objects, and art is $700,000, but of course most of these items are irreplaceable at any price. The damage to files must await full evaluation but it is severe. 2. The extent of record destruction, the nature of the records, and the possibility of reconstructing those records. As stated above, we cannot yet give you a firm estimate on the time required to reconstruct or reconstitute records. It will take a period of weeks to refile salvaged papers and determine what is missing. Until the result is known, there is no way we can tell what further effort will be required. It appears clear that there are major areas of trouble in the land records, the personnel files, and tribal roll areas. We are presently investigating the scope of the memory tapes in the Albuquerque Computer Center in this connection. Since the fiscal center of the Bureau is in Albuquerque, it seems that, except for temporary local inconvenience, we have no fiscal record problem. We are presently reconstituting current "in process' submissions from the field. We will not wait upon attempted reconstitution of the local files in this area. 3. The justification for permitting the illegal occupation to continue for six days. Why were they not arrested and removed by force, if necessary? It was evident by mid-afternoon on November 2, though unstated by TBT leaders, that the group intended to stay in the BIA building. As this intent became apparent, the Interior Department and GSA deployed police officers for possible ejectment action. An evening meeting had been planned with TBT leaders and it was determined that evacuation would not be requested until 9 p.m., to be completed by 10 p.m. Later it was determined that such action should be taken only upon the basis of a court order. The situation was an explosive one and underlying all of these decisions was a firm determinination to avoid, if at all possible, any bloodshed. The use of force did not appear advisable at that time, and, in retrospect, the decisions appear to be most sound. The ensuing delays of evacuation were occasioned by an appeal of the District Court order to the Court of Appeals and the latter court established the date and time of evacuation which were met. 4. An explanation of the reason the Indians were not prevented from removing large quantities of official records from the building, and how much removal could be accomplished without the Department's knowledge. The removal of records was accomplished during the period when any attempt to prohibit removal would have occasioned a violent confrontation. As indicated, every attempt was being made to prevent bloodshed and the police did not want to take steps that would have, in all probability, resulted in that type of situation. The Department was, of course, aware that some files were being ruined but we have not as yet determined the extent of removal or destruction of files. 5. An explanation and justification of the administrative decision not to prosecute for the willful and malicious damage to government property. 6. The names of the person or persons who made that decision. These two questions can be answered together since no such decision has been made. The F.B.I. is now making a comprehensive field investigation of all matters relating to this case and, after submission of its report, a decision will be made as to what actions, if any, will be taken against those who occupied and damaged the building and removed the property therefrom. 7. The names and residences of as many Indian participants as you have. A copy of an incomplete list is attached. 8. The amount of Federal money paid to the Indians by your Department or any other Federal agency to cover the cost of returning home. A sum of $66,650 was made available calculated on the basis of ten cents per mile for each vehicle and $6.00 per day for food for each person. Funds available in the Office of Economic Opportunity were determined to be eligible for this purpose with the National Congress of American Indians serving as a conduit to channel the monies to the destitute Indians. No money from this Department was utilized. 9. The twenty demands made by the Indians. A copy of the demands is attached.1 10. The estimated length of time the Bureau of Indian Affairs headquarters building will not be available for normal business. 11. The length of time the BIA headquarters staff will not be able to function normally in temporary quarters. These two questions may be answered together since at the present time we do not possess an accurate estimate of the length of time to restore the BIA headquarters building. The damage is severe and the building will require extensive rehabilitation. 