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The original documents are located in Box 1, folder "Correspondence, July 1974" 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 Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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 July 1, 1974 Dear Bill: Knowing of NTCA's considerable current interest in the defense and preservation of Indian cultural life, I thought you would like a copy of a bill the President signed recently which certainly has a bearing on that subject. Cordially, Bradley H. Patterson, Jr. Mr. William Youpee Executive Director National Tribal Chairmen's Association FORD is LIBRARY 07WN70 1701 Pennsylvania Avenue, N.W. Suite 406 Washington, D.C. 20006 Enclosure (we sent Public Law 93-291, 93rd Congress, S. 514, May 24, 1974) July 3. 1974 Dear Mrs. Klein: I appreciated the opportunity to talk at length with you and Mr. Crawford yesterday and to hear your views about the problems in ascertaining the outcome of the vote on the 13th Alaska Region under the Alaska Native Claims Act. This is to confirm the advice I gave you on the telephone this morning (after talking with the responsible Interior and Justice officials). The course of action which I believe you hould follow is to respond to the Court's invitation and submit to the Court promptly every piece of evidence in your possession which might substantiate your challenge to the latest computer print-out of the vote-outcome. You indicated to me that you have a good deal of such evidence; now is your chance in Court to make full use of it. Personally I don't think you should hold any of it back merely on any grounds that it might embarrass anyone; if there have been any mistakes or, worse yet, conceivably any manipulation or improprieties, these should all be brought out and substantiated if there is in fact evidence to support this. Our position is to abide by the law strictly; if the vote-count is finally conclusively in favor of the new Region, it must be established; if it is not, it won't be, as I read Section 7(c). Thank you again for giving me your views so candidly and I hope you will keep me informed as to how the Court suit comes along. Sincerely yours, Bradley H. Patterson, Jr. FORD is LIBRARY GENALD Mrs. Helen Marie Klein 215 Loyola Drive Millbae, California bcc: Charles Soller, Interior (Solicitor's Office) Mr. Pittle, Lands Division, Justice Rita Hauser, New York Commissioner Thompson July 3, 1974 Dear Mr. Wright: Thank you for writing to me on April 15 and for sending me copies of articles from the New York Times and other newspapers. As Bradley Patterson of this office explained to you, my reply to your letter has been delayed since I have been abroad. Your statement that changes are needed in the tax laws as they affect artists is supported by many authorities. As you know, several bills are now before the Congress relating to the tax consequences of charitable contributions by creative artists of their works. In addition to providing equitable treatment of artists who donate their own works to tax-exempt institutions, the legislation under consideration is directed, in many instances, to encouraging donations of art works and similar properties to museums, libraries, universities and other institutions. These donations, as you know, have apparently declined since the enactment of the 1969 Tax Reform Act. The National Endowment for the Arts and its advisory body, the National Council on the Arts, are charged with primary respon- sibility for formulating the policies of the Federal government as they relate to the arts. To the best of my knowledge, the Chairman of the Endowment, Miss Nancy Hanks, has not as yet been asked to testify on pending tax legislation as it relates to American artists. However, the Counsel of the Endowment, Robert Wade, has kept in touch with Congressional developments. It may be that you will want to get in touch with Mr. Wade to determine which bills are scheduled for hearings. You might then write FORD & LIBRARY 03RALD - 2 - to the appropriate Committee chairmen suggesting that the artists and spokesmen for artists be permitted to submit their views. I have read with interest the articles which you sent to me. I should note that Endowment funds were not involved in the mural painted in the office of the D.C. Bicentennial Commission. Thank you for your interest. Sincerely, Leonard Garment Assistant to the President Mr. Frank C. Wright, President Council of American Artist Societies, Inc. 112 East 19th Street New York, New York 10003 GERALD R. LIGRABY FORD July 3, 1974 Dear Mr. Bad Wound: This is in reply to your letter to the President dated June 5, 1974, which requested his assistance with regard to the killing of your son, James Bad Wound, Jr. In examining the conviction of Albert Six Feathers, Jr. for the shooting of your son, I must inform you that the Federal Government is precluded from any additional prosecution of Albert Six Feathers, Jr. with respect to this incident. The Fifth Amendment of the United States Constitution prohibits any person from being placed in jeopardy twice for the same offense. As you know, Albert Six Feathers, Jr. plead guilty to involuntary manslaughter on July 27, 1973 and was sentenced to three years imprisonment with two-and- one-half years of that sentence suspended; provided that he serve six months actual time in confinement. In addition, Mr. Six Feathers was placed on probation for five years. The decision by the United States Attorney's Office to dismiss the second-degree murder indictment after the federal district court accepted a guilty plea to the lesser charge of involuntary manslaughter was reached after evaluating all of the evidence in the case and determining what kind of prosecution the evidence would support. Apparently, in the best judgment of the United States Attorney's Office, the evidence did not strongly support a second degree murder conviction. Through negotiation, the United States was able to obtain the defendant's guilty plea to involuntary manslaughter. As you must realize, a Federal prosecutor, in determining how to best deal with a criminal case, must weigh many variables, including the nature of the evidence, the reliability of witnesses and the credibility to a jury, the possible sentences which could be imposed by the court on different charges, the general background FORD LIBRARY is - 4 - and reputation of the accused and the victim, and many other factors. In the instance of Albert Six Feathers, Jr., the Federal prosecutor determined that under the circumstances a guilty plea to involuntary manslaughter was preferrable to trial of a second degree murder charge in which the jury might acquit the accused or where the court might exercise its discretion to impose a minimum sentence, even if a conviction resulted. The maximum prison term for involuntary manslaughter is three years; the term for second degree murder is for any term of year up to life imprisonment. It is conceivable that a conviction for second degree murder would not have resulted in a sentence any greater than the maximum term for involuntary manslaughter. This matter, concerning your son's death, was also thoroughly reviewed by the Office of Indian Rights of the Civil Rights Division to determine whether the United States Attorney's Office abused its prosecutive discretion in the matter. That Office concluded that the prosecutor acted within the limits of his discretion. Because no further judicial or administration action is possible with reppect to your complaint, I can only add my sympathy for the loss of your son and assure you of my continued efforts to secure equal justice under the law for Native Americans. Sincerely, Bradley H. Patterson, Jr. Mr. James Bad Wound Allen, South Dakota 57714 FORD & LIBRARY 078839 July 5, 1974 Dear W. J.: I appreciated getting your letter of the 13th and wanted to comment further especially in the light of a new development which will be of interest to you. On June 7, quite coincidentally the day after we talked, the Acting Deputy Commissioner of Indian Affairs signed a response to the Chairman of the Senate Committee on Interior and Insular Affairs -- a response long in preparation. The subject is rec- ognition policy. As I read Mr. Butler's letter, (which I had not seen before now) I would conclude that tribes such as those in CENA who are seeking recognition should address themselves to the Secretary of the Interior or to the legislature, and not to the Courts which, according to Cohen, tend to regard recognition as a political rather than a juridical question. Whether any tribes in CENA, heretofore not recognized by the Federal Government, fit the general standards which are quoted from Cohen on the last page of Mr. Butler's letter is of course something which you, they and the Secretary or their congressional representatives would have to consider. I would assume you will want to pursue this matter informally with such responsible officers as Commissioner Thompson and Reid Chambers of the Solicitor's staff. The Bureau's letter of June 7, and such discussions, would be more authoritative than the informal comments I made June 6. Cordially, Bradley H. Patterson, Jr. Mr. W. J. Strickland Executive Administrative Director Coalition of Eastern Native Americans, Inc. FORD :- LIBRARY GERALD 927 15th Street Washington, D.C. 20005 July 5, 1974 Dear Mr. Meyer: In reference to your letter to the National Council on Indian Opportunity of June 6, the NCIO was phased out at the end of the last Fiscal Year. NCIO News had not been published for some time. I am sure you have a readership at Amerika Haus interested in American Indian affairs and I will send your note to Commissioner Thompson of the Bureau of Indian Affairs so that Amerika Haus will be included on the list of any publications of BIA. Meanwhile I enclose a couple of items which will be of interest to readers concerned with American Indians. We expect that other internal and external mechanisms will take NCIO's place but are discussing this matter with the leaders of the American Indian community before we create new machinery affecting their interests. Cordially, Bradley H. Patterson, Jr. Mr. James L. Meyer, Director America House FORD & LIBRARY 038870 c/o AmConGen APO New York 09154 Enclosures bcc: Morrie Thompson (the enclosures we sent were the following: Civil Rights Digest (Fall 1973) dncoming sent ltr President's 1970 Message President's statements on Havasupai and Indian Financing Act Mr. Leonard Garment's Albuquerque speech July 5, 1974 Dear Jim: Fay Karson of BookTape Productions, Inc. has informed my office about the issue which has arisen between her and VOA over whether her BookTape materials could be used by VOA in making its own new States Salutes tapes. She is appealing to you on this score. I don't want to get into this issue, especially since it involves technical and research judgments, but wanted you to know about it and trust that you will review the matter with your usual acuteness. Cordially, Leonard Garment Assistant to the President Mr. Jim Keogh, Director USIA 1776 Pennsylvania Avenue, N.W. Washington, D.C. 20547 FORD is LIBRARY GERALD July 5, 1974 HARRIS Dear LaDonna: I appreciate having the opportunity to talk with you and George Crossland the other day and want to thank you and George for the thoughtful and challenging letter of the 24th. This will serve as an interim response to the points in your letter which I propose to follow up with a more detailed answer incorporating comments from Commissioner Thompson and Frank Zarb. (1) I am very much "from Missouri" on your first point. I believe that Assistant Secretary level officials with whom this office has direct contact in Indian Affairs are committed to carrying out the principles of the President's Message. Morrie Thompson, Frank Zarb, Bill Kolberg, Stan Thomas, Sheldon Lubar, Bill Blunt, Stan Pottinger, Harry Sachse -- I can't even name them all -- are all officers who are sensitive to Indian concerns and who have taken initiatives toward having the President's Indian policies observed and implemented. That doesn't mean an automatic reaction that everything any Indian spokesman asks for is justified, but it does mean a commitment to look seriously at proposals made by responsible Indian leaders. There are monitoring procedures, not only in this office, but also in OMB and BIA, to hear complaints about program implementation, and to ask questions in the Executive Branch to find out if the bureaucracy is not performing. This office has played this role frequently in the past five years (a recent example, the Critzer case). The conference you sponsored in April, the petition to the President, the questions and answers you and we put together in the interim, the dialogue between Indians and federal officials June 6 -- are another example of monitorship being called into action. Frank Zarb and Anne Ramsey, as you know, took particularly helpful initiatives with that June conference. FORD is LIBRARY GERALD - 2 - While Brad and I are here to continue that monitorship any time you or other Indian leaders want to call on us, I would recommend that a first approach should always be made by Indian leaders directly to the responsible Assistant Secretary in the Department affected; then let us know if such first discussions don't produce results. (2) When the Administration sent up its Tribal Development Grant Act a year ago, I think it was on the assumption that the expert staff of EDA which has for several years taken the lead in this program within the Department of Commerce, would accompany the program to BIA, so the lack of expertise to which you refer would be thus corrected. I understand and appreciate the cogent point you have made that since the agenda and thrust of the Department of Commerce is toward economic development, responsibility for the Indian economic development program should more appropriately remain there. The other side of the coin, however, is that there is a need for coordination between resource rights protection, resource development financing and credit, and economic development. It was to strengthen the possibilities for such coordination that we proposed the new Grant Act in BIA, in effect a switchover from Commerce. 