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COMMITTEE ON INTERIOR AND INSULAR AFFAIRS

HENRY M. JACKSON, Washington, Chairman FRANK CHURCH, Idaho

PAUL J. FANNIN, Arizona LEE METCALF, Montana

CLIFFORD P. HANSEN, Wyoming J. BENNETT JOHNSTON, Louisiana

MARK O. HATFIELD, Oregon JAMES ABOUREZK, South Dakota

JAMES A. MCCLURE, Idaho FLOYD K, HASKELL, Colorado

DEWEY F. BARTLETT, Oklahoma
JOHN GLENN, Ohio
RICHARD STONE, Florida
DALE BUMPERS, Arkansas

GRENVILLE GARSIDE, Special Counsel and Staf Director
DANIEL A. DREYFUS, Deputy Staff Director for Legislation

WILLIAM J. VAN NESS, Chief Counsel
D. MICHAEL HARVEY, Deputy Chief Counsel

OWEN J. MALONE, Senior Counsel
HARRISON LOESCH, Minority Counsel

SUBCOMMITTEE ON INDIAN AFFAIRS

oma

JAMES ABOUREZK, South Dakota, Chairman HENRY M. JACKSON, Washington

DE Y F. BARTLETT, Okl LEE METCALF, Montana

JAMES A. MCCLURE, Idaho
FLOYD K. HASKELL, Colorado

PAUL J. FANNIN, Arizona
FORREST J. GERARD, Professional Staff Member

CONTENTS

STATEMENTS

Abourezk, Hon. James, a U.S. Senator from the State of South Dakota ---- 1

Apker, Dr. Wesley, executive secretary, National Association of State
Boards of Education, Denver, Colo----

454

Barnes, Glen, superintendent of schools, Todd County, Mission, S. Dak----

438

Begay, Eugene, executive director, United Southeastern Tribes--- 412, 413

Bordeaux, Leland, board member, National Indian Education Association.- 435

Clark, Robert, Alaska Federation of Natives.---

265

Deloria, Philip S., and Alan Parker of the American Indian Law Center by

request and for the National Congress of American Indians.--

248

Forrest, Erin, vice president, National Tribal Chairmen's Association,

accompanied by Delores Cloud, Red Lake Task Force ; Verna Wood, Red

Lake Task Force; Byron Graves, Red Lake Task Force ; Monte Hammitt,

Red Lake Task Force; Joyce Oliver, Red Lake Task Force ; Ray Oliver,

Red Lake Task Force ; James Bodin, Red Lake Tribal Council attorney,

Duluth, Minn.; Hon. Robert Bergland, a U.S. Representative from the

State of Minnesota ; and Mark Dayton, aide to Senator Mondale------ 253, 256

Graves, Byron L., Red Lake Reservation Task Force---

260, 262

Hadley, Linda, Rough Rock Demonstration School, Many Farms, Ariz.,

Coalition of Indian Controlled School Boards---

308

Harjo, Suzan Shown, National Congress of American Indians.-

166

Holm, Wayne, Rock Point Community School, Rock Point, Ariz., Coalition

of Indian Controlled School Boards.---

306

Isaac, Calvin, chief, Mississippi Band of Choctaw Indians, United South-

eastern Tribes ---

414

Jim, Roger, on behalf of the Yakima Indian Nation.--

251

Kleven, Les, chairman, education committee, South Dakota House of Rep-

sentatives, Sturgis, S. Dak..

440, 442

LaPointe, Frank, member of the Rosebud Sioux Tribe-

437

Manuelito, Larry, Ramah Navajo School, Ramah, N. Mex., Coalition of

Indian Controlled School Boards.

307

McCollough, Gloria, Hannahville, Mich., Coalition of Indian Controlled

School Boards..

304

Olson, Judith R., president, South Dakota State Board of Education ----- 453

Parker, Alan.

244

Rabenberg, M. J., Superintendent of Schools, Sisseton, s. Dak.--- 448, 450

Ross, Kenneth, president, National Indian Education Association --

436

Sahmaunt, Herschel, executive director, Coalition of Indian Controlled

School Boards

304

Small, Dorothy, board member, National Indian Education Association --- 434

Solomon, Donald Jay, Uset Counsel, United Southeastern Tribes--- 417, 419

Taylor, Keith, president, Associated School Boards of South Dakota,

Conde, S. Dak...