1 The 20 demands will be found beginning on p. 162. 12. Official photographs of the building showing the damage done. The requested photographs are attached. Also enclosed is a copy of the Chronology of Events relating to the occupation of the BIA building. We appreciate your interest in this matter and will respond more fully as facts are available. Sincerely yours, ROGERS C. B. MORTON, Enclosures. CHRONOLOGY OF EVENTS (1972) Friday, October 13 National Park Service ("NPS") received a Notice of Proposed Demonstration from the attorneys for the Trail of Broken Treaties ("TBT"") noticing demonstration activities for October 31 to November 7. TBT proposed camping and demonstration activities on national park land and activities in Arlington National Cemetery ("Arlington”). Tuesday, October 17 NPS sent letter to TBT setting forth regulations regarding the camping on park lands and other supplementary information. Friday, October 20 10 a.m.-NPS and other Government agencies met with TBT representatives. TBT agreed not to use park lands for camping purposes. Details concerning TBT's proposed use of park lands, Arlington and the Capitol grounds were discussed and further meetings arranged. 11:30 a.m.-Department of the Interior ("Interior") and National Council on Indian Opportunity ("NICO") officials and representatives of other agencies met with TBT representatives, TBT representatives of other agencies met with TBT representatives. TBT representatives indicated that living accommodations were being arranged by the group and all they needed with a place to hold evening meetings in case of inclement weather. The Departmental Auditorium at 12th and Constitution was offered for this purpose. Friday, October 27 10 a.m.-NPS and other Government agencies met with TBT. Details of TBT's proposed demonstration activities were discussed. TBT informed those present that adequate living accommodations had been arranged by TBT through the private sector. Monday, Tuesday, October 30, 31 Interior and NCIO officials met with TBT representatives. TBT made no request for living accommodations or other logistical assistance. The TBT representatives did express a need for a meeting place at which they could, each evening during their visit, hold briefing/plannings sessions. It was arranged that the GSA Auditorium at 18th & F Streets, N. W., would be made available for this purpose. This location was in addition to the use of the Departmental Auditorium mentioned above. Wednesday, November 1 At the request of TBT representatives, NCIO contacted the Office of the Secretary of the Army ("OSA") to attempt to mediate the difficulties they were encountering in getting a permit to hold ceremonies at Arlington Cemetery and a meeting was set up. Shortly before the meeting time a call was made to the TBT offices asking if they were going to make the meeting; and the response was that they ". . . were tired of talking and that OSA could take their plan as it was." In order that the TBT "Steering Committee" would understand the degree of cooperation being offered by the Administration, what had been decided upon by their advance representatives and what physical arrangements had been made for them, a letter was hand delivered to all members of the "Steering Committee" and others involved with them in the caravan visit. Thursday, November 2 8:30 a.m.-Interior officials were informed by TBT that their accomodations at St. Stephens church were inadequate and they were coming to the BIA Building for consultation. Attorneys for TBT filed a complaint against Department of Defense essentially requesting that court permit TBT to conduct certain ceremonies at Arlington. 9:30 a.m.-Interior officials met with TBT representatives in the BIA Building. TBT demanded that the Government provide living accommodations. Interior officials agreed to look into the possibility of finding accommodations. 1-4:30 p.m.-Throughout the afternoon, Federal officials and TBT representatives visited a number of prospective housing sites; however, all were rejected by TBT representatives. Federal officials had explored every possible, legal means of providing the requested housing accommodations. 3 p.m.-Interior officials met with TBT representatives in the BIA Auditorium and informed TBT that the Departmental Auditorium was available. Arrangements were made for TBT representatives to meet with other Government officials at 8:00 p.m. 4:30 p.m.