indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Dynamic Homes
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
Swimmer to retain control of Indian appraisals
Tuesday, April 6, 2004

Dozens of Department of Interior employees won't lose their Indian preference status under a recent decision by Special Trustee Ross Swimmer.

In a short letter to Secretary Gale Norton and other top officials, Swimmer said the employees will not join the Bush administration's consolidation of appraisal services within the department. Swimmer cited tribal opposition to the proposal, which would have impacted Indian preference, tribal priority allocation funds and self-determination contracting and compacting.

"This agreement will accommodate several concerns raised at the meetings held on this issue and submitted in writing from tribal leaders," Swimmer wrote on March 31.

Swimmer's decision comes after several months of discussion with staff and Indian Country. Last fall, the Office of Special Trustee held three meetings to take input on joining the new appraisal office, located within Interior's National Business Center.

Tribal leaders objected to the substance of the consolidation as well as the way they were being consulted. The first meeting was held on short notice in Oklahoma, drawing just a handful of people. Subsequent meetings in Las Vegas and Rapid City drew more complaints.

"To hold a consultation session in Las Vegas for Alaska Natives is insulting," said Ed Thomas, president of the Tlingit-Haida Tribe of Alaska, in Senate testimony last month.

Swimmer and other OST officials said there would be several benefits with consolidation. They argued that the process would be more independent and result in more accurate appraisals of Indian trust lands.

But tribal leaders challenged the impact on Indian preference for nearly 70 appraiser positions. A legal opinion issued last October concluded the employees would lose their status if they moved to the new office.

"What I have a hard time understanding is that you people are supposed to be dealing with the Indian tribes, with the Indian people, and so why would you want to not have our people allowed to work within our own reservations?" asked Deb Louie, a council member for Confederated Colville Tribes of Washington, at the Las Vegas session. "I don't understand that."

Tribes also challenged the transfer of nearly $11 million in tribal priority allocation (TPA) funds, a pot of money used for services on the reservation level. Under the consolidation, the money would have been mixed with funding from other agencies that don't perform appraisals of Indian land.

Another objection centered on self-determination and self-governance agreements. Tribes questioned whether they would be able to contract and compact for appraisal services under the consolidation. With the exception of the Bureau of Indian Affairs, Interior agencies are reluctant to enter into these arrangements.

Tribes also worried that the consolidation would do little to improve meager staff levels in regions where appraisals are most needed. The Great Plains and Rocky Mountain regions, for example, have just one or two appraisers for millions of acres of land.

"To me, where I come from, if I have some tracts of land that need to be appraised, I certainly ain't going to depend on the Billings area office to provide that, because there's nobody there and there's no money there," said Alvin Windy Boy, chairman of the Chippewa Cree Tribe of Montana, at the Las Vegas meeting. "If I want a little piece of land, I'm going to Havre, Montana, or Big Sandy, Montana, or Ingrown Toenail, Montana, somewhere to get it done."

Swimmer responded to these concerns in announcing his decision not to join the consolidation but to enter into an agreement with the National Business Center. The Indian appraisal staff, he wrote, "will remain at the current regional locations and OST will retain the budget for the office. Additionally, as the office stays intact under this agreement, Indian Preference will still apply to these positions ... and tribes will still have the ability to contract and compact with OST for the appraisal function."

Tribes still have a long-standing complaint against the transfer of the appraisal staff from the BIA to OST. Former assistant secretary Neal McCaleb agreed to the move in early 2002 with no prior consultation. Swimmer was not involved in the decision.

The decision meant that BIA continues to fund the appraisal office even though the employees were technically under OST. In the fiscal year 2004 budget, the Bush administration is seeking to permanently remove $10.4 million from the TPA line item and give it to OST.

Get the Letter:
Ross Swimmer to Gale Norton (March 31, 2004)

Relevant Documents:
Indian Preference Memo (October 23, 2003) | Federal Register: Tribal Consultation on Participation by the Office of the Special Trustee for American Indians in the Department of the Interior Consolidation of Agency Appraisal Functions (September 17, 2003)

Special Master Report:
SITE VISIT REPORT OF THE SPECIAL MASTER TO THE OFFICE OF APPRAISAL SERVICES IN GALLUP, NEW MEXICO AND THE BUREAU OF INDIAN AFFAIRS NAVAJO REALTY OFFICE IN WINDOW ROCK, ARIZONA (August 20, 2003)

Relevant Links:
Indian Trust: Cobell v. Norton - http://www.indiantrust.com
Office of Special Trustee - http://www.ost.doi.gov