449

Tiger, Buffalo, chairman, Miccosukee Tribe, United Southeastern Tribes--- 417

Tiger, John, acting executive director, National Indian Education

Association

432

Turgeon, Greg, Rosebud, s. Dak., Coalition of Indian Controlled School

Boards

308

IV

ADDITIONAL MATERIAL
Analysis of BIA and HEW Regulations Implementing the Indian Self-

Determination and Education Assistance Act, from the American Law Page
Division, Library of Congress..

116 Crowe, John A., Eastern Band of Cherokee Indians, Cherokee, N.C., letter to Senator Abourezk, October 15, 1975----

432 Department of Health, Education, and Welfare, proposed rules, Federal

Register, September 15, 1975.. Department of the Interior, proposed rules, Federal Register, September 4, 1975

18 Public Law 93-638_

3

76

TUESDAY, OCTOBER 28, 1975

STATEMENTS

Bartlett, Hon. Dewey F., a U.S. Senator from the State of Oklahoma

457 Ottina, Hon. John R., Assistant Secretary for Administration and Manage

ment, Department of Health, Education, and Welfare, accompanied by
Bernard Feiner, assistant general counsel, Business and Administrative
Law Division ; Sidney Edelman, assistant general counsel, Public Health
Division; and Dr. Emery Johnson, director, Indian health service, Health
Services Administration.

458, 462 Thompson, Hon. Morris, Commissioner of Indian Affairs, accompanied by

Hon. Harley Frankel, Deputy Commissioner, BIA; Reid Chambers, associate solicitor, Division of Indian Affairs, Interior Department; Ralph Reeser, congressional and legislative affairs staff, BIA; La Follette Butler, Public Law 638, Implementing Task Force, BIA; Peter Campanelli, Public Law 638, Implementing Task Force, BIA; Donald Asbra, contracting staff, BIA ; and Justin Patterson, assistant solicitor, procurement, Interior Department.

475

APPENDIXES

APPENDIX I.–Documents submitted by Department of Health, Education,

and Welfare APPENDIX II.-Additional material submitted for the record..

507 561

IMPLEMENTATION OF PUBLIC LAW 93–638, THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT

MONDAY, OCTOBER 20, 1975

U.S. SENATE,
SUBCOMMITTEE ON INDIAN AFFAIRS,
OF THE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS,

Washington, D.C. The subcommittee met, pursuant to notice, at 9:30 a.m. in room 3110, Dirksen Office Building, Hon. James Abourezk presiding.

Present: Senator Abourezk.
Also present: Forrest Gerard, professional staff member.

OPENING STATEMENT OF HON JAMES ABOUREZK, A U.S. SENATOR

FROM THE STATE OF SOUTH DAKOTA

Senator ABOUREZK. The hearing will come to order. The purpose of the hearing today and on October 28 is to review the appropriate. ness of the rules and regulations promulgated by the Departments of the Interior and Health, Education, and Welfare to implement Public Law 93-638, the Indian Self-Determination and Education Assistance Act.

Public Law 93–638 represents perhaps the most significant new policy initiative in the Indian field since the mid-1930's when Congress enacted the Indian Reorganization Act. Because of the far-reaching implications of this act to the Indian community, the Congress and the executive branch, the committee is firm in its determination that the administration's rules and regulations are in conformity with the statute and reflect the intent of Congress.

The new policy authorized by Public Law 93–638 broadens the options of Indian tribes and their organizations to assume the control and management of programs and services currently being administered by Federal Agencies. Among the unique features of the act are the provisions which mandate the respective Secretaries to enter into self-determination contracts at the request of a tribe or its organization. Although a declination procedure has been authorized in the statute, the burden of proof is constantly on the affected Secretary to show good cause why he should not enter into such a contract. It is important that the agencies' rules and regulations do not disrupt this delicate balance and tilt the policy in favor of the declination authority.

It is for these and other reasons that I have scheduled the subcommittee hearings. Organizations representative of the Indian field have been invited to present their views and recommendations with respect

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to the Public Law 93-638 rules and regulations. Administration witnesses will present their testimony to the committee on October 28.

Although these hearing dates fall close to November 4, 1975, when the two Departments are required to publish their final rules and regulations in the Federal Register, it is my hope that the printed hearing record from these proceedings may serve as a source for corrective amendments to the Departments' rules and regulations.

At this point I shall order, without objection, that Public Law 93– 638, the Department of the Interior's September 4, 1975, rules and regulations, and the Department of HEW's September 15, 1975, rules and regulations, together with a legal analysis of the rules and regulations conducted by the American Law Division, Library of Congress, be made a part of the record.

[The information referred to follows:]

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