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1103396
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Manpower
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1103396
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Manpower
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Bradley H. Patterson Files (Ford Administration)
Bradley Patterson's Native American Programs Files
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1976-10-01
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The original documents are located in Box 4, folder "Manpower" of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 4 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library CY PROVIDED: DOMESTIC COUNCI J. BORWN J. HOPE THE WHITE HOUSE B. PATTERSON B. KILBERG WASHINGTON June 11, 1976 MEMORANDUM FOR: DAN MC GURK JIM MITCHELL FROM: TED MARRS SUBJECT: AMERICAN INDIAN EMPLOYMENT Will you please provide a draft with recom- mendations to DOT in regard to the attached. Enclosure FORD LIBRARY j GERALD OF DEPARTMENT INFORMATION OFFICE OF THE SECRETARY OF TRANSPORTATION WASHINGTON, D.C. 20590 UNITED STATES OF AMERICA MEMORANDUM FOR: Theodore C. Marrs Special Assistant to the President During my conversation with you during the meeting with the Oglala Sioux yesterday, I suggested that the Department of Labor (Office of Federal Contract Compliance Programs) could be contacted to develop and implement special provisions for employment of American-Indians on Federal and Federally-assisted construction projects on the Pine Ridge Reservation. We are advised that there is 60 percent unemployment among the Oglala Sioux and that of the employed, 40 percent are underemployed. Special provisions for Federal and Federally-assisted contracts could be developed to require employ- ment (and training) of Indians in that area. As a second suggestion, I mentioned that OFCCP has an Indian on its headquarters staff who could play an identifiable role in this effort. He is Tom Fields, a Cherokee from Oklahoma, with several years of experience in the contract compliance program. Bot Robert J. Coates, Chief Public Programs Division Departmental Office of Civil Rights (202) 426-4754 GERALD R. LIBRARY FORD Ted, ar know I ass, personally American interested in your having when I can to help Indian I Please count on me to help in drug win I cm- Bor CY PROVIDED: DOMESTIC COUNC] J. BROWN J. HOPE THE WHITE HOUSE B. PATTERSON WASHINGTON B. KILBERG June 11, 1976 MEMORANDUM FOR: DAN MC GURK FORD & LIBRARY 076835 JIM MITCHELL FROM: TED MARRS SUBJECT: AMERICAN INDIAN EMPLOYMENT Will you please provide a draft with recom- mendations to DOT in regard to the attached. Enclosure Ted, IS Rethir I I Think alriady To effective directly TURN That working have for Larry be call Bubbie: MoRe Loaber OF / OFFICE OF THE SECRETARY OF TRANSPORTATION WASHINGTON, D.C. 20590 UNITED AMERICA STATES OF MEMORANDUM FOR: Theodore C. Marrs Special Assistant to the President During my conversation with you during the meeting with the Oglala Sioux yesterday, I suggested that the Department of Labor (Office of Federal Contract Compliance Programs) could be contacted to develop and implement special provisions for employment of American-Indians on Federal and Federally-assisted construction projects on the Pine Ridge Reservation. We are advised that there is 60 percent unemployment among the Oglala Sioux and that of the employed, 40 percent are underemployed. Special provisions for Federal and Federally-assisted contracts could be developed to require employ- ment (and training) of Indians in that area. As a second suggestion, I mentioned that OFCCP has an Indian on its headquarters staff who could play an identifiable role in this effort. He is Tom Fields, a Cherokee from Oklahoma, with several years of experience in the contract compliance program. Bob Robert J. Coates, Chief Public Programs Division Departmental Office of Civil Rights (202) 426-4754 ERELO FORD Ted, ar Anow I on personally American interested in your having what I can to help Indian Please count on one to help in drug was I can - Dr ETA Interchange U.S. Department of Labor Employment and Training Administration July 1976/Vol. II, No. 7 GERATE R. FORD 'We've Turned a Corner,'. Kolberg Tells IAPES Looking back over his three years' leader- Turning to the Unemployment Insurance ship of the- Federal-state employment security Service, Kolberg said UI benefits were denied system, Assistant Secretary Kolberg told to more than four million ineligible claimants IAPES national conference goers last month in as 14 million collected benefits in 1975. Atlanta "a major corner has been turned in our conception of what to do and how to resolve While state UI systems were paying out some of our problems. 11 nearly $18 billion in benefits during the year, Kolberg said the system's quality controls "The employment security system, by the saved a potential $4.5 billion in additional very nature of its geopolitical structure, has payments by catching ineligible claims. so many variables, so many facets, so many tangents, that our hopes and aspirations, I "Despite the incredible pressure of millions realize now, had to be tempered by time. I of claimants and not enough UIstaff, the system don't think I know that the time has ar- also detected $78 million in overpayments and rived, he said. recovered $45 million to date, 11 Kolberg said. (Continued on Page 5) Confidence Based on Changes His confidence, he said, is based on the 2/3rds of CETA Sponsors plans and changes that state and local offices are making to improve the system in the com- ing months and years, and on similar changes Assessed 'Satisfactory' the USES and UIS are making to provide sus- tained leadership. Nearly two-thirds of the 431 CETA prime sponsors performed satisfactorily during the Reviewing recent innovations by the Em- first three quarters of FY 1976, according to ployment Service or Job Service, he called results of formal assessments. it Kolberg pointed to the Employment Security Automation Project (ESAP), consoli- The performance assessments were con- dating the Job Bank, Applicant Data System, ducted by regional office staff between April ES Automated Reporting System, and UI Auto- 1 and May 31. They are required by law each mated Tax Accounting System. year prior to funding decisions for the new fiscal year. "A national, automated system has been in the talking stage for more than a decade, " he "We have to ensure that maximum efforts said, "and I am proud to be able to stand here have been made by prime sponsors to meet the today and say that you and I had a hand in provisions and goals of the plan they proposed finally launching this dream of a better way to and ETA approved for funding for the past carry out our mission. " year, 11 Assistant Secretary Kolberg said. "We're on Track Now" All sponsors were reviewed and classified as either satisfactory, marginal, or unsatis- After a rundown of recent Employment factory, based on their performance in six Service developments placements, employer critical program areas as published in the services, job matching, resource allocation, Federal Register of February 20, 1976. and so on -- Kolberg said "we're on track " now. If a sponsor received an unsatisfactory rating in any one of the three most critical "I think our knowledge of the role of the Job areas performance-against-plan, financial Service and its ultimate potential is now well- reporting, or management information sys- established. We are settling down to the basics tems it resulted in an over-all unsatis- of what it can do and are moving ahead with factory rating. conviction to get the job done, " he said. (Continued on Page 7) Job Corps Goes Coed; Better Program Is Result New Funds Add Jobs exams, personal and job-related counseling, job training if necessary, and placement in "When people ask me about the whys of co- educational Job Corps programs, I just tell to both men and women. This includes pre- For Older Workers regular unsubsidized jobs, whenever possible. them it's the natural thing to do, says Glenn apprenticeship union training in the construc- A recent appropriation of $55.9 million is During the first nine months of the current Hardison, associate regional administrator for tion trades and welding for women, and nurses' training for men. being used for an immediate expansion of the fiscal year (September 1975 through March Job Corps, Region VI. Senior Community Service Employment Pro- 1976), cumulative enrollment was over 18, 000, gram (SCSEP) from its present level of 12, 400 and equally divided between male and female Another reaction comes from Jon Bosman, Another result of coed conversions and slots to about 15, 000. workers. Their average hourly wage was about Job director of residential living for the Cincinnati the one most obvious to the actual participants $2.40, and 56 percent of them were over 65. Corps Center: "The initial reaction of -- is to improve interpersonal relationships among corpsmembers by providing an atmos- SCSEP, authorized under Title IX of the many staff members myself included -- was phere in which men and women share learning Older Americans Act, is administered by Half of the participants had no more than an 'Why do we have to change to a coeducational and working