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COMMITTEE ON INTERIOR AND INSULAR AFFAIRS

HENRY M. JACKSON, Washington, Chairman

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CONTENTS

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IV

ADDITIONAL MATERIAL

Analysis of BIA and HEW Regulations Implementing the Indian Self-
Determination and Education Assistance Act, from the American Law
Division, Library of Congress....

Crowe, John A., Eastern Band of Cherokee Indians, Cherokee, N.C., letter
to Senator Abourezk, October 15, 1975-----

Department of Health, Education, and Welfare, proposed rules, Federal
Register, September 15, 1975--

Department of the Interior, proposed rules, Federal Register, September 4,
1975

Public Law 93-638

TUESDAY, OCTOBER 28, 1975

STATEMENTS

Bartlett, Hon. Dewey F., a U.S. Senator from the State of Oklahoma....
Ottina, Hon. John R., Assistant Secretary for Administration and Manage-
ment, Department of Health, Education, and Welfare, accompanied by
Bernard Feiner, assistant general counsel, Business and Administrative
Law Division; Sidney Edelman, assistant general counsel, Public Health
Division; and Dr. Emery Johnson, director, Indian health service, Health
Services Administration_.

APPENDIXES

Page 116

APPENDIX I.-Documents submitted by Department of Health, Education, and Welfare

APPENDIX II.-Additional material submitted for the record..

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76

18

3

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; LaFollette 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---.

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475

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

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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 93638, 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:]

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