1 will ask Morrie Thompson to comment further on this matter; it seems at least quite conseivable that Interior generally and BIA in particular could be so strengthened by this new authority, by the EDA staff transferring, and by the new people who are coming on board in BLA, that your objections would be largely met. Let us see what Commissioner Thompson has to say about it. (3) Your query here is very well taken; I agree with it. Economic development and manpower assistance should be planned together in such a manner that Indian young people will always have the option of business and professional opportunities on Reservations, and not see cityward migration as their only real alternative. If in the future you see instances where this principle is not being followed, let me know. But I also think that the size of our commitment to Indian economic development is going steadily upward: $156.4 million spent in the last seven years by EDA, $2.6 million in FY 1974 by OMB, the new Indian Financing Act signed and the FY 1975 Budget just amended to FORD i LIBRARY - 3 - provide for $80,000,000 to implement it: these are not the whole nor the final answer but the trend-line they establish is far ahead of anything in Indian economic development in preceding years. (4) Through an oversight, the group of answers for the June 6 conference did not include the answer from BIA on how, in administering any new economic development authorities, they would meet the point you raise here. That answer is: "With or without the new Act, we believe that it is generally preferable for a tribe to develop its own resources and enterprises rather than leasing resources and facilities to others. Although we would so encourage tribes and provide them with whatever assistance we can, the tribes must make the decision whether to 'do it themselves', go joint venture, or even to lease. Subject to comments of the tribes, we may include a priority to the granting of funds to tribes who are going to 'do it themselves. (5) Not being any expert on irrigation projects, I will ask Morris Thompson, on behalf of the Department of the Interior, to comment on your fifth point. I do know that both Interior and Justice, like ourselves, are committed to protect Indian natural resources rights; our joint role in the briefs for the US V Washington decision should be remembered if any confirmation is needed. But you are right when you point out that geologic and hydrologic studies are the sources of the data needed for the future protection especially of water rights; I will ask Commissioner Thompson to comment further on his assessment of Interior's entire program on this front. (6) As Brad and I explained when we met, the Administration is quite prepared to consider proposing to Congress the establishment of an independent agency for Indian affairs (outside of both the Department of the Interior and of the Executive Office of the President) but only if Indian leaders from all the responsible Indian organizations really express a clear interest in this option. We would want opinions from NTCA and NCAI before we made any moves in that direction; FORD is LIBRANY - 4 - absent an Indian leadership consensus, such a move by us would result in our being charged with undercutting BIA and probably with being "terminationist" to boot. If AIO, NTCA and NCAI all asked us, I think we, OMB and BIA would probably be willing to help work up the outline of an option paper on this matter for discussion in the Indian community, but the whole move must be a matter of Indian initiative, and genuinely so. In closing, I want to associate myself with what you and George were pointing out to us about the whole Indian natural resources picture: the likelihood that growing national pressure for the exploitation of all our energy resources could, if pushed headlong, adversely impact on Indian rights. The task we face is, it seems to me, difficult but solvable: to reconcile resource development needs with Indian economic development needs, with Indian cultural and environmental protection, and with the strengthening of Indian tribal government. Even here, there are good signs; the advent of Martin Seneca as the BIA's senior officer for trust responsibilities, the drafting of NARF's new paper "Declaration of Indian Rights to the Natural Resources in the Northern Great Plains States" and NTCA's new contract with the American Indian Bar Association for studies of Indian natural resources rights protection. We will work cooperatively with all these initiatives, and with you, in achieving that reconciliation which I described above. I hope you will share these exchanges of letters with Chuck Triamble and Bill Youpee. With warm personal regards to you and George, Sincerely, FORD is LIBRARY 9ERVLD Leonard Garment Assistant to the President Mrs. LaDonna Harris President, AIO Action Council 1820 Jefferson Place Washington, D. C. CCI Morris Thompson Frank Zarb Bill Blunt Commerce Kent Frizzell July 8, 1974 Dear Mr. Shober: Thank you for your gracious note of the 3rd. It was a pleasure for me, also, to speak to the Brookings group; yours was the tenth of a series. It is good, I believe, for us in government to face an exchange of dialogue and questions from such interested and experienced persons as yourself and the group of which you were a member. It would be a genuine pleasure to visit with you at Hahnemann, and I will put your letter close by in case a trip comes up which could include Philadelphia. Cordially, Bradley H. Patterson, Jr. Mr. Wharton Shober The Hahnemann Medical College & Hospital of Philadelphia 230 North Broad Street Philadelphia, Pennsylvania 19102 FORD & LIBRARY GERALD CF July 9, 1974 Dear Ms. Lafky: Carl Stoiber has forwarded to me your letter of May 27 and the resolution of the La Crosse County Democratic Party. We have a completely open mind about the possibility of giving the Bureau of Indian Affairs an independent agency status, but I would urge your good friends and fellow citizens of La Crosse County to check that resolution and, evan more, the other two which you have endorsed, with either of the responsible national Indian organizations: the National Tribal Chairman's Association or the National Congress of American Indians. The sentiments expressed about the Indian Reorganization Act, for instance, are not at all representative of responsible, bipartisan, progressive Indian leadership thinking -- and it is these progressive leaders with whom we should all work most closely and to whose views we should give the most weight. Sincerely, FORD LIBRARY s GERALD Bradley H. Patterson, Jr. Ms. Ann L. Lafky 1107 Caledonia Street La Crosse, Wisconsin 54601 July 9, 1974 MEMORANDUM FOR: NORMAN ROSS FROM: LEONARD GARMENT ASSISTANT TO THE PRESIDENT SUBJECT: Domestic Council Committee on Indian Affairs As you suggested, Brad has consulted with John Whitaker and Frank Carlucci about the formation of this Subcommittee. John concurs orally and Frank in writing (attached) with the proposed draft memorandum for your signature which would establish the Council Subcommittee. So do I. Frank Zarb is away until Friday; OMB concurs in the establishment of the Subcommittee but in Frank's absence has not had a chance to come up with any comments on the draft memorandum. Bill Casselman, as you know, supports the establishment of the Subcommittee; he is away today and if he has any comments on the memorandum of establishment, Brad expects to hear from him tomorrow morning. Recognizing that the Indian community needs a full and clear explanation of what we are doing (and what we are not doing), Brad has drafted a letter which I recommend Ken also sign when he signs the memorandum to Cabinet officers. The letter is on the long side, but it is essential to send this kind of communication around widely; otherwise the whole action is likely to be thisunderstood. Brad has delivered a copy of the draft letter to Casselman's office and if you would need a formal clearance of it with Whitaker or others, let Brad know. FORD is LIBRARY 938839 HEALTHS EDUCA DEPARTMENT CETTIN E THE UNDER SECRETARY OF HEALTH, EDUCATION, AND WELFARE WASHINGTON, D.C. 20201 use JUL 8 1974 MEMORANDUM FOR BRAD PATTERSON I have reviewed your May 30 draft memorandum concerning the National Council on Indian Opportunity and concur in the recommendation to establish a Domestic Council Committee on Indian Affairs. I am looking forward to this Department's active participation in the work of this very important committee. Jack Frank Carlucci Under Secretary GERALD FORD i LIBRARY DRAFT MEMORANDUM FOR: THE VICE PRESIDENT SECRETARY OF DEFENSE ATTORNEY GENERAL SECRETARY OF THE INTERIOR SECRETARY OF AGRICULTURE SECRETARY OF COMMERCE SECRETARY OF LABOR SECRETARY OF HEALTH, EDUCATION AND WELFARE SECRETARY OF HOUSING AND URBAN DEVELOPMENT DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET ADMINISTRATOR, SMALL BUSINESS ADMINISTRATION FROM: KENNETH R. COLE, Jr. ASSISTANT TO THE PRESIDENT FOR DOMESTIC AFFAIRS SUBJECT: Domestic Council Committee on Indian Affairs The President has directed that a new Domestic Council Committee on Indian Affairs be established, to fulfill the internal policy coordination function heretofore assigned to the National Council on Indian Opportunity. The Secretaries of Interior and of Health, Education and Welfare are hereby designated Co-Chairmen. The members of the Committee are as follows: Attorney General Secretary of the Interior GERALD 8.1080 B' Secretary of Agriculture Secretary of Commerce Secretary of Labor Secretary of Health, Education and Welfare Secretary of Housing and Urban Development Director of the Office of Management and Budget The Heads of other Departments and Agencies with programs involving American Indians may be invited as ad hoc members for specific questions. -2- The Committee is charged with (a) examining policy questions which may arise in the implementation of the President's Message of July 8, 1970, including such questions as the scope of tribal sovereignty, eligibility for federal recognition, criteria for restoration or conveyance of lands into trust, effect and application of the Indian Civil Rights Act and meeting the special needs of urban and non-federally-recognized Indians; (b) ensuring coordination among federal agency programs which affect Indians (regardless of where they live), and (c) 20 result of (a) or developing recommendations for additional legislative or administrative initiatives which the President should take in these or related areas. It is important, of course, that prior to their internal deliberations within the Committee, members actively seek the advice and views of affected Indian groups and their leadership. Until such time as the Indian leadership develops other consultative mechanisms, Committee members should consult with the National Tribal Chairmans' Association and with the National Congress of American Indians on matters affecting federally-recognized tribes and with NCAI, the Coalition of Eastern Native Americans and other constituent-based organizations on matters affecting urban and non-federally-recognized Indians. CC: Secretary of the Treasury Secretary of Transportation Counsellor Dean Burch FORD & LIBRARY GERALD Administrator, Environmental Protection Agency Administrator, General Services Administration DRAFT LETTER 7-9-74 Dear Mr. Tonasket Governor Lewis Ever since his Message of July 8, 1970, the President has had a personal interest and commitment in changing the past direction of Indian policy and in making available to Indian people new opportunities and new resources. Besides his legislative program, the President has supported measures across the board in his Executive Branch to defend Indian natural resources rights, to restore lands wrongfully taken in the past, to ensure that Indian tribal governments are included in such new programs as the manpower act, and to support tribal self-determination. Measures and actions of this sort, however, are not a one-shot affair, but represent a continuing process: of examining problems and issues, of reviewing alternative options thoughtfully. New issues are always arising, and the judgment and resources of several agencies, including but going beyond the Departments FORD LIBRARY is 078 of the Interior and Health, Education and Welfare, are called upon, Looking at these issues and developing positions about them for the President, not only requires program leadership on the part of the various agencies and but especially requires coordination among those agencies, since Indian people are not well served if one Department's policies negates what another is supporting. = 6 - within the Executive Branch it has long been the President the at Taking the lead in trying to ensure coordination in policy development have been the Vice President's office, Leonard Garment's office, and the Office of Management and Budget. The Vice President's contribution has in the past been through the National Council on Indian Opportunity, a combined Cabinet Committee and Indian leadership advisory group set up by the previous President. The Indian members of the advisory group, and the NCIO staff devoted a great deal of attention and time to the matters before them and for this they have earned the respect and appreciation of us all. But as a Cabinet Committee, dealing with the kinds of Interagency problems I referred to earlier, the NCIO really did not function. Mr. Garment and Mr. Patterson have filled this program monitorship and coordination role on an ad hoc basis. OMB, especially in recent months under Mr. Zarb's leadership, has made substantial contributions toward ensuring that the Executive Branch agencies work together in implementing the President's Indian program. But all these efforts can be improved. For policy development within the Executive Branch it has long been the President's preference to have the responsible agencies brought together at - 3 - their senior levels. He does this at his level through the Domestic Council, of which Cabinet officers are the members and the Vice President is Vice Chairman. To permit concentration on certain particular areas of domestic policy development, the President has directed the establishment of some Domestic Council subcommittees, such as those on Privacy, Environmental Resources, Community Development, Health Insurance, Income Security and Drug Abuse. A Domestic Council staff officer works with each of these subcommittees and from the Departments, their Heads and appropriate Assistant Secretaries form their membership. It is in order to strengthen our capacity to handle Indian policy matters and in order to maintain and accelerate the FORD LIBRARY is GERALD momentum begun by the President in this area four years ago, that the President has today decided to form a new Domestic Council Subcommittee on Indian Affairs. I enclose a copy of the memorandum which I have signed at his direction. As my memorandum states, there will be two co-Chairmen of this new Subcommittee: Secretary Morton and Secretary Weinberger. At the working level will be Assistant Secretaries such as, for example, Commissioner of Indian Affairs Morris Thompson. - 4 - The Domestic Council staff officer who will be assisting this new Subcommittee will be [insert a couple of sentences about this officer and his experience/qualifications in Indian affairs] I wish to stress one final point. The Domestic Council and its Subcommittees of course are "in-house" bodies, made up only of Cabinet Officers and their policy