(h) authorizes $35,000,000 for fiscal year ending June 30, 1974, and $35,000,000 for each of the four succeeding years. Fund would remain available until expended.

Part D.-Youth intern program

Sec. 207 provides for the establishment of a summer youth intern program for Indian students 16 years of age or older who are enrolled in secondary, vocational, or higher education programs.

Sec. 208 requires the Secretary to recognize community service fields which can provide opportunities for career related activities for Indian youth; provides that the Secretary determine number of eligible Indian youth for summer employment under (a); and provides for negotiations between the Secretary and the employer which will include job description, evaluation of progress, and formal consultation.

Sec. 209 establishes procedural requirements for the Secretary in administering the youth intern program related to wages, preservation of fulltime employees and benefits of employment.

Sec. 210 authorizes appropriations for Part D of $10,000,000 for the first fiscal year and $15,000,000 for each of the next two fiscal years.

Part E.-Education research and development

Sec. 211 authorizes educational research and development grants and contracts with universities, colleges, and other public and non-profit private organizations; requires that the Secretary shall obtain the advice of educational specialists, including Indians, prior to making or entering into such grants or contracts; and requires that such grants or contracts not duplicate substantially other similar efforts.

Sec. 212 authorizes $2,000,000 for the first fiscal year and $3,000,000 for the next two succeeding years.

Part F.-Adult vocational, early childhood special and higher education

Sec. 213 requires the Secretary, after consultation with the Indians, to submit to the 94th Congress proposed programs in each of the areas contained in the Part heading.

Sec. 214 authorizes $750,000 for Part F.

Part G.-General provisions

Sec. 215 requires that the quality of educational services provided for Indian students by affected districts be comparable to those for non-Indian students before Federal funding under this title is available.

Sec. 216 limits to public agencies and tribal organizations except those bodies are permitted to subcontract with their individuals, organizations, or corporations.

Sec. 217 provides for Secretarial promulgation of regulation for this title.

Sec. 218 authorizes the Secretary to provide funds for the operation of former private schools over which the tribes assume authority. The Secretary is required to submit annual reports to the House and Senate Interior Committees on this program.

Sec. 219 provides that financial assistance to public schools for the education of Indians under this title shall be in addition and supplemental to assistance provided under title IV of the Act of June 23, 1972.

Hon. JAMES A. HALEY,

U.S. DEPARTMENT OF THE INTERIOR,

OFFICE OF THE SECRETARY, Washington, D.C., May 17, 1974.

Chairman, Committee on Interior and Insular Affairs, House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: This further responds to your request for the views of this Department on S. 1017 (the "Indian Self-Determination and Education Assistance Act"). In a separate letter we provided you our views on Title I (the "Indian Self-Determination Act") of S. 1017.

TITLE II.-INDIAN EDUCATION ASSISTANCE ACT

Title II of S. 1017 as passed by the Senate on April 1, 1974, contains a number of new programs and authorities for the Secretary of the Interior organized as follows:

Part A-Education of Indians in Public Schools

Part B-Preparation of Professionals in Indian Education

Part C-[Public and Tribal] School Construction

Part D-Youth Intern Program

Part E-Educational Research and Development

Part F-Adult, Vocational, and Early Childhood Education

Part G-General Provisions

For the reasons set out below:

We recommend enactment of portions of Parts A and G subject to certain comments and suggestions.

We recommend against enactment of Parts B, C, D, E and F.

PART A.-EDUCATION OF INDIANS IN PUBLIC SCHOOLS

This part includes amendments to the Johnson-O'Malley Act (25 U.S.C. 452454) and calls for a report to the Congress. We recommend enactment, subject to the comments and suggestions below, of section 202 except for the proposed new section 7 of the Johnson-O'Malley Act (JOM Act) which we recommend not be enacted. We also recommend against enactment of section 203.