experiences similar to those they ETA's Office of National Programs. Parti- eighth grade education. Nearly 73 percent center?' I guess we expected the worst a cipants must be at least 55 years of age and were white, 20 percent black, and the remain- new set of problems. It hasn't turned out that are expected to encounter after they complete economically disadvantaged. ing 7 percent American Indian or from another way at all; in fact, the opposite is true. 11 their Job Corps training. ethnic group. Six percent were Hispanic. SCSEP funds are allocated for use in states For many years, there were Job Corps Has this occurred? Job Corps is under- centers for men, and Job Corps centers for taking some limited studies to find out, but by a statutory formula that takes into account Many Title IX projects are supplemented the preliminary word coming in from the cen- each state's per capita income, number of with funds from local CETA prime sponsors or women. There were even separate divisions persons 55-plus, and level of program activ- from Governors' CETA grants (see ETA Inter- within the Job Corps national office to ad- ters is affirmative. ity in FY 1975. change, January 1976). minister the two types. For example, Robert M. Blackwell, super- visor of residential living and security at The new funds come from an emergency Regulations for the Senior Community Today, all that has changed. Increasingly, supplemental appropriations bill that also Service Employment Program appeared in the it's one Job Corps program, with a strong Cincinnati, reports that coeding has resulted included $1.2 billion for CETA Title II jobs Federal Register March 2, 1976. movement for equal training opportunities for in a more active student government, improved both men and women, including non-traditional class attendance, better rapport among (see ETA Interchange, May 1976). The FY 1976 appropriation for SCSEP was vocational training for both sexes. trainees, and conspicious improvements in grooming by the young men. Over 80 percent of the money for older $42 million. worker programs $46.3 million -- will sup- The catalyst for this movement is CETA, port existing projects through June 1977. The FORD which requires the Secretary to enforce sub- remaining $9.6 million is to be used to estab- section 712 (a), prohibiting discrimination on the basis of sex. lish new community service job projects that Extra $35 Million Means Brief Facts on Job Corps will create approximately 2, 600 additional Over the years, the biggest sex inequity in More Summer Jobs GER LIBRARY positions for the July 1976 - June 1977 period. Job Corps was sheer numbers: men outnum- Operation: A national system of 60 residential centers in Individual SCSEP projects are sponsored bered women about 5 to 1. The low point occur- 31 states and Puerto Rico provides basic education, voca- red in FY 1968 when only 16 percent of the pro- tional training, counseling, health care, and similar re- in 47 states by five national organizations: An extra $35 million from CETA Title I newal services to help disadvantaged young men and Green Thumb, Inc. ( a subsidiary of the discretionary funds allocated to 45 large cities gram's training opportunities were available to women, 16 through 21, prepare for jobs and adulthood. National Farmers Union), the National Council with nine percent or higher unemployment is women. Each year has seen an improvement. Enrollees in Job Corps residential centers receive of Senior Citizens, the National Retired creating about 60, 000 more summer jobs for Today, 29 percent are available to women. And room and board, clothing for work and dress, books and Teachers Association-American Association youth, 14 through 21. the goal for the end of FY 1977 is 33 percent. other learning supplies, and a cash allowance, part of which is paid on leaving the program after satisfactory of Retired Persons, the National Council on Eventually, 50 percent of Job Corps capacity must be open to women. participation. A few of the centers also accommodate Aging, and the Department of Agriculture's The announcement was made for the Secre- young people who live at home and take training during Forest Service. tary by Under Secretary Moskow at the annual the day. Enrollees may stay in Job Corps as long as With budget restrictions not permitting new two years. When they leave they are helped to find a meeting of the U.S. Conference of Mayors. job or advanced training or education. In seven jursidictions Alaska, Delaware, centers, existing centers had to be -- and con- Hawaii, American Samoa, Guam, the Trust "Inner cities have the greatest concentra- tinue to be converted to coed centers. Most Job Corps provides training, often by skilled union of the conversion has occurred in the past two workers, in such occupations as heavy equipment opera- Territory of the Pacific, and the Virgin Islands tions of unemployed, the announcement said. years. tion, auto repair, carpentry, painting, masonry, nurs- the projects are sponsored by state or "And youth unemployment in these areas re- ing, office work, and electronic assembly. Basic territorial governments. presents the largest share of the unemployed, education covers reading, mathematics, social studies, and preparation for the General Education Development with the rate for black youth invariably double Today, Job Corps has 21 coed centers: (GED) high school equivalency examination. Instruction The five national SCSEP sponsors are re- the rate for persons in the 16 to 24 age bracket." Angell (Ore.), Cincinnati, Detroit, El Paso, is also given in general living skills, such as hygiene and Phoenix, Portland (Ore.), San Jose, Kicking grooming. getting along in the world of work, and con- quired to consult with state agencies on aging structive use of leisure time. about the location of new projects and with area The summer jobs funds are being used to Horse (Mont.), Excelsior Springs (Mo.), agencies on the design of new programs. The provide jobs and training in the inner city only Guthrie (Okla.), Keystone (Pa.), Los Angeles, Enrollment: Job Corps has about 20, 000 enrollees (71% male, 57% black, 11% Spanish speaking, 2% Indian, and national sponsors either run projects through the CETA prime sponsors. Even if a Tongue Point (Ore.), Charleston (W. Va.), Cleveland, Atterbury (Ind.), Breckinridge 28% white) at any one time. Average length of stay being directly or sub-contract with locally based prime sponsor for a large city conducts pro- (Ky.), Gary (Tex.), the Brotherhood of Railway about six months, total enrollment in a year is more than public and private non-profit groups. grams for a metropolitan area, covering than 550, 000 young people have been served. 40, 000. Since Job Corps began in January 1965, more several adjacent counties, this special CETA and Airline Clerks extension training center in With their wages subsidized by the Federal Title I allocation will be restricted to core- Minneapolis, and the Marine Cooks and Stewards million. Funding: In fiscal 1976, Job Corps was funded for $190 Government, SCSEP participants hold down city use, the announcement made clear. extension training center in Santa Rosa, Calif. part-time jobs with day care and senior citizen Results: In FY 1975, Job Corps had a 93% placement centers, schools, hospitals, conservation and With the new funds, the total now available Besides providing more training spaces for rate; that is, of all youths available for placement, 70% went to jobs (average starting pay: $2. 50 an hour), 18% beautification projects, and so forth. for summer jobs and training opportunities for women, the "coeding" of Job Corps centers to school or other training, and 5% to military service. youth amounts to $563. 4 million for a minimum gives greater access to nontraditional training Besides subsidized jobs, the program also of 946, 000 jobs, a record high in dollars and provides participants with annual physical jobs in the 12-year history of the program. 