assistants. But whether or the subject is Health Insurance of Indian Affairs, those same Cabinet and Sub-Cabinet officers cannot participate usefully or wisely in Domestic Council or Subcommittee meetings unless and until they themselves have carried on wide-ranging consultation with responsible non-governmental groups which in turn represent thousands of affected and interested citizens. A few months ago, Vice President Ford, in explaining why the NCIO was going to be phased out, proposed for Indian consideration, the establishment of two new Indian consultative groups, one from the leadership of the federally-recognized tribes and one from the leadership of the non-federally-recognized Indian groups. As I understand it, the Indian community has had some doubts about the advisability of establishing one or both of these new consultative bodies. In view of these doubts, we propose to defer any such move until you and your associates give us more definitive and hopefully - 4 - agreed . -- views. Pending that time, you will note the instructions I have included to the Cabinet Departments in the final paragraph of the attached memorandum. I apologize for the length of this letter but wanted you and the members of your organization to have a personal word from me about this new Subcommittee and to have the commitment which I make to you again: the members of this Subcommittee will be seeking out Indian advice from you and your colleagues and will draw upon that advice and counsel as together we keep on in the direction the President has pointed: to improve the life of Indian people of this nation. Sincerely, Kenneth R. Cole, Jr. Assistant to the President for Domestic Affairs 1072 LIBRARY is 079575 Enclosure: Memorandum for Cabinet Officers CC: LaDonna Harris, AIO American Indian Press Association Addressees of the Memorandum for Cabinet Members July 8, 1974 Dear Mr. Castle: Thank you for your kind note of the 1st. It was a pleasure for me, also, to speak to the Brookings group; yours was the tenth of a series. It is good for us in government to face an exchange of dialogue and questions from such interested and experienced persons as your grupp. I appreciate knowing about your interest and obvious capabilities in the computer science field and will keep this information on tap in case it fits with a requirement which comes to my attention. Cordially, Bradley H. Patterson, Jr. Mr. J. C. Castle, General Manager FORD 2 LIBRARY GERALD General Electric Company 401 N, Washington Street Rockville, Maryland 20850 July 10, 1974 MEMORANDUM FOR: JERRY JONES FROM: BRAD PATTERSON SUBJECT: Storage File Boxes Would you please send two (2) storage file boxes to room 182 OEOB. We have quite a few files to be sent to Central Files for storage. FORDO i LIBRARY GERALD July 10, 1974 Dear Mrs. Fountaine: We have received your letter requesting assistance in returning the body of your brother, Frank Clear, to the burial plot arranged for by your father in Waynesboro, Virginia. I regret to inform you that there is no provision under law which permits the federal government to pay for the retransport of a body to a final resting place following its original interment. The only exception to this policy is the case in which the individual dies while a patient at a Veteran's hospital. In such an instance a body may be disinterred, retransported, and reburied at the family's request. May I offer condolences to you and your family in this situation. Sincerely, Bradley H. Patterson, Jr. GERALD R ANVERT FORD Mrs. Richard Fountaine 844 Woodson Avenue Waynesboro, Virginia 29980 (File to Dennis Ickes, DOJ) CF July 10, 1974 Dear Mrs. Hadkarni: I am in receipt of your enclosed request for a transcript from the National Council on Indian Opportunity. The Council has recently been phased out of existence, to be replaced by a similar body in the near future. Its records have been sent to the National Archives. I suggest that you contact the National Archives of the United States to obtain the transcript requested. I hope that this will be of assistance to you, and are returning the green card in case you need to re-use it. Sincerely, Bradley H. Patterson, Jr. Mrs. Meena Nadkarni Head, Acquisitions Department York University Law Library 4700 Keele Street Downsview, Ontario, Canada Advernment Documents m3J 2RS FORD LIBRARY is GERALD July 12, 1974 MEMORANDUM FOR: TOM KOROLOGOS FROM: LEONARD GARMENT SUBJECT: H.R. 10337 in the Senate (the Navajo-Hopi Bill) Frank Zarb and I would appreciate it if you would get an estimate for us of the way the Senate is likely to go on this House-passed bill. The bill will authorize the District Court in Arizona to partition the lands to whihh a Court has said the Navajos and Hopis have a "joint undivided and equal interest" -- to make a legal division of the land. This will mean that the Secretary of the Interior will have physically to move some (not known how many, in the end) die-hard Navajo families who have lived their lives in that area. It could be a very sad scene. Senator Abourezk has come up with an alternative approach embodied in Section 306 of S. 3724: to permit life-long Navajo FORD is LIBRARY QERALD residents to live out the rest of their lives there before the land is transferred to the Hopis, and proportionately less for those more recent residents. A more humane approach. John Whitaker feels, however, that the prospect of the deferred land transfer implicit in the Abourezk alternative will worsen the tensions between Navajo and Hopi, and violence could also occur if the Congress takes this option. In the House, Steiger, Haley, Regula, Owens, Roncalio and Rhodes favor the partition-and-move approach in H.R. 10337; in the Senate - 2 - it is reported that Goldwater and Fannin favor this also, even at the risk of losing Navajo political support. Peter MacDonald, a Presidential supporter (he rode in the Inaugural Parade) is of course very much opposed to H.R. 10337; he is coming to Washington a week from today. (After we get your estimate, Frank and I plan to invite Rog Morton, John Whitaker and possibly some Justice officials to make a final review of this situation, whereupon we will send a report letter to the Senate Interior Committee which has requested it prior to upcoming hearings.) CC: Frank Zarb FORD LIBRARY j GERALD July 15, 1974 Dear Mr. Obadele, Thank you for your letter of June 26th. I have ascertained that there are several officers here in the Department of Housing and Urban Development who are thoughly familiar with the terms and requirements of the New Communities Act and who will be glad to meet with you and your colleagues of the Mississippi and National Black Assemblies. May I suggest you telephone Mr. David Nimmer, the Director of the Regional Liaison Office of the New Communities Administration for an appointment. He can be reached at 202-755-7894. I am suggesting to him that when your meeting is arranged, he also invite a representative of the Department of Agriculture who can answer any questions you may have about the Rural Development Act. Sincerely, Leonard Garment Assistant to the President Mr. Imari Abubakari Obadele, I Post Office Box 465 Jackson, Mississippi 39205 bee with incoming correspondence to: FORD LIBRARY is GERALD Mr. David Nimmer, NCA/HUD HUD July 15, 1974 Dear Mr. Obadele, Thank you for your letter of June 26th. I have ascertained that there are several officers here in the Department of Housing and Urban Development who are throughly familiar with the terms and requirements of the New Communities Act and who will be glad to meet with you and your colleagues of the Mississippi and National Black Assemblies. May I suggest you telephone Mr. David Nimmer, the Director of the Regional Liaison Office of the New Communities Administration for an appointment. He can be reached at 202-755-7894. I am suggesting to him that when your meeting is arranged, he also invite a representative of the Department of Agriculture who can answer any questions you may have about the Rural Development Act. Sincerely, Leonard Garment Assistant to the President Mr. Imari Abubakari Obadele, I Post Office Box 465 Jackson, Mississippi 39205 bcc with incoming correspondence to: Mr. David Nimmer, NCA/HUD FORD is LIBRARY GERALD THE WHITE HOUSE WASHINGTON Freeway Daol Nummer Dr, Reg leason office N.CAdy HUD UNDERY & GERALD 202-755-7894 THE WHITE HOUSE WASHINGTON July 12 LG: Even this is a way-out outfit, my own feeling is that we should at least respond with a willingness to answer their questions. HUD agrees (I have talked with Mr. Nimmer); at first they and I had suggested a gent in Atlanta with whom this g roup could meet, but HUD prefers to have them come to Washington. OK Brad July 15, 1974 Signature Dear Larry: This is to raise with you personally an area of issues which deserves more attention than either of us has been giving it: litigation and appellate strategy in Indian claims cases. The Indian Claims Commission, as you know, is the judicial body which is the court of first resort in these cases. The Commission was established by the Congress to "hear and determine" claims against the United States on a very wide range of grounds: "law", "equity", "fraud, duress, unconscion- able consideration, mutual or unilateral mistake", and "claims based upon fair and honorable dealings". The intent of the Congress was to have these claims examined, judged, paid and finished with expeditiously and under more liberal than usual criteria. But that is not what has happened. 611 cases have been docketed; some 200 are still pending, and the Commission goes out of business in another three years with the Court of Claims inheriting whatever is left. 194 of the Commission's cases have been appealed to the Court of Claims, 32 by the Government, 26 in cross-appeal, and of course each appeal adds some 12-18 months to the adjudication period. Upon some inquiry, I find that the Department of Justice's Indian Claims section is very diligent in defending the government's legal and financial interests in these cases, but rarely consults the Commissioner of Indian Affairs in this process, or the Solicitor of the Department of the Interior, in reviewing its litigating and its appellate options. Instead of an instrument for resolving these questions promptly, the Commission is being used as a battleground for technicians and the frequent appeals to the Court of Claims are dragging out the whole process. FORDO is LIBRARY 078870 A case in point of watershed dimensions is pending right now before Bob Bork -- the famous Sioux case involving violation of the Treaty of 1868. The Commission has determined a judgment amount but a recommendation has been made to appeal the "5th Amendment Taking" issue to the Court of Claims. We apparently are going to allege that a Court of Claims decision of 1942, (before the passage of the Claims Act) finished the matter when it in effect blessed the violation -- by the Congress -- of the Treaty of 1868 on the theory that Congress has plenary powers to do so, From various points of view -- equity, "fair and honorable dealings", sanctity of treaties, the purpose of the Claims Act itself -- this particular appeal and others like it should, I believe, be reviewed, especially in light of the President's own declaration on Indian affairs of July 8, 1970. Perhaps an informal consultative process could be instituted whereby Justice regularly touches base with the Commissioner or the Solicitor at Interior (who represent the United States' interest as trustee for the Indians) and arranges for an exchange of views about appellate strategy in this and similar claims cases. Actually my hope is that the general principle could be adhered to of not appealing Claims Commission judgments and decisions unless the Solicitor General considers that an egregious mistake has been made. Otherwise we may be in this claims business for another decade -- to the detriment of the Commission, the Court of Claims, the Indians and ourselves and contrary to the intent of Congress. I understand that under Jon Rose's direction you have a re-examination underway of Departmental structures and policies in the Indian area; you might add this area of issues to that agenda (with the note, however, that there is a deadline of August 12 for the Sioux appeal decision itself). When your internal exercise is at the right stage, I would be interested in hearing how it is coming along. Best, FORD is LIBRARY 969470 Leonard Garment Mr. Larry Silberman Deputy Attorney General Department of Justice Washington, D. C. bcc: Stan Pottinger Kent Frizzell CC: Mr. Bob Bork Morris Thompson Mr. Wallace Johnson July 15, 1974 MEMORANDUM FOR: PHOTO OFFICE FROM: LEONARD GARMENT SUBJECT: Prints of negative I would appreciate it if you would make five (5) prints of the attached negative number 14 which is of myself requested and Professor a copy. Wright (5"x8"). anumber of staff people have Many thanks for your cooperationly FORD : LIBRARY 076838 July 15, 1974 Dear Mr. Riblet: Thank you for your letter of June 24 and for your gracious and encouraging remarks. I have access to a copy of the tape 80 don't need additional copies but I appreciate your courtesy in offering one. We have done a great deal of work in Indian affairs in the past five years and while we have not solved all the problems Indians have, the pace of economic, educational and political strengthening of Indian life and government is considerably advanced over the years in the recent past. I am glad to have the materials about Mr. Hornstein and will bring them to the attention of Mr. Emory Johnson of the Indian Health Service in case there may be an opening in IHS for which Mr. Hornstein might be qualified and interested. Sincerely, R. GERALD FORD Leonard Garment Assistant to the President Mr. Don Riblet D142 Crossings Glassboro, New Jersey 08028 bcc: Emory Johnson (with incoming letter and personal qualifications statement for Mr. Hornstein) July 16, 1974 Dear Art: Thank you for your note about your interesting plan for the F Street houses. I hope it comes to pass. Sincerely, Leonard Garment Mr. Arthur F. Sampson Administrator General Services Administration Washington, D.C. 20405 GERALD LIBRARY R. FORD Bcc: Nancy Hanks Dana Mead July 17, 1974 TO: KATHY JENSEN FROM: LEN GARMENT SUBJECT: LOG NO. 423 Annual Report on Special International Exhibitions for FY '73 I have no objection to forwarding the subject report to the Congress. FORD is GERALD LIBRARY CF July 18, 1974 Dear Stuart: I received your notice about the seminar on submarginal lands on the 21st. I won't be able to be with you but want you to be sure to send me a copy of any resolutions, conclusions, or staff papers you develop, since we are very much interested in getting NCAI advice as we here try to sort out some of these lands questions. Sincerely, Bradley H. Patterson, Jr. Mr. Stuart Jamieson Director of Economic Development National Congress of