Section 202 of S. 1017 would add three sections designed to improve the education activities assisted under the JOM Act by strengthening and clarifying our authority and requiring Indian involvement in the development of programs assisted under the Act. A fourth section would provide an unnecessary substitute JOM appropriation authorization authority or limitation for two years. Section 202 would make no change in the JOM Act with respect to contracts for "medical attention, agricultural assistance, and social welfare" which are also authorized by that Act.

It should be noted that the proposed new sections 4 and 7 would apply to JOM contracts involving private as well as public schools although the title of Part A refers only to public schools. The new section 4 of the JOM Act would require each prospective education contractor to submit an education plan which (1) contains educational objectives which adequately address the educational needs of the Indian students who are to be beneficiaries of the contract and (2) assures that the contractor is capable of meeting such objectives. We note an apparent typographical error in that the word "contractor" should be used in place of "contract" the last time it appears in section 4. The Senate Report (No. 93-762) on S. 1017 indicates on page 22 that the "contractor" was the term intended.

The new section 5(a) of the JOM Act provides for the establishment of a "local committee" elected by the parents of Indian children enrolled in the schools of any school district affected by a JOM education contract if the membership of the school district's board does not include an Indian majority. Such committee is to "fully participate in the development of, and shall have the authority to approve or disapprove programs to be conducted under the JOM contract and shall have such other duties, and be so structured, as the Secretary of Interior shall by regulation provide." The section also provides for the tribal governing body to determine which local committee shall be utilized in the event that such a committee has been established pursuant to a provision of the Indian Education Act (20 U.S.C. 241aa, dd) or for purposes of JOM contracts prior to enactment of S. 1017.

For purposes of clarification and technical accuracy we propose two amendments to the new section 5(a). In the first sentence the phrase "not composed of a majority of Indians" should be changed to "whose membership does not include an Indian majority". In the proviso in the second sentence insert "the Act of September 30, 1950 (64 Stat. 1100, Public Law 8-874) as amended by section 411 of" after "section 305(b) (2) (B) (ii) of" and change "(86 Stat. 235)" to "(86 Stat. 235, 334-337, Public Law 92-318)".

The new section 5(b) of the JOM Act would authorize this Department to revoke any contract if the contractor fails to permit a local committee to perform its duties as provided in section 5(a).

The new section 6 of the JOM Act would provide specific discretionary authority for education contracts to include the "full per capita cost" of educating Indian students who are residing in Federal boarding facilities for the purpose of attending public schools not located in the State in which they normally reside. The Secretary would define "full per capita cost" under the authority provided in section 3 (25 U.S.C. 454) of the JOM Act.

The new section 7 would authorize the appropriation of $65 million for each of fiscal years 1975 and 1976 for the education of Indians pursuant to the JOM Act whether in public or private schools. The Senate Report (p. 22) states that the authorization would include financial support for the local committees established by the new section 5 of the JOM Act. The proposed appropriation authorization is not necessary as appropriations are authorized by the Snyder Act (25 U.S.C. 13). The proposed authorization would in effect be a $65 million limitation for only fiscal years 1975 and 1976 on a program which is budgeted for less than $26 million for fiscal year 1975. We recommend that this proposed section 7 not be added to the JOM Act.

We recommend against enactment of section 203 of S. 1017 because it is unnecessary.

Section 203 would require this Department (after consultation with the Department of Health, Education, and Welfare and others "competent" in the field of Indian education) to prepare and submit a report to the Congressional Committees on Interior and Insular Affairs by October 1, 1974 which is to include(a) a comprehensive analysis of the JOM Act as amended by S. 1017 including: (1) factors determining the allocation of funds for special or supplemental education programs and for current operating expenses of the contractors;

(2) the relationship of the JOM Act to four other statutes providing financial assistance for the education of Indians:

(A) Title I of P.L. 81-874 as amended (20 U.S.C. Chapter 13, "Financial Assistance to Local Educational Agencies");

(B) P.L. 89-10, the Elementary and Secondary Education Act, as amended (20 U.S.C. Chapter 24, Subchapter I; Chapter 13, Subchapter II, Chapter 15; etc.);

(C) P.L. 92-318, the Indian Education Act (20 U.S.C. 241aa, etc.); and

(D) P.L. 81-815, as amended (20 U.S.C. Chapter 19, "School Construction in areas affected by Federal activities”).

