It is our hope that in the future we will have more oversight hearings, perhaps 200 or 300 percent more than we have ever conducted in the past because we want to improve the programs that affect the Indians of this country.

It is a great pleasure for me at this time to call upon Mr. Morris Thompson, the Commissioner of the Bureau of Indian Affairs, Department of the Interior.

Please come around, Mr. Thompson.

Also, we are pleased to have Dr. William G. Demmert, Deputy Commissioner of Indian Education, Office of Education, who is accompanied by Mr. Richard Hastings and Dr. Albert Alford, who has been with us for many years.

Right now we will hear from Mr. Thompson. Without objection, your prepared statement will be inserted in the record at this point, and you may proceed in any way you choose.

Mr. Goodling, do you want to say anything at this time?

Mr. GOODLING. No.

Chairman PERKINS. Mr. Meeds, is there anything you want to say at this point?

Mr. MEEDS. No.

Chairman PERKINS. Go right ahead with your statement, Mr. Thompson.

[Prepared statement of Morris Thompson follows:]

PREPARED STATEMENT OF MORRIS THOMPSON, COMMISSIONER OF INDIAN AFFAIRS

BIA INDIAN EDUCATION

The Bureau of Indian Affairs (BIA) provides educational services to Indians who are one-quarter or more Indian by blood quantum. The largest single service program of the BIA is Education. A review of the statuory authorizations reflects the general approach to the BIA's Education program.

The basic statutory authorities are: the "Snyder Act of 1921" (25 U.S.C. 13), the "Johnson-O'Malley Act" (25 U.S.C. 452-457), and the recent Indian SelfDetermination and Education Assistance Act (P.L. 93-638). There are other statutes which deal with Indian education, but these three provide basic authority and direction to the Bureau's Education program. Appendix A presents a more complete identification of statutes relating to the BIA's Education Program.

The BIA has an exceedingly long history of working directly with Indian tribes at the community level. It is an "Operational" agency which provides services to Indian tribes, including direct educational services to Indian children and operation of educational facilities. It also provides assistance to public and tribally operated schools serving Indian children.

It is important to emphasize the long standing grassroots relationship between tribes and the BIA that is characterized by providing direct services. The BIA is administratively structured to relate to tribes on a national basis; this structure has existed in one form or another since 1932. Recognition of this organizational and functional reality is the key to an understanding of Indian education. The BIA Education Appropriation for Fiscal Year 1975 was in excess of $221 million. This amount included the following programs: Federal School Operations; Assistance to Public Schools (Johnson-O'Malley); Career Development (Higher Education, Adult Education, Adult Vocational Education); and School Construction. Additionally, $20 million in grants from the Department of Health, Education, and Welfare was allocated to Indian youth attending BIA schools. In fiscal year 1974, the BIA operated 194 schools with an enrollment of 49,524 Indian, Aleut, and Eskimo children, and 19 dormitories for an additional 3,384 children attending public schools. One hundred and four tribes or groups served by the BIA were represented in fiscal year 1974. Of those Indians in Federal schools, 17,068 were in day school and 32,456 were in boarding schools. Schools range in size from one-room rural schools to consolidated schools with an enrollment of 500 or more. The BIA operates seventeen off-reservation boarding schools

enrolling primarily high school age students. The program of assistance (Johnson-O'Malley) to non-Bureau school involves over 113,000 students with 34 contracts to tribes, 71 contracts to public school districts, and 9 contracts to states. The distribution of funds for the JOM program is shown in Appendix B. Almost 70 percent of all Indian children served by the BIA attend public schools with about 26 percent attending Federal schools; the remainder attend private schools. For fiscal year 1974, 13 school programs were contracted to tribal groups. This arrangement makes it possible for a tribe to assume full control of the operation of previously Federal and private schools. Total enrollment in these schools was 2,469.

As a part of the Career Development program, the Bureau provides scholarship assistance to Indians attending colleges and universities throughout the United States. For fiscal year 1975, there were 14,700 grantees and 1,500 graduates. There has been a growing desire on the part of Indian youth to attend colleges and universities. Appendix C provides a ten-year summary of the program. For fiscal year 1975, approximately $28 million was appropriated for new school construction. School construction is one area in which there is great need. It is estimated that the total backlog of need for new schools approaches $500 million, but this amount has not been evaluated by the Department.

