The program has accomplished many good things, but it has not been without its problems.

1. We have had to overcome general apathy in the local school division and lack of adequate management by the LEA. It has been almost totally through the efforts of Indian parents and especially the parent committee that the program was started and continues to operate. The parent committee wrote the first proposal with almost no assistance from the LEA. Only in the last 2 years has the LEA accepted the responsibility of producing the finished proposal after the parent committee submits a rough draft. From time to time, there has also been a strong reluctance on the part of the LEA to allow the parent committee to have input in the hiring of staff. This has improved since the program emphasis has changed to cultural related studies and activities. This improved process has been accomplished through much prodding and negotiation by the parent committee.

2. We have been disappointed in the level of expertise of the Federal staff that made on-site visits. Almost all questions could not be answered until they returned to Washington to consult with other staff or study the regulations further. It appears that staff assignments change faster than persons can learn their jobs. We are especially apprehensive about the many staff changes that have taken place in recent months and continue to occur.

3. The uncertainty of future funding has made it very difficult to plan ahead and to maintain a reasonably smooth program operation from year to year. Some years we have had to delay start up of the program because we didn't know how much or when the money was going to be available.

4. Regional technical assistance workshops have been helpful in the mechanics of writing proposals but we would like to see more sharing of well designed and successful projects. There has not been enough funds available in our program to even take full advantage of the Regional workshops. Visits by parent committee members and program staff to other successful projects would be most helpful but the money just has not been there without using money that goes directly to services for the students. The parent committee has raised money through its own efforts in the community to help send persons to workshops and conferences, but it has not been enough. Some of the money raised by the parent committee must be kept in reserve to finance appearances at hearings such as this one.

We are very strongly opposed to a transfer of Title IV responsibility to the Bureau of Indian Affairs. We view it as unthinkable to consider denying Title IV funds to more than 50 percent of the Indian population. Nor would we want to see the National Advisory Council abolished. The Indian population in the United States is very diverse and broad based, therefore it is imperative that we have an advisory council that represents all of the Indian population, and not just a small segment.

Although we recognize that problems have existed in the past and no doubt there will continue to be problems with not enough funding, relations between agencies involved in Title IV, program operations, and technical and staff assistance, the program has been very, very valuable to the many Indian communities and thousands of Indian students. We strongly urge the committee to consider the total and diverse Indian peoples in the future of Title IV.

We sincerely thank the committee for giving us the opportunity to express the views and concerns of the Chickahominy Indian Tribe at the program decision and policy making level.

Thank you.

Senator COHEN. I have no particular order, Joan Cofield.

STATEMENT OF JOAN COFIELD, REPRESENTATIVE, NATIONAL URBAN INDIAN COUNCIL

Ms. COFIELD. Good morning, Mr. Chairman and members of the Senate Select Committee on Indian Affairs.

My name is Joan Cofield and I am a representative of the National Urban Indian Council. We would like to thank you for the opportu

nity to appear before this committee to present the National Urban Indian Council's views on Indian education and particularly the fiscal year 1983 budget proposal and the proposed transfer of title 4 to the Bureau of Indian Affairs.

The National Urban Indian Council strongly objects to the proposed transfer of title 4 parts (a), (b), (c), and (d) under Public Law 92-318 to the Bureau of Indian Affairs.

Public Law 92-318 was authorized by Congress to meet the special educational needs of Alaska Native and American Indian children and adults both federally and nonfederally recognized regardless of where they reside.

We are opposed to the proposed transfer for the following reasons. The Bureau of Indian Affairs track record to date and its dealings with off-reservation American Indians and Alaskan Natives leaves much to be desired. Current BIA policy, at both the administrative and regulatory levels, excludes as recipients of BIA services, offreservation Indian and Alaskan Natives from all but a few BIA programs. Even when Congress mandates by law that the BIA service offreservation Indians and Alaskan Natives as is in the Indian Child Welfare Act, the Bureau resists provisions of services.

This year's budget request by the BIA for funds for title 4 of the Indian Child Welfare Act is a prime example of this resistance. They ask for no funding for off-reservation programs even though Congress mandated the provisions by legislative authority.

We cannot expect the Bureau of Indian Affairs to carry out legislative intent as set forth in Public Law 92-318 and particularly for educational services to off-reservation American Indians and Alaskan Natives and nonfederally recognized groups.

If given the administrative authority for title 4, based on past and current Bureau of Indian Affairs policies and practices, off-reservation programs will probably receive no funding.

