The Red Lake tribal council and the Red Lake Reservation task force are in agreement with President Wendell Chino's remarks when he indicated that recognition of Indian tribes is basic stemming from recognition within the Constitution of the United States. Indian tribes are definitely recognized and spelled out in the document. Many people want to ignore this fact that there are over 200 tribes in America. We must stick to the Constitution. Indian tribes have been in existence before the establishment of the Constitution. We have an obligation, a constitutional obligation, to retain the rights afforded Indian people and to protect the Indian people from any danger of this obligation being reduced or taken away. Yet Senators and Representatives have continuously enacted legislation that contain danger signals that this obligation could be taken away. We think we should go to these Senators and Representatives and sav: "Mr. America-you have this obligation with respect to Indian tribes. Let us hang on to this obligation. This is what constituted the beginning principles in America. It is a basic principle." Our task force is very concerned and apprehensive over the broadened definition of an Indian as prescribed in the act and implemented in the rules and regulations. This concern is shared by many reservation-based Indians throughout the country. We believe that this is a danger signal which has the effect of legislating Indians out of existence with the support of rules and regulations promulgated by the Secretaries of the Interior and Health, Education, and Welfare. We are in accord with respect to the general principles and provisions of the act and the rules and regulations that expand the contracting authority of the Department of the Interior to include Indian tribes and organizations for educational services pursuant to the amendments of the act of April 16, 1934 (48 Stat. 596), as amended, (known as the Johnson-O'Malley Act). Our task force has been vigilant in respect to the manner in which the provisions for the establishment of parental committees are carried out. We believe that it is the right of the Indian people to be involved in the programs that affect their lives, and it is important to consult with Indian tribal representatives in developing such regulations to assure that the methods developed for carrying out the provisions of the act are consistent with the desires and needs of the tribes affected. We have been persistent in our efforts in requesting that the tribal governing bodies have the option to specify the school board to serve as the Indian Education Committee when the majority of the school board members are of Indian descent or the option of an organization of a governing body be designated to serve as the Indian Education Committee. We believe that these options would afford some flexibility to the diversity of Indian tribes as they enter into contracts with the Secretary of the Interior to assure that the educational needs of the Indian sudents who are to be beneficiaries of such contracts are met and to insure that funds expended in public school districts are in accordance with programs and plans which have been developed by the Indian tribes. We have also been vigilant in appraising the effect of the legislated Johnson-O'Malley study and report by the Secretary of the Interior would have on the development of a more rational and equitable policy and procedure to govern the Johnson-O'Malley Act. It is our considered judgment that the report will be unreliable and unvalidated and will exemplify another danger signal in the process of legislating Indians out of existence. We strongly feel that in a short time that the study was made, it would result in recommendations that would be based on information and other data hurriedly surveyed and gathered within the time limits. It is a tremendous task to analyze even one school district that receives Federal funding from Federal finance systems resulting from Federal legislation involving five different acts within the report. If Indian tribes are expected to operate with the recommendation changes in various Federal financing systems, they should have the opportunity for input into the report. Our concern here is to point out that Indian tribes might be legislated out of existence resulting from a report that was hurriedly made in 3 or 4 months which involves the effect that it would have on over 200 tribes. Senator ABOUREZK. Mr. Graves, the time period for this panel has expired and gone a little beyond. Under the agreement, we will insert your entire statement in the record. I regret having to cut you off like this except that there are so many witnesses and so many people. Mr. GRAVES. Mr. Chairman, I have one more request. This concludes my testimony and I would like to reserve the privilege of adding an addendum and additional documents to this testimony. Senator ABOUREZK. Yes; you certainly have that right to do that. I want to thank you all for appearing here. I thank my colleague from the House for coming over. [The prepared statement of Mr. Graves follows:] STATEMENT OF BYRON L. GRAVES, RED LAKE RESERVATION TASK FORCE Mr. Chairman, members of the Subcommittee: My name is Byron L. Graves. I am a member of the Red Lake Band of Chippewa Indians and a member of the Red Lake Reservation Task Force which is testifying in behalf of the National Tribal Chairman's Association in regard to the Oversight hearing on Rules and Regulations promulgated to implement P.L. 93-638, the Indian Self-Determination and Education Assistance Act. Since the numerous meetings have been held with respect to the drafting of the rules and regulations, our task force has been diligently involved in contributing evaluations and recommendations of the numerous drafts that have been formulated and we appreciate this opportunity to again be able to offer comments and recommendations for the amending and revision of the rules and regulations as they pertain to implementing Title II of P.L. 93-638, the Indian Self-Determination and Education Assistance Act. At the outset of our testimony we would like to present our objection to P.L. 93-638, the Indian Self-Determination and Education Assistance Act in form of a resolution which will be enacted by the Red Lake Bank of Chippewa Indians and which we would appreciate having inserted into the record. We feel very strongly and apprehensive about some of the danger signals within the Act to the extent that we are opposing any legislation that may be detrimental to the best interests of the members of the Red Lake