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1103351
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Agriculture Department Programs
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1103351
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document
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Agriculture Department Programs
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Bradley H. Patterson Files (Ford Administration)
Bradley Patterson's Native American Programs Files
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Indians of North America
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1103351
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1976-09-01
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9
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1976
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1976-05-01
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5
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1976
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The original documents are located in Box 1, folder "Agriculture Department Programs"
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States of America his copyrights in all of his unpublished writings in National Archives collections.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 1 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library
STATES UNITED DEPARTMENTOF CRICULTURE
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
WASHINGTON, D. C. 20250
May 2 7, 1976
May 26, 1976
Dr. Ted Marrs
Special Assistant
to the President
The White House
Washington, D. C. 20006
Dear Dr. Marrs:
This is in response to your memo of May 5, 1976, requesting information
on the U.S. Department of Agriculture's (USDA) Indian policies for a
forthcoming meeting with Indian leaders.
Our Department is committed to extending its delivery of benefits and
services to qualified Indians and tribal groups. Our long range goals
to achieve this are:
Increase the effectiveness of the Indian Desk.
Research and achieve changes in procedural, regulatory,
and legislative obstacles to Indians' participation in
USDA programs.
Participate fully with other Federal agencies to coordi-
nate efforts in meeting common Indian goals.
Our short term goals are as follows:
Intensify the Indian Desk's communications with tribes
and Indian groups through field visits related to specific
problems.
Improve the effectiveness of the Special Task Force for
American Indian Affairs in resolving barriers to American
Indian program participation.
Devise a system of agency feedback on Indian contacts and
program assistance.
Provide information or training, as needed, to field staff
regarding the special status and problems of Indians and
develop outreach programs to encourage Indian participation
in USDA programs.
FORD & LIBRARY GERALD
2
Assist agencies to increase Indian participation in training
programs and employment.
Recent significant accomplishments include the following:
The Indian Desk, established in 1974, has been strengthened
by an Indian Supervisor and a staff of three.
The Indian Desk published and distributed a brochure, "USDA
Programs of Interest to American Indians," which explains all
assistance available through the Department.
The Farmers Home Administration (FmHA) has relaxed the require-
ment of a mortgage on land as collateral for a land acquisition
loan and now accepts an income assignment. FmHA will also accept
a 50-year lease as security for a housing loan.
The Department conducted eight surveys of seven Indian reservations
and one inter-tribal council with follow-up visits to four of these
in which many local significant achievements resulted.
Additional assistance by USDA agencies are regularly included in
our White House Report.
The establishment of the Indian Desk itself is recognition of the special
relationship of Federal agencies to Indian people. A real future goal is
to promote this concept both organizationally and in program delivery in
USDA. Methods will be considered for overcoming the critical lack of
precise data on program participation by Indians.
I hope this information has provided a satisfactory background for you.
If you have any additional questions, please do not hesitate to contact
me.
Sincerely,
J Assistant Secretary
J. PAUL BOLDUC
for Administration
FORD LIBRARY & GERALD
UNITED STATES DEPARTMENT OF AGRICULTURE
FOOD AND NUTRITION SERVICE
WASHINGTON, DC 20250
September 10, 1976
Mr. Bradley H. Patterson, Jr.
The White House
Washington, D.C. 20500
Dear Mr. Patterson:
This is in reply to your recent correspondence on behalf of
Mr. Wendell Chino, President, National Tribal Chairmen's
Association, Mescalero, New Mexico.
Mr. Richard L. Feltner, Assistant Secretary of Agriculture,
responded to an identical telegram from Mr. Chino on August 11,
1976. A copy of the letter is enclosed for your information.
Thank you for your interest in Child Nutrition Programs.
Deputy P Sincerely, Royal Administrator Shippy shipp
1 Enclosure
FORD & LIBRARY GERALD
AMERICAN REVOLUTION INCENTENNIAL
200 YEARS OF AMERICA
03 YEARS OF SCHOOL LUNCH
1776-1976
m
0
THE WHITE HOUSE
WASHINGTON
Dear Wendell:
It was a pleasure seeing you and Rita and
your daughter the other day. Hope to repeat
the visit out your way some time when schedule
permits.
The President signed the memorandum about
yours truly, and I enclose a copy of it.
Among Ted's papers I found your telegram
of July 14 about school meals eligibility. I
don't know the details of this, but I am going to
find out and am asking the Administrator of
Agriculture, Food and Nutrition Service, to
check and write you directly with an answer to
your question. I'll get a copy of his letter, too.
Cordially,
Bradley H. Patterson, Jr.
Mr. Wendell Chino
President, National Tribal Chairmen's Assn.
Mescalero Apache Tribal Council
PO Box 326
Mescalero, New Mexico 88340
CC: The Administrator, Food and Nutrition Service
Department of Agriculture for direct reply
copy to Bradley Patterson, White House
FORD i LIBRARY GERALD
ADMICULTURE
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
WASHINGTON, D. C. 20250
August 11, 1976
Mr. Wendell Chino
Chairman
Mescalero Apache Tribe
P. D. Box 176
Mascalero, New Mexico 88340
Dear Mr. Chino:
This letter is in response to your recent telegram regarding categorical
certification of free meals for all Indian children.