American Indians Suite 312 1346 Connecticut Avenue, N.W. FORD & 078835 LIBRARY Washington, D.C. 20036 bcc: Martin Seneca (BIA) July 19, 1974 Dear Ms. Margan: I have received your resume for application for a position with the National Council on Indian Opportunity. The Council has recently been phased out of existence, with its duties as a Cabinet Committee planned to be assumed by another body. I would therefore suggest that you contact the Commissioner of the Bureau of Indian Affairs and resubmit your resume, which is enclosed. The Bureau is now under excellent new leadership and I am surethey would be interested in your capabilities, although their appointments are subject to the Indian preference statutes. If I can be of any further assistance, please contact me. Sincerely, R. GENERO 0803 LIBRARY Bradley H. Patterson, Jr. Ms. Michelle Joy Margan 714 414 Village Road Oradell, New Jersey 07649 July 19, 1974 MEMORANDUM FOR: MORRIS THOMPSON FROM: BRADLEY H. PATTERSON, Jr. SUBJECT: Civil Rights Commission 1973 Southwest Report I know this is a year old or more, but think that it would be very fitting as symbolic of your new leadership if you would respond to the Commission with comments on those recommendations which pertain to the Bureau, and comments insofar as you can make them on the other recommendations made (pages 57 and 58) which involve matters of which you have knowledge. Not a request, Morrie, but a suggestion; the Civil Rights Commission now has new leadership, too. FORD & LIBRARY 07V830 July 19, 1974 MEMORANDUM TO: BENJAMIN STEIN FROM: BRADLEY H. PATTERSON, Jr. SUBJECT: Tour and lecture for 40 high school students Today arrangements were made with Joyce Adams to reserve the Family Theater on August 13 from 9:30 a.m. to 10:30 a.m. -- for your presentation -- and after your lecture the B'Nai B'Rith group will join the public tour of the White House. (This will be a duplicate of the arrangements made for a similar group last year.) Would you obtain a list of the students and send it to the East Wing Reception Room? FORD & LIBRARY 038840 CC: Joyce Adams July 19, 1974 Dear Mrs. Fain: I have received your resume for application for a position with the National Council on Indian Opportunity, The Council has recently been phased out of existence, with its duties as a Cabinet Committee planned to be assumed by another body. I would therefore suggest that you contact the personnel division of the Bureau of Indian Affairs and resubmit your resume, which is enclosed. In looking over your resume it would appear that you have an extensive background in human resources related areas. I am certain that the BIA would be happy to consider your application, although positions there are subject to Indian preference. Sincerely, R. GERALD FORM Bradley H. Patterson, Jr. Mrs. Janet L. Fain 3300 Military Road N.W. Washington, D.C. 20015 July 19, 1974 MEMORANDUM TO: CHUCK LICHENSTEIN FROM: LEONARD GARMENT SUBJECT: Navajo-Hopi Bill -- Discussion with Chairman MacDonald Knowing what is probably Dean's home-state interest in this matter, I wanted you to know that on the 16th Brad and I met with Navajo Chairman Peter MacDonald at his request. He brought two of his attorneys with him and our session was one of my simply listening to Peter's exposition of the Navajo side of the controversy. Recognizing Peter's official capacity as the Chairman of the nation's largest tribe, I would always accord him an opportunity to be heard. (I would do the same with the Hopis if they asked.) Our substantive position on the bill has been hammered out with John Whitaker, Commissioner Thompson and Frank Zarb and is, basically, to support the Steiger-Owens bill but with some amendments which we will suggest to give maximum incentives to early (rather than last-ditch) moving away by the affected Navajo people and to specify a two-year breathing period in which Interior will develop a plan of relocation. We asked Tom Korologos to give us an estimate about Senate sentiment re this House-passed bill, and find that both sides of the aisle are pretty much in sympathy with the Steiger-Owens approach, including the entire Arizona delegation. I am aware that Senator Goldwater is strongly backing H.R. 10337. bcc: Norm Ross Bill Timmons FORD & GERALD LIBRARY July 19, 1974 Dear Arthur: Per our conversation. and with my deep appreciation for your time and graciousness. Sincerely, Bradley H. Patterson, Jr. Honorable Arthur S. Flemming Commissioner on Aging Mary Switzer Building Department of Health, Education & Welfare Washington, D.C. LIBRARY GERALD R. FORD Enclosures July 23, 1974 Dear Mr. Roessel: I have reviewed the various proposals of regulations dealing with the Johnson-O'Malley Act and I have found nothing to substantiate your belief that any Indian group other than those which are "federally recognized" will be eligible for funding. As you may know, three sets of regulations have been proposed at this time. They are 1) the original proposal submitted by Commissioner Thompson on January 2, 1974, as published in the Federal Register of January 14, 1974; 2) the proposal submitted by a coalition of Indian groups, commonly known as the "Red Regs", published on February 23, 1974; and 3) a LIBRATY GERALD ? FORD revised federal proposal submitted on June 26, 1974. The eligibility sections in all three proposals make it clear that only "federally recognized" tribes, bands or groups of Indians are eligible for Johnson-O'Malley funding. Proposal 1 defines "Indian" as "an individual who is a member of a tribe, band, or other organized group of Indians, including Alaska natives, which is recognized by the Secretary of the Interior as being eligible for Federal Services." Section 33.2 of this proposal states "Contracts may be entered into. for the education of Indian children of 1/4 or more degree Indian blood, unless excepted by law..." The "Red Regs" define "Indian" identically with the original federal proposal. Section 33.2 of the "Red Regs" states "Contracts may be entered into for the education of Indian children 11 again emphasizing the term "Indian" as defined. The most recent proposal also defines "Indian" identically with the original proposal, and then states in Section 33. 2(a) that the funds are to be used for the Education of Indian children. - 2 - Therefore, I think I can assure you that according to the three proposals of which I am aware, there is nothing to indicate that any persons other than "Indians" who are recignized by the Secretary of the Interior as being eligible for federal services will be eligible for Johnson-O'Malley funding. It was good to be with you a few weeks ago! Cordially, Bradley H. Patterson, Jr. Mr. Robert A. Roessel, Jr. Superintendent of Schools GERALD R. FORD LIBRARY Chinle Public Schools Box 587 Chinle, Arizona 86503 bcc: Mr. Clennon Sockey (BIA) July 24, 1974 Dear Peter: It was a pleasure to meet with you last week to discuss the settlement of the Navajo-Hopi joint land use area dispute. I was happy to have the opportunity to get a first-hand description of the situation from the Navajo point of view. Please understand that whatever the final outcome of the dispute may be, the White House fully understands your position. The Administration wishes to see the conflict solved in the manner which will cause as few hardships as possible to all concerned, while at the same time reaching a solution which is fair to all concerned. You can be assured that your views were relayed to all those in the Administration who have considered this matter and that they were taken into account. Again, thank you for meeting with me. If I can be of assistance in the future, please let me know. Sincerely, Leonard Garment Assistant to the President FORDS & GERALD LIBRARY Mr. Peter MacDonald Chairman, Navajo Nation Window Rock, Arizona 86515 July 26, 1974 MEMORANDUM FOR: THE PHOTO OFFICE FROM: BRADLEY H. PATTERSON, Jr. SUBJECT: Request for 35 millimeter slides It will be most helpful in a presentation being arranged for the Cabinet if we could receive a 35 milimeter slide of the Roosevelt Room and the Press Conference Room (room 450 in the EOB). Specifications: 1. Color. 2. The room be empty. R. 3. The picture be horizontal. UNITED DEOR 4. Bracket the exposure. 5. A picture (print) is not required but a LIGRARY 35 milimeter slide of each room is needed. Please send the slides to Room 182 if possible by Tuesday, July 30 midafternoon (or call ext. 2657 and we will come over and pick them up when ready). Thank you for your cooperation in this matter. July 26, 1974 MEMORANDUM FOR: THE VICE PRESIDENT FROM: LEONARD GARMENT ASSISTANT TO THE PRESIDENT SUBJECT: National Urban League -- Additional Background You will be the League's luncheon speaker next Monday. Sometime during that occasion, it is likely that the Urban League's Executive Director, Vernon Jordan, will bring up with you his concern that federal contracts with the National Urban League have fallen off. (He brought this up with me at a lunch recently and his associate followed it up with a letter -- Tab A). The high point for the Urban League came in December of 1970 when the President and his domestic Cabinet Officers met with Whitney Young and his Urban League colleagues. It was a most cordial and productive meeting: they discussed the unique ways in which the Urban League could assist the Federal Government, by contact, in operating and evaluating certain of our human resources programs. At the end the President directed the Departments to review all these possibilities. Whitney met the press afterwards (Tab B). TheyDepartments went to work and over $21 million worth of contracts were identified and committed to the Urban League. Whitney and the President talked on the telephone a month later to review progress. In the years since, as the letter in Tab A reminds us, the contracting has fallen off -- and the League is asking us to help get it back on track. There are good reasons why some of the contract money has shrunk. Manpower contracts have gone from $12 million to $5 million largely LIBRARY GERALD ? FORD - 2 - because our new approach is special revenue-sharing where local jurisdictions make their own decisions about signing manpower contracts with local League affiliates, rather than the money coming from Washington on a national basis to the League as a national organization. But with other agencies, the explanation is not as clear. I wanted you to know that I have promised Vernon to make a review of the specifics which he and his colleague Ron Brown have given me and will be in touch with him again when I have some answers. If asked, you should reaffirm this promise. Vernon might go further and ask you to convene the same kind of meeting which the President had in December bd 1970. If so, I recommend you promise to review that option carefully but not make a firm commitment at this time until we have had more of a chance to (a) complete this review (b) talk with each other and (c) talk with the affected Departments. In any event, it is clear -- as Brown's letter shows -- that given the size of the decline in Federal support, there is a distinct danger to the life or at least to the vitality of one of the country's most important minority institutions. And this is a serious matter. FORD LIBRARY s 038870 July 29, 1974 MEMORANDUM FOR: ANNE ARMSTRONG FROM: LEONARD GARMENT SUBJECT: Bicentennial Press Project I wanted to be sure that you saw Aram Bakshian's memorandum of July 11. I would hope that you would give John Warner your endorsement of this idea; it is certainly consistent with the other major media project he is working on. FORD i 076835 LIBRARY July 29, 1974 Dear Carl: As you leave the Department of Justice to pursue further graduate studies in England, I want to tell you personally how much it will be our loss that you go. In federal courtrooms, on Reservations, and as Head of the new Office of Indian Rights, you have been a pioneer in strengthening the President's policy of more effectively ensuring justice for Indian people. Neither the Department of Justice nor the Federal Government will be the same again for your having been here as our colleague. I want to congratulate you on your past outstanding work confident that ahead of you lies a splended and constructive career. Sincerely, FORD is LIBRARY 01VH39 Leonard Garment Assistant to the President Mr. Carl Stolber Office of Indian Rights Department of Justice Washington, D.C. CCI The Attorney General July 29. 1974 MEMORANDUM FOR: THE VICE PRESIDENT FROM: LEONARD GARMENT ASSISTANT TO THE PRESIDENT SUBJECT: White House briefing for the Cabinet on the Federal Design Improvement Program As indicated in attachment A, I have invited the Cabinet officers and their designated Agency Liaison officers to the White House on July 31 at 10:00 a. m. for a 45 minute briefing on the Federal Design Improvement Program. This four-part program, which was initiated by the President in May 1972, has made significant progress in the last two years. The briefing will provide an opportunity to review this progress with the Cabinet members and to enlist the involvement of their agencies to keep the program's momentum, The Federal Government is the nation's largest client of design services. The President has stated that he believes the Government has an important and critical role in encouraging design excellence in Federal buildings, offices, publications and graphics. The Federal Design Improvement Program's objectives are to: 1) make Federal administrators more aware of how to use design as a management tool; 2) improve the selection procedures of architects for Federal buildings; 3) improve the graphic design of Federal publications; and 4) recruit talented design professionals to Federal service. I hope you will be able to attend all or part of this briefing to learn more about substantial contributions Federal agencies are making to design excellence. FORD is LIBRARY - 2 - A schedule proposal has already gone to the President, and I hope that he will be able to attend a portion of the briefing. I am enclosing a folder containing information relevant to the July 31 briefing. Of particular interest to you will be a progress report of the Design Program's accomplishments from Nancy Hanks, Chairman of the National Endowment for the Arts (the agency the President has asked to coordinate the program). If your schedule should be committed for Wednesday morning, an alternate occasion for your joining us would be 2:30 p.m. that same day, when Agency Heads will receive the same briefing in Room 450 of the Executive Office Building. A word from you would of course be extremely helpful to this worthwhile effort. FORD j LIBRARY July 29, 1974 MEMORANDUM FOR: JOHN WARNER FROM: LEONARD GARMENT ASSISTANT TO THE PRESIDENT SUBJECT: Meeting with Oscar Cohen Oscar Cohen is the Director of the National Programs Department of B'nai B'rith at the Headquarters in New York. He has discussed an idea he has for the Bicentennial with some of your staff in New York and would like at this time to come to Washington to discuss it further with you. If involves preparation of a film on how America has attracted people into our country from all over the world. Oscar would like very much to meet with you on August 5, 6, 14, 15 or 16. If Aggust 5 could be chosen, Dave Brody, the principal B'nai B'rith Washington representative would also attend. it FORD I hope your schedule would permit an August 5 GERALD meeting with Mr. Cohen and suggest your office be in direct touch with Mr. Brody here in Washington; his telephone is EX3-5288.