Band of Chippewa Indians. To reiterate some of the remarks made by President Wendell Chino of the National Tribal Chairman's Association at a meeting held on the Red Lake Indian Reservation last week, Mr. Chino stated, "Tribal people should be on the alert of efforts to legislate Indians out of existence. We, as Indian people, have as much right as any other people to extend our culture and heritage into continued perpetuity. Protection should be intensified against legislation that will run over the Indian people. Continued protection should be effected for all Indian land and other natural resources through perpetuity." The Red Lake Tribal Council and the Red Lake Reservation Task Force are in agreement with President Wendell Chino's remarks when he indicated that recognition of Indian tribes is basic stemming from recognition within the Constitution of the United States. Indian tribes are definitely recognized and spelled out in the document. Many people want to ignore this fact that there are over 200 tribes in America. We must stick to the Constitution. Indian tribes have been in existence before the establishment of the Constitution. We have an obligation, a Constitutional obligation, to retain the rights afforded Indian people and to protect the Indian people from any danger of this obligation being reduced or taken away. Yet Senators and Representatives have continuously enacted legislation that contain danger signals that this obligation could be taken away. We think we should go to these Senators and Representatives and say: "Mr. America-you have this obligation with respect to Indian Tribes. Let us hang on to this obligation. This is what constituted the beginning principles in America. It is a basic principle." Our task force is very concerned and apprehensive over the broadened definition of an Indian as prescribed in the Act and implemented in the rules and regulations. This concern is shared by many reservation-based Indians throughout the country. We believe that this is a danger signal which has the effect of legislating Indians out of existence with the support of rules and regulations promulgated by the Secretaries of the Interior and Health, Education, and Welfare. We are in accord with respect to the general principles and provisions of the Act and the rules and regulations that expand the contracting authority of the Department of the Interior to include Indian tribes and organizations for educational services pursuant to the amendments of the Act of April 16, 1934 (48 Stat. 596), as amended, (known as the Johnson-O'Malley Act). Our task force has been vigilant in respect to the manner in which the provisions for the establishment of parental committees are carried out. We believe that it is the right of the Indian people to be involved in the programs that affect their lives, and it is important to consult with Indian tribal representatives in developing such regulations to assure that the methods developed for carrying out the provisions of the Act are consistent with the desires and needs of the tribes affected. We have been persistent in our efforts in requesting that the tribal governing bodies have the option to specify the school board to serve as the Indian Education Committee when the majority of the school board members are of Indian descent or the option of an organization of a governing body be designated to serve as the Indian Education Committee. We believe that these options would afford some flexibility to the diversity of Indian tribes as they enter into contracts with the Secretary of the Interior to assure that the educational needs of the Indian students who are to be beneficiaries of such contracts are met and to insure that funds expended in public school districts are in accordance with programs and plans which have been developed by the Indian tribes. We have also been vigilant in appraising the effect of the legislated JohnsonO'Malley study and report by the Secretary of the Interior would have on the development of a more rational and equitable policy and procedure to govern the Johnson-O'Malley Act. It is our considered judgment that the report will be unreliable and unvalidated and will exemplify another danger signal in the process of legislating Indians out of existence. We strongly feel that in a short time that the study was made, it would result in recommendations that would be based on information and other data hurriedly surveyed and gathered within the time limits. It is a tremendous task to analyze even one school district that receives federal funding from federal finance systems resulting from federal legislation involving five different acts within the report. If Indian tribes are expected to operate with the recommendation changes in various federal financing systems, they should have the opportunity for input into the report. Our concern here is to point out that Indian tribes might be legislated out of existence resulting from a report that was hurriedly made in three or four months which involves the effect that it would have on over 200 tribes. Because of the great diversity among the school systems that Indian children attend, we are strongly concerned about the fair and equitable formula that may be designed to take into account the unique characteristics and financial needs of some school districts. We support the concept of retaining both operational and supplemental support for those school districts that are confronted with carrying on a school program on large tax-exempt reservations. Criteria or rationale for allocating federal funds for operational costs should be related to economic conditions. The Red Lake School District, as an independent public school district coterminous with the Red Lake Indian Reservation, is unique. A large portion of its 637,000 acres of land, held communally by the Band, is tax-exempt. School support depends almost exclusively on state and federal aids. Nearly all adults and children in the district are of Chippewa Indian ancestry. These characteristics call for a federal finance system that is sensitive and responsive to basic economic conditions so that a fair and equitable federal finance system may be designed to take into account the unique characteristics and financial needs of some school districts. The balance of my testimony will be in answer to question number five which states: Do the regulations governing federal assistance for education (including educational services and school construction) of Indian children in public schools and in tribal or Indian operated schools deal fairly with