Abourezk, Hon. James, a U.S. Senator from the State of South Dakota___ Apker, Dr. Wesley, executive secretary, National Association of State 454 Barnes, Glen, superintendent of schools, Todd County, Mission, S. Dak_-_- Begay, Eugene, executive director, United Southeastern Tribes____. Bordeaux, Leland, board member, National Indian Education Association__ 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 Isaac, Calvin, chief, Mississippi Band of Choctaw Indians, United South- 414 Jim, Roger, on behalf of the Yakima Indian Nation_-_. 251 Kleven, Les, chairman, education committee, South Dakota House of Rep- 440, 442 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___ Rabenberg, M. J., Superintendent of Schools, Sisseton, S. Dak_- Ross, Kenneth, president, National Indian Education Association_. Sahmaunt, Herschel, executive director, Coalition of Indian Controlled Small, Dorothy, board member, National Indian Education Association_. Solomon, Donald Jay, Uset Counsel, United Southeastern Tribes--. Taylor, Keith, president, Associated School Boards of South Dakota, Tiger, Buffalo, chairman, Miccosukee Tribe, United Southeastern Tribes--- Tiger, John, acting executive director, National Indian Education IV ADDITIONAL MATERIAL Analysis of BIA and HEW Regulations Implementing the Indian Self- Page 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 76 Department of the Interior, proposed rules, Federal Register, September 4, TUESDAY, OCTOBER 28, 1975 Bartlett, Hon. Dewey F., a U.S. Senator from the State of Oklahoma. 457 458, 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 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:] Public Law 93-638 93rd Congress, S. 1017 January 4, 1975 An Act To provide maximum Indian participation in the Government and education of the Indian people; to provide for the full participation of Indian tribes in programs and services conducted by the Federal Government for Indians and to encourage the development of human resources of the Indian people; to establish a program of assistance to upgrade Indian education; to support the right of Indian citizens to control their own educational activities; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Indian Self-Determination and Education Assistance Act". CONGRESSIONAL FINDINGS SEC. 2. (a) The Congress, after careful review of the Federal Government's historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that— (1) the prolonged Federal domination of Indian service programs has served to retard rather than enhance the progress of Indian people and their communities by depriving Indians of the full opportunity to develop leadership skills crucial to the realization of self-government, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of Indian communities; and (2) the Indian people will never surrender their desire to control their relationships both among themselves and with nonIndian governments, organizations, and persons. (b) The Congress further finds that (1) true self-determination in any society of people is dependent upon an educational process which will insure the development of qualified people to fulfill meaningful leadership roles; (2) the Federal responsibility for and assistance to education of Indian children has not effected the desired level of educational achievement or created the diverse opportunities and personal satisfaction which education can and should provide; and (3) parental and community control of the educational process is of crucial importance to the Indian people. DECLARATION OF POLICY SEC. 3. (a) The Congress hereby recognizes the obligation of the United States to respond to the strong expression of the Indian people for self-determination by assuring maximum Indian participation in the direction of educational as well as other Federal services to Indian communities so as to render such services more responsive to the needs and desires of those communities. (b) The Congress declares its commitment to the maintenance of the Federal Government's unique and continuing relationship with and responsibility to the Indian people through the establishment of a meaningful Indian self-determination policy which will permit an orderly transition from Federal domination of programs for and services to Indians to effective and meaningful participation by the Indian people in the planning, conduct, and administration of those programs and services. (c) The Congress declares that a major national goal of the United States is to provide the quantity and quality of educational services and opportunities which will permit Indian children to compete and Indian Self- and Education Assistance Act. 25 USC 450. 25 USC 450a. 88 STAT. 2203 88 STAT. 2204 FER-INDIAN |