Letter to Senator Abourezk
November 5, 1975
Page 11

regulations established as a matter of law, that 25% of the
funds must be expended on previously private schools.
Conditions change each year and we believe that flexibility
should be retained to permit the Secretary to decide to expend
less than 25% on previously private schools in any year.

2. Throughout these regulations, reference is made to the

necessity that the quality and standard of education for Indian
students enrolled be at least equal to that provided other students
from resources other than those provided by this part of the
regulations. This language creates many questions. We are
sure that most, if not all, superintendents on the Navajo
reservation would argue that Indian students are not receiving
the same quality of education as received by students living
in urban and/or wealthy districts whose education is provided
by some of the same resources providing education to Indian
students. The primary reason for this is that the expenditures
on the reservation are much higher than those off-reservation.
Does this mean that the schools will not be placed on the
commitment for funding list? Certainly, this language does
not mean to penalize the districts which are in such dire
need of those funds. The second question is how is the
quality of education to be measured? If it is measured in
terms of educational resources and the tangibles of education
i.e., curriculum, books, teachers, some of the reservation
districts would indicate an equivalency with the off-
reservation schools. But if the quality of education is
measured by relevancy, to the students, then there would be
no equivalency; the Indian students are not receiving the
same quality education as off-reservation students.

3. The priority under Sub-Section A & B of Section 14 of the
Act of September 23, 1975, is based upon the total enrollment,
not total Indian enrollment. Thus, some schools which have
a higher enrollment (including non-Indian students) but a
low Indian enrollment would receive a higher priority. This
is inconsistent with the intent and the purpose of the law.

4. The law requires that there be compliance with state con-
struction standards. Arizona does not have state construction
standards. Thus, the Bureau of Indian Affairs has required
compliance with California standards. Those standards,
however, are not compatible because of the different geographic
and climatic conditions in Arizona. Either standards must be
developed for Arizona or a more comparable state must be
chosen for employment of standards.

64-882 O 76 37

Letter to Senator Abourezk

November 5, 1975
Page 12

IV. CONCLUSIONS

The Navajo Tribe has made great advancements in education within the past ten years. The people have been awakened to the necessity of demanding that programs be responsive to the specific needs of Navajo children and the Navajo people are now participating in the development and administration of those programs. Most likely, this progress will continue and gain momentum in the next decade. Conceivably, the Navajo Tribe may ultimately establish a tribal education agency vested with various authorities respecting all Navajo education. This important piece of legislation will assist in enhancing the progress towards establishing meaningful Navajo self-determination policy and educational opportunities which will permit the Navajo Indian children to compete successfully in the world today.

We hope that you will give careful attention to the comments and suggestions contained in our testimony. Thank you for the opportunity for submission of these comments.

Dillon Platero, Director
Navajo Division of Education

Galista Corporation

516 Denali Street, Anchorage, Alaska 99501 (907) 279-5516

P. O. Box 574, Bethel, Alaska 99559 (907) 543-2191

November 25, 1975

The Honorable Morris Thompson
Commissioner of Indian Affairs

Attention: P.L. 93-638 Task Force
Room 4620

18th and C Streets, N.W.

Washington, D.C.

Re: Regulations for P.L. 93-638

Dear Commissioner Thompson:

Calista Corporation, a Native Alaskan Regional profit corporation, which was formed pursuant to the Alaska Native Claims Settlement Act is hereby submitting comments on the proposed Regulations of the Department of Interior concerning the Indian Self-Determination and Educational Assistance Act, P.L. 93-638.

We are making these comments in the hope that those Native peoples living in Alaska will enjoy the same benefits as the Native groups in other areas of the country. Your consideration of our comments will be highly appreciated.

"Indian Tribe" means any Indian Tribe, Band, Nation, or other organization or community or village including any Alaska Native Regional profit or non-profit corporation or association, or village profit or non-profit corporation or association as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians."

The definition of "Indian Tribe" in sections 272.2(j), 273.2(g), 274.3(j), 275.2(f), 276.2 (i) and 277.3(g) should be amended to conform to the above wording for section 271.2(h).

Further: Regulation 271.2 (r)

"Tribal Organization' means the recognized governing body of any Indian Tribe including any regional profit or non-profit corporation or association, or any village profit or non-profit corporation or association as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688); any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes

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the maximum participation of Indians in all phases of its activities; provided, that a request for a contract must be made by the tribe that will receive services under the contract; provided further, that in any case where a contract is let to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting of such contract.

The definition of "Tribal Organization" in sections 273.2 (v), 274.3 (r), 275 2(k), and 276.2(4) should be amended to conform to the above wording for section 271.2 (r).

Comments on the Above Recommendations:

The definition of "Indian Tribe" as set forth in section 401.1(1) of the regulations states that any "Alaska Native Village, or Regional or Village Corporation as defined or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688)" is an Indian Tribe. This limited definition of Indian Tribes in Alaska may prevent valuable services from being performed by certain

Native groups.

Section 401.1(a) of the proposed regulations to P.L. 93-638 states, "the purpose of the regulations in this part is to give the application and approval process for non-profit contracts..." The Regional Corporations formed pursuant to the Alaska Native Claims Settlement Act and many of the Village Corporations are profit oriented corporations. Their charters state that they

are in existence to make a profit for their shareholders.

These corporate goals are in direct conflict with the purpose