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Papago Tribe
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1103412
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Papago Tribe
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Bradley H. Patterson Files (Ford Administration)
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The original documents are located in Box 4, folder "Papago Tribe" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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
LAW OFFICES OF
STRICKLAND & ALTAFFER
802 TRANSAMERICA BUILDING
WILLIAM E. STRICKLAND
TUCSON, ARIZONA 85701
TELEPHONE 622-3661
DABNEY R. ALTAFFER
AREA CODE 602
July 26, 1976
Mr. Bradley Patterson
Special Assistant to the President
The White House
Washington, D.C.
Dear Mr. Patterson:
Serious and lasting adverse effects on the Papago children attending
B.I.A. schools are about to occur which for those students affected
will be irreversible. On the 28th day of June, 1975, a letter was
sent to your office setting forth the devastating effect the
administration of the Permanent Personnel Ceiling was having on the
Santa Rosa and San Simon Schools on the Papago Reservation. On July
9, 1975, the Papago Tribal Council sent a delegation of their people
to Washington, D.C., to meet with Dr. Marrs, Congressmen, O.M.B,
Department of Interior and other personnel to explain the seriousness
of the problem and to request their valuable assistance to acquire
an increase to the B.I.A.'s permanent personnel ceiling sufficient
to protect the equal educational opportunities for Papago students.
A copy of previous correspondence sent and received with pertinent
attachment are enclosed herewith for your consideration.
This documentation will clearly establish that the Papago Tribe of
the State of Arizona was guaranteed thirty (30) additional permanent
status personnel (for teachers and administrative staff) for Santa
Rosa School and sufficient permanent status personnel to provide
teachers, administrators and Staff for San Simon School which will
open January 1977.
It is vitally necessary and a legal requirement that these schools
be maintained at a level to guarantee each and every Papago student
the same equal opportunity to obtain an education as any other
student in the State of Arizona and the United States. As of this
date the education opportunities of Papago children are not equal to
other students in the State of Arizona or the United States, and due
to actions taken by the U. S. Government the Papagos educational
system will continue to be down-graded.
FORD KIBRARY
Mr. Bradley Patterson
Special Assistant to the President
The White House
Washington, D.C.
Page Two
July 26, 1976
It was recently brought to the attention of the Papago Tribal
Administration and Tribal Council that there was an allocation of
thirty (30) additional permanent status personnel positions for
Santa Rosa School, and a short time later a letter was sent to the
B.I.A. area office that a mistake was made and these additional
permanent positions were deleted for the fiscal year 1977. It is
our information that there are no permanent status personnel
positions avilable for the additional 30 teachers, administrators
and staff at Santa Rosa School discussed hereinabove, or for the
necessary teachers, administrators, or staff for San Simon School.
The Chairman of the Papago Tribe, Mr. Cecil Williams; the Director
of Education, Sister Kateri Cooper; members of the education
committee, Mr. Pat Franco and Mrs. Ida Jose, and myself will be in
Washington, D.C. on Monday, August 2 and Tuesday, August 3, 1976,
and urgently request a short conference with you to answer questions,
discuss the problems and possible solutions. Due to the time
limitation I will call your office for confirmation of the meeting
and the date and time.
The Papago people sincerely thank your office for all their past efforts
on their behalf but, for the welfare of their children, find it
vitally necessary to request your advice and services once again.
Very truly yours,
STRICKLAND & ALTAFFER
Wm E. Strickland
William E. Strickland
General Counsel for the Papago Tribe
WES/jc
encls.
H
&
EX
THE PAPAGO TRIBE OF ARIZONA
P. O. Box 837
Telephone (602) 383-2221
Sells,, Arizona 85634
January 20, 1976
&
TORD
Dr. Theodore C. Marrs
SERALD
Special Assistant to the President
The White House
LIRNARY
Washington, D.C.
Dear Dr. Marrs:
I wish to acknowledge and thank you for your valuable assistance
in obtaining 30 full-time permanent positions for the Santa Rosa
School facility on the Papago Reservation.