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    "ocrText": "The original documents are located in Box 1, folder \"Correspondence, July 1974\" of the\nBradley H. Patterson Files at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nDigitized from Box 1 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library\nJuly 1, 1974\nDear Bill:\nKnowing of NTCA's considerable current interest\nin the defense and preservation of Indian cultural\nlife, I thought you would like a copy of a bill the\nPresident signed recently which certainly has a\nbearing on that subject.\nCordially,\nBradley H. Patterson, Jr.\nMr. William Youpee\nExecutive Director\nNational Tribal Chairmen's Association\nFORD is LIBRARY 07WN70\n1701 Pennsylvania Avenue, N.W.\nSuite 406\nWashington, D.C. 20006\nEnclosure (we sent Public Law 93-291, 93rd Congress, S. 514,\nMay 24, 1974)\nJuly 3. 1974\nDear Mrs. Klein:\nI appreciated the opportunity to talk at length with you and\nMr. Crawford yesterday and to hear your views about the\nproblems in ascertaining the outcome of the vote on the\n13th Alaska Region under the Alaska Native Claims Act.\nThis is to confirm the advice I gave you on the telephone this\nmorning (after talking with the responsible Interior and Justice\nofficials). The course of action which I believe you hould\nfollow is to respond to the Court's invitation and submit to the\nCourt promptly every piece of evidence in your possession\nwhich might substantiate your challenge to the latest computer\nprint-out of the vote-outcome. You indicated to me that you\nhave a good deal of such evidence; now is your chance in Court\nto make full use of it. Personally I don't think you should hold\nany of it back merely on any grounds that it might embarrass\nanyone; if there have been any mistakes or, worse yet, conceivably\nany manipulation or improprieties, these should all be brought\nout and substantiated if there is in fact evidence to support this.\nOur position is to abide by the law strictly; if the vote-count is\nfinally conclusively in favor of the new Region, it must be\nestablished; if it is not, it won't be, as I read Section 7(c).\nThank you again for giving me your views so candidly and I\nhope you will keep me informed as to how the Court suit comes\nalong.\nSincerely yours,\nBradley H. Patterson, Jr.\nFORD is LIBRARY GENALD\nMrs. Helen Marie Klein\n215 Loyola Drive\nMillbae, California\nbcc: Charles Soller, Interior (Solicitor's Office)\nMr. Pittle, Lands Division, Justice\nRita Hauser, New York\nCommissioner Thompson\nJuly 3, 1974\nDear Mr. Wright:\nThank you for writing to me on April 15 and for sending me\ncopies of articles from the New York Times and other\nnewspapers.\nAs Bradley Patterson of this office explained to you, my reply\nto your letter has been delayed since I have been abroad.\nYour statement that changes are needed in the tax laws as\nthey affect artists is supported by many authorities. As you\nknow, several bills are now before the Congress relating to\nthe tax consequences of charitable contributions by creative\nartists of their works. In addition to providing equitable\ntreatment of artists who donate their own works to tax-exempt\ninstitutions, the legislation under consideration is directed,\nin many instances, to encouraging donations of art works and\nsimilar properties to museums, libraries, universities and\nother institutions. These donations, as you know, have apparently\ndeclined since the enactment of the 1969 Tax Reform Act.\nThe National Endowment for the Arts and its advisory body, the\nNational Council on the Arts, are charged with primary respon-\nsibility for formulating the policies of the Federal government as they\nrelate to the arts. To the best of my knowledge, the Chairman of\nthe Endowment, Miss Nancy Hanks, has not as yet been asked to\ntestify on pending tax legislation as it relates to American\nartists. However, the Counsel of the Endowment, Robert Wade,\nhas kept in touch with Congressional developments. It may\nbe that you will want to get in touch with Mr. Wade to determine\nwhich bills are scheduled for hearings. You might then write\nFORD & LIBRARY 03RALD\n- 2 -\nto the appropriate Committee chairmen suggesting that the\nartists and spokesmen for artists be permitted to submit\ntheir views.\nI have read with interest the articles which you sent to me.\nI should note that Endowment funds were not involved in\nthe mural painted in the office of the D.C. Bicentennial\nCommission.\nThank you for your interest.\nSincerely,\nLeonard Garment\nAssistant to the President\nMr. Frank C. Wright, President\nCouncil of American Artist Societies, Inc.\n112 East 19th Street\nNew York, New York 10003\nGERALD R. LIGRABY FORD\nJuly 3, 1974\nDear Mr. Bad Wound:\nThis is in reply to your letter to the President dated June 5, 1974,\nwhich requested his assistance with regard to the killing of your\nson, James Bad Wound, Jr.\nIn examining the conviction of Albert Six Feathers, Jr. for the\nshooting of your son, I must inform you that the Federal Government\nis precluded from any additional prosecution of Albert Six Feathers,\nJr. with respect to this incident. The Fifth Amendment of the\nUnited States Constitution prohibits any person from being placed\nin jeopardy twice for the same offense. As you know, Albert Six\nFeathers, Jr. plead guilty to involuntary manslaughter on July 27,\n1973 and was sentenced to three years imprisonment with two-and-\none-half years of that sentence suspended; provided that he serve\nsix months actual time in confinement. In addition, Mr. Six\nFeathers was placed on probation for five years.\nThe decision by the United States Attorney's Office to dismiss\nthe second-degree murder indictment after the federal district\ncourt accepted a guilty plea to the lesser charge of involuntary\nmanslaughter was reached after evaluating all of the evidence\nin the case and determining what kind of prosecution the evidence\nwould support. Apparently, in the best judgment of the United\nStates Attorney's Office, the evidence did not strongly support\na second degree murder conviction. Through negotiation, the\nUnited States was able to obtain the defendant's guilty plea to\ninvoluntary manslaughter.\nAs you must realize, a Federal prosecutor, in determining how\nto best deal with a criminal case, must weigh many variables,\nincluding the nature of the evidence, the reliability of witnesses\nand the credibility to a jury, the possible sentences which could\nbe imposed by the court on different charges, the general background\nFORD LIBRARY is\n- 4 -\nand reputation of the accused and the victim, and many other\nfactors. In the instance of Albert Six Feathers, Jr., the\nFederal prosecutor determined that under the circumstances\na guilty plea to involuntary manslaughter was preferrable to\ntrial of a second degree murder charge in which the jury might\nacquit the accused or where the court might exercise its\ndiscretion to impose a minimum sentence, even if a conviction\nresulted. The maximum prison term for involuntary manslaughter\nis three years; the term for second degree murder is for any term\nof year up to life imprisonment. It is conceivable that a conviction\nfor second degree murder would not have resulted in a sentence\nany greater than the maximum term for involuntary manslaughter.\nThis matter, concerning your son's death, was also thoroughly\nreviewed by the Office of Indian Rights of the Civil Rights Division\nto determine whether the United States Attorney's Office abused\nits prosecutive discretion in the matter. That Office concluded\nthat the prosecutor acted within the limits of his discretion.\nBecause no further judicial or administration action is possible\nwith reppect to your complaint, I can only add my sympathy for\nthe loss of your son and assure you of my continued efforts to\nsecure equal justice under the law for Native Americans.\nSincerely,\nBradley H. Patterson, Jr.\nMr. James Bad Wound\nAllen, South Dakota 57714\nFORD & LIBRARY 078839\nJuly 5, 1974\nDear W. J.:\nI appreciated getting your letter of the 13th and wanted to comment\nfurther especially in the light of a new development which will\nbe of interest to you.\nOn June 7, quite coincidentally the day after we talked, the\nActing Deputy Commissioner of Indian Affairs signed a response\nto the Chairman of the Senate Committee on Interior and Insular\nAffairs -- a response long in preparation. The subject is rec-\nognition policy.\nAs I read Mr. Butler's letter, (which I had not seen before now)\nI would conclude that tribes such as those in CENA who are\nseeking recognition should address themselves to the Secretary\nof the Interior or to the legislature, and not to the Courts which,\naccording to Cohen, tend to regard recognition as a political\nrather than a juridical question.\nWhether any tribes in CENA, heretofore not recognized by the\nFederal Government, fit the general standards which are quoted\nfrom Cohen on the last page of Mr. Butler's letter is of course\nsomething which you, they and the Secretary or their congressional\nrepresentatives would have to consider.\nI would assume you will want to pursue this matter informally\nwith such responsible officers as Commissioner Thompson and\nReid Chambers of the Solicitor's staff.\nThe Bureau's letter of June 7, and such discussions, would be\nmore authoritative than the informal comments I made June 6.\nCordially,\nBradley H. Patterson, Jr.\nMr. W. J. Strickland\nExecutive Administrative Director\nCoalition of Eastern Native Americans, Inc.\nFORD :- LIBRARY GERALD\n927 15th Street\nWashington, D.C. 20005\nJuly 5, 1974\nDear Mr. Meyer:\nIn reference to your letter to the National Council on\nIndian Opportunity of June 6, the NCIO was phased out\nat the end of the last Fiscal Year. NCIO News had not\nbeen published for some time.\nI am sure you have a readership at Amerika Haus\ninterested in American Indian affairs and I will send\nyour note to Commissioner Thompson of the Bureau of\nIndian Affairs so that Amerika Haus will be included\non the list of any publications of BIA. Meanwhile I\nenclose a couple of items which will be of interest to\nreaders concerned with American Indians.\nWe expect that other internal and external mechanisms\nwill take NCIO's place but are discussing this matter\nwith the leaders of the American Indian community\nbefore we create new machinery affecting their interests.\nCordially,\nBradley H. Patterson, Jr.\nMr. James L. Meyer, Director\nAmerica House\nFORD & LIBRARY 038870\nc/o AmConGen\nAPO New York 09154\nEnclosures\nbcc: Morrie Thompson\n(the enclosures we sent were the following:\nCivil Rights Digest (Fall 1973)\ndncoming sent ltr\nPresident's 1970 Message\nPresident's statements on Havasupai and Indian\nFinancing Act\nMr. Leonard Garment's Albuquerque speech\nJuly 5, 1974\nDear Jim:\nFay Karson of BookTape Productions, Inc. has\ninformed my office about the issue which has\narisen between her and VOA over whether her\nBookTape materials could be used by VOA in\nmaking its own new States Salutes tapes. She\nis appealing to you on this score.\nI don't want to get into this issue, especially\nsince it involves technical and research judgments,\nbut wanted you to know about it and trust that you\nwill review the matter with your usual acuteness.\nCordially,\nLeonard Garment\nAssistant to the President\nMr. Jim Keogh, Director\nUSIA\n1776 Pennsylvania Avenue, N.W.\nWashington, D.C. 20547\nFORD is LIBRARY GERALD\nJuly 5, 1974\nHARRIS\nDear LaDonna:\nI appreciate having the opportunity to talk with you and George\nCrossland the other day and want to thank you and George for\nthe thoughtful and challenging letter of the 24th.\nThis will serve as an interim response to the points in your\nletter which I propose to follow up with a more detailed\nanswer incorporating comments from Commissioner Thompson\nand Frank Zarb.\n(1) I am very much \"from Missouri\" on your first point.\nI believe that Assistant Secretary level officials with whom\nthis office has direct contact in Indian Affairs are committed\nto carrying out the principles of the President's Message.\nMorrie Thompson, Frank Zarb, Bill Kolberg, Stan Thomas,\nSheldon Lubar, Bill Blunt, Stan Pottinger, Harry Sachse -- I\ncan't even name them all -- are all officers who are sensitive\nto Indian concerns and who have taken initiatives toward having\nthe President's Indian policies observed and implemented. That\ndoesn't mean an automatic reaction that everything any Indian\nspokesman asks for is justified, but it does mean a commitment\nto look seriously at proposals made by responsible Indian leaders.\nThere are monitoring procedures, not only in this office, but also\nin OMB and BIA, to hear complaints about program implementation,\nand to ask questions in the Executive Branch to find out if the\nbureaucracy is not performing. This office has played this role\nfrequently in the past five years (a recent example, the Critzer case).\nThe conference you sponsored in April, the petition to the President,\nthe questions and answers you and we put together in the interim,\nthe dialogue between Indians and federal officials June 6 -- are\nanother example of monitorship being called into action. Frank\nZarb and Anne Ramsey, as you know, took particularly helpful\ninitiatives with that June conference.\nFORD is LIBRARY GERALD\n- 2 -\nWhile Brad and I are here to continue that monitorship any\ntime you or other Indian leaders want to call on us, I would\nrecommend that a first approach should always be made by\nIndian leaders directly to the responsible Assistant Secretary\nin the Department affected; then let us know if such first\ndiscussions don't produce results.\n(2) When the Administration sent up its Tribal Development\nGrant Act a year ago, I think it was on the assumption that the\nexpert staff of EDA which has for several years taken the lead\nin this program within the Department of Commerce, would\naccompany the program to BIA, so the lack of expertise to\nwhich you refer would be thus corrected. I understand and\nappreciate the cogent point you have made that since the agenda\nand thrust of the Department of Commerce is toward economic\ndevelopment, responsibility for the Indian economic development\nprogram should more appropriately remain there. The other\nside of the coin, however, is that there is a need for coordination\nbetween resource rights protection, resource development\nfinancing and credit, and economic development. It was to\nstrengthen the possibilities for such coordination that we proposed\nthe new Grant Act in BIA, in effect a switchover from Commerce.