It further specified that the apppropriations under the JohnsonO'Malley Act would not be affected by appropriations under Public Law 81-874.

SEC. 204. Subsection (d) of section 8 of such Act is amended

(2) by inserting before the period at the end thereof the following: ", or the availability of appropriations under the Act of April 16, 1934, commonly referred to as the Johnson-O'Malley Act (25 U.S.C., sec. 452)",

The amended provision is as follows:

SEC. 8. (d) No appropriation to any department or agency of the United States, other than an appropriation to carry out this Act, shall be available * * * except that nothing in this subsection or in subsection (c) of this section shall affect the availability of appropriations for the maintenance and operation of school facilities on Federal property under the control of the Atomic Energy Commission or the availability of appropriations under the Act of April 16, 1934, commonly referred to as the Johnson-O'Malley Act (25 U.S.C., sec. 452).

Public Law 81-874 was further amended by the 1967 ESEA Amendments (Public Law 90-247) by deleting the requirement that "other Federal payments" be deducted from entitlement thereby eliminating the need for reference to the Johnson-O'Malley program as an exception to the law.]

Transfer of Federal Property

Public Law 83-47-Act of June 4, 1953

This act authorized the Secretary of the Interior to transfer the right, title and interest of the United States in land and improvements which were used for school purposes to State or local governmental agencies or school authorities.

[The act was amended on March 16, 1962 by Public Law 87-417 to increase the maximum acreage which may be transferred from 20 acres to 50 acres. This legislation could allow school buildings and property to be transferred to State or local educational agencies assuming responsibility for the education of the Indians in the State or local school district.]

The following are texts of the original act and its amendment: Public Law 83-47 (Act of June 4, 1953)

To authorize the Secretary of the Interior, or his authorized representative, to convey certain school properties to local school districts or public agencies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior, or his authorized representative, is hereby authorized to convey to State or local governmental agencies or to local school authorities all the right, title, and interest of the United States in any land and improvements thereon and personal property used in connection therewith heretofore or hereafter used for Federal Indian school purposes and no longer needed for such purposes: Provided, That the consent of the beneficial owner shall be obtained before the conveyance of title to land held by the United States in trust for an individual Indian or Indian tribe: Provided further, That no more than twenty acres of land shall be transferred under the terms of this Act in connection with any single school property conveyed to State or local governmental agencies or to local school authorities. Any conveyance under this Act shall reserve all mineral deposits in the land and the right to prospect for and remove such deposits under rules and regulations prescribed by the Secretary of the Interior, shall require the property to be used for school or other public purposes, and shall require the property to be available to Indians and non-Indians on the same terms unless otherwise approved by the Secretary of the Interior. If at any time the Secretary of the Interior determines that the grantee of any such lands, improvements,and personal property has failed to observe the provisions of the transfer agreement and that the failure has continued for at least one year, he may declare a forfeiture of the conveyance and the title conveyed shall thereupon revert to the United States. Such determination by the Secretary of the Interior shall be final.

Public Law 87-417 (Act of March 16, 1962)

To amend the Act of June 4, 1953 (67 Stat. 41), entitled "An Act to authorize the Secretary of the Interior, or his authorized representative, to convey certain school properties to local school districts or public agencies."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second proviso in the Act of June 4, 1953 (67 Stat. 41), as amended, is amended to read: “Provided further, That no more than fifty acres of land shall be transferred under the terms of this Act in connection with any single school property conveyed to State or local governmental agencies or to local school authorities."

Vocational Education

Public Law 84-958-Adult Vocational Training Act of 1956August 3, 1956

This act authorizes the Bureau of Indian Affairs to provide a program for Indians to help them obtain reasonable and satisfactory employment. The primary age category for this program is 18 to 35. The program includes vocational counseling and guidance, institutional training in various occupations and trades, on-the-job training, Vocational training, and apprenticeship training.

[This act provides the statutory base for the "employment assistance" or "relocation" program currently operated by the Bureau of Indian Affairs in which Indians are trained in urban centers and are encouraged and assisted to find employment in the area].

The following is the text of the Adult Vocational Training Act of

1956:

Relative to employment for certain adult Indians on or near Indian reservations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to help adult Indians who reside on or near Indian reservations to obtain reasonable and satisfactory employment, the Secretary of the Interior is authorized to undertake a program of vocational training that provides for vocational counseling or guidance, institutional training in any recognized vocation or trade, apprenticeship, and on the job training, for periods that do not exceed twenty-four months, transportation to the place of training, and subsistence during the course of training. The program shall be available primarily to Indians who are not less than eighteen and not more than thirty-five years of age and who reside on or near an Indian reservation, and the program shall be conducted under such rules and regulations as the Secretary may prescribe. For the purposes of this program the Secretary is authorized to enter into contracts or agreements with any Federal, State, or local governmental agency, or with any private school which has a recognized reputation in the field of vocational education and has successfully obtained employment for its graduates in their respective fields of training, or with any corporation or association which has an existing apprenticeship or on-the-job training program which is recognized by industry and labor as leading to skilled employment.

