. In
furtherance of this policy, Reclamation will modify its National
Environmental Policy Act (NEPA) Handbook procedures.
Background
Indian trust assets are legal interests in property held in
trust by the United States for Indian tribes or individuals.
Examples of things that may be trust assets are lands, minerals,
hunting and fishing rights, and water rights. The United States,
with the Secretary as the trustee, holds many assets in trust for
Indian tribes or Indian individuals.
The United States has an Indian trust responsibility to protect
and maintain rights reserved by or granted to Indian tribes or
Indian individuals by treaties, statutes, and executive orders,
which rights are sometimes further interpreted through court
decisions and regulations. This trust responsibility requires
that all Federal agencies, including Reclamation, take all actions
reasonably necessary to protect trust assets.
Policy
Reclamation will carry out its activities in a manner which
protects trust assets and avoids adverse impacts when possible.
When Reclamation cannot avoid adverse impacts, it will provide
appropriate mitigation or compensation.
To carry out this policy, Reclamation will modify its NEPA
compliance procedures to require evaluation of the potential
effects of its proposed actions on trust assets. Reclamation will
perform interdisciplinary analyses to assess potential impacts to
trust assets and the consequences of such impacts for the Indian
people who beneficially own the assets. The procedure shall
include format changes in all NEPA compliance documents to
highlight all trust asset impacts. These changes shall include:
--a statement that no impacts to trust assets are anticipated, when
such is the case;
--a clearly labeled section discussing anticipated impacts to trust
assets;
--an Indian trust asset item in the Categorical Exclusion
Checklist.
-30-
-- Nigel Allen, Toronto, Ontario, Canada ae446@freenet.carleton.ca