You, no doubt. are aware that the current situation began in March,
1970, with USDA funds replacing Johnson-O'Malley funds for meals
served to Indian children. This decision, made jointly by BIA
and USDA, was intended to ensure that Indian children were treated
in the name manuer as all other children in school and to allow the
Johnson-O'Halley funds to be used for other educational services.
The New Mexico State Department of Education believes that Indian
school children have a right to receive free educational benefits
on longstanding treaty rights. In this interpretation, the receipt
of free usels/milk is considered to be one of these educational
benefits. Herein lies the conflict. Based on the law, USDA cannot
categorically certify any group of children to receive free neals/milk.
As per the law, establishing eligibility for free or reduced price
meals is based on an application indicating family size and income
as prescribed 1a the Income Poverty Cuidelines set forth by the
Secretary of Agriculture. At this time, however, USDA and the
New Mexico Department of Education have cooporatively agreed to
propose a slight variation in the usual application procedure. which
would require the approval of the parents and the Tribal Council
prior to implementation.
In accordance with Part 245.6(e) of the euclosed regulations we are
proposing that the parent may choose to personally complete and submit
the application to the appropriate school/school district, or he may
go directly to the Tribal Council to seek assistance in completing
the application. This decision would be left to the parents. At
this point, the Tribal Council would compile a list of those students
who had come to them, attach individual family size and income data,
and submit this information to the appropriate school/school district
for an eligibility determination. Once a determination has been usde,
the parents would be notified of the action.
is
FORD
GERALD
LIBRARY
Hr. Weudell Chino
2
As stated previously, this Department, at this time, has no latitude
to approve categorical certification for any group of children. We
do believe, however, that the above mentioned proposal represents a
just and reasonable procedure which can be agreed upon by all concerned.
Sincerely,
RICHARD L. FELTNER
Assistant Secretary
Enclosure
GERRES 3. FORD LIBRARY
House
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WAA207(1920)(1-036545A196)P 07/14/76 1996
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ICS IPMAYKB ABQ
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PM
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02123 NL PD ALBUQUERQUE NM 225 07-14 NFT
PMS DR TED MARRS, SPECIAL ASSISTANT TO THE PRESIDENT
THE WHITE HOUSE
WASHINGTON DC
THE NEW MEXICO STATE DEPARTMENT OF EDUCATION HAS INFORMED ME THAT
INDIVIDUAL APPLICATIONS REFLECTING FAMILY FINANCIAL STATUS WILL
BE REQUIRED FROM EACH INDIAN STUDENT IN ORDER TO ESTABLISH ELIGIBIL:
FOR FREE AND REDUCED PRICE MEALS UNDER ('CFR PART 245.6). THIS
IS A DEPARTURE FROM PAST PRACTICES WHICH HAS ALLOWED THE
TRIBAL CHAIRMAN TO CERTIFY INDIAN STUDENTS AS BEING ELIGIBLE
WITHOUT RESORRT TO THE INDIVIDUAL APPLICATION PROCESS. A
SIGNIFICANT NUMBER OF INDIAN CHILDREN WILL BE DEPRIVED OF NEEDED
NUTRITIONAL BENEFITS UNDER THE PROPOSED NEW PROCEDURE.
FORD i LIBRARY GERALD
IN VIEW OF THIS POLICY, WHICH WILL CREATE UNDUE HARDSHIP FOR
INDIAN FAMILIES, AND WHICH PRECLUDES EFFECTIVE NEGOTIATIONS WITH
THE NEW MEXICO STATE DEPARTMENT OF EDUCATION, WE REQUEST ONE YEAR
WAIVER OF THE INDIVIDUAL APPLICATION REQUIREMENT. YOUR ASSISTANCE
WITH SECRETARY OF AGRICULTURE REQUESTED. THIS WILL ALLOW THE
INDIAN TRIBES OF NEW MEXICO TO RESPOND ADEQUATELY TO THIS PERCEIVED
THREAT TO THE HISTORICAL RELATIONSHIP OF THE OBLIGATION OF
DELIVERY OF SERVICES TO INDIAN PEOPLE.
13
THIS ABERATION FROM THE STATED POLICY AND OBJECTIVES OF THE
FEDERAL GOVERNMENT CONCERNING ITS OBLIGATION TO THE INDIAN
PEOPLE CANNOT BE TOLERATED.
12
THE ESTABLISHED POLICY OF DEALING WITH INDIAN TRIBES AS A
UNIQUE PEOPLE WITHIN THE LARGER NATIONAL COMMUNITY HAS WITHSTOOD
25
REPEATED ATTACKS AND HAS BEEN VALIDATED BY NUMBEROUS SUPREME
1
?
3
5
5
COURT DECISIONS.
,
THEREFORE, ALL LEGAL IMPLICATIONS OF THIS UNILATERAL ALTERATION
a
?
OF THIS RELATIONSHIP WILL BE STUDIED AND A NEGOTIATION
10
STRATEGY FORMULATED.
11
12
WENDELL CHINO, PRESIDENT, NATIONAL TRIBAL CHAIRMAN ASSOC
13
NNNN
11
15
16
17
13
19
20
21
22
73
21
25
26
FORD & LIBRARY GERALD