\n1 will ask Morrie Thompson to comment further on this matter; it\nseems at least quite conseivable that Interior generally and BIA in\nparticular could be so strengthened by this new authority, by the\nEDA staff transferring, and by the new people who are coming on\nboard in BLA, that your objections would be largely met. Let\nus see what Commissioner Thompson has to say about it.\n(3) Your query here is very well taken; I agree with it.\nEconomic development and manpower assistance should be planned\ntogether in such a manner that Indian young people will always\nhave the option of business and professional opportunities on\nReservations, and not see cityward migration as their only real\nalternative. If in the future you see instances where this\nprinciple is not being followed, let me know. But I also think\nthat the size of our commitment to Indian economic development\nis going steadily upward: $156.4 million spent in the last seven\nyears by EDA, $2.6 million in FY 1974 by OMB, the new Indian\nFinancing Act signed and the FY 1975 Budget just amended to\nFORD i LIBRARY\n- 3 -\nprovide for $80,000,000 to implement it: these are not the whole\nnor the final answer but the trend-line they establish is far ahead\nof anything in Indian economic development in preceding years.\n(4) Through an oversight, the group of answers for the\nJune 6 conference did not include the answer from BIA on how,\nin administering any new economic development authorities, they\nwould meet the point you raise here. That answer is:\n\"With or without the new Act, we believe that it\nis generally preferable for a tribe to develop its\nown resources and enterprises rather than leasing\nresources and facilities to others. Although we\nwould so encourage tribes and provide them with\nwhatever assistance we can, the tribes must make\nthe decision whether to 'do it themselves', go\njoint venture, or even to lease. Subject to comments\nof the tribes, we may include a priority to the\ngranting of funds to tribes who are going to 'do it\nthemselves.\n(5) Not being any expert on irrigation projects, I will ask\nMorris Thompson, on behalf of the Department of the Interior,\nto comment on your fifth point. I do know that both Interior and\nJustice, like ourselves, are committed to protect Indian natural\nresources rights; our joint role in the briefs for the US V Washington\ndecision should be remembered if any confirmation is needed. But\nyou are right when you point out that geologic and hydrologic studies\nare the sources of the data needed for the future protection especially\nof water rights; I will ask Commissioner Thompson to comment\nfurther on his assessment of Interior's entire program on this front.\n(6) As Brad and I explained when we met, the Administration\nis quite prepared to consider proposing to Congress the establishment\nof an independent agency for Indian affairs (outside of both the\nDepartment of the Interior and of the Executive Office of the President)\nbut only if Indian leaders from all the responsible Indian organizations\nreally express a clear interest in this option. We would want opinions\nfrom NTCA and NCAI before we made any moves in that direction;\nFORD is LIBRANY\n- 4 -\nabsent an Indian leadership consensus, such a move by us\nwould result in our being charged with undercutting BIA and\nprobably with being \"terminationist\" to boot.\nIf AIO, NTCA and NCAI all asked us, I think we, OMB and\nBIA would probably be willing to help work up the outline of\nan option paper on this matter for discussion in the Indian\ncommunity, but the whole move must be a matter of Indian\ninitiative, and genuinely so.\nIn closing, I want to associate myself with what you and George\nwere pointing out to us about the whole Indian natural resources\npicture: the likelihood that growing national pressure for the\nexploitation of all our energy resources could, if pushed headlong,\nadversely impact on Indian rights. The task we face is, it\nseems to me, difficult but solvable: to reconcile resource\ndevelopment needs with Indian economic development needs, with\nIndian cultural and environmental protection, and with the strengthening\nof Indian tribal government.\nEven here, there are good signs; the advent of Martin Seneca\nas the BIA's senior officer for trust responsibilities, the drafting\nof NARF's new paper \"Declaration of Indian Rights to the Natural\nResources in the Northern Great Plains States\" and NTCA's new\ncontract with the American Indian Bar Association for studies of\nIndian natural resources rights protection.\nWe will work cooperatively with all these initiatives, and with you,\nin achieving that reconciliation which I described above. I hope you\nwill share these exchanges of letters with Chuck Triamble and\nBill Youpee.\nWith warm personal regards to you and George,\nSincerely,\nFORD is LIBRARY 9ERVLD\nLeonard Garment\nAssistant to the President\nMrs. LaDonna Harris\nPresident, AIO Action Council\n1820 Jefferson Place\nWashington, D. C.\nCCI Morris Thompson\nFrank Zarb\nBill Blunt Commerce\nKent Frizzell\nJuly 8, 1974\nDear Mr. Shober:\nThank you for your gracious note of the 3rd.\nIt was a pleasure for me, also, to speak to the\nBrookings group; yours was the tenth of a series.\nIt is good, I believe, for us in government to face\nan exchange of dialogue and questions from such\ninterested and experienced persons as yourself\nand the group of which you were a member.\nIt would be a genuine pleasure to visit with you\nat Hahnemann, and I will put your letter close\nby in case a trip comes up which could include\nPhiladelphia.\nCordially,\nBradley H. Patterson, Jr.\nMr. Wharton Shober\nThe Hahnemann Medical College &\nHospital of Philadelphia\n230 North Broad Street\nPhiladelphia, Pennsylvania 19102\nFORD & LIBRARY GERALD\nCF\nJuly 9, 1974\nDear Ms. Lafky:\nCarl Stoiber has forwarded to me your letter of\nMay 27 and the resolution of the La Crosse\nCounty Democratic Party.\nWe have a completely open mind about the possibility\nof giving the Bureau of Indian Affairs an independent\nagency status, but I would urge your good friends\nand fellow citizens of La Crosse County to check that\nresolution and, evan more, the other two which you\nhave endorsed, with either of the responsible\nnational Indian organizations: the National Tribal\nChairman's Association or the National Congress\nof American Indians. The sentiments expressed\nabout the Indian Reorganization Act, for instance,\nare not at all representative of responsible, bipartisan,\nprogressive Indian leadership thinking -- and it is\nthese progressive leaders with whom we should all\nwork most closely and to whose views we should\ngive the most weight.\nSincerely,\nFORD LIBRARY s GERALD\nBradley H. Patterson, Jr.\nMs. Ann L. Lafky\n1107 Caledonia Street\nLa Crosse, Wisconsin 54601\nJuly 9, 1974\nMEMORANDUM FOR:\nNORMAN ROSS\nFROM:\nLEONARD GARMENT\nASSISTANT TO THE PRESIDENT\nSUBJECT:\nDomestic Council Committee\non Indian Affairs\nAs you suggested, Brad has consulted with John Whitaker and\nFrank Carlucci about the formation of this Subcommittee.\nJohn concurs orally and Frank in writing (attached) with the\nproposed draft memorandum for your signature which would\nestablish the Council Subcommittee. So do I.\nFrank Zarb is away until Friday; OMB concurs in the establishment\nof the Subcommittee but in Frank's absence has not had a chance\nto come up with any comments on the draft memorandum.\nBill Casselman, as you know, supports the establishment of the\nSubcommittee; he is away today and if he has any comments on\nthe memorandum of establishment, Brad expects to hear from\nhim tomorrow morning.\nRecognizing that the Indian community needs a full and clear\nexplanation of what we are doing (and what we are not doing),\nBrad has drafted a letter which I recommend Ken also sign when\nhe signs the memorandum to Cabinet officers. The letter is on\nthe long side, but it is essential to send this kind of communication\naround widely; otherwise the whole action is likely to be thisunderstood.\nBrad has delivered a copy of the draft letter to Casselman's office\nand if you would need a formal clearance of it with Whitaker or\nothers, let Brad know.\nFORD is LIBRARY 938839\nHEALTHS\nEDUCA\nDEPARTMENT CETTIN\nE\nTHE UNDER SECRETARY OF HEALTH, EDUCATION, AND WELFARE\nWASHINGTON, D.C. 20201\nuse\nJUL 8 1974\nMEMORANDUM FOR BRAD PATTERSON\nI have reviewed your May 30 draft memorandum concerning\nthe National Council on Indian Opportunity and concur in\nthe recommendation to establish a Domestic Council Committee\non Indian Affairs.\nI am looking forward to this Department's active participation\nin the work of this very important committee.\nJack Frank Carlucci\nUnder Secretary\nGERALD\nFORD i LIBRARY\nDRAFT\nMEMORANDUM FOR:\nTHE VICE PRESIDENT\nSECRETARY OF DEFENSE\nATTORNEY GENERAL\nSECRETARY OF THE INTERIOR\nSECRETARY OF AGRICULTURE\nSECRETARY OF COMMERCE\nSECRETARY OF LABOR\nSECRETARY OF HEALTH, EDUCATION\nAND WELFARE\nSECRETARY OF HOUSING AND URBAN\nDEVELOPMENT\nDIRECTOR OF THE OFFICE OF\nMANAGEMENT AND BUDGET\nADMINISTRATOR, SMALL BUSINESS\nADMINISTRATION\nFROM:\nKENNETH R. COLE, Jr.\nASSISTANT TO THE PRESIDENT FOR\nDOMESTIC AFFAIRS\nSUBJECT:\nDomestic Council Committee on Indian\nAffairs\nThe President has directed that a new Domestic Council Committee\non Indian Affairs be established, to fulfill the internal policy\ncoordination function heretofore assigned to the National Council\non Indian Opportunity. The Secretaries of Interior and of Health,\nEducation and Welfare are hereby designated Co-Chairmen. The\nmembers of the Committee are as follows:\nAttorney General\nSecretary of the Interior\nGERALD 8.1080 B'\nSecretary of Agriculture\nSecretary of Commerce\nSecretary of Labor\nSecretary of Health, Education and Welfare\nSecretary of Housing and Urban Development\nDirector of the Office of Management and Budget\nThe Heads of other Departments and Agencies with programs involving\nAmerican Indians may be invited as ad hoc members for specific questions.\n-2-\nThe Committee is charged with (a) examining policy questions which\nmay arise in the implementation of the President's Message of\nJuly 8, 1970, including such questions as the scope of tribal\nsovereignty, eligibility for federal recognition, criteria for restoration\nor conveyance of lands into trust, effect and application of the\nIndian Civil Rights Act and meeting the special needs of urban and\nnon-federally-recognized Indians; (b) ensuring coordination among\nfederal agency programs which affect Indians (regardless of where\nthey live), and (c) 20 result of (a) or developing recommendations\nfor\nadditional legislative or administrative initiatives which the\nPresident should take in these or related areas.\nIt is important, of course, that prior to their internal deliberations\nwithin the Committee, members actively seek the advice and views of\naffected Indian groups and their leadership. Until such time as the\nIndian leadership develops other consultative mechanisms, Committee\nmembers should consult with the National Tribal Chairmans' Association\nand with the National Congress of American Indians on matters affecting\nfederally-recognized tribes and with NCAI, the Coalition of Eastern\nNative Americans and other constituent-based organizations on matters\naffecting urban and non-federally-recognized Indians.\nCC: Secretary of the Treasury\nSecretary of Transportation\nCounsellor Dean Burch\nFORD & LIBRARY GERALD\nAdministrator, Environmental Protection Agency\nAdministrator, General Services Administration\nDRAFT LETTER\n7-9-74\nDear Mr. Tonasket\nGovernor Lewis\nEver since his Message of July 8, 1970, the President has\nhad a personal interest and commitment in changing the past\ndirection of Indian policy and in making available to Indian people\nnew opportunities and new resources. Besides his legislative\nprogram, the President has supported measures across the board\nin his Executive Branch to defend Indian natural resources rights,\nto restore lands wrongfully taken in the past, to ensure that Indian\ntribal governments are included in such new programs as the\nmanpower act, and to support tribal self-determination.\nMeasures and actions of this sort, however, are not a\none-shot affair, but represent a continuing process: of examining\nproblems and issues, of reviewing alternative options thoughtfully.\nNew issues are always arising, and the judgment and resources\nof several agencies, including but going beyond the Departments\nFORD LIBRARY is 078\nof the Interior and Health, Education and Welfare, are called upon,\nLooking at these issues and developing positions about them\nfor the President, not only requires program leadership on the part\nof the various agencies and but especially requires coordination\namong those agencies, since Indian people are not well served if\none Department's policies negates what another is supporting.\n= 6 -\nwithin the Executive Branch it has long been the President\nthe at\nTaking the lead in trying to ensure coordination in\npolicy development have been the Vice President's office,\nLeonard Garment's office, and the Office of Management and\nBudget.\nThe Vice President's contribution has in the past been\nthrough the National Council on Indian Opportunity, a combined\nCabinet Committee and Indian leadership advisory group set up by the\nprevious President. The Indian members of the advisory group,\nand the NCIO staff devoted a great deal of attention and time to\nthe matters before them and for this they have earned the respect\nand appreciation of us all. But as a Cabinet Committee, dealing\nwith the kinds of Interagency problems I referred to earlier, the\nNCIO really did not function.\nMr. Garment and Mr. Patterson have filled this program\nmonitorship and coordination role on an ad hoc basis.\nOMB, especially in recent months under Mr. Zarb's\nleadership, has made substantial contributions toward ensuring\nthat the Executive Branch agencies work together in implementing\nthe President's Indian program.\nBut all these efforts can be improved. For policy development\nwithin the Executive Branch it has long been the President's\npreference to have the responsible agencies brought together at\n- 3 -\ntheir senior levels. He does this at his level through the Domestic\nCouncil, of which Cabinet officers are the members and the\nVice President is Vice Chairman. To permit concentration on\ncertain particular areas of domestic policy development, the\nPresident has directed the establishment of some\nDomestic\nCouncil subcommittees, such as those on Privacy, Environmental\nResources, Community Development, Health Insurance, Income\nSecurity and Drug Abuse.