(b) a specific program to meet the special educational needs of Indian children who attend public schools, including at least:

(1) a plan for the equitable distribution of funds to meet such needs and, where necessary, to meet current operating expenses; and

(2) an estimate of the cost of the program.

(c) detailed legislative recommendations to implement the programs called for in (b).

(d) a specific program with legislative proposals to assist in the development and administration of Indian controlled community colleges.

The provisions of section 203 do not need to be enacted into law as we have sufficient authority to prepare such reports and we would do so whenever requested by your Committee or its Senate counterpart. We have already begun the work necessary to produce the report described in section 203 by October 1, 1974 and will provide it to both Committees.

PART B-PREPARATION OF PROFESSIONALS IN INDIAN EDUCATION

Part B would authorize financial assistance to universities and other organizations to provide fellowships and carry out programs and projects to train and improve qualifications of education personnel serving “Indians in public, private and totally federally funded schools."

We recommend that Part B not be enacted because it duplicates existing authority the Interior Department has under the Snyder Act (25 U.S.C. 13) for such activities as our scholarship program which assists Indian students in education and other fields. We defer to the Department of Health, Education, and Welfare as to the apparent duplication of Part B and the specific authority provided that Department such as in section 810(a)(3) and (d) of P.L. 89–10 (the

"Elementary and Secondary Education") as amended (20 U.S.C. 887c(a) (3) and (d)) by section 421 (a) of the Indian Education Act.

PART C-[PUBLIC AND TRIBAL] SCHOOL CONSTRUCTION

We recommend against enactment of Part C because we do not believe that the Department of Interior should undertake a public school construction assistance program which would duplicate the program administered by the Department of Health, Education, and Welfare under Public Law 81-815.

We defer to the Department of Health, Education, and Welfare as to the operation, funding, or other aspects of the Public Law 81-815 program and its relation to Part C.

PART D-YOUTH INTERN PROGRAM

Part D would authorize the Secretary of Interior to establish an Indian youth intern program "to provide meaningful and career-related work opportunities" for Indian youth who are not enrolled in educational programs during the summer months.

We recommend against enactment of Part D because there is authority for such a program under the Snyder Act (25 U.S.C, 13) or for those 18 years or older, under the Public Law 84-959, as amended (25 U.S.C. 309) vocational and on-the-job training programs administered by this Department.

PART E-EDUCATIONAL RESEARCH AND DEVELOPMENT

Part E would authorize grants to or contracts with universities, colleges, nonprofit organizations, or individuals "for research, surveys, and demonstrations in the field of Indian education" and for the dissemination of the information derived.

We recommend that Part E not be enacted because it duplicates authority we have under the Snyder Act (25 U.S.C. 13) to accomplish the same purposes by contract.

PART F-ADULT, VOCATIONAL, AND EARLY CHILDHOOD EDUCATION

Section 213 would require the Secretary of Interior to present a report to the 94th Congress by March 1975 which is to include a number of education and training program proposals and an assessment of the capability of the Federal Government to measure effectively and accurately the educational progress and achievement of Indian people.

We recommend against enactment of Part F because the development and evolution of such programs is a continuing responsibility of ours and is currently authorized under the Snyder Act (25 U.S.C. 13).

PART GGENERAL PROVISIONS

Section 215 would prohibit any Title II funds going to any school district unless this Department is satisfied that the quality and standard of education, including facilities and auxiliary services, for Indian students enrolled in such district's schools are at least equal to that provided all other students from resources other than Title II of S. 1017. A similar provision applicable only to Part C (School Construction) is included in section 206(d). We have no objection to section 215 which is consistent with section 3 (25 U.S.C. 454) of the Johnson-O'Malley Act.

