United States Commission on Civil Rights

Confidential Draft Report
“Enforcement of the Indian Civil Rights Act of 1968”

May 1990


Indian Civil Rights Act, page 40
Bureau chose not to follow a recommendation by its own counsel and by U.S. Attorney Jerome Arnold that a clause be inserted in the contract specifying that the tribe was to adhere to the ICRA as a condition of fulfilling the contract. [86]  In a departmental memorandum, the Acting Associate Solicitor of the Department's Division of Indian Affairs explained his position:

     Our Twin Cities Field Office recently drafted language for inclusion in the proposed Public Law 93-638 contract with the Red Lake Chippewa Tribe for the operation of a tribal court on the Red Lake Reservation.  The draft language would commit the tribe to compliance with the Indian Civil Rights Act. ...
     The BIA Minneapolis Area Office sent this language to the Central Office Division of Tribal Government Services for review and that office recommended against its inclusion in the contract.
...
     ....
     Given the past record of the Red Lake Tribe, it is unlikely that it will operate the court in

___________
[86]  This recommendation was supported by U.S. Attorney Jerome G. Arnold of Minnesota, attorney Mark A. Anderson of the Interior Department's Office of the Field Solicitor, and C. Hughes, Acting Associate Solicitor of the Department's Division of Indian Affairs.  Letter from Mark A. Anderson, Office of the Field Solicitor, U.S. Department of the Interior, to Earl J. Barlow, Area Director, Minneapolis Area Office (Apr. 16, 1987); U.S. Department of the Interior Memorandum from C. Hughes, Acting Associate Solicitor, Division of Indian Affairs, to Assistant Secretary--Indian Affairs (Nov. 13, 1987).

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