Spilyay tymoo., May 29, 1981, Page 5, Image 5

Spilyay Tymoo
May 29,1981 PAGE 5
Issues confront Smith in Indian Affairs position
Reprinted from The Oregonian
by Lynn Engles
With his confirmation April
14 by the U.S. Senate, Ken
Smith, a 45-year-old Wasco
Indian and former general
manager of the Warm Springs-
Indian Reservation became the
second man to hold what many
believe to be one of the most
thankless jobs in government.
The job of assistant secretary
of the Interiorfor Indian affairs
was created b President Carter.
Priot to that time the top job
relating to Indians had been
commissioner of the Bureau of
Indian Affairs, who had to
report to an assistant secretary
who also was responsible for
other bureaus within the
sprawling Department of the
Interior. The conflicts inherent
in that arrangement and the
rising importance of Indian
Tribes and the lands and
n a t u r a l r e s o u r c e s th e y
c o n tro lle d p ro m p te d the
upgrading of the job.
However, many of the
conflicts remain, not only
within the Department of the
Interior, but also within the
Bureau of Indian Affairs itself.
The assistant secfcisry must
act as the advocate for Indian
tribes when other bureaus in
Interior differ with the Bureau
on conservation, fisheries,
mining, and land use. And the
BIA must serve tribes from the
Arctic ocean to the Everglades
of Florida, each with different
priorities and needs.
Smith, who was back in
Warm Springs a week ago to
attend a dinner in his honor,
was not unaware of the
problems that go with his new
job, but he also was cautiously
optimistic.
“I’m sure I’m going to go
through some frustrations,” he
said, “but I’ve committeed
myself for four years.
“I ’ve never been a quitter
yet,” he added, “and I’ve never
been on a losing team.”
During his 10 years as
general manager at Warm
Springs, Smith oversaw the
business affairs of one of the
m o st p ro g re s s iv e an d
profitable Indian reservations
in the nation. But as he sat in
his former office and looked
out at the land and the people
he was about to leave to take
the job in Washington D.C. he
already was feeling some of the
frustrations he had talked
about a few minutes earlier.
A group of tribal leaders
from throughout the country
h a d b e e n m e e tin g in
Washington and, angered by
the failure of Secretary of the
Interior James Watt to meet
with them, had written letter to
President Reagan calling for
W att’s resignation.
But Smith was quick to
defend his boss. “I’m impressed
with the administration, and
one of the reasons I’m coming
in is that I’m impressed with
Secretary W att,” he said. “He’s
a te a m le a d e r. H e ’s a
moiivaior. He’s a very sharp
individual, and he wants to see
things happen.’
When asked about the tribal
leaders’ letter, Smith said, “I
do n ’t think they’ve given him a
chance, really. I’m not sure why
they are opposing him, but it is
very disappointing to hear.
They are supposed to be the
leadership of Indian country
and we’re supposed to be
working together with the
secretary, and here they come
out and oppose him. The
secretary hasn’t had a chance to
react to any issue in Indian
country.”
Two of the issues Smith and
Watt are going to have to face
in the Northwest are Indian
fishing rights and Indian water
rights. While the fishing issue
has gained public attention
b ecause of the law suits
resulting in what are known as
the Boldt and Belloni decisions
on Indian fishing rights, few
people are aware that the
treaties signed with Indian
tribes also provide for watér
rights.to make the reservations
viable homelands. In most
cases, however, the amount of
water needed to make the
reservations viable has not
been determined, or quantified.
M any tribes oppose any
quantification, saying that to
set limits today would limit
future growth and develop­
ment and reservations.
Smith agreed that water will
be a “tough issue,” but, he
added, “I’m sure that as trustee
(of Indian lands and natural
resources) we are going to
protect the Indian rights.’
However, he added that he
believed that the time has come
for Indian tribes to quantify
those rights. He said, “ I
understand that some tribes
don’t w«8t to get into this, but I
think that because water i§
getting scarcer—we have to be
able to quantify our water
rights and I believe that the
sooner we do it the better off we
are.”
He said he fears that if the
rights were not quantified now
they would gradually be
c h ip p e d aw ay u n til no
unallocated water was left for
the tribes.
While Smith felt that all
parties in the fishing rights
disputes had “come a long
way,” he also said there still was
a “long way to go.”
“But I think everyone in the
Northwest is finally beginning
to wise up to the fact that 50
percent of a dwindling resource
is not very much,” he said, “and
I think the attitude in the
Northwest is changing to one of
“ How do we enhance that
resource,’ rather than trying to
fight over the last chinook or
steelhead.”
The only way to solve the
fishery problem, he said’, was to
get all parties together to work
as a group to build up runs.
However, he did say that
federal spending cuts could
have an effect on the ability of
the tribes and the states to
increase fish production.
Another issue facing the new
assistant secretary will be the
affect of the administration’s
budget cuts on the Bureau of
Indian Affairs and its ability to
provide services to Indian
tribes. He said he would try to
see that as many of the cuts as
p o s s i b l e c o m e in th e
adm inistrative functions in
Washington rather than in the
programs on the reservations.