Section 216 would require any funds made available under Title II of S. 1017 (other than under Part B, "Preparation of Professionals in Indian Education") be made available directly to "public agencies and Indian tribes, institutions, and organizations" but specifically permits those recipients to "contract for necessary services with any appropriate individual, organization, or corporation”. We have no objection to this section but for clarification and consistence in terminology we suggest that the phrase "public agencies and Indian tribes, institutions, and organizations" be changed to "public agencies and tribal organizations" since section 4 (c) defines "tribal organization” to include tribal governing bodies and certain other organizations. If the reference to "Indian *** institutions" is intended to mean institutions not included in the definition of "tribal organization", that fact should be clarified and such institutions more precisely identified. Section 217 provides for the development of rules and regulations to implement Title II in a manner similar to that specified for Title I in section 107 and dis

cussed in our report on Title I. We have no objection to the provision, however the Committee may wish to consider avoiding unnecessary repetition by combining sections 107 and 217 into a single section applicable to both titles.

We do not recommend enactment of section 218 as passed by the Senate. Section 218 provides that the "Secretary is authorized and directed to provide funds, pursuant to [S. 1017; the Johnson-O'Malley Act;] or any other authority granted to him to any tribe or tribal organization which controls and manages any previously private school" and requires an annual report to the Congress on such assistance. We are already contracting to provide financial assistance for the operation of such schools. However, we do not now have authority such as proposed in section 206 (c) to assist the construction, alteration, or the improvement of tribal or other non-Federal facilities.

As written, section 218 apparently seeks to prohibit any discretion on this Department's part as to the provision of the financial assistance authorized. We consider such a requirement seriously wrong because it could require Federal assistance to the operation and, in connection with section 206 (c), even the construction of schools or related facilities which could divert students from existing adequate public or Bureau of Indian Affairs (BIA) schools. In addition, the lack of any standards as to the amount of assistance that the Department would be "directed" to furnish could lead to disputes and litigation.

However, there are cases where Indian children are now being educated in sectarian or tribal schools. In some of these cases adequate public or BIA school facilities are not available in the locality, and the closing of the sectarian or tribal schools would not only be distressful to the parents and children involved but could result in the children being sent to a BIA boarding school. Therefore, to avoid such circumstances, this Department should have discretionary authority to provide financial assistance to tribal schools which were formerly private schools. In line with the provisions set out in 25 U.S.C. 278 and the constitutional problems that would be involved, we do not believe that assistance can be extended to sectarian schools.

In the case of assistance for construction, alteration, or improvement, we would limit our assistance to temporary measures necessary to remedy unsafe or unhealthy conditions where existing public or BIA school facilities in the locality need to be improved or enlarged to accommodate the transfer of such students. Where existing public or BIA school facilities are adequate to accommodate the students in a tribal school we would provide no assistance for construction, alteration, improvement or for any operational costs which would not be costs borne by the Federal government if the students attended public or BIA schools in the locality.

We also believe that tribal schools aided by Federal funds should be owned by such tribes rather than only controlled and managed by them as provided in section 218.

We recommend that section 218 be enacted if it is rewritten in a manner such as follows:

"Sec. 218. The Secretary is authorized to enter into contracts to provide assistance from funds appropriated pursuant to the Act of November 2, 1921 (42 Stat. 208) or the Act of April 16, 1934 (48 Stat. 596), as amended, to any tribal organization which owns, controls, and manages a previously private school and related facilities to assist in the operation, alteration, or improvement of such school and related facilities: Provided, That such assistance shall be in such amounts and subject to such terms and conditions as the Secretary shall determine in consultation with the tribal organization involved."

It should be noted that under section 102 of S. 1017, a tribe may contract for the operation of Bureau schools serving their children and that section 202 assures Indian involvement in the public school activities assisted under the Johnson-O'Malley Act.

Section 219 declares that assistance provided under S. 1017 for the education of Indian children in public schools is in addition and supplemental to assistance provided under the Indian Education Act. We recommend against enactment of this section because we believe that such assistance could be duplicative. The Office of Management and Budget has advised that there is no objection to the presentations of this report from the standpoint of the Administration's programs.

Sincerely yours,

JOHN H. KYL, Assistant Secretary of the Interior.

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