On January 4, of this year the President signed Public Law 93-638, which is titled, "The Indian Self-Determination and Education Assistance Act." This is one of the most significant laws in the field of Indian Affairs to be passed in many years. It has the basic purpose of strengthening the potential for Indian tribes to assume control of all BIA Education programs as well as other BIA and Indian Health Service programs. The BIA has been working diligently the past few months in developing regulations to implement this law by November 4, 1975. Suffice it to say that it is our hope that Indian tribes will in time control their own schools and Public Law 93-638 will have done much to help it come about.

At this point, I would like to point out several activities in the Bureau that will better explain what is taking place. The implementation of Public Law 93638 serves as a good springboard for discussing other developments in BIA Education activities. During the 1975 fiscal year, as a part of the Administration's Management by Objectives program, the Bureau developed a project aimed at strengthening the process of turning Federal schools over to tribal control. An objective was developed which stated: "By the end of FY 1975, in at least onefourth (50) of the Bureau schools, by official action of a Tribal or Alaskan village government, a choice of the management system will be made by those served by the schools." The project was developed in a manner providing a process leading to an informed decision. In excess of seventy schools participated and four schools changed from Federal to a non-Federal status through tribal referendum. The project is being continued through FY 76.

During the school years 1973-74, and 1974-75, the BIA carefully developed a program in Student Rights and Responsibilities that is a leader in the field. The outcome of the program is a Student Bill of Education Rights and Procedural Due Process for students that has been entered in the Code of Federal Regulations (CFR). (See Appendix D.) (Placed in Subcommittee files). A companion to the CFR material has been the introduction of law-related curricula and the delineation of student responsibilities. This work anticipated recent Supreme Court decisions and we believe that it fully meets the requirements of the law and has placed Indian youth in a fair and just legal position regarding their basic rights. In providing assistance to Indian children enrolled in public schools, the BIA has instituted procedures that place control of programs and funds under direction of tribal committees. The procedure was started some four years ago but is not yet standard practice throughout the country. (See Appendix E.) (Placed in Subcommittee files.)

In general, it has been the policy of the BIA for almost five decades to emphasize localism in Indian education. This policy is a reflection of legislative action on the part of the Congress and can be traced to the Indian Reorganization Act of 1934. It is consistent with the recent enactment of Public Law 93-638 which will further strengthen tribal governments so that they may assume control of the education of their children in a manner consistent wth other local governments. It should be noted that the BIA's Objective, as delineated in its Management by Objective program, emphasizes tribal governments. In brief, the BIA has a long history of working wth tribes toward greater and greater local control of education. Public Law 93-639 represents an innovation and has served as a catalyst on the long road to Indian control of Indian education.

It is important to know that the characteristics of Indian children enrolled in BIA schools are extraordinary when compared to those of the non-Indians. In some respects Indian children have characteristics similar to other minorities, but for the most part, here, too, Indian children in BIA schools are also different from other minorities. The differences between Indian children and others is related to their cultural heritage and to what this means in terms of language and basic differences in perspective regarding a world view.

The BIA, in order to meet the educational needs of Indian children, has developed specialized curricula in such areas as bilingual-bicultural education, the social studies, science, music, art and early childhood education.

In order to develop an identifiable accountability activity, BIA is implementing an Education Information System which is a management information system. This system is composed of five subsystems: student enrollment, curriculum, staff, facilities, and community. The subsystem in student enrollment will be fully operational by the end of the school year 1975-76. The curriculum subsystem will enter a preliminary phase in 1975-76, and will be in operation at the end of 1976-77. The staff subsystem will be completed by the conclusion of 1976-77. The facilities subsystem will be completed by the end of school year 1976-77 and the community subsystem will be completed by the conclusion of 1977-78. This entire system is being applied at first to Federal school operations and is adaptable with minor modifications to the full range of BIA education programs. Schools contracted to tribes are already included in the system. In time the BIA will be able to respond with relative efficiency and improved accuracy to education information needs.