2 3 FY'77 Regs Issued city workers, the number of such former city workers who could be rehired in public serv- Turned a Corner' (From Page 1) "tired old cry" was raised that the Employ- ment Service be federalized because the States ice jobs is limited to about 8 percent of the For CETA Titles I, II The four million persons denied benefits were not doing a good job. total hired for public service jobs with CETA funds. were in two categories, he said. Half were turned away because they had quit their jobs or "Well, I've said this before and I will Revised regulations for programs funded had beenfired for cause, the other half because say it again: There is nothing special or magic under CETA Titles I and II in FY 1977 were In cases where a percentage calculated in they had refused suitable work or had failed to about human beings who receive a U.S. published in the Federal Register June 25. this manner would result in a very few re- look for work. Treasury paycheck. Whether a system is hires, the percentage may go as high as 10 operated successfully or not depends entirely The regulations, first proposed last April, percent. Prime sponsors in exceptional He told members of the International As- on the individuals in the operation and not on reduce operating costs, improve services, and circumstances may appeal through their sociation of Personnel in Employment Security who has hired them, he said. clarify Labor Department policy on maintenance regional offices for an exception to the 10 per- that the "UI system, however, has some real of effort. cent limitation. The regulations now also credibility problems. "All the computers and machines in the provide that the 10 percent limitation applies world cannot supplant that special dedication During the 30-day comment period, reac- only to new rehires and will not affect rehires "Its integrity as an aid for the many thou- and service you have provided your fellow tions to the proposed regulations were received already on CETA rolls. sands eligible who collect jobless pay is in Americans, he said. from more than 200 individuals and organiza- question because of the lack of integrity of a tions. These comments were carefully evalu- In the section that prohibits training for few who take advantage. "Things are beginning to change in the ated and some resulted in revisions in the jobs in lower wage industries, the example of employment security system after more than earlier version. sewing machine operators and similar workers Vital We Maintain UI Integrity 40 years of trial and growth, " Kolberg said in the garment and apparel industries was in conclusion. "Certainly, the dire predictions One of the principal effects of the revised omitted in the revised regulations. This omis- "It is vital, " he said, "it is imperative we at the outset of what the system would perpe- regulations is to ease the administrative burden sion does not alter the Department's policy of maintain the integrity of the UI program and trate on our basic liberties proved totally of prime sponsors. prohibiting training for lower wage occupations restore the public confidence and acceptance false. Justas certainly, the predictions of what not only in garment and apparel work but in that it has enjoyed over its 40-year history. the system would accomplish for working In fiscal 1977, the notices describing the any industry. Americans did not totally materialize. program that all sponsors are required to "My concern for restored confidence in the publish need appear only one day instead of Copies of the revised guidelines are avail- system is based on my ultimate concern for able from ETA's regional offices. "I think we have nurtured the seed proper- three. Furthermore, the description must the eligible UI claimant. Any situation ly and may expect the results in the immediate give only the purpose of the grant and the that tends to detract from the earned right of years ahead as the final realization of what amount and source of funds, and indicate where that person to collect what is rightfully his or had been expected, " he concluded. the public can see the complete program plan, $2 Million in DUA hers concerns me deeply, 11 Kolberg said. as well as a comparison of last year's per- formance with its plan. Noting that in one week alone in January Paid Out in 3 Areas 1975 more than 975, 000 individuals had filed Formerly, sponsors were required to pub- initial claims, Kolberg said the unprecedented Farmworker Programs lish a much longer description of program Over $2 million in Disaster Unemployment numbers "severely strained the solvency of the operations, including detailed statistics. The Assistance (DUA) funds has been allocated to trust funds, both state and federal, to the ex- requirement was eased because of minimal tent that 22 are currently borrowing from the Get Estimated $54 Million provide eligible, jobless workers temporary public response. income following a series of disasters that general revenues of the United States to con- have occurred within the U.S. and its terri- tinue payments. To facilitate planning for migrant and The revised regulations also reduce by 10 seasonal farmworker programs in fiscal year tories since mid-May. Of the $17.9 billion paid out in 1975, 1977, Secretary Usery announced planning to 15 percent the need for prime sponsors to audit sub-grantees and contractors, by requir- $11. 4 billion was from trust funds created by estimates totaling $53.7 million for 49 states Secretary of Labor Usery allocated $1. and Puerto Rico. ing that audits be limited to projects of million for DUA benefits to Idaho, following employer UI taxes, the usual source for jobless $100, or more, and at least 25 percent of the June 5 collapse of the Teton Dam and sub- pay benefits. The major balance was from The Federal Register notice July 2 said the the remainder. sequent flooding of five counties. Eleven emergency appropriations from general re- money would be available October 1, subject to people were reported killed. venues for extended benefits up to 65 weeks. appropriation by the Congress. Funding is Grant modification procedures are also Most states have a regular program of 26 Early estimates indicate that 10, 000 weeks, with 13 weeks of extended benefits authorized by CETA Title III, Section 303. streamlined, thereby lessening the number of modifications that require prior approval from individuals are unemployed, mostly farmers supported 50-50 by state and federal funds. The estimate for each state is based on its DOL and notification to public interest groups. and other agricultural workers, as a result of proportion of the Nation's farmworkers, and is the dam collapse. The Idaho State Employ- Some Future Directions no less than 90 percent of the state's FY 1976 Administrative terms are redefined to make ment Security Agency has established three Referring to the "suitable work" standards allocation. them more compatible with local government centers, in Rexburg, St. Anthony, and Idaho used for determining the eligibility of unem- accounting systems, and most prime sponsors Falls, to handle DUA claims. ployed workers for Federal Supplemental Migrant and Seasonal Farmworker Pro- are relieved from having to obtain prior ap- Benefits, Kolberg said: grams, operating in every state but Alaska, proval for administrative cost-allocation plans. On May 20, Typhoon Pamela swept Guam, provide such services as skill training, work and two days later President Ford declared the "Now that the economy is improving and job experience, education assistance, job place- The revised guidelines also clarify DOL island a disaster area. Half a million dollars opportunities are opening up, a major effort ment, transportation help, and day care of policy on the limitation of the number of laid- in DUA funds has been allocated for unemploy- must be aimed at restoring long-term jobless children. off public employees a city or county can re- ment assistance to islanders who are jobless workers to the employed labor force. This hire under public service employment because of the typhoon. effort is as important as catching the relative- Prospective program sponsors must sub- 11 programs. ly few cheaters. mit a Preapplication for Federal Assistance Two counties in Oklahoma suffered severe to the ETA, Room 7122, Patrick Henry Build- For example, if a city has 10,000 jobless storms and flooding on May 30. Affected Before closing, Kolberg referred to the ing, 601 D Street, N.W., Washington, D.C. persons and 800, or 8 percent, are laid-off workers are eligible for $20,000 in DUA. Congressional oversight hearings where the 20213 by 4 PM EDT, August 2. 4 5 Prime Sponsors Initiate An on-the-job training manual, developed Sponsors Assessed (From Page 1) by the Topeka-Shawnee County, Kan., prime Marginal, Unsatisfactory New Approaches to OJT sponsor is used as a marketing device to pro- An unsatisfactory rating in any two of the mote CETA OJT services to privately owned other criteria adherence to regional office Due to space limitations, we are listing only prime local firms. sponsors that were assessed as marginal (M) or un- directives, grant management, or advisory Looking for some new approaches to OJT? satisfactory (U). Sponsors whose names do not appear were councils also resulted in an over-all un- rated as satisfactory. "BOS" means Balance of State. Consider two fairly unusual ones a voucher "After we've explained the program ver- satisfactory rating. Ala. -- Huntsville Csrt. (M), Tuscalosa Cnty. (M). project recently begun in Florida, and a manual bally, the manual is something we can leave Ariz. Phoenix/Maricopa (M), Tucson-Pima Cnty. (M), for employers developed by a local Kansas BOS (M). Calif. Pasadena (M), San Mateo Cnty. (M), with the employer that he can look at later, prime sponsor, both described briefly below. Kolberg said that 21 prime sponsors or five Santa Cruz Cnty. (M), Solano Cnty. (M), Imperial Cnty. says Thomas Rodriguez, intergovernmental Csrt. (M), Richmond Csrt. (M), San Diego Regional percent of the 431 sponsors received unsatis- Training and Employment Csrt. (M). coordinator for the Department of Labor Ser- factory ratings for regular Title I and Title II Colo. -- Arapahoe Cnty. (M), Colorado Springs Csrt. The experimental voucher program, run by vices which runs the CETA program. programs and about 145 were assessed as (M), Larimer Cnty. (M), Weld Cnty. (M), and BOS (M). Manatee County, Fla., is an attempt to see if marginal performers. More than 260 received Conn. -- Bridgeport Csrt. (M), Hartford Csrt. (U), New Haven Csrt. (M), Stamford Csrt. (M). Delaware BOS giving