The Papago Tribe will always be indebted to you for your sincere
interest in the problems of the Papago people and your diligent
and timely efforts expended on their behalf.
The Papago governing body has been successful in the establishment
of an efficient and qualified administration dedicated to the
improvement of overall status of the Papago people with the emphasis
being as much as possible on self-help. Education is the most
important key to the success in this type of philosophy program.
Recognizing the need and President Ford's necessary, but sometime
unpopular, efforts to live within a realistic and feasible federal
budget, it is my belief that the Papago Tribal Administration will
omit all unnecessary monetary requests to Congress and will endeavor
to set their request priorities on matters that will develop and
expand self-help to the point where the Papago Nation will be self-
sufficient.
Three major problems still exist in the field of Indian education
that need to be resolved: 1) Construction has commenced on the San
Simon boarding school, and it should be completed and ready for occupancy
FORD & LIBRARY BRALD
Dr. Theodore C. Marrs
Special Assistant to the President
The White House
Washington, D.C.
January 20, 1976
Page Two
by September of this year. It is vitally necessary that sufficient
full-time permanent positions be available to operate this school;
2) Due to the changing of the federal fiscal year from September 1st
to August 31st, furlough positions will not be feasible because cooks,
bus drivers, maintenance workers and dormitory attendants would be in
a furlough status during the months of September and October of each
year which would basically make the Indian School inoperative during
this period of time; 3) The exercising of self-help through contracting
of the Bureau of Indian Affairs' services is still not feasible due
to the fact that the permanent personnel ceiling as it now exists
would make retrocession, if it be necessary, totally ineffective.
I am sure that we all recognized that the releasing of thirty perma-
nent positions for the Santa Rosa School in September 1975 was only
an interim solution to this serious problem, and therefore the Papago
people again request immediate action by the necessary departments
in the releasing of an additional 77 full-time permanent positions
to fully operate the Santa Rosa and San Simon Schools.
Attached hereto is a copy of the Emergency Request of the Papago
Indian Tribe of Arizona submitted to your office on June 30, 1975.
Very truly yours,
THE PAPAGO TRIBE OF ARIZONA
Cecil Williams, Chairman
cw/j
attached
THE PAPAGO TRIBE OF ARIZONA
P. O. Box 837
Telephone (602) 383-2221
Selds, Arizona 85634
January 20, 1976
Hon. Thomas S. Kleppe
Secretary of the Interior
U. S. Department of the Interior
Washington, D.C.
Dear Mr. Secretary:
Prior to your appointment as Secretary of the Interior, the
Papago Tribe of Arizona submitted a request entitled" Emergency
Request of the Papago Tribe of Arizona, to all pertinent offices
in the United States Senate and House of Representative; O.M.B.;
Dr. Theodore Marrs, Special Assistant to the President; and to
the Secretary of the Interior. Due to the valuable assistance
of all parties concerned 30 full-time permanent positions were
acquired for the Santa Rosa School facility on the Papago
Reservation.
The Papago governing body has been successful in the establishment
of an efficient and qualified administration dedicated to the
improvement of overall status of the Papago people with the emphasis
being as much as possible on self-help. Education is the most
important key to the success in this type of philosophy program.
Recognizing the need and President Ford's necessary, but sometime
unpopular, efforts to live within a realistic and feasible federal
budget, it is my belief that the Papago Tribal Administration will
omit all unnecessary monetary requests to Congress and will endeavor
to set their request priorities on matters that will develop and
expand self-help to the point where the Papago Nation will be self-
sufficient.
FOLD
Hon. Thomas S. Kleppe
Secretary of the Interior
U. S. Department of the Interior
Washington, D.C.