It should also be pointed out that the BIA is in the process of developing regulations governing student records and information. This is a project that is closely related to the Student Right and Information program and to the Education Information System. For instance, student records that form the base of the enrollment subsystem have been reviewed in relationship to a number of new law requirements, including the Freedom of Information Act, the Privacy Act of 1974, and the Buckley Amendment (part of Public Law 93-380). THE U.S. OFFICE OF EDUCATION, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, AND THE BUREAU OF INDIAN AFFAIRS

The relationship between the USOE and BIA is analogous to one that would exist between USOE and a state department of education. For instance, the BIA has for a long time participated in programs such as Public Law 81-874, which provides aid to Federally impacted areas. With the passage of the Elementary and Secondary Education Act of 1965, the BIA related to USOE in a quasi-state manner so that Indian children could participate fully in this program. Of course, the BIA has continued this relationship, and expanded it under the programs provided in Public Law 93-380. Additionally, BIA has worked closely with USOE regarding Public Law 81-815 which provides funds for public school construction for Indian children. Public Law 81-815 was modified with the recent passage of Public Law 93-638 and a somewhat different relationship will be required in the future.

The usual manner of formalizing the relationship between BIA and USOE is not unlike that required of a state or public school district. This is especially the case regarding Public Law 93-380. In each program, the regulations and guidelines promulgated by USOE are followed by BIA and the aid provided is thereby made available to Federal schools. If guidelines and regulations are not applied to the BIA, then a memorandum of understanding between the BIA and USOE is developed. Examples of such programs are described in the following paragraphs.

Title I funds are provided to the Bureau as authorized in Public Law 93-380 and under a memorandum of understanding agreed to by the Commissioner, U.S. Office of Education, and the Commissioner of Indian Affairs. The Bureau maintains direct contact with the U.S. Office of Education through the BIA Central Office. (See Appendix F.)

As indicated by our annual report for fiscal year 1974, the BIA had 149 projects in 209 schools. In F.Y. 1975 USOE allotted $17.567,233 for an estimated 49,513 identified students in the Bureau operated or funded non-public schools. These funds provided supplementary services to students in the basic areas of reading, math, and language arts. The information for our 1975 annual reports has not been received yet, but based on past information and reports, students

receiving supplementary services are gaining one month academically for each month's participation in Title I funded projects.

Appendix G provides a succinct synopsis of BIA Title I activities.

Title II of Public Law 93--380 provides supplementary books and media materials for use in Bureau-operated schools. The amount normally provided is modest, therefore, it is concentrated in specific locations. The amount received in fiscal year 1975 was approximately $129,848.

Title III of Public Law 93-380 provides for pilot projects which are creative and innovative with the intent of leading to the improvement of instruction. The funds are expended to approved projects which are received for review by the Title III Advisory Council. The total amount allocated for fiscal year 1975 is $302,871. Title III is operating on the basis of a State Plan.

The Bureau of Indian Affairs, Office of Indian Education Programs, works closely with the U.S. Office of Education to obtain participation in those programs funded by USOE for which the BIA is eligible. Currently, the BIA applies approximately $2.3 million of the approximately $20 million provided the BIA through ESEA, Title I, to programs for education of the handicapped. Also applied are 15 percent set-aside monies that are directed in Title III to the same purpose. Recently, BIA was able to secure quasi-Statehood status for the BIA in reference to Part B of the Education of the Handicapped Act. This entitles the BIA to submit a State Plan and participate in the programs of Part B of the Education of the Handicapped Act on a basis comparable to a State. In fiscal year 1975, the BIA received $970,000 through Part B of the Education of Handicapped Act to be applied to Special Education Programs for Handicapped Indian students.

Additionally, the BIA works in close cooperation with the USOE in the operation of Higher Education Assistance Programs. Through this means a "Memorandum of Understanding" was developed (Appendix F) that was signed by me (the BIA Commissioner) and then USOE Commissioner, Mr. John Ottina. This in turn caused the USOE to distribute a "Dear Colleague" letter to all financial aid officers at colleges and universities, instructing them to prepare financial aid packages for needy Indian students on a comparable basis to those they prepare for any other student. Needy Indian students continue to enjoy a unique relationship with the BIA in this matter. A recent evaluation of our Higher Education Assistance Program revealed a high percent of satisfaction with its operation on the part of the participants.