We cannot expect the Bureau of Indian Affairs to provide quality educational services under title 4 to American Indians and Alaskan Natives. Given the current BIA interpretation of responsibility that unilaterally declares that education is not a trust responsibility and therefore not in the purview of the BIA services, we must express our grave concern regarding the Bureau of Indian Affairs responsibilities for provision of educational services for Indians and Alaskan Natives. When the current Assistant Secretary states "we," meaning BIA, have a responsibility to provide services to people on reservations, as quoted in an interview with Assistant Secretary Smith in the most current copy of the American Indian Review our 1982 issue-clearly this excludes over 50 percent of the American Indian and Alaskan Native population in this country from potential service provisions by the BIA, which is contrary to the intent of Public Law 92-318.

A second area of concern that we would like to respond to this morning is the proposed funding level for title 4. It is a matter of public record and Indian position that funding provided for title 4 fiscal year 1982 was inadequate.

The Department of Education's proposed fiscal year 1983 budget, which is 37 percent less than that available in fiscal year 1981, is woe

fully inadequate. We recommend that level of funding for title 4 be set at the fiscal 1981 level or minimally at the fiscal year 1982 level for 1983. To accept the Department of Education's proposed fiscal year 1983 budget request is to accept below minimum for services and provisions to Indians and Alaskan Natives. Further, it can only guarantee a reduction in quality of educational services.

With respect to the other areas concerned, in this committee's hearing, we must defer to, and we support, the position of the National Advisory Council on Indian Education. Their work today has closely involved our constituent input and corporate concerns.

I would like to thank you for the opportunity to address this committee and give our ideas on Indian education.

Senator COHEN. Thank you very much, Ms. Cofield. The resolutions you submitted will be entered into the record at this point. [The resolutions follow:]

NATIONAL URBAN INDIAN COUNCIL,

Denver, Colo.

Resolution: Indian education, title IV, funding fiscal year 1983. Whereas, the level of funding for Title IV in Fiscal Year 1982 is inadequate to meet all of the special educational needs of Indian and Alaska Native children and adults, and

Whereas, the level of funding for Title IV for Fiscal Year 1983 is considerable less than the level in Fiscal Year 1982, and 39 percent less than Fiscal Year 1981, and

Whereas, the quality and quantity of services under Title IV would be drastically reduced in Fiscal Year 1983 if the Department of Education's budget request was unaccepted, and

Whereas, the special educational needs of Indian and Alaska Native children and adults are not being met by any other federal or state initiatives which can only compare to promote a lower educational attainment, therefore,

The end result that the National Urban Indian Council recommends, that funding for Title IV (all parts) be at the Fiscal Year 1981 level or minimally at the Fiscal Year 1982 level.

Passed this 17th day of May by the Board of Directors of the National Urban Indian Council, Des Plaines, Illinois.

NATIONAL URBAN INDIAN COUNCIL,

Denver, Colo.

Resolution: Indian education, title IV, transfer. Whereas, title IV Programs are essential to the educational needs of all Indians and Alaska Natives whether living on or off the reservations, and

Whereas, the Department of Education has adequately fulfilled the need for effective administration of the Title IV Programs, and

Whereas, the Bureau of Indian Affairs has not been a strong or aggressive advocate for Indians living off the reservations, and

Whereas, without characterizing its performance, the focus and agency attitude of the Bureau of Indian Affairs has essentially excluded off-reservation Indians and Alaska Natives, and

Whereas, the heretofore established and developed thrust, purpose, and policy of Title IV should not be effected by any alteration in the administration of the programs, and therefore, be it

Resolved, That the National Urban Indian Council opposes the transfer of title IV Programs to the Bureau of Indian Affairs and supports the continuation of administration of Title IV, by the Department of Education.

Passed this 17th day of May by the Board of Directors of the National Urban Indian Council, Des Plaines, Illinois.

Senator COHEN. Next, Ms. Amelia Bingham.

STATEMENT OF AMELIA BINGHAM, PLANNER, MASPHEE

WAMPANOAG COMMUNITY DEVELOPMENT CORP.

Ms. BINGHAM. Good morning. My name is Amelia Bingham. I am former commissioner for Massachusetts on the commission for Indian affairs and the former director of title 4 Indian education program in Falmouth, Mass. I appreciate this opportunity to address you. It is a rare opportunity to be heard in this great Capitol.

The commission of Indian affairs was established back in 1974 in the Commonwealth of Massachusetts through a legislative act which at that time announced to the American public that it recognized the Indian tribes in the Commonwealth.