SEC. 2. There is authorized to be appropriated for the purposes of this Act the sum of $3,500,000 for each fiscal year, and not to exceed $500,000 of such sum shall be available for administrative purposes.

Approved August 3, 1956.

(17)

Elementary and Secondary Education Act of 1965

P.L. 89-10-The Elementary and Secondary Education Act of 1965 as amended-April 11, 1965

The Elementary and Secondary Education Act as amended through 1968 contains many provisions which apply to Indians. Indians meeting the specified requirements and attending public schools in local school districts would thereby participate in the programs in which their individual schools participate. In addition, under the following titles of the act, authorization is given to appropriate funds to the Secretary of the Interior for use in Bureau of Indian Affairs schools: Title I provides financial assistance for the education of children of low-income families. Grants are available to areas with high concentrations of disadvantaged children to finance a broad range of projects and programs designed to meet the special needs of educationally deprived children. Entitlement is based on the number of children considered "disadvantaged." Under section 103 (a) (1), an amount of up to 3 percent of the basic title I appropriation may be allotted (1) among the outlying areas and (2) the Secretary of the Interior for use in Bureau of Indian Affairs schools and for payments to local educational agencies with respect to out-of-State Indian children under special contracts with the Department of the Interior. (These special contracts involve primarily the "Bordertown" project in which children from out-of-State live in a Federal facility and attend schools of the local public school district.)

[Indians were not included under this title as the act was passed in 1965. In the 1966 ESEA amendments, enacted on November 3, 1966 (Public Law 89-750), authorization was made for a separate appropriation from which allotments would be made to the Secretary of the Interior for fiscal year 1967. The 1967 ESEA amendments of January 2, 1968 (Public Law 90-247), extended the authorization through fiscal year 1969.]

Title II establishes a program to provide grants for the acquisition of school library resources, textbooks, and other printed and published instructional materials for children and teachers in both public and private schools. Under section 202 (a) (1), an amount of up to 3 percent of the basic title II appropriation may be allotted (1) among the outlying areas (2) the Secretary of Defense and (3) the Secretary of the Interior for use in Bureau of Indian Affairs schools according to their respective needs under the title.

Indians were not included under this title as the act was passed in 1965. In the 1966 ESEA amendments (Public Law 89-750) author

1 Outlying areas included Puerto Rico, Guam, American Samoa, the Virgn Islands, and the Trust Territories of the Pacific.

ization was made for a separate appropriation from which allotment would be made to the Secretary of the Interior for fiscal year 1967. The 1967 ESEA amendments (Public Law 90-247) extended the authorization through fiscal year 1969.]

Title III provides funds to carry out a program of grants for the planning, development, establishment or expansion of exemplary and innovative educational programs that are not otherwise available. Some approved programs are guidance and counseling: remedial instruction; equipment for studying advanced subjects, the development of radio and television programs and special educational services to those in and from rural areas. Under section 302 (a) (1) an amount of up to 3 percent of the basic title III appropriation may be allotted among the outlying areas, the Secretary of Defense and the Secretary of the Interior for use in Bureau of Indian Affairs schools according to their respective needs under this title.

Indians were not included under this title as the act was passed in 1965. In the 1966 ESEA amendments (Public Law 89-750) authorization was made for a separate appropriation from which allotment would be made to the Secretary of the Interior for fiscal year 1967. The 1967 ESEA amendments (Public Law 90-247) extended the authorization through fiscal year 1969.]

Title VI provides for grants and contracts to develop improved educational opportunities for handicapped children. Part A is for use in the initiation, expansion, and improvement of preschool, elementary, and secondary school level programs for the education of handicapped children which are of a sufficient size, scope and quality as to give reasonable promise of substantial progress. Under section 603 (a) (1), an amount of up to 3 percent of the basic title VI part A entitlement is authorized to be distributed (1) among the outlying areas, (2) the Secretary of Defense and (3) the Secretary of the Interior for the children serviced by Bureau of Indian Affairs schools under terms determined by the Commissioner of Education.

[Title VI was added to the ESEA by the 1966 amendments and included no provisions for Indians. Authorization for allotment to the Secretary of the Interior was added by the 1967 amendments (Public) Law 90-247) through fiscal year 1969. ]

Title VII. The purpose of this title is to provide imaginative elementary and secondary school programs designed to meet the special needs of children with limited English-speaking ability. Grants may be used for planning and developing bilingual educational programs, preservice and inservice training, and for establishing and operating such programs. It also includes teaching materials and equipment designed to meet the special educational needs of children of limited English-speaking ability. Programs may also be included which include the history and culture associated with the language, adult education, and preschool programs.

[This title at the present does not contain "set-aside" provisions for the Secretary of the Interior for use in Indian Schools.]