Page Two
January 20, 1976
Three major problems still exist in the field of Indian education
that need to be resolved: 1.) Construction has commenced on the San
Simon boarding school, and it should be completed and ready for
occupancy by September of this year. It is vitally necessary that
sufficient full-time permanent positions be available to operate
this school; 2) Due to the changing of the federal fiscal year from
September lst to August 31st, furlough positions will not be feasible
because cooks, bus drivers, maintenance workers and dormitory atten-
dants would be in a furlough status during the months of September
and October of year year which would basically make the Indian School
inoperative during this period of time; 3) The exercising of self-
help through contracting of the Bureau of Indian Affairs' services is
still not feasible due to the fact that the permanent personnel
ceiling as it now exists would make retrocession, if it be necessary,
totally ineffective.
I am sure that we all recognized that the releasing of thirty perma-
nent positions for the Santa Rosa School in September 1975 was only
an interim solution to this serious problem, and therefore the Papago
people again request immediate action by the necessary departments
in the releasing of an additional 77 full-time permanent positions
to fully operate the Santa Rosa and San Simon Schools.
Attached hereto is a copy of the Emergency Request of the Papago
Indian Tribe of Arizona submitted to your office on June 30, 1975.
Very truly yours,
THE PAPAGO TRIBE OF ARIZONA
Cecil Williams, Chairman
FORD
cw/j
attached.
GERALD
EMERGENCY REQUEST
of the
PAPAGO INDIAN TRIBE OF ARIZONA
(Field of Education - Teachers and Staff for B.I.A. Schools)
The Papago Tribe has recently been informed by the Phoenix
Area Offices of the Bureau of Indian Affairs that the permanent per-
sonnel ceiling imposed upon this area is so limited that the Phoenix
Area Office is unable to contract for the necessary permanent per-
sonnel positions to operate the two Bureau of Indian Affairs' Boarding
Schools located on the Papago Reservation, and to fully operate the
Phoenix Area Boarding Schools located in Riverside, California; Steward,
Nevada; and Phoenix, Arizona. The Bureau of Indian Affairs recently of-
fered to contract with the Tribe the management and running of said
schools, but the Papago governing body decided that before considering
this offer, the Tribe must develop an orderly transitional and training
plan that would insure and protect the highest quality of educational
standards. For this reason, the Papago Tribe finds it necessary to
make the following requests, in order of their priority:
REQUESTS
FIRST PRIORITY
The immediate raising of the Bureau of Indian Affairs per-
manent personned ceiling sufficient to contract 101 permanent personnel
positions so that the necessary teachers and staff can be employed to
(increased to 72 after operation commenced)
operate the Santa Rosa Boarding School's new addition (66 additional
teachers and staff), and the new San Simon Boarding School (35 teachers
and staff), both located on the Papago Indian Reservation.
SECOND PRIORITY
The immediate raising of the Bureau of Indian Affairs per-
manent personnel ceiling to employ sufficient additional permenent
personnel to fully operate the existing Indian Boarding Schools located
in the Phoenix Area.
FACTS
SANTA ROSA BOARDING SCHOOL
In fiscal year 1974, the Papago Tribe of Arizona received
$4,500,000 for the construction of the first phase of the Santa Rosa
Boarding School of which the final addition will be completed in
September or October of 1975. This school educates Papago children
through the eighth grade, and the original buildings were designed
for an enrollment of 350 students. Last year's school term enroll-
ment was 444 students, and the expected enrollment for this fall
with the completion of the new addition will be approximately 600
students. While adequate funding has been made available for the
fiscal year of 1976 to employ the teachers and staff necessary to
open these facilities, the Bureau of Indian Affairs permanent per-
sonnel positions ceiling is not high enough to permit them to do SO.
SAN SIMON BOARDING SCHOOL
In fiscal year 1975, the Papago Tribe of Arizona received
$2,000,000 for the construction of San Simon Boarding School buildings
1, 2, 5, 6 and 7, including ten quarters, classrooms, kindergarten,
library, administrative offices, multipurpose room and kitchen, which
will be completed in December 1975, or January, 1976. The expected
enrollment this fall will be approximately 200 to 250 Papago students.
While adequate funding has been made available for the fiscal year of
1976 to employ the teachers and staff necessary to open these facilities,
the Bureau of Indian Affairs permanent personnel positions ceiling is
not high enough to permit them to do so.