participants more involvement in nego- Financed through a grant from the Gover- satisfactory ratings. (M). District of Columbia (M). tiating their training plans and wage rates is nor's office, the 38-page booklet explains the Fla. -- Lee Cnty. (M), Alachua Cnty. (M), Brevard more effective than the traditional way of run- on-the-job training program and provides Kolberg pointed out that marginal and un- Cnty. (M), Orange Cnty. /Orlando (M), Sarasota Cnty. (M), Pasco Cnty. (M), Northeast Florida Manpower Csrt. ning an on-the-job training program. information on guidelines and copies of re- satisfactory categories "do not mean neces- (M), Broward Csrt. (M), Tampa Cart. (U), Manatee Cnty. quired documents and forms. sarily that the prime sponsor is operating a (M), Seminole Cnty. (M), BOS (M). The program, which began in May, is also totally inadequate program or that ETA will not Ga. -- Atlanta (M). Fulton Cnty. (M), DeKalb Cnty. In the four months since the manual was (M), Cobb Cnty. (M), CSRA Cart. (M), Savannah/Chatham expected to result in reduced staff costs and continue funding. Csrt. (M), Mid-Ga. Csrt. (M), Clayton Cnty. (M), BOS provide an additional learning experience for published, there has been a "noticeable change" (M). Hawaii -Honolulu/Hawaii Csrt. (U). the participants. Here's how the experimental in employers' interest in the program and a 111. -- Kane Cnty. (M), Macon Cnty. (M), Will-Grundy remarkably sharp rise in the number of new "It is merely an indicator specifying pro- Csrt. (U). Ind. Hammond (U), Lake Cnty. (U), St. project works: contractors, according to Rodriguez. blem areas the sponsor, in conjunction with Joseph Cnty. (M), Tippecanoe Cnty. (U), Madison Cnty. (M), Indianapolis (M), LaPorte Cnty. (M), Fort Wayne Csrt. ETA, must resolve prior to receiving Fiscal (M), Delaware Cert. (M), Southwestern Csrt. (M), BOS (U). Thirty disadvantaged OJT participants, Year 1977 grants. Ky. -- Louisville Csrt. (M), Bluegrass Manpower Csrt. randomly selected, willreceive orientation and A limited number of copies of the manual (M), BOS (M). Maine -Cumberland Cnty. (M), BOS (M). job counseling, but not the usual job develop- are available free to other prime sponsors Md. George's Cnty. (U), Western Md. Csrt. (M). from: Topeka-Shawnee County, Department of "I feel reasonably certain that prime spon- Mass. -- Boston (U), EMHRDA Cart. (M), New Bedford ment and placement assistance. sors in the unsatisfactory category will be able Csrt. (M), Worcester Cart. (M), Brockton Csrt. (M), Labor Services, 901 Monroe Street, Topeka, BOS (M). Kan. 66603. Attn: Thomas Rodriguez. The to take the corrective actions necessary to Mich. -- Wayne Cnty. (M), Detroit (U), Monroe Cnty. Instead, the Department of Human Re- eliminate their shortcomings, 11 Kolberg said. (M), Oakland Cnty. (M), St. Clair Cnty. (M), Berrien sources provides them with (1) voucher forms phone is: (913) 357-6226. Cnty. (M), Ann Arbor (M), Muskegon Csrt. (M), Genesee/ Flint Csrt. (M), BOS (M). Miss. -Jackson Csrt. (M). which specify the occupation for which the par- "I have directed our regional offices to Mont. -- BOS (M). Nev. -- BOS (M). N. H. -- ticipant seeks training, with its DOT code and work with the prime sponsors to eliminate the Rockingham/Stafford Csrt. (M), BOS (M). N. J. Atlantic the minimum/maximum hours of training re- Suitable-Work Standards problem areas and assist with the corrections Cnty. (M), Jersey City (M), Monmouth Cnty. (M), Essex quired, (2) letters of introduction from the necessary to permit them to continue the Cnty. (M), Newark (U), Union Cnty. (M), Middlesex Cnty. (M), Paterson (U), Mercer Cnty. (M), Trenton (U), Bur- department to employers, and (3) descriptions Tightened for FSB Claims sponsorship of programs in the new fiscal lington Cnty. (M), Camden Cnty. (M), Camden City (U), Gloucester Cnty. (M), Ocean Cnty. (M), BOS (M). of the OJT program, both regular and experi- year. N.Y. -- Albany Csrt. (M), Saratoga Cnty. (M), Buffalo mental. The U.S. Department of Labor has issued a City (U), Niagara Cnty. (M), New York City (M), Rockland Marginal ratings meant that prime sponsors Cnty. (U), Westchester Cart. (M), Nassau Cnty. Cart. (M), letter to all State Employment Security Agen- Monroe/Rochester Csrt. (U), Syracuse (M), Oneida Cnty. The participants then develop their own OJT were not performing satisfactorily but were situations and negotiate their wages and train- cies emphasizing the application of 'suitable (M), Steuben Cnty. (M), BOS (M). work" standards in determining eligibility of capable of improving and performing satisfac- N.C. Buncombe Cnty. (M), Charlotte (M), Wake ing schedules. The OJT coordinator keeps a regular check on training candidates' progress, unemployed workers for Federal Supplemental torily by October 1, start of the fiscal year. Cnty. (M), Greensboro-Guilford (M), Alamance Cnty. (M), BOS (M). N. D. -- BOS (M). Ohio Butler Cnty. (M), Benefits (FSB). Lorain Cnty. (M), Canton Csrt. (M), Cleveland Cart. M), but enters the negotiation process only in the Greene Cnty. (M), Toledo Csrt. (M), Allen Cnty. (M), Clermont Cnty. Csrt. (M), BOS (M). final stages and then works out extraordinary costs. According to a notice published in the Pa. South Allegheny Csrt. (U), Erie City (M). Susquehanna Cart. (M), Bucks Cnty. (M), Montgomery Cnty. Federal Register June 18, persons receiving (M), Phildelphia (M), Allegheny Cnty. (M), Washington Cnty. Any employer in the county who employs FSB (emergency unemployment compensation), ETA Interchange is a technical information bulletin for (M), Westmoreland Cnty. (M), Lackawanna Cnty. (M), staff involved in the operation of employment, training, and Scranton (M), York Cnty. (M), Fayette Cnty. (M), Mercer six or more persons and can provide the re- who refuse to accept suitable job offers, lose related programs at the federal, state, and local levels. It is Cnty. Cart. (M), Northumberland Cnty. (M). quired training leading to permanent employ- their eligibility for further unemployment published monthly by the Employment and Training Admin- R. I. -- Providence (M), BOS (M). S. c. -- S. c. compensation payments. istration, U.S. Department of Labor, 601 D Street, N.W., Csrt. (M). Tenn. -- Chattanooga (M), Hamilton Cnty. (M), ment is potentially eligible to participate. Room 10410, Washington, D.C. 20213 Contributions from Nashville/Davidson (M), Memphis Cart. (M). Va. Henrico Cnty. Cart. (M), Roanoke Csrt. (M), Alexandria Suitable work for anFSB beneficiary is de- readers are encouraged for the exchange of program ideas (M), BOS. (U). At the same time the 30 are negotiating and resource information. their arrangements, another 30 disadvantaged fined as work for which a person is reasonably W. Va. -- W.Va. Statewide (M). Guam (M). P. R. Bayamon Municipio (U), Carolina Municipio (M), San fitted by training and experience. Material contained in this publication is in the public do- Juan Csrt. (M), Mayaguez Municipio (U), Caguas participants are being enrolled in the tradi- main and may be reproduced, fully or partially, without Municipio (M). V. I. (M). American Samoa (M). Trust tional OJT program and receiving job develop- ment and placement assistance, along with If an individual lacks the skills and training permission of the Federal Government. Source credit is re- Territory of the Pacific Islands (M). needed to perform work that is offered, the job quested but not required. The assessment of the special governors grants resulted orientation and counseling. Over the next may nonetheless be considered "suitable, if, William H. Kolberg in 30 states receiving satisfactory ratings. Two states, several months, results of the experimental Massachusetts and Rhode Island, and the Virgin Islands were as part of the job, the worker is provided with Assistant Secretary of Labor rated as unsatisfactory. and control groups will be compared. the training needed to develop required skills. For Employment and Training The 23 states with marginal performance ratings were: For more information, contact: Wansley Larry R. Moen Arizona, California. Connecticut, Florida, Georgia, Guam, Work may also be considered "suitable" Indiana, Kentucky, Maine, Maryland, Michigan, Missis- Director of Information Hancock, OJT coordinator, Manatee County, sippi, Nevada, New Hampshire, New York, North Carolina, when it involves lower pay and less developed Pennsylvania, Samoa, South Carolina, Tennessee, Trust Department of Human Resources, 417-12th skills than the individual's customary occupa- Editor: Abby Martin; Editorial Offices: 202/376-6270 Territory, Vermont, and West Virginia. Street West, Bradenton, Fla. 33506. The tion does, but prospects for employment at phone is: (813) 748-0087. his customary level are diminished. 