-TBT representatives informed Interior officials that TBT had voted to reject the offer of the Departmental Auditorium. At this time, it appeared that TBT might intend to remain in the building. Subsequently. Government officials decided that an 8:00 p.m. meeting would be held after which any further necessary action would be considered. GSA Security Officers and the police were alerted as a contingency measure whereby, if discussions failed, TBT would be given one hour following the 8:00 p.m. meeting to vacate the building; thereafter, the police would evict the remaining demonstrators. 8-10 p.m. (midnight)-Government officials met with TBT representatives, without progress from the Government's point of view. Following this, Government officials decided to remove TBT from the BIA Building by process of law-i.e., a court order. Friday, November 8 11 p.m.-Department of Justice received Interior letter requesting Justice to take legal action to secure removal of TBT from BIA Building. 1:30 p.m.-Hearing held before Judge Corcoran, U.S. District Court, on the TBT request for permit to conduct ceremonies at Arlington. 2 p.m.-Hearing held before Judge Pratt, U.S. District Court, on Government's motion for Temporary Restraining Order (“TRO”) against TBT occupation of BIA Building. 4-5 p.m.-Request for permit to use Arlington denied by Judge Corcoran and Judge Pratt issued TRO requiring TBT to vacate BIA Building. 5 p.m.-TBT filed motion with U.S. Court of Appeals for reversal of Judge Corcoran's decision prohibiting activities in Arlington. 5 p.m.-Interagency meeting held at Justice to review situation and determine course of action. Plans formulated to enforce TRO and to evict TBT at approximately 6:30 a.m. Saturday morning. 7 p.m.--Efforts to obtain housing, etc., for TBT intensified and Departmental Auditorium opened. 7:45-10 p.m.-U.S. Marshals negotiate with TBT at BIA Building regarding peaceful service of TRO and possible evacuation of BIA Building by TBT. 10 p.m.-Service of TRO commenced and notice given to TBT to vacate by midnight. Saturday, November 4 12 p.m. (midnight)—TBT refused to leave BIA Building. 2:30 a.m.-Hearing held before Judge Pratt on order for arrest and to show cause. 3:30 a.m.-Judge Pratt delayed issuance of order until 4:00 on Saturday in order that negotiations between Government and TBT could continue. 4 a.m.-Plans for evicting TBT at 6:30 a.m. cancelled. Meeting at Justice held to coordinate efforts to continue negotiations per Judge Pratt's direction. 9 a.m.-Efforts to obtain housing facilities and other accommodations for TBT continued. 11 a.m.-Interagency meeting at Justice to determine status of situation and to take action to comply with court order. Interagency negotiating team selected and instructed to open negotiations with TBT. 3:30-8 p.m.-Negotiating meeting held with Interagency team and TBT to reach agreement to end occupation of BIA. 3 p.m.-TBT representatives and their attorneys shown housing facilities at Bolling AFB, Andrews AFB and Anacostia Naval Annex and Departmental Auditorium. 5 p.m.-Judge Pratt deferred, at TBT's request, signing order for arrest and to show cause until 12:00 noon on Sunday. 7-8 p.m.-Negotiations between Interagency team and TBT continue. Further negotiations set for Sunday morning. 8 p.m.-Judge Pratt advised by Justice of status of negotiations. Sunday, November 5 10 a.m.-Interagency meeting at Justice to consider TBT demands and determine Government response. Interagency team instructed to continue negotiations with TBT. 12 (noon)-Judge Pratt advised of status of negotiations, and agreed to an additional 24 hours of negotiations, after which he indicated that the Government must act or the injunction will be dissolved. 1-4 p.m.-Negotiations between Interagency team and TBT continued. 4:30 p.m.-Interagency meeting at Justice held to consider latest TBT demands and determine appropriate response. 4:30 p.m.-Court of Appeals reversed Judge Corcoran's denial of permit to conduct ceremonies at Arlington, but stayed its order until Monday at noon. 9 p.m.-Interagency team reopened negotiations and advised TBT of maximum facilities that could be provided. 12 p.m. (midnight)-TBT rejected living accommodations offer, and intensified their security in the BIA Building. Monday, November 6 9-12 (noon)-Interagency meeting held at Justice to discuss TBT's rejection of Government's final offer. Decision made to proceed to obtain order for arrest and to show cause. 1:30 p.m.