\nA Domestic Council staff officer works with each of these\nsubcommittees and from the Departments, their Heads and\nappropriate Assistant Secretaries form their membership.\nIt is in order to strengthen our capacity to handle Indian\npolicy matters and in order to maintain and accelerate the\nFORD LIBRARY is GERALD\nmomentum begun by the President in this area four years ago,\nthat the President has today decided to form a new Domestic Council\nSubcommittee on Indian Affairs. I enclose a copy of the memorandum\nwhich I have signed at his direction.\nAs my memorandum states, there will be two co-Chairmen\nof this new Subcommittee: Secretary Morton and Secretary Weinberger.\nAt the working level will be Assistant Secretaries such as, for\nexample, Commissioner of Indian Affairs Morris Thompson.\n- 4 -\nThe Domestic Council staff officer who will be assisting\nthis new Subcommittee will be\n[insert a couple of sentences about this officer\nand his experience/qualifications in Indian affairs]\nI wish to stress one final point. The Domestic Council\nand its Subcommittees of course are \"in-house\" bodies, made up\nonly of Cabinet Officers and their policy assistants. But whether\nor\nthe subject is Health Insurance of Indian Affairs, those same\nCabinet and Sub-Cabinet officers cannot participate usefully or\nwisely in Domestic Council or Subcommittee meetings unless and\nuntil they themselves have carried on wide-ranging consultation with\nresponsible non-governmental groups which in turn represent\nthousands of affected and interested citizens.\nA few months ago, Vice President Ford, in explaining why\nthe NCIO was going to be phased out, proposed for Indian consideration,\nthe establishment of two new Indian consultative groups, one from\nthe leadership of the federally-recognized tribes and one from the\nleadership of the non-federally-recognized Indian groups. As I\nunderstand it, the Indian community has had some doubts about\nthe advisability of establishing one or both of these new consultative\nbodies. In view of these doubts, we propose to defer any such move\nuntil you and your associates give us more definitive and hopefully\n- 4 -\nagreed . -- views. Pending that time, you will note the instructions\nI have included to the Cabinet Departments in the final paragraph\nof the attached memorandum.\nI apologize for the length of this letter but wanted you and\nthe members of your organization to have a personal word from\nme about this new Subcommittee and to have the commitment\nwhich I make to you again: the members of this Subcommittee\nwill be seeking out Indian advice from you and your colleagues\nand will draw upon that advice and counsel as together we keep\non in the direction the President has pointed: to improve the life\nof Indian people of this nation.\nSincerely,\nKenneth R. Cole, Jr.\nAssistant to the President\nfor Domestic Affairs\n1072 LIBRARY is 079575\nEnclosure: Memorandum for Cabinet Officers\nCC: LaDonna Harris, AIO\nAmerican Indian Press Association\nAddressees of the Memorandum for Cabinet Members\nJuly 8, 1974\nDear Mr. Castle:\nThank you for your kind note of the 1st. It was a\npleasure for me, also, to speak to the Brookings\ngroup; yours was the tenth of a series. It is good\nfor us in government to face an exchange of dialogue\nand questions from such interested and experienced\npersons as your grupp.\nI appreciate knowing about your interest and obvious\ncapabilities in the computer science field and will\nkeep this information on tap in case it fits with a\nrequirement which comes to my attention.\nCordially,\nBradley H. Patterson, Jr.\nMr. J. C. Castle, General Manager\nFORD 2 LIBRARY GERALD\nGeneral Electric Company\n401 N, Washington Street\nRockville, Maryland 20850\nJuly 10, 1974\nMEMORANDUM FOR:\nJERRY JONES\nFROM:\nBRAD PATTERSON\nSUBJECT:\nStorage File Boxes\nWould you please send two (2) storage file boxes to\nroom 182 OEOB. We have quite a few files to be\nsent to Central Files for storage.\nFORDO i LIBRARY GERALD\nJuly 10, 1974\nDear Mrs. Fountaine:\nWe have received your letter requesting assistance\nin returning the body of your brother, Frank Clear,\nto the burial plot arranged for by your father in\nWaynesboro, Virginia.\nI regret to inform you that there is no provision\nunder law which permits the federal government\nto pay for the retransport of a body to a final\nresting place following its original interment. The\nonly exception to this policy is the case in which\nthe individual dies while a patient at a Veteran's\nhospital. In such an instance a body may be\ndisinterred, retransported, and reburied at the\nfamily's request.\nMay I offer condolences to you and your family in\nthis situation.\nSincerely,\nBradley H. Patterson, Jr.\nGERALD R ANVERT FORD\nMrs. Richard Fountaine\n844 Woodson Avenue\nWaynesboro, Virginia 29980\n(File to Dennis Ickes, DOJ)\nCF\nJuly 10, 1974\nDear Mrs. Hadkarni:\nI am in receipt of your enclosed request for a\ntranscript from the National Council on Indian\nOpportunity.\nThe Council has recently been phased out of\nexistence, to be replaced by a similar body in\nthe near future. Its records have been sent to\nthe National Archives.\nI suggest that you contact the National Archives\nof the United States to obtain the transcript\nrequested. I hope that this will be of assistance\nto you, and are returning the green card in case\nyou need to re-use it.\nSincerely,\nBradley H. Patterson, Jr.\nMrs. Meena Nadkarni\nHead, Acquisitions Department\nYork University Law Library\n4700 Keele Street\nDownsview, Ontario, Canada\nAdvernment Documents\nm3J 2RS\nFORD LIBRARY is GERALD\nJuly 12, 1974\nMEMORANDUM FOR:\nTOM KOROLOGOS\nFROM:\nLEONARD GARMENT\nSUBJECT:\nH.R. 10337 in the Senate\n(the Navajo-Hopi Bill)\nFrank Zarb and I would appreciate it if you would get an estimate\nfor us of the way the Senate is likely to go on this House-passed\nbill.\nThe bill will authorize the District Court in Arizona to partition\nthe lands to whihh a Court has said the Navajos and Hopis have\na \"joint undivided and equal interest\" -- to make a legal division\nof the land.\nThis will mean that the Secretary of the Interior will have physically\nto move some (not known how many, in the end) die-hard Navajo\nfamilies who have lived their lives in that area. It could be a\nvery sad scene.\nSenator Abourezk has come up with an alternative approach\nembodied in Section 306 of S. 3724: to permit life-long Navajo\nFORD is LIBRARY QERALD\nresidents to live out the rest of their lives there before the land\nis transferred to the Hopis, and proportionately less for those\nmore recent residents. A more humane approach.\nJohn Whitaker feels, however, that the prospect of the deferred\nland transfer implicit in the Abourezk alternative will worsen\nthe tensions between Navajo and Hopi, and violence could also\noccur if the Congress takes this option.\nIn the House, Steiger, Haley, Regula, Owens, Roncalio and Rhodes\nfavor the partition-and-move approach in H.R. 10337; in the Senate\n- 2 -\nit is reported that Goldwater and Fannin favor this also, even\nat the risk of losing Navajo political support.\nPeter MacDonald, a Presidential supporter (he rode in the\nInaugural Parade) is of course very much opposed to H.R. 10337;\nhe is coming to Washington a week from today.\n(After we get your estimate, Frank and I plan to invite Rog Morton,\nJohn Whitaker and possibly some Justice officials to make a final\nreview of this situation, whereupon we will send a report letter\nto the Senate Interior Committee which has requested it prior to\nupcoming hearings.)\nCC: Frank Zarb\nFORD LIBRARY j GERALD\nJuly 15, 1974\nDear Mr. Obadele,\nThank you for your letter of June 26th.\nI have ascertained that there are several officers here\nin the Department of Housing and Urban Development who are\nthoughly familiar with the terms and requirements of the\nNew Communities Act and who will be glad to meet with you and\nyour colleagues of the Mississippi and National Black Assemblies.\nMay I suggest you telephone Mr. David Nimmer, the Director of\nthe Regional Liaison Office of the New Communities Administration\nfor an appointment. He can be reached at 202-755-7894.\nI am suggesting to him that when your meeting is arranged,\nhe also invite a representative of the Department of Agriculture\nwho can answer any questions you may have about the Rural\nDevelopment Act.\nSincerely,\nLeonard Garment\nAssistant to the President\nMr. Imari Abubakari Obadele, I\nPost Office Box 465\nJackson, Mississippi 39205\nbee with incoming correspondence to:\nFORD LIBRARY is GERALD\nMr. David Nimmer, NCA/HUD\nHUD\nJuly 15, 1974\nDear Mr. Obadele,\nThank you for your letter of June 26th.\nI have ascertained that there are several officers here\nin the Department of Housing and Urban Development who are\nthroughly familiar with the terms and requirements of the\nNew Communities Act and who will be glad to meet with you and\nyour colleagues of the Mississippi and National Black Assemblies.\nMay I suggest you telephone Mr. David Nimmer, the Director of\nthe Regional Liaison Office of the New Communities Administration\nfor an appointment. He can be reached at 202-755-7894.\nI am suggesting to him that when your meeting is arranged,\nhe also invite a representative of the Department of Agriculture\nwho can answer any questions you may have about the Rural\nDevelopment Act.\nSincerely,\nLeonard Garment\nAssistant to the President\nMr. Imari Abubakari Obadele, I\nPost Office Box 465\nJackson, Mississippi 39205\nbcc with incoming correspondence to:\nMr. David Nimmer, NCA/HUD\nFORD is LIBRARY GERALD\nTHE WHITE HOUSE\nWASHINGTON\nFreeway\nDaol Nummer\nDr, Reg leason\noffice\nN.CAdy HUD\nUNDERY & GERALD\n202-755-7894\nTHE WHITE HOUSE\nWASHINGTON\nJuly 12\nLG:\nEven this is a way-out outfit,\nmy own feeling is that we should\nat least respond with a willingness to\nanswer their questions.\nHUD agrees (I have talked with\nMr. Nimmer); at first they and I had\nsuggested a gent in Atlanta with whom\nthis g roup could meet, but HUD prefers\nto have them come to Washington.\nOK\nBrad\nJuly 15, 1974\nSignature\nDear Larry:\nThis is to raise with you personally an area of issues which\ndeserves more attention than either of us has been giving it:\nlitigation and appellate strategy in Indian claims cases.\nThe Indian Claims Commission, as you know, is the judicial\nbody which is the court of first resort in these cases. The\nCommission was established by the Congress to \"hear and\ndetermine\" claims against the United States on a very wide\nrange of grounds: \"law\", \"equity\", \"fraud, duress, unconscion-\nable consideration, mutual or unilateral mistake\", and \"claims\nbased upon fair and honorable dealings\". The intent of the\nCongress was to have these claims examined, judged, paid\nand finished with expeditiously and under more liberal than\nusual criteria. But that is not what has happened.\n611 cases have been docketed; some 200 are still pending, and\nthe Commission goes out of business in another three years\nwith the Court of Claims inheriting whatever is left. 194 of\nthe Commission's cases have been appealed to the Court of\nClaims, 32 by the Government, 26 in cross-appeal, and of course\neach appeal adds some 12-18 months to the adjudication period.\nUpon some inquiry, I find that the Department of Justice's Indian\nClaims section is very diligent in defending the government's\nlegal and financial interests in these cases, but rarely consults\nthe Commissioner of Indian Affairs in this process, or the\nSolicitor of the Department of the Interior, in reviewing its\nlitigating and its appellate options. Instead of an instrument\nfor resolving these questions promptly, the Commission is\nbeing used as a battleground for technicians and the frequent\nappeals to the Court of Claims are dragging out the whole process.\nFORDO is LIBRARY 078870\nA case in point of watershed dimensions is pending right now\nbefore Bob Bork -- the famous Sioux case involving violation\nof the Treaty of 1868. The Commission has determined a\njudgment amount but a recommendation has been made to\nappeal the \"5th Amendment Taking\" issue to the Court of Claims.\nWe apparently are going to allege that a Court of Claims decision\nof 1942, (before the passage of the Claims Act) finished the\nmatter when it in effect blessed the violation -- by the Congress --\nof the Treaty of 1868 on the theory that Congress has plenary\npowers to do so,\nFrom various points of view -- equity, \"fair and honorable\ndealings\", sanctity of treaties, the purpose of the Claims Act\nitself -- this particular appeal and others like it should, I believe,\nbe reviewed, especially in light of the President's own declaration\non Indian affairs of July 8, 1970.\nPerhaps an informal consultative process could be instituted\nwhereby Justice regularly touches base with the Commissioner\nor the Solicitor at Interior (who represent the United States'\ninterest as trustee for the Indians) and arranges for an exchange\nof views about appellate strategy in this and similar claims cases.\nActually my hope is that the general principle could be adhered\nto of not appealing Claims Commission judgments and decisions\nunless the Solicitor General considers that an egregious mistake\nhas been made. Otherwise we may be in this claims business\nfor another decade -- to the detriment of the Commission, the\nCourt of Claims, the Indians and ourselves and contrary to the\nintent of Congress.\nI understand that under Jon Rose's direction you have a re-examination\nunderway of Departmental structures and policies in the Indian area;\nyou might add this area of issues to that agenda (with the note,\nhowever, that there is a deadline of August 12 for the Sioux appeal\ndecision itself). When your internal exercise is at the right stage, I\nwould be interested in hearing how it is coming along.\nBest,\nFORD is LIBRARY 969470\nLeonard Garment\nMr. Larry Silberman\nDeputy Attorney General\nDepartment of Justice\nWashington, D. C.\nbcc: Stan Pottinger\nKent Frizzell\nCC: Mr. Bob Bork\nMorris Thompson\nMr. Wallace Johnson\nJuly 15, 1974\nMEMORANDUM FOR:\nPHOTO OFFICE\nFROM:\nLEONARD GARMENT\nSUBJECT:\nPrints of negative\nI would appreciate it if you would make five (5) prints\nof the attached negative number 14 which is of myself\nrequested and Professor a copy. Wright (5\"x8\"). anumber of staff people have\nMany thanks for your cooperationly\nFORD : LIBRARY 076838\nJuly 15, 1974\nDear Mr. Riblet:\nThank you for your letter of June 24 and for your\ngracious and encouraging remarks. I have access\nto a copy of the tape 80 don't need additional copies\nbut I appreciate your courtesy in offering one.