7 6 Under a 15-month, $610, 271 contract re- NEWSBEAT newal, the Electrical, Radio, and Machine Workers (IUE) will arrange on-the-job train- ing for 600 jobless and underemployed The National Alliance of Businessmen persons in 19 states. The IUE will develop (NAB) and the AFL-CIO's Human Resources sub-contracts among employers with whom the Development Institute (HRDI) are jointly union has collective bargaining agreements, sponsoring a $225, pilot summer program and the companies will train people for both to help 300 disadvantaged youth learn how pri- entry-level and advance jobs in electronics, vate industry actually works. Called the electrical, and allied manufacturing industries. Vocational Exploration Program, the concept Participants will be selected from economical- is an off-shoot of the summer jobs program ly disadvantaged, minority group, and female and has the same eligibility standards. The candidates. Under six previous contracts, the nine-week program is operating in 18 cities. IUE has trained 6,000 persons. It and the other six national projects described below are funded with CETA Title III dollars. Under a $1.4 million contract renewal, the AFL-CIO's carpenters union will train 1, 665 Two hundred underemployed workers in six jobless or underemployed workers on the job. states will be trained by the Textile Workers Since 1967, the United Brotherhood of Carpen- Union of America in such occupations as dyer ters and Joiners of America has recruited operator, weaver, loom fixer, and knitter, nearly 32,000 people for training under DOL among others. The $276, contract, the contracts. It has upgraded the skills of first with the union, stresses the upgrading 22, 209 journeymen and trained 5,023 in pre- of presently employed minority persons, apprenticeship and 4, 679 in apprenticeship. women, and people with limited English. Representatives of the AFL-CIO's carpen- The Associated Independent Electrical Con- ters union serve on the National Joint Carpen- tractors of America (AIECA) will promote and try Apprenticeship and Training Committee, develop new apprenticeship programs and ex- which is conducting a year-long study under a pand 10 existing ones under a $93, 800 contract. $128, 000 grant to see if the four years required The agreement calls for the development of for carpentry apprenticeships can be shor- six regional consortiums of AIECA members tened. The Associated General Contractors of who will establish the new programs in areas America and the National Association of Home- where current or future demands for journey- builders are also represented on the labor- men in the electrical field are not being met. management group responsible for the study. N U.S.MAIL Postage and Fees Paid U. S. Department of Labor Third Mail Lab-441 B. Patterson, Ex. Asst. 3093 Old Executive Building Employment and Training Administration Room 110 Washington, DC 20501 U.S Department of Labor D.C. 20213 Washington, Official Business Penalty for private use, $300 OF THE EXECUTIVE OFFICE OF THE PRESIDENT OFFICE THE UNITED OFFICE OF MANAGEMENT AND BUDGET STATE STATE WASHINGTON, D.C. 20503 JUL 14 1976 MEMORANDUM FOR TED MARRS SUBJECT: SPECIAL PROVISIONS FOR EMPLOYMENT OF AMERICAN INDIANS This is in response to your memorandum concerning special provisions for the employment of American Indians on Federal and federally-assisted construction projects on the Pine Ridge Reservation. We do not feel it would be appropriate to involve OFCC on a single-reservation basis, nor as suggested, can we see a role for the Department of Transportation beyond its own direct program responsibility. Outlined below are several laws and activities that bear on the issue. -- Section 7 (b) of the Indian Self-Determination Act (P.L. 93-638) provides authority for Indian preference in hiring and training in connection with certain Federal contracts and grants. On June 25 the Department of Labor's Office of Federal Contract Compliance Programs put in the Federal Register proposed regulations (attached) that permit preferential employment of Indians on or near Indian reservations. Under the proposed regulations construction or nonconstruction contractors will be exempt from the Civil Rights Act's equal opportunity clause for preferentially hiring Indians on or near Indian reservations. Also, under the proposed regulations, a contractor performing contracts on or FORD near an Indian reservation may reflect in its affirmative action program, goals and timetables for the preferential hiring of Indians on or near Indian GERALD reservations. 2 -- Finally, there are several Federal programs providing substantial resources for the employment and training of Indians. The major programs are with BIA, HEW, and in the Department of Labor under various parts of the Comprehensive Employment and Training Act. Dan Mind Dan L. McGurk Associate Director for Human and Community Affairs Attachment PROPOSED RULES 26229 be used as long as it remains reasonably 715 of the Civil Rights Act of 1964, as Signed at Washington, D.C., this 22nd stable and responsive to histamine. amended, for consistent standards day of June, 1976. (e) If repeat tests are required, among the Federal equal employment W. J. USERY, Jr., the product is satisfactory if the average opportunity enforcement agencies, the Secretary of Labor. decrease in blood pressure obtained with Department of Labor proposes to adopt JOHN C. READ, four doses of the test solution is not the policy enunciated in Section 703(1) Assistant Secretary for greater than the average decrease ob- of the Civil Rights Act of 1964, as Employment Standards. tained with 0.1 microgram of histamine amended, as the applicable standard base per kilogram of body weight. under Executive Order 11246, as LAWRENCE Z. LORBER, Interested persons may, on or before amended, for contractors performing Director, Office of Federal Con- August 24, 1976, submit to the Hearing contracts on or near an Indian reserva- tract Compliance Programs. Clerk, Food and Drug Administration, tion. The obligations of a Federal con- [FR Doc.76-18528 Filed 6-24-76:8:45 am] Rm. 4-65, 5600 Fishers Lane, Rockville, tractor under the Indian Self Determi- MD 20852, written comments (preferably nation and Education Assistance Act, PL in quintuplicate and identified with the 93-638, and the regulations issued pur- Occupational Safety and Health Hearing Clerk docket number found in suant thereto, 25 CFR' Parts 271-277 Administration brackets in the heading of this docu- would not be altered by the promulga- 29 CFR Part 1910 ment) regarding this proposal. Received tion of this regulation. comments may be seen in the above office Interested persons are invited to file [Docket No. OSH-37] during working hours, Monday through written data, views or arguments con- PROPOSED STANDARD FOR EXPOSURE Friday. cerning this proposal by July 26, 1976. TO INORGANIC ARSENIC Dated: June 18, 1976, Written comments should be addressed Informal Public Hearing; Certification of to the Acting Director, Office of Federal Inflation Impact and Receipt of New Evi- ROBERT L. SPENCER, Contract Compliance Programs, U.S. dence Acting Assistant Director Department of Labor, 200 Constitution for Regulatory Affairs. Avenue, N.W., Washington, D.C. 20210. Purpose. The purposes of this notice are to certify that the potential infla- [FR Doc.76-18448 Filed 6-24-76;8:45 am] PART 60-1-OBLIGATIONS OF tionary impact of the proposed standard CONTRACTORS AND SUBCONTRACTORS for occupational exposure to inorganic DEPARTMENT OF LABOR 1. It is proposed to amend § 60-1.5 of arsenic has been examined, to announce Office of Federal Contract Compliance Chapter 60, Title 41, Code of Federal the availability of the technological Programs Regulations by adding a new paragraph feasibility and inflation impact state- 41 CFR Parts 60-1 and 60-2] (a) (6) to read as follows. ment for public inspection and copying, and to schedule an informal public hear- EMPLOYMENT OF AMERICAN INDIANS ON § 60-1.5 Exemptions. ing date for receipt of oral testimony on OR NEAR INDIAN RESERVATIONS (a) the inflation impact statement and the: Proposed Rulemaking (6) Work on or near Indian reserva- new evidence cited below. The procedures tions. It shall not be a violation of the relating to the potential infiationary Im- Notice is hereby given that pursuant equal opportunity clause for a construc- pact of the proposal have been concurred to Executive Order 11246 (30 FR 12319), tion or nonconstruction contractor to in by the Council on Wage and Price Sta- as amended by Executive Order 11375 extend a publicly announced preference bility in accordance with Office of Man- (32 FR 14303), it is proposed to amend in employment to Indians living on or agement and Budget Circular No. A-107 41 CFR Part 60-1.5 and Part 60-2.12 in near an Indian reservation in connection (January 28, 1975), issued pursuant to order to clarify the policy of the U.S. with employment opportunities on or Executive Order 11821. Department of Labor under Executive hear an Indian reservation. The use of Background.