PHOENIX AREA BOARDING HIGH SCHOOLS (Riverside, California; Steward,
Nevada; Phoenix, Arizona)
The Papago Tribe has been informed that the Phoenix Area
Boarding Schools' enrollment will be drastically reduced or one of
the schools might have to be closed due to insufficiency of the Bureau
of Indian Affairs permanent personnel ceiling. 500 Papago High School
children attend these schools out of a total enrollment of approxi-
mately 2,000 Indian students. There is only one high school (public
school) on the Papago Reservation, and it is over capacity, with
classes being held in temporary classrooms. Any reduction in the
enrollment of the Phoenix Area Boarding Schools will have the effect
- 2 -
of depriving Papago students of their high school education.
CONFLICT WITH EXISTING FEDERAL LEGISLATION
1.
Public Law 93-638, Indian Self-Determination Act,
(January 4, 1975), Declaration of Policy, Section 3 (b)
"The Congress declares its commitment to the main-
tenánce of the Federal Government's unique and con-
tinuing relationship with the responsibility to the
Indian people through the establishing of a meaning-
ful Indian self-determination policy which will per-
mit an orderly transition from Federal domination of
programs for and services to Indians to effective
and meaningful participation by the Indian people
in the planning, conduct and administration of those
programs and services.
The Administration's imposition of limitation of Bureau of
Indian Affairs permanent personnel is contrary to and destroys the
meaning of the key words of the paragraph, which are "orderly trans-
ition", and in effect inserts therein "forced transition".
2. Public Law 93-638, Indian Self-Determination Act,
Declaration of Policy, Section 3 (c)
"The Congress declares that a larger national goal
of the United States is to provide the quantity and
quality of educational services and opportunities
which will permit Indian children to compete and
excel in the life areas of their choice, and to
achieve the measure of self-determination essential
to their social and economic well being."
The failure of the Administration to provide sufficient
Bureau of Indian Affairs permanent personnel positions necessary to
staff both present and future Bureau of Indian Affairs' schools is in
definite conflict with the Congressional declaration of policy set
forth in this paragraph.
3. Public Law 93-638, Indian Self-Determination Act, Title
1, Section 102 (a)
"The Secretary of the Interior is directed upon the
request of any Indian tribe, to enter into a contract
or contracts with any tribal organization of any such
Indian tribe to plan, conduct, and administer programs
or portions thereof, provided for in the Act of April
16, 1934 (48 Stat.596) / as amended by this Act, any
other programs, or portions thereof, which the Secretary
of the Interior is authorized to administer for the bene-
fit of Indians under the Act of November 2, 1921 " (42
Stat. 208), and any Act subsequent thereto:
Instead of contracting by tribal request, the Bureau of
Indian Affairs permanent personnel ceiling creates forced contracting
and as a direct result therefrom the position the Papago Tribe finds
- 3 -
itself in is "either to contract for the services or the services will
not be provided".
4. Public Law 93-638, Indian Self-Determination Act, Title
I, Retrocession, Section 106(d).
"
Providing, however, that whenever an Indian
tribe requests retrocession of the appropriate
Secretary for any contract entered into pursuant
to this Act, said retrocession shall be effective
upon a date specified by the appropriate Secretary
not more than 120 days from the date of the request
by the tribe, or at such later date as may be
mutually agreed to by the appropriate Secretary
and the Tribe."
The Bureau of Indian Affairs permanent personnel ceiling
as it now exists would make retrocession an ineffective portion of
the Act due to the fact that any permanent personnel position made
available by tribal contracting of Bureau of Indian Affairs services
will, by necessity, be filled in other areas where personnel shortages
exist, and the Bureau of Indian Affairs would be unable to supply the
necessary permanent personnel positions to honor the demands of a
tribe to retrocede a service.
RESPECTFULLY SUBMITTED this 30th day of June , 1975.