the various types of organizations which are eligible for such assistance? One basic criticism of the rules and regulations is that nowhere in the rules and regulations is there any indication that there is any coordination of the federal finance systems that are included in the report mandated by Congress. No one agency at the federal level seems to know or can provide information or data in regard to federal funding that indicates there is any type of coordination of federal assistance for education. It would seem that the development of a more rational and equitable allocation policy at the federal level would have to depend rather heavily on at least reasonably accurate knowledge of the present distribution of funds. Another basic criticism of the regulations is that they do not disclose the extent to which school districts will be funded and what rationale governs their funding. Indian tribes should have assurance of adequate funding in their budget making and administration of an educational program which is suited to the needs and desires of the Indian people on the Indian reservations. This concludes my testimony and I would like to reserve the privilege of adding an addendum and additional documents to this testimony. Thank you. [Subsequent to the hearing the following resolution was received. from the Red Lake Band of Chippewa Indians.] RESOLUTION 126-75 Whereas, the Red Lake Band of Chippewa Indians has always exercised, preserved and implemented the principle of self-determination by preservation of the goal of maintaining a strong position against infringement and encroachment from outside pressures, and Whereas, the Red Lake Band of Chippewa Indians has always attempted to act in the best interests for the members of the Red Lake Band of Chippewa Indians as evidenced in the treaty and Act of 1863 and 1889, and ; Whereas, wherein the Act of 1889 Agreement, the Red Lake Band was recognized and given special consideration by the United States Government as a special and separate entity, and; Whereas, the Act of 1889 reveals that said reservation shall not be deprived thereof or disturbed therein except by their own consent, and; Whereas, P.L. 93-638 does not extend self-determination in practice but is a statute which legislates much power to the Secretary of the Interior, the Secretary of Health, Education and Welfare, and to the United States Government, and: Whereas, P.L. 93–638 authorizes services and funds to non-federally recognized tribes, which, in effect, reduces the rights to services and funds legislated for federally recognized tribes, and; Whereas, the Red Lake Band looks upon P.L. 93-638 as another statute in a long line of administrative and legislative action designed to effect termination of Federal responsibility by Indians themselves and thereby legislating the Indian reservations out of existence. Now, therefore, be it Resolved, That the Red Lake Band of Chippewa Indians goes on record that it strongly objects and opposes to those sections of P.L. 93-638 which legislates much power to the Secretary of the Interior, the Secretary of Health, Education, and Welfare, and to the United States Government, thereby defeating the outward intent and purpose of the Act and those sections which authorize services and funds to non-federally recognized tribes which, in effect, reduces the rights to limited services and funds legislated for federally recognized tribes. Be it further Resolved, That the United States Government is hereby requested to continue to recognize the inherent sovereignty of the Red Lake Band of Chippewa Indans as exemplified in various agreements, statutes, policy and past decisions of the United States Government and the United States Supreme Court. Be it further Resolved, That the Red Lake Band of Chippewa Indians will continue to exercise their rights in opposing any legislation that may be detrimental to the best interests of the members of the Red Lake Band of Chippewa Indians. Be it further Resolved, That the United States Government is hereby requested to abide by and adhere to their Constitutional obligations to the reservation Indians and increase the services and funds to federally recognized tribes with aboriginal land bases; and increase the appropriations to the Bureau of Indian Affairs to effect a more proportionate share of personnel, services, and programs for Indians. Be it further Resolved, That copies of this resolution be sent to the Senate Full Committee on Interior and Insular Affairs Senate Sub-Committee on Interior and Insular Affairs to be entered into the record of the testimony given by Byron L. Graves in behalf of the Red Lake Band of Chippewa Indians and the National Tribal Chairmen's Association on Octboer 20, 1975, at the Oversight Hearing on P.L. 93-638 the Secretary of Interior Secretary of Health, Education, and Welfare; Senator Hubert H. Humphrey; Senator Walter Mondale; Congressmen Bergland, Frazer, Quie, and Oberstar; the National Congress of American Indians; the National Tribal Chairmen's Association requesting their earnest support. For: 10; Against 0. We do hereby certify that the foregoing resolution was duly presented and enacted upon at the regular meeting of the Tribal Council held on Monday, November 24, 1975, with a quorum present, at the Red Lake Tribal Council Hall, Red Lake, Minnesota. ROGER A. JOURDAIN, Senator ABOUREZK. The next panel of witnesses, the Alaska Federation of Natives, Carl Jack, Robert Clark, Gordon Jackson and Fred Wemark. If you would please identify yourself as you speak for the benefit of the reporter? Mr. CLARK. Mr. Chairman, I will be giving the main testimony and as questions develop, I will point out various members of the panel. My name is Robert Clark. My summary testimony—— Senator ABOUREZK. Robert, I wonder if you would talk right into that mike? STATEMENT OF ROBERT CLARK, ALASKA FEDERATION OF NATIVES Mr. CLARK. Mr. Chairman, members of the Interior and Insular Affairs Committee and guests. My name is Robert Clark, acting chairman, Human Resource Board of Directors, AFN, Inc. To my immediate right is Mr. Gordon Jackson, executive vice president, Human Resource Board of Directors, to my right is Mr. Jacob B. Pompan, to my left is Mr. Carl Jack, director, Health Affairs Division, AFN, Inc., and to his left is Mr. Fredrick Wemark, contract compliance officer, Health Affairs Division, AFN, Inc. I would like to thank the committee for permitting the Alaska Federation of Natives, Inc. panel to appear before this committee to express the concerns of our constituents regarding the proposed regula |