-On January 21, 1975, Order 11246, as amended, with regard to the word "near" would include all that notice was published in the FEDERAL REG- expanding the employment opportuni- area where a person seeking employment ISTER (40 FR 3392), of a proposed stand- ties of American Indians living on or could reasonably be expected to com- ard for inorganic arsenic pursuant to the near an Indian reservation in both con- mute to and from in the course of a authority in sections 6(b) and 8(c) of the struction and nonconstruction employ- work day. Contractors or subcontractors Occupational Safety and Health Act of ment. The proposal would parallel Sec- extending such a preference shall not, 1970 (84 Stat. 1593, 1599; 29 U.S.C. 655, tion 703(i) of the Civil Rights Act of however, discriminate among Indians on 657), Secretary of Labor's Order. No. 1964, as amended, and would allow con- the basis of religion, sex, or tribal af- 12-71 (36 FR 8754), and 29 CFR Part struction and nonconstruction contrac- filiation, and the use of such a preference 1911. tors and subcontractors to engage in cer- shall not excuse a contractor from com- In accordance with that notice, an in- tain preferential hiring of such Indians. plying with the other requirements con- formal public hearing was held under Section 703(i) of the Civil Rights Act tained in this Chapter. section 6(b) of the Act and 29 CFR Part of 1964, as amended states: 1911, on April 8, 9, 10, 11, 14, 15 and 16, Nothing contained in this title shall ap- PART 60-2-AFFIRMATIVE ACTION 1976. At the conclusion of the hearing, ply to any business or enterprise on or near PROGRAMS the presiding Administrative Law Judge an Indian reservation with respect to any set May 15, 1975, as the final date for sub- publicly announced employment practice 2. It is proposed to amend § 60-2.12 of such business or enterprise under which mitting written post-hearing comments by redesignating paragraphs (j), (k), a preferential treatment is given to any in- containing additional evidence, and dividual because he is an Indian living on or (1), and (m) as (k), (1), (m), and (n) June 13, 1975, as the final date for the near a reservation. and by adding a new (j) as follows. submission of post-hearing statements of The use of the word "near" would in- § 60-2.12 Establishment of goals and position and analysis. clude all that area where a person seek- timetables. At the request of one of the hearing ing employment could reasonably be ex- participants, OSHA extended the period pected to commute to and from in the for filing post-hearing evidence until (j) A contractor or subcontractor ex- course of a work day. This definition is June 13, 1975, and the period for filing tending a publicly announced preference consistent with that offered by the Equal statements of position and analysis un- for Indians as authorized in 41 CFR 60- Employment Opportunity Commission to til July 8, 1975, by notice published in 1.5(a) (6) may reflect in its goals and the U.S. Commission on Civil Rights in the FEDERAL REGISTER on May 19, 1975 timetables the permissive employment (40 FR 21736) an opinion letter dated July 18, 1973. preference for Indians living on or near New Evidence.-Since the end of the In accordance with the Federal equal an Indian reservation. hearing, important new evidence has employment policy contained in Section been received and we have placed the fol- FEDERAL REGISTER, VOL. 41, NO. 124-FRIDAY, JUNE 25, 1976 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 JUL 1 1 1976 MEMORANDUM FOR TED MARRS SUBJECT: SPECIAL PROVISIONS FOR EMPLOYMENT OF AMERICAN INDIANS This is in response to your memorandum concerning special provisions for the employment of American Indians on Federal and federally-assisted construction projects on the Pine Ridge Reservation. We do not feel it would be appropriate to involve OFCC on a single-reservation basis, nor as suggested, can we see a role for the Department of Transportation beyond its own direct program responsibility. Outlined below are several laws and activities that bear on the issue. -- Section 7 (b) of the Indian Self-Determination Act (P.L. 93-638) provides authority for Indian preference in hiring and training in connection with certain Federal contracts and grants. -- On June 25 the Department of Labor's Office of Federal Contract Compliance Programs put in the Federal Register proposed regulations (attached) that permit preferential employment of Indians on or near Indian reservations. Under the proposed regulations construction or nonconstruction contractors will be exempt from the Civil Rights Act's equal opportunity clause for preferentially hiring Indians on or near Indian reservations. Also, under the proposed regulations, a contractor performing contracts on or near an Indian reservation may reflect in its affirmative action program, goals and timetables for the preferential hiring of Indians on or near Indian reservations. 2 -- Finally, there are several Federal programs providing substantial resources for the employment and training of Indians. The major programs are with BIA, HEW, and in the Department of Labor under various parts of the Comprehensive Employment and Training Act. (signed) Dan L. McGurk Dan L. McGurk Associate Director for Human and Community Affairs U.S. DEPARTMENT OF LABOR OFFICE OF THE SECRETARY WASHINGTON JUL 14 1976 MEMORANDUM FOR: THE PRESIDENT FROM: Secretary of Labor Briefing Paper on Department wju. of Labor SUBJECT: Indian Programs I have attached a paper which summarizes the Department of Labor's efforts for Indian and Native American people under the Comprehensive Employment and Training Act (CETA) of 1973. The paper is designed to assist you in preparing for the forthcoming meeting with representatives of federally recognized Indian tribes. Attention is especially called to section (8) of the paper, which deals specifically with the federally recognized tribes participation under CETA. If you have further questions, one of my senior officials is prepared to brief you on this program. Attachment Briefing Paper on Indian and Native American Employment and Training Programs Under the Comprehensive Employment and Training Act (CETA) 1. Purpose 2. Legislative Authority 3. Administrative Structure 4. Description of Programs and Activities 5. Funding Levels 6. Program Statistics 7. Major Issues 8. Federally Recognized Tribes Under CETA FORD 2 1. PURPOSE The purpose of Indian and Native American employment and training programs is to provide job training and employment opportunities for economically disadvantaged, unemployed and underemployed Indians and other Native Americans and to assure that such training and other services lead to maximum employment opportunities and enhanced self-sufficiency. 2. LEGISLATIVE AUTHORITY Under the Comprehensive Employment and Training Act (CETA) Indian tribes on Federal and State reservations are eligible for direct funding under titles II and VI and section 304 of title III, and section 302 of title III. Section 302 of title III requires that special comprehensive employment and training programs be established for Indians and other Native Americans regardless of where they reside. Titles II and VI provide for public service employment programs. Section 304 of title III provides for summer youth programs, generally work experience. Section 302 of title III, provides for comprehensive employ- ment and training services. This includes such programs as on-the-job training, work experience, skill and classroom training, and public service employment; and such services as child care, transportation and counseling. 3. ADMINISTRATIVE STRUCTURE All CETA Indian employment and training programs are adminis- tered at the national level by the Division of Indian and Native American Programs, Office of National Programs, Employment and Training Administration, U.S. Department of Labor. Staff from the Division are located in Federal regional cities in order to be able to better assist tribes, bands, groups, and organizations selected to administer CETA Indian programs. 3 The national administration of these programs is provided for by the act and was included in the legislation at the request of the majority of the Indians who supported the legislation. 4. DESCRIPTION OF PROGRAMS AND ACTIVITIES Grants are let to Indian tribes on Federal and State reserva- tions under titles II and VI and section 304 of title III. Under title III, section 302 public and private nonprofit agencies are also authorized to be designated as prime sponsors. Prime sponsors make the final decision as to the types of activities for which funds will be expended. The act allows funds appropriated under one title to be used for activities authorized by another title, so that there is complete flexibility. There is a 10 percent limitation for adminis- tration when funds are used for public service employment purposes under titles II and VI. When funds are used for comprehensive programs and services authorized under title III, administrative costs are limited to 20 percent of all costs. Most Indian tribes and organizations are using CETA funds to create public service employment and work experience positions. Many of these positions are being used by the tribes to develop the expertise to take over local functions previously performed by the Bureau of Indian Affairs. In this respect CETA is supporting the goal of the Indian Self- Determination and Education Assistance Act. Also, in many programs, emphasis is being placed on involving Indians in apprenticeable occupations. Special efforts are being made to involve Indians in the construction trades. 5. FUNDING LEVELS Indian prime sponsors have received the following amounts under CETA. The first funding year was Fiscal Year 1975. FGRD LIBE any 4 FISCAL TITLE TITLE III TITLE III TITLE YEAR II SECTION 302 SECTION 304 VI 1975 $ 7,066,094 $ 50,560,000 $ 7,400,000 $ 5,988,223 1976 1,800,235 50,560,000 8,884,940 8,136,597 1976/77 Transition Quarter 450,064 12,640,000 N/A N/A 1976 (TEA) 6,019,372 N/A N/A N/A 1977 2,000,000: 50,560,000 4/ 5/ TOTALS $17,335,765 $164,320,000 $16,284,000 $14,124,820 Includes $4,054,238 in Fiscal Year 1974 funds not made available until Fiscal Year 1975. 