The above is not a complete list of non-Interior Federal education programs in which BIA participates on behalf of Indian tribes. It does not contain the details of the relationship between BIA and USOE on Public Law 81-815 which was recently modified and for which new regulations are being promulgated. What has been presented is a description of how the BIA relates to other Federal agencies on behalf of Indian tribes.

In addition to the above, the BIA carries on an informal relationship with the USOE Office of Indian Education, which was established by the Indian Education Act of 1972. The two Commissioners have met and established liaison between the agencies. In follow-up, BIA Central Office Education staff have met with staff of the USOE Office of Indian Education and have established joint committees for liaison purposes. Unlike other programs in USOE, the office of Indian Education carries its programs directly to tribes. This concludes my statement.

APPENDIX A-STATUTES

AUTHORIZING FEDERAL STATUTES PERTINENT TO INDIAN EDUCATION, BUREAU OF INDIAN AFFAIRS

5 USC APPENDIX PAGE 530-REORGANIZATION PLAN-NO. 3 OF 1950; 64 STAT. 1262 All the functions of the Commissioner of Indian Affairs and of the Bureau of Indian Affairs and its employees were transferred to the Secretary of the Interior.

25 U.S.C. § 2-ACT OF JULY 9, 1832; 4 STAT. 564

Duties of Commissioner of Indian Affairs.-The Commissioner of Indian Affairs shall, under the direction of the Secretary of the Interior, and agreeably

to such regulations as the President may prescribe, have the management of all Indian affairs and of all matters arising out of Indian relations. R. S. § 463.

25 U.S.C. 13-ACT OF NOVEMBER 2, 1921; 42 STAT. 208

Expenditure of appropriations by Bureau of Indian Affairs.-The Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate for the benefit, care, and assistance of the Indians throughout the United States for the following purposes:

General support and civilization, including education.

For relief of distress and conservation of health.

For industrial assistance and advancement and general administration of Indian property

For extension, improvement, operation, and maintenance of existing Indian irrigation systems and for development of water supplies.

For the enlargement, extension, improvement, and repair of the buildings and grounds of existing plants and projects.

For the employment of inspectors, supervisors, superintendents, clerks, field matrons, farmers, physicians, Indian police, Indian judges, and other employees.

For the suppression of traffic in intoxicating liquor and deleterious drugs. For the purchase of horse-drawn and motor-propelled passenger-carrying vehicles for official use.

And for general and incidental expenses in connection with the administration of Indian affairs. Nov. 2, 1921, c. 115, 42 Stat. 208.

25 U.S.C. § 295-ACT OF APRIL 30, 1908; 35 STAT. 72

Supervision of expenditure of appropriations for school purposes.-All expenditure of money appropriated for school purposes among the Indians, shall be at all times under the supervisions and direction of the Commissioner of Indian Affairs, and in all respects in conformity with such conditions, rules, and regulations as to the conduct and methods of instruction and expenditure of money be from time to time prescribed by him, subject to the supervision of the Secretary of the Interior. Apr. 30, 1908, c. 153, 35 Stat. 72.

ACT OF JUNE 2, 1924; 43 STAT. 253

All non-citizen Indians born within the territorial limits of the U.S. were made citizens of the U.S. and of the States in which they reside.

25 U.S.C. § 297-ACT OF MAY 25, 1918; 40 STAT. 564

Expenditure for children with less than one-fourth Indian blood.-No appropriation, except appropriations made pursuant to treaties, shall be used to educate children of less than one-fourth Indian blood whose parents are citizens of the United States and and of the State wherein they live and where there are adequate free school facilities provided. May 25, 1918, c. 86, § 1, 40 Stat. 564.

25 U.S.C. 282-ACT OF FEBRUARY 14, 1920; 14 STAT. 410

Regulations by Secretary of Interior to secure attendance at school.-The Secretary of the Interior is authorized to make and enforce such rules and regulations as may be necessary to secure the enrollment and regular attendance of eligible Indian children who are wards of the Government in schools maintained for their benefit by the United States or in public schools. Feb. 14, 1920, c. 75, § 1, 41 Stat. 410.

25 U.S.C. § 231-ACT OF FEBRUARY 15, 1929; 45 STAT. 1185

Enforcement of State laws affecting health and education; entry of State employees on Indian lands.-The Secretary of Interior, under such rules and regula