Related Stories:
Fate of Indian preference in hands of Swimmer (02/04)
Editorial: Reform DOI, not the trust responsibility (11/26)
Tribes and Bush administration still apart on trust (11/20)
Editorial: Indian Country's Ugly Baby (11/05)
Indian employees to lose preference under Bush plan (11/04)
Self-governance tribes fear impact of reorganization (10/09)
Consolidation plan advances at Interior (9/16)
Court report finds undervaluation of Navajo lands (08/21)
Court master releases report on Navajo appraisals (8/20)
Swimmer weighs consolidation of appraisals (8/15)
Navajo trust fund manager targeted in internal probe (07/15)
Indian employees challenging DOI reorganization (06/03)
Navajo leaders criticize upheaval at trust fund office (05/09)
Confusion detailed at Interior (10/16)
DOI land swap program to be reviewed (10/11)
Norton land deal subject of dispute (10/01)
DOI approved $100M land 'giveaway' (8/19)

Copyright 2000-2004 Indianz.Com
More headlines...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Tim Giago: Greedy lawyers and government ruin Cobell settlement (8/27)
Native Sun News: Facility in Montana set to house Indian inmates (8/27)
Gerald Gipp: National strategy needed to reform Indian education (8/27)
Bill John Baker: Cherokee Nation puts youth to work for summer (8/27)
Gabe Galanda: Academia won't tackle tribal disenrollment issue (8/27)
Misty Lynn Ellingburg: 'Four Winds' is a literary magazine for us (8/27)
Another pipeline spills saltwater on reservation in North Dakota (8/27)
Navajo voters oust incumbent president Ben Shelly in primary (8/27)
Three brothers on the ballot for Passamaquoddy Tribe election (8/27)
Former IHS information security officer convicted for child porn (8/27)
9th Circuit sets oral arguments in Big Lagoon Rancheria dispute (8/27)
Forest County Potawatomi Tribe cuts gaming payment to state (8/27)
Cowlitz Tribe sees setback in infrastructure plan for casino site (8/27)
Native Sun News: Tribes take on Air Force over expansion plan (8/26)
Charles Trimble: Pine Ridge -- the Hollywood of Indian Country (8/26)
Doug George-Kanentiio: Iroquois on both sides for War of 1812 (8/26)
Heather Kendall-Miller: GOP candidate a threat to Native rights (8/26)
Fired Oglala Sioux Tribe police officer indicted for taser incident (8/26)
Sen. Jon Tester to hold session on trafficking in Indian Country (8/26)
Hoopa Valley Tribe takes action due to large number of arsons (8/26)
Non-recognized tribe in Texas hails ruling in eagle feather case (8/26)
Jodi Lee Spotted Bear: Supporting Native language immersion (8/26)
Proposal filed for Wampanoag language public charter school (8/26)
Gila River Indian Community mourns loss of first female leader (8/26)
Jose Barreiro: Indigenous leaders hold historic meeting in Cuba (8/26)
Tribes use reservations to restore rare and endangered species (8/26)
Rival factions unite in takeover attempt within Chukchansi Tribe (8/26)
Darlene Miller seeks to be first female Seneca Nation president (8/26)
7th Circuit bars tribal jurisdiction in Indian payday loan dispute (8/26)
Law school in Colorado sets conference on sovereign immunity (8/26)
Mississippi Choctaw family believes same person behind deaths (8/26)
Cherokee Nation to break ground on casino on Indian allotment (8/26)
Stillaguamish Tribe finally secures reservation status for casino (8/26)
Mashantucket Tribe to open retail concourse at casino on Friday (8/26)
Opinion: Predatory gaming companies exploit tribes and patrons (8/26)
Caesars Entertainment debuts $442M urban casino in Baltimore (8/26)
Tim Giago: Farewell to my childhood friend Eugene Long Soldier (8/25)
Mark Trahant: Tapping the power of social media for Native vote (8/25)
Native Sun News: Laguna Pueblo still affected by uranium mine (8/25)
Oliver Semans: Seeing the light on Native voting rights struggle (8/25)
John Hopkins: Navajo Nation Council delegate makes bad choice (8/25)
James Mills: Non-Indian firm helps tribes create stronger nations (8/25)
Navajo voters to narrow field of 17 candidates for president's job (8/25)
Judge Humetewa hands down sentence in Indian child abuse case (8/25)
Scientists publish lengthy book based on study of Kennewick Man (8/25)
Rival tribe spends big in fight over Tohono O'odham Nation casino (8/25)
Eastern Cherokees resist Catawba Nation casino in North Carolina (8/25)
Aquinnah Wampanoag Tribe seeking investors for Class II facility (8/25)
WUWM: Menominee Nation still waiting for off-reservation casino (8/25)
Editorial: Vote on Enterprise Rancheria Class III gaming compact (8/25)
Native Sun News: Indian farmers question Keepseagle attorneys (8/22)
Brandon Ecoffey: Navajo golfer Rickie Fowler is a fast-rising star (8/22)
Oglala Sioux leader and educator Gerald One Feather passes on (8/22)
Indigenous Fine Arts Market kicks off big weekend in New Mexico (8/22)
Gyasi Ross: Native people are all too familiar with police brutality (8/22)
Melanie Yazzie: Border town violence connected to colonization (8/22)
Ray Young Bear: No tribal member wants to be known by R-word (8/22)
Washington Post: Editorial board will no longer use R-word 'slur' (8/22)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.