2/ These are temporary employment assistance funds which are good through January 31, 1977. These are tentative Fiscal Year 1977 funding levels issued for planning purposes since final Fiscal Year 1977 allocations are not yet available. Summer funds for 1977 are not available yet. 5/ The authorization for the title VI programs ended June 30, 1976. NOTE: Funds under titles II and VI are allocated on the basis of relative unemployment, i.e., unemployment on eligible reservations compared to all unemployment in all areas of the United States which qualify for funds under titles II and VI. Funds under section 302 are allocated according to a formula which distributes 25 percent of the funds on the basis of only Indian and other Native American unemployment within a specified geographic area, and 75 percent on the basis of Indian and other Native American low-income families within the area, except that no area receives less than 90 percent of the amount it received during the previous fiscal year assuming sufficient funds are available. 5 Summer funds are allocated according to the relative number of youth ages 14 to 21 on each reservation, except that each reservation is funded at least at its last summer's level assuming sufficient funds are available. 6. PROGRAM STATISTICS - Fiscal Year 1976 Title II - number of prime sponsors 77 - individuals served 356 - reservations served 216 Title III Section 302 - number of prime sponsors 146 - individuals served 30,000 - reservations served N/A Title III Summer - number of prime sponsors 77 - individuals served 11,500 - reservations served 216 1/ 1975 summer data. Data for 1976 is not yet available. Title VI - number of prime sponsors 77 - individuals served 1,271 - reservations served 216 7. MAJOR ISSUES A. Data used for allocation purposes is not adequate. Titles II and VI allocations are based on Bureau of Indian Affairs (BIA) unemployment data. While these data are updated annually, data collection methods are not appropriate. Most data is developed by the tribe and/or the BIA area office. Allocations for title III, section 302 and 304 programs are based on 1970 census data. While these data are clearly not adequate they represent the only universal data available on Indians. FORD 6 We are working with the Census Bureau, the Office of Management and Budget and other Federal agencies to develop better and more complete data during the 1980 census. We also work closely with BIA in attempting to improve data used under titles II and VI for Federal reservations. Likewise, we are attempting "to work with the States to improve data for State reservations. B. Nonreservation federally recognized tribes are not eligible for titles II, VI and summer funds. Federally recognized tribes not residing on reservations have been pushing for an amendment to CETA which would make them eligible for funding for titles II, VI and summer funds. Legislation has been introduced by representatives of the Oklahoma delegation to make such tribes eligible. This would include federally recognized Alaskan natives. C. Inclusion of Native Hawaiians in title III, section 302 programs. Native Hawaiian groups have requested that they be made eligible for direct funding under section 302. Amendments to CETA have been proposed to accomplish this. If this does occur it could create two other problems. One would be what data to use to determine allocations for Native Hawaiians. The other would be that unless the allocation for section 302 programs is increased, the inclusion of Native Hawaiians could result in anywhere from a 10 to 20 percent decrease in the funding levels for all other prime sponsors at the current allocation level. 8. FEDERALLY RECOGNIZED TRIBES UNDER CETA A. Funding for Fiscal Year 1976. More than $69 million was provided for Indian and Alaska native employment and training programs during GERALD FORD 7 Fiscal Year 1976 under titles II, III and VI of CETA. Of this total more than $57 million or more than 81 percent went to federally recognized tribes. The remaining $12 million went to fund programs for State reservations, rural non-Federal tribes and for urban areas. The greater portion of Native Americans residing in urban areas are members of federally recognized tribes. B. Number of Federal Tribes Served. All 217 Federal tribes, bands and groups are served through CETA grants administered by the Division of Indian and Native American Programs. C. Output. More than 40,000 federally recognized Indian and Alaska native people were active participants in CETA programs during Fiscal Year 1976. Of this total 4,000 were in institutional training; 1,500 in on-the-job training; 5,000 in public service employment; 21,000 in work experience; and 8,500 in other types of training. D. Issues. Federally recognized tribes object to the participation of the Lumbee Indians of North Carolina being funded under CETA. They do not consider these people to be Indians. Section 302 of CETA, under which the Lumbees are funded requires that the Secretary establish special employment and training programs for Indians and other Native Americans regardless of where they reside. The Lumbee people have been recognized as Indians by the State of North Carolina for many years. The people known as Lumbees have lived in and around Robeson County since the earliest settlers arrived. An act of Congress gave them the name Lumbee. All of these reasons clearly make them eligible for funding under CETA. 8 Federally recognized tribes feel that the funds made available to the tribes under CETA is no where near the amount needed and is determined in a manner which has no relationship to them. Funds for Indian programs under section 302 are based on 4 percent of the amount allocated by formula to State and local governments under title I of the act. Indians point out that on reservations unemployment averages at least 40 percent of the available work force versus 7 1/2 percent nationally. This significant difference, they feel, should be recognized in determining funding levels. FEDERAL MEDIATION AND CONCILIATION SERVICE UNITED STATES GOVERNMENT WASHINGTON, D.C. 20427 July 14, 1976 OFFICE OF THE DIRECTOR Memorandum To: W. J. Usery, Jr. Secretary of Labor From: James F. Scearce National Director J150m Subject: FMCS Involvement in Indian Disputes During fiscal year 1974/75 the Federal Mediation and Conciliation Service applied its neutral dispute resolution capa- bility in labor relations to two complex legal, sociological, and economic Indian problems in a successful manner: the Navajo- Hopi land dispute and the Oglala Sioux tribal government election. 1. Public Law 93-531 provided authority to the United States District Court in Arizona to partition over two million acres of land between the Navajo and Hopi Indian Tribes which had been in serious dispute for more than a century. The Act also pro- vided for a final negotiation period between the two tribes who, along with the Bureau of Indian Affairs, were unable to settle their differences after many bitter efforts. The National Director of the Service was authorized and did appoint a mediator who assisted the tribes in negotiations over a nine-month period. The parties nearly reached complete agreement as a result of the mediation ef- forts. The dispute is still continuing and is now before the U. S. District Court for judicial resolution. The fact that the negotiations resulted in near accord (about 85%) when all prior efforts for more than 100 years had failed is a tribute to the process of collective bargaining. Of course, as in labor negotiations, no agreement exists unless total agreement does. The mediator was obliged to act as a special master where total agreement was not feasible and issued a report to the court. The agreements by the parties largely became the basis for the mediators' report. 