Mr. PADDOCK. I think it's simply a matter of clarification of who the U.S. Government recognizes as the entity to deal with. In that case, in a community they would decide for themselves what is regarded as the tribal governing body. Now, in the case of Kake or Yakutat, for instance, where they are in the process of turning from an Indian community into a non-Indian community, it becomes very vital that we address this problem quite soon. Senator GRAVEL. That adds another dimension to it, because a community can become a real city under the State laws and so you have now a new entity, a new legal entity, unrelated to the cultural characteristics or racial characteristics, which has a different posture in terms of law and also which has immediate entitlement as a contractual agent with respect to the Federal Government-is that correct? Mr. PADDOCK. That's right. Senator GRAVEL. I have no magic answer on the proliferation problem and I think I see the problem from a democratic point of view. I hope that that will develop itself in the course of the hearings. Thank you, Ray. Senator ABOUREZK. Thank you very much. Mr. PADDOCK. Thank you, Senator, for the opportunity. [The prepared statement of Mr. Paddock follows:] tlingit and haida indians of alaska RAYMOND E. PADDOCK, JR. TESTIMONY FOR SENATE HEARING ON THE BIA IMPLEMENTATION OF P.L. 93-638; INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT OF 1974 Senator James Abourezk, Chairman Subcommittee on Indian Affairs for the Senate Committee on Interior and Insular Affairs Mr. Chairman: My name is Raymond E. Paddock, Jr. I am President of the Central Council of the Tlingit and Haida Indians of 7laska, a federally recognized Indian Tribe. I appreciate the opportunity to appear before the Indian Affairs Subcommittee to review problems we have encountered relating to P.L. 93-638, known as the Indian SelfDetermination and Education Assistance Act. It was the Central Council, under the leadership of John Borbridge; the assistance of Senator Ted Stevens, a member of the Indian Affairs Committee; and the assistance of Senator Mike Gravel, who was then a member of the Indian Affairs Subcommittee, which received the first contract for an Indian Tribe to manage the Programs of the Bureau of Indian Affairs Agency. The experience we gained and subsequent testimony that we offered was instrumental in the development of P.L. 93-638. Now, since passage of the Self-Determination Act, rules and regulations implementing the Act have tlingit and haida indians of alaska Raymond E. Paddock, Jr. caused us serious problems which we would like to bring to the attention of your Committee for review. In addition, we will be offering testimony regarding other legislation passed for the benefit of Indian people. Such legislation is not always considered by the Indian Affairs Subcommittee, but irregardless, Indian people regard this Subcommittee, and its counterpart in the House, as their representative in Congress. TRIBAL STATUS- P.L. 93-638 On July 8, 1970 President Nixon established the Policy of Indian Self- Public Law 93-638, The Indian Self-Determination and Education The Act extends to the Indian tribes the opportunity for full participation of Indian tribes in programs and services conducted by the Federal government for Indians. The Central Council of the Tlingit and Haida Indians, the tribal governing body of the Tlingit and Haida Indians, feels that for purposes of P.L. 93-638 it is the primary entity qualified to apply for and receive funds under the grant program. The Central Council of the Tlingit and Haida Indians, as a tribal governing body, feels that for the purposes of P.L. 93-638 it is the primary entity qualified to apply for and receive funds under the Act's grant program, contract for various federal programs, and for all other purposes. Raymond E. Paddock, Jr. The Central Council has, however, encountered a problem of major concern regarding the implementation of the Indian Self-Determination and Education Assistance Act. This problem lies in the interpretation, by the Juneau Area Office of the Bureau of Indian Affairs, of the definition of tribes for the purposes of contracting. Section 4 (b) of the Act states that, "Indian tribe" means any Indian tribe, band, nation or other organized group or community, including any Alaska Native Village or regional or village corporation 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 Bureau of Indian Affair's interpretation of the definition of tribes for purposes of implementing P.L. 93-638 has caused a great deal of controversy in Alaska over which entity will be eligible to apply for and receive grants of the funds available. In a letter dated August 30, 1976 (this document attached as Exhibit A) the Area Director, BIA, has finally recognized the Tlingit and Haida Central Council as the tribal governing body of the Tlingit and Haida Indians of Alaska for the purposes of P.L. 93-638. However, the Bureau also designates the following entities in our Region as having tribal status equal to that of the Central Council under the Act: (1) (3) Sealaska Corporation Village corporations established under the Alaska IRA Councils Thus, individual Alaska Natives in Southeast Alaska could be members of four tribes for purposes of implementing P.L. 93-638. Raymond E. Paddock, Jr. Because these four entities have equal tribal status under the interpretation, any one entity wishing to contract to provide services to the villages in Southeast Alaska must obtain the approval of each other tribe as a prerequisite to the letting of such a contract. The four entities also have the power to veto the application of any other tribe. Aside from undermining the present tribal status of the Central Council, this decision will create unneeded conflict between entities competing for the funds at a time when unity is important. Being recognized as the governing tribal entity, rather than a confederation of small tribes, would be advantageous to both the Federal government and the Central Council, i.e. area-wide coordination of programs and less duplication of services at decreased cost to the government, etc. The position of the Central Council is that it is the recognized tribal governing body for the Tlingit and Haida Indians of Alaska. This belief has been held by our Central Council as is evidenced by Article I. and Article V., Section 1 of the Constitution of the Central Council of the Tlingit and Haida Indians of Alaska (Exhibit B, attached). This position applies not only to the jurisdictional act of 1935, the Act of August 19, 1965 which provided for the organization of the Central Council, the 1970 Act providing for judgment fund distribution and the 1971 Alaska Native Claims Settlement Act, but to P.L. 93-638 and any future legislation dealing with the tribe of the Tlingit and Haida Indians. The Central Council also takes the position that through the discretionary authority the Area Director has used in deciding which |