Siletz news /, June 01, 2001, Page 3, Image 3

CHAIRMAN’S REPORT
NOV Settlement
Agreement Reached
addressed at another time by tribes or bring a unique blend of skills,
the National Indian Gaming experience, and background that will
Association.
Regarding the Notice of Violation
serve him well as assistant secretary for
The Settlement Agreement resolves Indian Affairs ... his compassion for
(NOV) that the National Indian Gaming
all outstanding issues and the parties Indian issues, decisive management
Commission (NIGC) issued against the
agreed not to take any further action on skills, and ability to facilitate dialogue
Siletz Tribe, I am pleased to announce
the dispute. The Settlement Agreement will help to improve this program and
that we have finally reached a
constitutes full and final settlement of the relationship of the department with
satisfactory settlement. The NOV and
the NOV and CFA.
the Civil Fine Assessment (CFA) have
Indian tribes around the country.”
been dismissed.
It was, as I stated earlier, a long and
Although most of his background
difficult ordeal. We’re proud, however, has been in Oklahoma politics and
It has been a long and difficult
of the fact that we didn't give in, as administration, McCaleb has served on
ordeal for the Siletz Tribe, which began
some people had suggested. That would bodies dealing with national Indian
when the NIGC issued the NOV in June
have been an easy route for us to take, issues. In the Nixon administration,
2000 against the Siletz Tribe, the Tribal
but we would have been derelict in McCaleb was appointed to the National
Council, and individual council
Chairman Delores Pigsley
fulfilling our obligations as a Tribal Council on Indian Opportunity. A
members. The NOV alleged that in
1999, the Siletz Tribe violated the Department of the Interior’s Office of Council. We’re satisfied with the results decade later, President Reagan
Indian Gaming Regulatory Act, the Hearings and Appeals. The case didn’t of the Settlement Agreement. Finally, appointed him to the Indian Reservation
Economies Commission, although
tribe’s compact with the state of Oregon, get to the hearing stage, however, the NOV and CFA are now behind us.
some tribal leaders have questioned the
tribal ordinances, and NIGC because both parties agreed to make an
position of the commission on issues
regulations. The NOV was followed by effort to negotiate a settlement. After
BIA FY2003 Budget
such as tribal sovereignty.
the issuance of a proposed $10,000 extensive negotiations, a settlement was
Formulation
But that was then. In his recent
CFA against the tribe.
agreed upon and signed by both parties
In the April issue of Siletz News, I
letter to Secretary Norton dated March
The NOV not only was posted on in early May.
reported on the Bureau of Indian Affairs
the NIGC Web site, but NIGC officials
While the NIGC had been unable FY2002 budget and preliminary issues 9, 2001, McCaleb stated, among other
made unsubstantiated allegations to provide any evidence to support its involving the FY2OO3 budget things, that, “The responsibilities of the
assistant secretary must be compatible
against the tribe to the press before the allegations, the Tribal Council provided formulation.
with the BIA mission ‘to preserve,
tribe had an opportunity to refute NIGC with abundant evidence to prove
During the week of May 9-10, a
the charges.
that neither the Tribal Council nor follow-up national BIA budget meeting protect, and enhance the tribal and
During settlement negotiations, individual council members violated was held in Washington, D.C., with all individual Indian estate held in trust by
NIGC representatives acknowledged any law or regulation governing the use regional directors, budget officers, and the U.S. ... for the benefit of Native
that their press statements accusing of comps. The administrative judge three member tribes from each of the Americans ... to enhance and advance
the circumstances and opportunities of
Siletz Tribal members of receiving assigned to hear the appeal dismissed
10 regions in attendance. I, together
personal loans and gifts were, in fact, the NOV and CFA and also was a with Ron Allen of the Jamestown Band Native American people through
about other tribes and not Siletz. They signatory to the Settlement Agreement. of Clallam and Chairperson Colleen govemment-to-govemment interaction
didn’t, however, see a need to retract The $10,000 civil fine was dropped Cawston of the Colville Tribe, and development of federally
recognized tribes.’” His letter also states
those statements.
because the NIGC had no evidence to presented Northwest regional issues.
that “Tribal self-governance and
By taking the actions that it did, support it.
We testified that the government
economic self-sufficiency are
NIGC violated its own stated policy of
The Siletz Tribal Council did agree needs to live up to its commitment on compatible goals and should be
consulting with tribes before issuing to clarify, refine, and formalize the education, tribal jurisdiction, and law
NOVs or CFAs. During settlement tribe’s comping policies and procedures enforcement, to name some of the emphasized by the Office of the
Assistant Secretary.”
negotiations, the NIGC agreed to follow - refinements we would have made priorities, and that they be fully funded
His concluding comments
its established consultation policies without the NOV. Ever since the Siletz and the contract support costs be fully
in any future interaction with the Tribe initiated gaming as a tribal funded. We will have follow-up regarding the funding of Indian
programs, however, are troubling. He
Siletz Tribe.
enterprise, our gaming policies and meetings and are committed to lobbying states, “Currently, a strong emphasis is
Because the dispute dragged on for procedures have undergone continuous our positions.
being placed on the need for additional
months before a settlement was reached, internal review and refinement. Our
funding from Congress for the
some people, including tribal members, comping policies and procedures also
implementation of self-determination
McCaleb Nominated as
urged the Tribal Council to admit we would have undergone the same
policy and programs. Additional
Assistant Secretary of
were wrong, pay the $10,000 fine, and scrutiny and refinement without
program funding may be inappropriate
get this problem over with. I am proud NIGC’s intervention. We regret that
Indian Affairs
until the efficiency of the current system
of the fact that our Tribal Council stood NIGC thought it was necessary to resort
Neal McCaleb, a member of the for the delivery of services is evaluated.”
firm throughout this ordeal. It would to issuing the NOV and CFA, Chickasaw Nation and Oklahoma
Let’s hope that he soon will see the
have been irresponsible for us as tribal actions that were drastic and Secretary of Transportation, was
need for adequate funding of Indian
government officials not to challenge totally unnecessary.
nominated by President Bush to serve programs to meet the pressing needs of
NIGC’s unfounded allegations.
Throughout this long controversy, as assistant secretary of Indian Affairs. Indian tribes. There are many tribes that
Convinced of the rightness of our the Tribal Council never acknowledged Recently appointed Secretary of the
position and unable to convince the that NIGC had authority over Class III Interior Gale Norton, under whom can’t wait for another study to evaluate
NIGC, we appealed the case to the gaming, an important issue left to be McCaleb will serve, said “McCaleb will “... the efficiency of the current system
for delivery of services.”
June 2001
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Siletz News
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