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 DEWEY F. BARTLETT, Oklahoma GRENVILLE GARSIDE, Special Counsel and Staf Director WILLIAM J. VAN Ness, Chief Counsel OWEN J. MALONE, Senior Counsel SUBCOMMITTEE ON INDIAN AFFAIRS JAMES ABOUREZK, South Dakota, Chairman HENRY M. JACKSON, Washington DEWEY F. BARTLETT, Oklahoma LEE METCALF, Montana JAMES A. MCCLURE, Idaho PAUL J. FANNIN, Arizona 265 - Abourezk, Hon. James, a U.S. Senator from the State of South Dakota---- 454 Deloria, Philip S., and Alan Parker of the American Indian Law Center by request and for the National Congress of American Indians.---------- 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------ Hadley, Linda, Rough Rock Demonstration School, Many Farms, Ariz., Coalition of Indian Controlled School Boards----- Harjo, Suzan Shown, National Congress of American Indians ---- Holm, Wayne, Rock Point Community School, Rock Point, Ariz., Coalition of Indian Controlled School Boards.- Isaac, Calvin, chief, Mississippi Band of Choctaw Indians, United South- Jim, Roger, on behalf of the Yakima Indian Nation.. Kleven, Les, chairman, education committee, South Dakota House of Rep- sentatives, Sturgis, S. Dak.------- LaPointe, Frank, member of the Rosebud Sioux Tribe_- Manuelito, Larry, Ramah Navajo School, Ramah, N. Mex., Coalition of Indian Controlled School Boards.- McCollough, Gloria, Hannahville, Mich., Coalition of Indian Controlled Olson, Judith R., president, South Dakota State Board of Education ----- 453 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 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, Tiger, Buffalo, chairman, Miccosukee Tribe, United Southeastern Tribes. 417 Tiger, John, acting executive director, National Indian Education Turgeon, Greg, Rosebud, S. Dak., Coalition of Indian Controlled School ADDITIONAL MATERIAL Analysis of BIA and HEW Regulations Implementing the Indian Self- Determination and Education Assistance Act, from the American Law Division, Library of Congress.-------- Crowe, John A., Eastern Band of Cherokee Indians, Cherokee, N.C., letter to Senator Abourezk, October 15, 1975----- Department of Health, Education, and Welfare, proposed rules, Federal Register, September 15, 1975----- Department of the Interior, proposed rules, Federal Register, September 4, 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 Thompson, Hon. Morris, Commissioner of Indian Affairs, accompanied by Hon. Harley Frankel, Deputy Commissioner, BIA; Reid Chambers, asso- ciate 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 Campa- nelli, Public Law 638, Implementing Task Force, BIA; Donald Asbra, contracting staff, BIA; and Justin Patterson, assistant solicitor, procure- APPENDIX I.-Documents submitted by Department of Health, Education, 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, 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. 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 appropriateness 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 (1) 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:] |