THE PAPAGO TRIBE OF ARIZONA
By Coo ( Willams
Cecil Williams
Chairman
- 4 -
THE WHITE HOUSE
WASHINGTON
September 3, 1975
Dear Mr. Strickland:
Thank you for your letter of June 30, 1975, forwarding
the request of the Papago Indian Tribe of Arizona for
an increase to the Bureau of Indian Affairs employment
ceiling of 101 full-time permanent positions to operate
the Santa Rosa and San Simon boarding schools.
With respect to the Santa Rosa School, I have been
advised by the Department of the Interior that 30
full-time permanent positions have been made available
for that facility. While, admittedly the additional
30 positions will not be sufficient to hire all the
personnel required on a full-time basis, it will provide
for hiring permanent personnel to fill the most critical
positions; i.e., teachers, counselors, principal, etc.
The remaining positions, consisting for the most part of
cooks, bus drivers, maintenance workers and dormitory
attendants, must perforce be staffed with individuals
employed on furlough or part-time appointments. The
Bureau is hopeful that these positions can be converted
to permanent status at a later date through attrition
and internal reallocation.
Regarding the San Simon boarding school, the Department
has informed me that the facility will not be ready for
operation during the upcoming school year due to
unavoidable delays in planning and design. Accordingly,
no positions will be required for this school in the
current fiscal year. If construction is expected to be
completed in time to open the school for the 1976-1977
academic year, arrangements for staffing will be made at
that time.
RECEIVED SEP 8
FORD
2
We recognize that this approach represents only an
interim solution to the problem and want to assure
you that every effort will be made to improve the
situation as soon as possible.
Sincerely yours,
marr
Theodore C. Marrs
Special Assistant to the President
Mr. William E. Strickland
Attorney at Law
802 Transamerica Building
Tucson, Arizona 85701
United States Department of the Interior
BUREAU OF INDIAN AFFAIRS
WASHINGTON, D. C. 20245
IN REPLY REFER TO:
7
Control No. 3494
FEB 13 1976
RECEIVED FEB 18 1976
Mr. Cecil Williams
Chairman, The Papago Council
Post Office Box 837
Sells, Arizona 85634
Dear Mr. Williams:
In response to your letter of January 19 and
the one you addressed to Secretary Kleppe on
January 20, this is to advise that in planning
Fiscal Year 1977 permanent employment ceiling,
additional ceiling will be provided for
San Simone School.
Sincerely yours,
Morris Thompson
Enclosure
Res. No. 37-75b
ccied.
account
CERALD FORD LIBRARY
CONSERVE
AMERICA'S
ENERGY
Save Energy and You Serve Americal
27
of the Panago Trieb and all
IVLemorandum
TO
:All Area Directors
DATE:
SEP
8 1975
ROM : ID rector of Administration
UBJECT: ployment Ceiling June 30, 1976
Baring Fiscal Year 1975 the Department withdrew 48 employment ceilings
Exom the Bureau for the transfer of Job Corps to the Office of the Secretary.
Dis revised our ceiling from 13,320 to 13,272.
ADditional ceiling granted for Pine Ridge (+26), Nevada Agency (+12). and
Wata Rosa School (+30) were sent as an increase to the 1975 base. This is
not correct. We have been advised by the Department that this additional
criling is authorization to exceed our ceiling; not an addition to our base.
The attached tabulation reflects the OMB ceiling by areas for FY 1976 and
the over-ceiling allowed by the Department. Please correct your records to
reflect the OMB ceiling and the addition as an over-ceiling authorization.
Paclosure
S.D.Ass
Bay U.S. Savings Bonds Regularly on the Payroll Savings Plan
EMPLOYMENT CEILING
FY 1975
OMB
Department
Permanent Ceiling
Over Ceiling
Aberdeen
1,405
26
Albuquerque
934
--
Anadarko
688
Billings
562
--
Eastern
365
Juneau
750
--
Minneapolis
228
--
Muskogee
465
:
Navajo
4,493
:
Phoenix
1,438
42
Portland
912
:
Sacramento
197
:
Central Office
835
--
Total
13,272
68