Smith admitted that for tribes
with few natural resources and
little to attract industry, the
problems would be severe. But,
"he added, “There’s something
wrong if the feds decreasing
their budget has this kind of
impact on us. We’ve got to
move toward less dependency
on the feds so that when we do
get these budget cuts they don’t
drop us to our knees.
“I feel that tribal government
is the key out there,” he said,
“and if we have good strong
tribal governments then we
are going to be able to solve
some of these problems on a
local level.”
Smith is the first person to
head the federal government’s
Indian programs who has a
s t r o n g b a c k g r o u n d in
reservations program s and
d ecisio n s in W a sh in g to n
actually work at the local level.
His predecessors have either
been bureaucrats or business­
men who had little contact with
reservation life after growing
up.
The Bureau of Indian Affairs
is one of the most vilified
agencies in the fe d e ra l
governments. It takes it knocks
not only from the Indians
themselves but also is held up
as an example of excessive
federal meddling in the lives of
people.
But the BIA is necessary if
the federal government is to
fulfill its obligations under the
treaties with the Indian people.
To abolish the BIA would be to
abandon the federal responsi­
bility. That was tried in the
1950’s under the label of
‘te rm in a tio n ,” and Indian
tribes bitterly oppose any
attem pt to resurrect that
policy.
For Smith, who turned down
the position of commissioner
during the last administration,
the challenge will be to deal
successfully with the competing
interests "'hose differences
have given his new post the
reputation of being one of
Washington’s impossible job.
Lynn Engles is a Portland-
based consultant to Indian
tribes and form er dirctor o f the
office o f public informationfor
the Bureau o f Indian Affairs in
Washington D.C.
Jurisdiction a big issue in Sherars Bridge case
by Pat Leno
A True Bill has been handed
down by the Wasco County
Grand Jury indicting four
W arm S p rin g s re sid e n ts.
Evidence was presented by the
District’s Attorney’s office to
the Grand Jury May 14 on an
alleged incident occurring
April 26 at Sherars Bridge
which is tribally-owned land.
Wasco County officials are
working on the assumption
lan d s p u rc h a se d by the
Confederated Tribes of Warm
Springs after the passing of
Public Law 280 fall under the
jurisdiction of the state. They
are proceeding with the case.
Public Law 280 gives the
State of Oregon jurisdiction
over all Indian C ountry
excluding the Warm Springs
Reservation. Wasco County
officials claim the Sherars
Bridge parcel did not fall under
the description of Warm
Springs Reservation at the
writing of that law in 1953.
The Grand Jury has indicted
Matthew Wewa on one count
of assault in the second degree.
Elmer “ Buzzy” Scott was
indicted on four counts of
c o e rc ip ^ Wipsten Wewa on
four c ftu q t^ p ^ cqc^qion, two
counts of assault in the fourth
degree and one count of
attempted assault in the second
degree. Joe Brisbois was
indicted for four counts of
coercion and a charge of
harrassment.
Winston Wewa’s arraign­
m ent will be postponed.
Matthew Wewa, Buzzy Scott
and Joe Brisbois will be
arraigned in Wasco County
Circuit Court at The Dalles on
June 8 at which time they will
enter their pleas to the charges.
Trial dates will be set on the
court’s docket for the three men
following their arraignment.
The court will proceed with the
trials on the assumption it does
have jurisdiction.
The Jurisdiction Question
Who does have jurisdiction
over Indians at Sherars Bridge'
land parcel? This question is
being asked at this time
following the incident at
Sherars between Indians and
non-Indians. Wasco County
District Attorney Bernie Smith
. claims jurisdiction goes to his
office and to the state'.
Jeffery E. Sanders, Sr., Chief
of Police at Warm Springs,
s ta te d th e T rib e s h ave
jurisdiction. His reasoning is
that the land is held in trust by.
the U.S. çoyerhméht/.fof . thè.
Tribes. 'Tpis„land parcel -is -ai
part of the reservation and does
not fall under the state’s
control.
Chief Sanders will continue
to have the police department
and Game & Range Division
patrol the Sherars Bridge land.
He will continue to assert tribal
jurisdiction over Indians.
It has been the policy for
I n d ia n trib e s to a s s e r t
jurisdiction over lands held in
trust for them by the Federal
Government. This stand is one
in following with the Self-
Determination Act written by
the government in 1974.
At this point in time, the
question has been addressed to
the S o lic to r ’s O ffice in
W ashington D.C. at the
request of Mark Werner,
Bureau of Indian Affairs
Special O fficer at W arm
Springs. The. Solictor is the
office designated to handle
most Indian legal issues within
the government, it is the
general counsel for the Interior
Department.
Even if the Solicitor’s office
hands down a ruling in favor of
the tribal jurisdiction it is only a
ruling and not law. So the state
can still assert jursidiction until
it has been settled in Federal
court or the State of Oregon
offers
retrocession (giving
the tribe jurisdiction and
accepting that piece of land as
being a part of the reservation.)
’ It is still just an issue before
government offices and has not
been solved. So the four men
must go through the state
system.
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