2. The Service was also successful in assisting the Oglala Sioux election of Tribal Officers in January-February 1976 notwithstanding 2 a demonstrated history of election irregularity and violence. In October 1974 the U. S. Commission on Civil Rights issued an in- vestigative report finding serious abuses and irregularities in the conduct of the previous election. In the fall of 1975 FMCS was sought out by a representative of the tribe for assistance in con- ducting the tribal government election. Thereafter, the Bureau of Indian Affairs requested Service assistance by reason of its reputation for impartiality and experience in labor disputes and thereafter funded the entire proj- ect. The Service utilized some of its own personnel but primarily relied on retired government employees experienced in election procedures. The Service assisted the tribe in establishing viable procedures for conducting the election, trained its election judges, and was on hand for monitoring the primary and general elections in early 1976 as observers/monitors. FMCS issued a report on the entire process, a copy of which is attached. The election was conducted without serious problem and hopefully will contribute substantially to the maintenance of peaceful government by the Oglala Sioux Tribe. These activities were not within the traditional responsi- bility of the Service. Even though these initiatives were indicative of the successful application of the agency efforts and acceptability to the parties in Indian affairs, no further such activities have been scheduled. Attachment FORD INDIAN LIGNITE MANPOWER PROJECT Preliminary Report of Reservation Manpower Survey by Donald F. Schwartz, Ph.D. Research Consultant North Dakota State University % = 6682 Faigo 11% of 6,682 = 135 September 14, 1976 An 11% random sample of the labor force between the ages of 18 and 46 was drawn from two Montana and five North Dakota reservations or rural settlement sites. The male labor force was deliberately oversampled (85%) and the female labor force was undersampled (15%). Local interviewers were trained to conduct one-hour personal interviews with persons in the sample. Interviewing began in late February at Fort Totten and the last interviews were completed in early July. Statistical analysis of the data is now in progress (September 14, 1976) at North Dakota State University. Figures presented in this report are based on initial computer printouts. More detailed analyses will be available in a report to be ready for distribution in late October. According to BIA 1975 figures, the potential labor force for the study sites included in this survey is 8500. Following are the B.I.A. figures for each study site: 1975 Reservation Labor force Population (16 and older) Montana Crow 4144 1506 (905m, 603f) Fort Peck 4543 1730 (951m, 779f) North Dakota Fort Berthold 2780 983 Turtle Mountain 7550 2204 Standing Rock 4883 1229 Fort Totten (pre-test site) 2336 590 Trenton-Williston Trust Lands 1200* 324 GERAID FORD LIBRARY 27,436 8,566 Caution is advised in multiplying percentages given in this preliminary report times either the labor force total or individual reservation numbers. The sample in this study included only 18-46 year olds and proportionately fewer women than included in the total labor force. Weighed projections will be included in the final report. Second, percentages on individual items reported here may vary from individual reservation to overall percentage. *estimate 2 Section I: Sample Characteristics 1. Reservation sample sizes N % of total Montana Crow 117 16% Ft. Peck 184 25% North Dakota Ft. Berthold 91 12% Standing Rock 105 14% Turtle Mt. 190 26% Williston- Trenton 32 4% Ft. Totten 16 2% 735 J2. of 100% of Employment status Full time, year around job 314 43% 2,873 Part time job 89 12% 802 Seasonal job 43 6% 401 Unemployed 271 37% H 12 NR 18 735 Of unemployed, 82% report seeking employment. 3. Age 18 - 26 313 43% 27 - 36 244 33% 37 - 46 171 23% NR 7 1% 735 4. Marital status Married 391 53% Previously married 89 12% Single 251 34% NR 8 735 3 5. Number of Dependents None (single, supports no one) 237 32% One 64 9% two-three 212 29% four-six 149 20% seven-nine 39 5% ten or more 4 1% NR 30 4% 735 6. Sex Male 585 80% Female 149 20% 734 h. Number of years of education completed Eight or less 88 12% 802 Nine-eleven (some H.S.) 230 31% Twelve (H.S. graduate) 194 26% 2,011 1,737 Thirteen (one year college 100 14% 935 or vocational) Fourteen or more 103 14% 935 NR 20 735 8. Personal income of respondent for 1975 0-1,999 217 30% 2,005 2,000-3,999 123 17% 1,136 4,000-5,999 109 15% 1,002 6,000-9,999 146 20% 1,336 10,000 or more 65 9% 601 NR 75 10% 668 735 LIBRARY is 4 Section II: Job Training and Experience A. Jobs Related to Mining or Power Plant Operation (Job categories identified in Renner Report) Percent of labor Percent of labor Percent of labor force who have force who have force who have Job Title completed a class- completed an OJT worked at this room course in it program job in the past four years Civil Engineer 0.14% Electrician 1.0% 0.7% 1.2% Heavy Equipment Operator 5.2% 3.6% 10% Carpenter 4.6% 0.8% 12.5% Heavy Truck Driver 1.1% 0.7% 3.5% Surveyor 0.4% 0.4% 1.1% Accountant 1.0% --- 0.4% Secretary 1.6% ---- 2.6% Keypunch Operator 0.3% 0.3% Janitor 0.4% 1.0 7.8% Auto Mechanic 6.4% 1.1% 4.0% Clerical 5.6% 1.9% 8.3% B. Selected Other Job Categories (Not all reported job titles are recorded here.) Bookkeeper 0.7% 1.2% Administrator 1.0% 0.7% 3.0% Personnel Manager 0.6% 1.1% Social/Welfare Worker 1.4% 1.0% 5.3% Elementary/Secondary Teacher 0.8% 2.0% Teacher Aid/Tutor 0.4% 1.1% 6.4% Waitress 1.6% School Cook 0.4% 0.3% 0.8% Baker 0.14% 0.14% 0.4% Cooks Helper 0.3% 0.14% 1.5% Emergency Treatment or Nurse's Aid 1.6% 0.41% 2.2% Policeman 1.9% 0.6% 1.9% Groundskeeper 0.3% 1.5% Rancher - 3.3% Farm Labor ---- 11.3% Steel Mill Worker 0.3% 0.4% Diesel Mechanic 0.4% 0.3% 0.4% Painter 0.4% 0.4% 1.8% Sheet Metal Shear Operator 0.6% 0.6% 0.6% Welder 7.2% 1.5% 3.8% Cement finisher 0.6% 0.7% 2.3% Construction Laborer 0.41% 0.68% 7.9% Maintenance Man 2.9% Bus Driver --- 2.9% Laborer -- 6.8% 011 Rigger and Roughneck 0.3% 1.9% Dispatcher 0.8% 0.4% 1.2% 5 Section III: Interest in Lignite Industry Jobs/Commuting/Relocating 4,410 166% of the labor force report they would take a lignite industry job paying a minimum of $1000/month if they could live on the reservation and be home every night; 17% would refuse; 17% were undecided. /2. 4,210 If they had to commute an hour or more to work everyday, 63% would take it, 17% would refuse and 18% were undecided. (2% didn't respond) a. If the commuting could be done in a car pool or by bus, about 20% of those who were undecided or refused would now take the job. 3. If they had to live off the reservation to take the job - 100 to 300 miles from their present home 48% report they would take the job, 31% would refuse, 20% were undecided. 3,201 a. Of those who would relocate who have families, 64% would definitely take their family with them, 22% would not. Note: Relocation and commuting intentions reported above are being cross-verified with a battery of attitudinal items on those two topics. b. 74% of the respondents have lived off the reservation at one time in their life; over 50% have lived off 4 or more years. c. 66% agreed with the statement "Indian people who move off the reservation are not given fair treatment compared to non-Indians when it comes to getting good jobs" and 57% agreed with the statement "Indian people who move off the reservation are treated with little respect by non-Indians." 4. In response to the statement "I would like to get a job in the coal industry in this area", 17% disagreed, 48% agreed, and 35% were unde- cided. 3,207 Section IV: Union Experience/ Attitudes 1. 20% of the respondents have belonged to a union at one time: 1/3 of these belonged for only one year, half of them for 2 or less years. 334 2. 5% of the respondents currently hold union membership. 3. Of the 20% who had been union members, 76% report they liked belonging to the union, 7% disliked it and 17% were unsure of their feelings. 4,945 4, 4. 74% of the respondents reported they would be willing to join a union to get a good paying job; 10% would not. 5. 66% of the respondents agreed with the statement "labor unions are usually helpful to their members" and 53% agreed that "labor unions make sure everyone has an equal chance at jobs." 6 Section V: Interest in Job Training 5,279 1. 19% report they would take training for a $1000/month job if they didn't have the background for it; an additional 11% would under certain conditions. a. Of those who specified conditions, 54% (6% of the total) would want a job guarantee at the end of training; 46% (5% of the total) would want a partial salary; 41% (5% of the total) would want to be able to live' at home while training and 36% (4% of the total) want to be able to at least go home weekends. Section VI: Job Search Information Sources 1. Source of information about present or most recent job Newspaper want ads 3% State employment office 9% Private employment office 2% BIA employment assistance office 14% Word from a relative 17% Word from a friend 31% Word from a caseworker 4% From a newsletter 4% Misc. 16% of 100% a. Summary Employment services 25% Word-of-mouth 52% 3,475 671 Media 7% 468 8H/o/o 5,614 BIA- Cual assutance Indian Elem ed. VA - afferdes CETA- Tuble V -OE Title III -OE ERDA Presons EDA WEEA - HEW - -Womem's Reguts NIH- alcohabrin NEA ARBA 1HS 6SA Suples DOL Other agree THE WHITE HOUSE mated to Negat TA WASHINGTO Mathin Sessions they fundings knowledge of at Some agrees will be alway Spouse $1 by formals me discrition where Meetures Due us the field People in regerts - cyur to SM FORD this is By haw) outstationed RALD GERALD 1264817 R. THE WHITE HOUSE WASHINGTON Multi - year planning e.g. Pine Ridge dut Tr Worlth Ey OST Jahn Xlawy and to Trues all CETA women to fr. to fuel state the are puding that health Truby data. "Straugte and wge of trebes mule used does but X well INDIAN LIGNITE MANPOWER PROGRAM UNITED TRIBES EDUCATIONAL TECHNICAL CENTER 3315 SOUTH AIRPORT ROAD BISMARCK, NORTH DAKOTA PHONE 701-255-3285 EXT. 287 00000 October 7, 1976 Mr. Brad Patterson Special Assistant to the President White House Washington, D.C. 20510 Dear Mr. Patterson: I would like to express my thanks in appreciation for the opportunity to meet with you in Washington on October 1, 1976. I hope any future meetings of this nature prove to be as beneficial. If you have any questions concerning our program, please feel free to contact me at 701-255-3285, extension 287. Thank you. Sincerely, Douglas J. Myers Director DJM: ak