We have been a long way from getting the basic educational needs in our communities in Massachusetts. It was not until recently that title 4 offered us an opportunity to supplement the educational needs of Indian children in the public school system in Massachusetts.

The amount of money that was allotted annually for the title 4 program was a far cry from the needs of the people there. It was less than $20,000 a year. To me this was a shocking fact. When it came to my attention that over $870,000 were sent to the Commonwealth of Massachusetts annually for Indian educational purposes, I was greatly overwhelmed. Most of this money was filtered into the Ivy League schools, and it did not address the needs of the indigenous people of Massachusetts whatsoever. Often some of the elementary and secondary schools benefited from these funds as well.

It is my understanding that the moneys that come under title 4 are assessed according to head count. By using this method of allotting these funds, it caused a great hardship on us because we were unable to acquire the necessary office equipment, the staff; we could not hire the expertise that we needed because the funding was not there to give them adequate salaries. We did the best that we could.

At this point the very idea of the title 4 program being moved from the Department of Education to the BIA, a Department that has historically denied us services, protection and funding-it would be a terrible blow to the Indian people of Massachusetts.

Senator COHEN. If I could interrupt you for a moment, Ms. Bingham. What you are saying is-I guess it is almost a consensus hereis that the BIA does not represent the tribes and does not carry out the obligations as required, not only under statutes but what was mandated expressly by Congress. The institution itself is simply not fulfilling its mission. Is that correct? Is that a fair comment about my observations of what you are saying?

Ms. BINGHAM. The observation, as far as I can see, is that if funding is transferred from the Department of Education to BIA, we are left out totally. We realize that.

Senator COHEN. What happens if the Department of Education disbanded or dismantled or abolished-whatever term we want to usewhat happens at that point? What would you recommend or where would you recommend that title 4 or the Indian education program be transferred?

Ms. BINGHAM. There would have to be another agency that would be made available for this program to be put into, other than into the BIA.

I feel that there are a great deal of Indian people across the country that are in rural areas and in urban areas that are not serviced by the BIA. This is a sign of the Government turning their backs on us by making this transfer to the BIA.

Senator COHEN. Is it a question of the BIA not being equipped to deal with educational issues or not caring about educational issues? What is it about the BIA? Is it simply a lack of personnel, lack of expertise, or lack of concern? What is it?

Ms. BINGHAM. Well, whatever it is, I think that the attitude toward the nonfederally recognized Indian, whether they are urban or rural, is that they do not exist. Therefore no attention would be given in that area. That is my feeling about it.

MS. WINFREE. I think history shows that historically the BIA has not served effectively the Indian population that they are mandated to serve.

Senator COHEN. You mean in all programs?

Ms. WINFREE. Yes.

Senator COHEN. You may proceed, Ms. Bingham.

Ms. BINGHAM. One of the things that I would like to say is that the Wampanoag tribes of Massachusetts have historically been recognized by the Federal Government. There is evidence that there was recognition in 1910. There is no evidence however, that the Wampanoag tribe had ever been terminated by the Federal Government. We are in the position at the present time of going before the BIA and applying for Federal recognition. I do not understand this. Even though the general services other than education are not on our priority list, there are certain areas where we would receive protection if we had Federal recognition. Thank you.

Senator COHEN. Does that complete your statement?

MS. BINGHAM. No. I would like to, at this time, take the opportunity to express my dismay at the idea that the Federal Government brings in thousands of foreign students from around the world and pays all of their expenses-everything. A great majority of these students attend Ivy League colleges.

When the Indian communities asked only for basic educational needs and the threat of having these cut became evident. It was a traumatic experience for us. It is not that we object to others getting an education, but we want to be included. We are Americans and we want to be serviced and have proper recognition.

I ask that strong consideration be made that the Indian education program is not or rather not be transferred to the BIA.

Thank you.

Senator COHEN. Thank you very much, Ms. Bingham. Without objection, your entire statement will be entered into the record at this point.

[The statement follows:]

PREPARED STATEMENT OF THE MASHPEE WAMPANOAG INDIAN TRIBAL COUNCIL, INC., PRESENTED BY AMELIA G. BINGHAM, TRIBAL REPRESENTATIVE

I am Amelia G. Bingham, former Massachusetts Commissioner on Indian Affairs, former Director of Title IV Indian Education Program for Mashpee and Falmouth, Massachusetts, presently employed by the Tribe as the C.D.C. Mashpee Wampanoag Community Economic Development Planner. I reside at Fish House