The BIA has interpreted the word "loans" to refer to any loans and therefore has advised that no loans are available to members of the Tlingit and Haida Tribe because the T&H Central Council has a loan program of its own. (The Central Council is currently considering abolishing its loan program so that Tlingit and Haida people will be eligible for loans (both direct and guaranteed) under the Finance Act. T&H Central Councils' Business Loan Program resources are nearly depleted, and loans have always been limited to $6,000 per individual. The Council believes that our people would benefit more under the programs of the Indian Finance Act.) But the problem was discussed before the House Committee on Indian Affairs October 12, 1973. I have enclosed a copy of the discussion between Congressman Lujan and Mr. Jackson. Congressman Lujan believed that the Central Council was eligible for a loan from the Revolving Loan Fund, and could then establish itself as a relending organization. Southeast Agency feels that the BIA has misinterpreted the above underlined clause, and believes rather that the word "loans" refers to "loans" borrowed from the Revolving Loan Fund. In speaking with various credit officers in the Bureaus' Area Credit & Finance Office, I got the impression that the Bureau in Alaska interprets the act as an equalizing agent giving the rural Natives opportunities which Natives in municipal areas already have access to. Although Natives in urban areas can readily apply to such funding sources as S.B.A., banks, OMBE, etc., this does not necessarily mean they receive the funds they need. In speaking with various people connected in making business loans in the Juneau area, none were able to give a favorable response concerning Tlingit applicants. Southeast Agency does not believe the act is designed to equalize opportunities between rural and urban Natives in Alaska, rather that the Act was designed to develop and utilize Indian resources to the extent that the Indians "enjoy a standard of living . . . comparable to non-Indian neighbors," Urban Tlingit and Haida Indians do not share a comparable standard of living with their neighbors and as members of the Tlingit and Haida Tribe, they should be considered equally along with rural Natives for benefits under the Indian Finance Act.

Any help you can give in helping us understand the intentions of Congress as relates to Tlingit and Haida eligibility to programs under the Finance Act would be appreciated.

Please find enclosed pertinent material relating to the BIA's interpretation of the Indian Finance Act. If you have any questions, please contact me at 907-586-7134.

Thank you, Frank, for looking into this.

Sincerely yours,

JOSEPH G. WILSON,

Native Agency Director.
LILLIAN V. PETERS,

Research Assistant.

APPENDIX II

Additional Material Submitted for the Record by Raymond E. Paddock, President, Tlingit and Haida Central Council

EXHIBIT A

U.S. DEPARTMENT OF THE INTERIOR,

BUREAU OF INDIAN AFFAIRS, Juneau, Alaska, August 30, 1976.

Mr. RAYMOND E. PADDOCK, Jr.
President, Tlingit and Haida Central Council, 180 Seward Street, Room 412,
Juneau, Alaska

DEAR RAY: This is in response to Juanita Corwin's recent requests of how the Juneau Area views the Tlingit and Haida Central Council as it relates to the definitions of P.L. 93-638. Specifically, she asked if we consider the Central Council of Tlingit-Haida Indians of Alaska as a "Tribe" or a "Tribal Organization."

We acknowledge that the CCTHIA was authorized and established pursuant to Public Law 152 of the 74th Congress of June 19, 1935 and Public Law 89-130 of August 19, 1965. For the purposes of those Acts, the United States Government (through the Department of the Interior and Bureau of Indian Affairs) has officially recognized the CCTHIA as the Tribal Governing Body in all matters relating to the judgment funds which the United States holds in trust for the Tlingit and Haida Indians of Alaska. This recognition and trust relationship includes Secretarial (or his Designee's) approval of tribal budgets and attorney contracts.

Based on this historic recognition and relationship, we recognize the Tlingit and Haida Central Council as the tribal governing body of the Tlingit and Haida Tribes of Alaska for the purposes of P.L. 93-638.

Also included in the definition of "Indian Tribe" in P.L. 93-638 is ". including any Alaska Native Village (italics added) or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat 688) which is Federally recognized as eligible by the United States Government through the Secretary for the special programs and services provided by the Secretary to Indians because of their status as Indians." We have difficulty in understanding the rationale and propriety of including regional profit making corporations and village profitmaking corporations in the definition of "Indian Tribe", however, that is not the major issue at this particular time. What is at issue, however, is the inclusion of "any Alaska Native Village" in the definition.

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We do feel the inclusion of "any Alaska Native Village" in the definition is appropriate. Similar to our recognition of the Central Council, the Bureau has also historically recognized villages as "tribes" eligible for many of the special programs and services provided by the Secretary to Indians because of their status as Indians." Villages have been eligible and received grants under the Bureau's Tribal Government Development Program, Federal Revenue Sharing program, Law Enforcement Assistance Act and other programs. More importantly, however, is the fact that villages have historically performed substantial governmental functions through their village councils. Inasmuch as "any Alaska Native Village" is included in the current definition of “Indian Tribe" and nothing in the Act qualifies or limits their status, our interpretation is that villages are also tribes equal in status to the tribal status of the Central Council. Based on this interpretation, we have concluded that, for the purposes of P.L. 93-638, if the Central Council wishes to contract to provide services to villages within Southeast Alaska, the provisions of Subpart 271.2(q) applies, specifically the portion that reads ". provided, that a request for a contract must be made by the Tribe that will receive services under the contract; provided further, that in any case where a contract is let to an organization to perform services benefiting more than one Indian Tribe, the approval of each such tribe shall be a prerequisite to the letting of such contract." (221)

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