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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

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

DEWEY F. BARTLETT, Oklahoma LEE METCALF, Montana

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

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

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MONDAY, OCTOBER 20, 1975

STATEMENTS

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

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------

--- 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..

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

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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 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

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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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