-Hearing held before Judge Pratt on order for arrest and to show cause. The order was granted effective at 6:00 p.m. 2:30 p.m.-Preparations made for serving TBT with court order by 6:00 p.m., and for enforcing the order in the event that TBT refused to leave the BIA Building. 4 p.m.-Interior negotiating team met with TBT representatives. 6 p.m.-Court of Appeals stayed Judge Pratt's order until 9:00 p.m., Wednesday, November 8. 5:30-8 p.m.-Government officials met and decided to reopen negotiations with TBT in order to make new proposals. 9 p.m.-Government officials met with TBT. Further meetings scheduled for next day. Tuesday, November 7 1:30-4:30 p.m.-Government officials met with TBT representatives, at their request, and discussed proposals for an interagency task force to examine TBT demands. TBT accepted proposal. TBT indicated necessity of financial assistance to leave Washington, D.C. and return home. Government officials agreed to facilitate TBT's travel arrangements. Also, general Indian grievances discussed, but no decisions reached. 5:30 p.m.-Negotiations resumed. There were agreements on role and composition of task force, and calculation and payment of travel assistance to TBT. Wednesday, November 8 9:50 a.m.-1:50 p.m.-Negotiations resumed. Discussions on a variety of TBT's substantive demands were held but no agreement on most issues except (1) joint expression of mutual hope for better Indian management, (2) efforts to direct use of Johnson-O'Malley funds in accordance with statute, and (3) a commitment to answer TBT proposals within 60 days. Further, there was a recommendation that there be no prosecution of TBT for seizure and occupation of BIA Building, but Government officials emphasized that the recommendaiton did not include theft or destruction of property. Assurances were given on this point by TBT. In return for these agreements TBT agreed to evacuate BIA. 11 p.m.-Government notified that BIA Building was completely vacated. U.S. DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington, D.C., November 16, 1972. (Partial list of occupants of BIA building) 1. Russell Means-Sioux-Pine Ridge, S. Dak. 2. Dennis Banks-Chippewa-Minneapolis, Minn. 3. Clyde Bellecourt-Chippewa. 4. Vernon Bellecourt-Chippewa. 5. Hank Adams-Ft. Peck-Lives in Washington State. 6. Robert Burnett-Rosebud Sioux-Mission, S. Dak., and 7. Ralph Ware-Kiowa-Minneapolis, Minn.-Anadarko, Okla. (Two advance men). 8. Martha Grass-Ponca-Marland, Okla.-One of the leaders in sit-in at Chilocco. 9. Carter Camp-Ponca-Ponca City, Okla.-One who physically attacked Jimmy Belvin, Chief, Choctaw. 10. Herbert Powless-Oneida-Milwaukee, Wis. 11. Kenneth Fredericks-Sioux-North Dakota-(NCAI employee). 12. Harold Morgan-Pawnee-Pawnee, Okla. 13. George Mitchell-California? 14. John Trudell-Sioux-Now lives in Oklahoma-Was leader in sit-in at Chilocco. 15. Lily Cummings-Pawnee-Pawnee, Okla. (Two children with long hair). 16. Mr. Belt-Cherokee-Stilwell, Okla. 17. Owen Schohawk-Pawnee-Tulsa, Okla. 18. Syd Williams. 19. Rose Robinson-BIA employee-AIPA Reporter. 20. John Parker-Choctaw-BIA employee-Choctaw, Okla. 21. Anselm-Davis-Choctaw and Navajo-BIA employee-Ariz. 22. Mrs. Horn-Canada. 23. Roy Spang--Northern Cheyenne-Montana. 24. Tracey Holder-Wichita-Anadarko, Okla. 25. June Walker-Papago-Chandler, Ariz. 26. Ron Walker-Papago-Chandler, Ariz. 27. Mrs. Vernon Schmidt-Rosebud-Mission, S. Dak. 28. Mr. Vernon Schmidt-Rosebud-Mission, S. Dak. 29. Addison Jump-Ponca-(Related to Carter Camp). 30. Diane LaPorte-Winnebago, Nebr. 31. Christine Fisher-Ashland, Mont. 32. Cynthia Burnell-Taos, N. Mex. 33. Steven Peto-Michigan. 34. Marjorie Tom-Towaoc, Colo. (Tribe not known-Address is Ute Mountain Tribe). 35. Josette Wahwassuca-Prairie Band-Potowatomie. 36. Phillip Deere-Creek-Okemah, Okla. 37. Nita Collins--Paiute-Shoshone. 38. Eddie Benton-St. Paul-Member negotiating team. 39. Myrna Boyd Doney-Montana. 40. Cornell Locklear-Pembroke, N.C.-Tuscarora? Lives with Lumbee Tribe. 41. Nancy W. Cowboy-Potowatomie-Horton, Kans. 42. Henry Wahevich-Potowatomie. 43. Kipp boys (3)--Montana-George, Jr., only name know. 44. Clarence Wagoner-Blackfeet-Browning, Mont. 45. Josetta Wahwassuch-Prairie Band-Potowatomie-Mayetta. 46. Nita Collins-Paiute-Shoshone-Nevada. 47. Joseph Mehojah-Kaw--Pawhuska, Okla. 48. Marie Real Rider-Pawnee-Pawnee, Okla. 49. Carolyn Real Rider Pratt-Pawnee-Pawnee, Okla. 50. Lloyd Cummings-Pawnee- (Plus three children). 51. Velma Smith-Pawnee-Pawnee, Okla. Note: Names from No. 25 through 34-all students from Haskell Institute, Lawrence, Kans. |