\nWe have done a great deal of work in Indian affairs\nin the past five years and while we have not solved\nall the problems Indians have, the pace of economic,\neducational and political strengthening of Indian\nlife and government is considerably advanced over\nthe years in the recent past.\nI am glad to have the materials about Mr. Hornstein\nand will bring them to the attention of Mr. Emory\nJohnson of the Indian Health Service in case there\nmay be an opening in IHS for which Mr. Hornstein\nmight be qualified and interested.\nSincerely,\nR.\nGERALD\nFORD\nLeonard Garment\nAssistant to the President\nMr. Don Riblet\nD142 Crossings\nGlassboro, New Jersey 08028\nbcc: Emory Johnson (with incoming letter and personal qualifications\nstatement for Mr. Hornstein)\nJuly 16, 1974\nDear Art:\nThank you for your note about your interesting\nplan for the F Street houses. I hope it comes\nto pass.\nSincerely,\nLeonard Garment\nMr. Arthur F. Sampson\nAdministrator\nGeneral Services Administration\nWashington, D.C. 20405\nGERALD LIBRARY R. FORD\nBcc: Nancy Hanks\nDana Mead\nJuly 17, 1974\nTO:\nKATHY JENSEN\nFROM:\nLEN GARMENT\nSUBJECT:\nLOG NO. 423 Annual Report on Special\nInternational Exhibitions for FY '73\nI have no objection to forwarding the subject report to the Congress.\nFORD is GERALD LIBRARY\nCF\nJuly 18, 1974\nDear Stuart:\nI received your notice about the seminar on\nsubmarginal lands on the 21st. I won't be able\nto be with you but want you to be sure to send\nme a copy of any resolutions, conclusions, or\nstaff papers you develop, since we are very much\ninterested in getting NCAI advice as we here try\nto sort out some of these lands questions.\nSincerely,\nBradley H. Patterson, Jr.\nMr. Stuart Jamieson\nDirector of Economic Development\nNational Congress of American Indians\nSuite 312\n1346 Connecticut Avenue, N.W.\nFORD & 078835 LIBRARY\nWashington, D.C. 20036\nbcc: Martin Seneca (BIA)\nJuly 19, 1974\nDear Ms. Margan:\nI have received your resume for application for a position\nwith the National Council on Indian Opportunity.\nThe Council has recently been phased out of existence, with\nits duties as a Cabinet Committee planned to be assumed\nby another body. I would therefore suggest that you contact\nthe Commissioner of the Bureau of Indian Affairs and\nresubmit your resume, which is enclosed.\nThe Bureau is now under excellent new leadership and I\nam surethey would be interested in your capabilities,\nalthough their appointments are subject to the Indian preference\nstatutes.\nIf I can be of any further assistance, please contact me.\nSincerely,\nR.\nGENERO\n0803\nLIBRARY\nBradley H. Patterson, Jr.\nMs. Michelle Joy Margan\n714\n414 Village Road\nOradell, New Jersey 07649\nJuly 19, 1974\nMEMORANDUM FOR:\nMORRIS THOMPSON\nFROM:\nBRADLEY H. PATTERSON, Jr.\nSUBJECT:\nCivil Rights Commission\n1973 Southwest Report\nI know this is a year old or more, but think that it\nwould be very fitting as symbolic of your new\nleadership if you would respond to the Commission\nwith comments on those recommendations which pertain\nto the Bureau, and comments insofar as you can make\nthem on the other recommendations made (pages\n57 and 58) which involve matters of which you have\nknowledge.\nNot a request, Morrie, but a suggestion; the Civil\nRights Commission now has new leadership, too.\nFORD & LIBRARY 07V830\nJuly 19, 1974\nMEMORANDUM TO:\nBENJAMIN STEIN\nFROM:\nBRADLEY H. PATTERSON, Jr.\nSUBJECT:\nTour and lecture for 40 high\nschool students\nToday arrangements were made with Joyce Adams to reserve\nthe Family Theater on August 13 from 9:30 a.m. to 10:30 a.m. --\nfor your presentation -- and after your lecture the B'Nai B'Rith\ngroup will join the public tour of the White House. (This will\nbe a duplicate of the arrangements made for a similar group\nlast year.)\nWould you obtain a list of the students and send it to the East\nWing Reception Room?\nFORD & LIBRARY 038840\nCC: Joyce Adams\nJuly 19, 1974\nDear Mrs. Fain:\nI have received your resume for application for a position\nwith the National Council on Indian Opportunity,\nThe Council has recently been phased out of existence, with\nits duties as a Cabinet Committee planned to be assumed\nby another body. I would therefore suggest that you contact\nthe personnel division of the Bureau of Indian Affairs and\nresubmit your resume, which is enclosed.\nIn looking over your resume it would appear that you have\nan extensive background in human resources related areas.\nI am certain that the BIA would be happy to consider your\napplication, although positions there are subject to Indian\npreference.\nSincerely,\nR.\nGERALD\nFORM\nBradley H. Patterson, Jr.\nMrs. Janet L. Fain\n3300 Military Road N.W.\nWashington, D.C. 20015\nJuly 19, 1974\nMEMORANDUM TO:\nCHUCK LICHENSTEIN\nFROM:\nLEONARD GARMENT\nSUBJECT:\nNavajo-Hopi Bill -- Discussion\nwith Chairman MacDonald\nKnowing what is probably Dean's home-state interest in this\nmatter, I wanted you to know that on the 16th Brad and I met\nwith Navajo Chairman Peter MacDonald at his request. He\nbrought two of his attorneys with him and our session was\none of my simply listening to Peter's exposition of the Navajo\nside of the controversy. Recognizing Peter's official capacity\nas the Chairman of the nation's largest tribe, I would always\naccord him an opportunity to be heard. (I would do the same\nwith the Hopis if they asked.)\nOur substantive position on the bill has been hammered out\nwith John Whitaker, Commissioner Thompson and Frank Zarb\nand is, basically, to support the Steiger-Owens bill but with\nsome amendments which we will suggest to give maximum\nincentives to early (rather than last-ditch) moving away by the\naffected Navajo people and to specify a two-year breathing\nperiod in which Interior will develop a plan of relocation.\nWe asked Tom Korologos to give us an estimate about Senate\nsentiment re this House-passed bill, and find that both sides\nof the aisle are pretty much in sympathy with the Steiger-Owens\napproach, including the entire Arizona delegation. I am aware\nthat Senator Goldwater is strongly backing H.R. 10337.\nbcc: Norm Ross\nBill Timmons\nFORD & GERALD LIBRARY\nJuly 19, 1974\nDear Arthur:\nPer our conversation. and with my deep\nappreciation for your time and graciousness.\nSincerely,\nBradley H. Patterson, Jr.\nHonorable Arthur S. Flemming\nCommissioner on Aging\nMary Switzer Building\nDepartment of Health, Education & Welfare\nWashington, D.C.\nLIBRARY GERALD R. FORD\nEnclosures\nJuly 23, 1974\nDear Mr. Roessel:\nI have reviewed the various proposals of regulations dealing\nwith the Johnson-O'Malley Act and I have found nothing to\nsubstantiate your belief that any Indian group other than\nthose which are \"federally recognized\" will be eligible for\nfunding.\nAs you may know, three sets of regulations have been proposed\nat this time. They are 1) the original proposal submitted by\nCommissioner Thompson on January 2, 1974, as published in\nthe Federal Register of January 14, 1974; 2) the proposal\nsubmitted by a coalition of Indian groups, commonly known as\nthe \"Red Regs\", published on February 23, 1974; and 3) a\nLIBRATY GERALD ? FORD\nrevised federal proposal submitted on June 26, 1974.\nThe eligibility sections in all three proposals make it clear that\nonly \"federally recognized\" tribes, bands or groups of Indians\nare eligible for Johnson-O'Malley funding. Proposal 1 defines\n\"Indian\" as \"an individual who is a member of a tribe, band, or\nother organized group of Indians, including Alaska natives, which\nis recognized by the Secretary of the Interior as being eligible\nfor Federal Services.\" Section 33.2 of this proposal states\n\"Contracts may be entered into. for the education of Indian\nchildren of 1/4 or more degree Indian blood, unless excepted\nby law...\"\nThe \"Red Regs\" define \"Indian\" identically with the original\nfederal proposal. Section 33.2 of the \"Red Regs\" states \"Contracts\nmay be entered into for the education of Indian children 11 again\nemphasizing the term \"Indian\" as defined.\nThe most recent proposal also defines \"Indian\" identically with the\noriginal proposal, and then states in Section 33. 2(a) that the funds\nare to be used for the Education of Indian children.\n- 2 -\nTherefore, I think I can assure you that according to the three\nproposals of which I am aware, there is nothing to indicate that\nany persons other than \"Indians\" who are recignized by the\nSecretary of the Interior as being eligible for federal services\nwill be eligible for Johnson-O'Malley funding.\nIt was good to be with you a few weeks ago!\nCordially,\nBradley H. Patterson, Jr.\nMr. Robert A. Roessel, Jr.\nSuperintendent of Schools\nGERALD R. FORD LIBRARY\nChinle Public Schools\nBox 587\nChinle, Arizona 86503\nbcc: Mr. Clennon Sockey (BIA)\nJuly 24, 1974\nDear Peter:\nIt was a pleasure to meet with you last week to discuss\nthe settlement of the Navajo-Hopi joint land use area\ndispute. I was happy to have the opportunity to get a\nfirst-hand description of the situation from the Navajo\npoint of view.\nPlease understand that whatever the final outcome of the\ndispute may be, the White House fully understands your\nposition. The Administration wishes to see the conflict\nsolved in the manner which will cause as few hardships\nas possible to all concerned, while at the same time\nreaching a solution which is fair to all concerned. You\ncan be assured that your views were relayed to all those\nin the Administration who have considered this matter\nand that they were taken into account.\nAgain, thank you for meeting with me. If I can be of\nassistance in the future, please let me know.\nSincerely,\nLeonard Garment\nAssistant to the President\nFORDS & GERALD LIBRARY\nMr. Peter MacDonald\nChairman, Navajo Nation\nWindow Rock, Arizona 86515\nJuly 26, 1974\nMEMORANDUM FOR:\nTHE PHOTO OFFICE\nFROM:\nBRADLEY H. PATTERSON, Jr.\nSUBJECT:\nRequest for 35 millimeter\nslides\nIt will be most helpful in a presentation being\narranged for the Cabinet if we could receive a\n35 milimeter slide of the Roosevelt Room and the\nPress Conference Room (room 450 in the EOB).\nSpecifications:\n1. Color.\n2.\nThe room be empty.\nR.\n3.\nThe picture be horizontal.\nUNITED\nDEOR\n4.\nBracket the exposure.\n5. A picture (print) is not required but a\nLIGRARY\n35 milimeter slide of each room is\nneeded.\nPlease send the slides to Room 182 if possible by\nTuesday, July 30 midafternoon (or call ext. 2657\nand we will come over and pick them up when ready).\nThank you for your cooperation in this matter.\nJuly 26, 1974\nMEMORANDUM FOR:\nTHE VICE PRESIDENT\nFROM:\nLEONARD GARMENT\nASSISTANT TO THE PRESIDENT\nSUBJECT:\nNational Urban League --\nAdditional Background\nYou will be the League's luncheon speaker next Monday.\nSometime during that occasion, it is likely that the Urban League's\nExecutive Director, Vernon Jordan, will bring up with you his\nconcern that federal contracts with the National Urban League\nhave fallen off. (He brought this up with me at a lunch recently\nand his associate followed it up with a letter -- Tab A).\nThe high point for the Urban League came in December of 1970\nwhen the President and his domestic Cabinet Officers met with\nWhitney Young and his Urban League colleagues. It was a most\ncordial and productive meeting: they discussed the unique ways\nin which the Urban League could assist the Federal Government,\nby contact, in operating and evaluating certain of our human\nresources programs. At the end the President directed the\nDepartments to review all these possibilities. Whitney met\nthe press afterwards (Tab B). TheyDepartments went to work\nand over $21 million worth of contracts were identified and\ncommitted to the Urban League. Whitney and the President talked\non the telephone a month later to review progress.\nIn the years since, as the letter in Tab A reminds us, the contracting\nhas fallen off -- and the League is asking us to help get it back\non track.\nThere are good reasons why some of the contract money has shrunk.\nManpower contracts have gone from $12 million to $5 million largely\nLIBRARY GERALD ? FORD\n- 2 -\nbecause our new approach is special revenue-sharing where\nlocal jurisdictions make their own decisions about signing\nmanpower contracts with local League affiliates, rather than\nthe money coming from Washington on a national basis to the\nLeague as a national organization.\nBut with other agencies, the explanation is not as clear.\nI wanted you to know that I have promised Vernon to make\na review of the specifics which he and his colleague Ron Brown\nhave given me and will be in touch with him again when I have\nsome answers.\nIf asked, you should reaffirm this promise.\nVernon might go further and ask you to convene the same kind\nof meeting which the President had in December bd 1970. If\nso, I recommend you promise to review that option carefully\nbut not make a firm commitment at this time until we have\nhad more of a chance to (a) complete this review (b) talk\nwith each other and (c) talk with the affected Departments.\nIn any event, it is clear -- as Brown's letter shows -- that\ngiven the size of the decline in Federal support, there is a\ndistinct danger to the life or at least to the vitality of one of\nthe country's most important minority institutions. And this\nis a serious matter.\nFORD LIBRARY s 038870\nJuly 29, 1974\nMEMORANDUM FOR:\nANNE ARMSTRONG\nFROM:\nLEONARD GARMENT\nSUBJECT:\nBicentennial Press\nProject\nI wanted to be sure that you saw Aram Bakshian's\nmemorandum of July 11. I would hope that you\nwould give John Warner your endorsement of this\nidea; it is certainly consistent with the other major\nmedia project he is working on.\nFORD i 076835 LIBRARY\nJuly 29, 1974\nDear Carl:\nAs you leave the Department of Justice to pursue\nfurther graduate studies in England, I want to\ntell you personally how much it will be our loss\nthat you go.\nIn federal courtrooms, on Reservations, and as\nHead of the new Office of Indian Rights, you have\nbeen a pioneer in strengthening the President's\npolicy of more effectively ensuring justice for\nIndian people. Neither the Department of Justice\nnor the Federal Government will be the same again\nfor your having been here as our colleague.\nI want to congratulate you on your past outstanding\nwork confident that ahead of you lies a splended\nand constructive career.\nSincerely,\nFORD is LIBRARY 01VH39\nLeonard Garment\nAssistant to the President\nMr. Carl Stolber\nOffice of Indian Rights\nDepartment of Justice\nWashington, D.C.\nCCI The Attorney General\nJuly 29. 1974\nMEMORANDUM FOR:\nTHE VICE PRESIDENT\nFROM:\nLEONARD GARMENT\nASSISTANT TO THE PRESIDENT\nSUBJECT:\nWhite House briefing for the\nCabinet on the Federal Design\nImprovement Program\nAs indicated in attachment A, I have invited the Cabinet officers\nand their designated Agency Liaison officers to the White House\non July 31 at 10:00 a. m. for a 45 minute briefing on the Federal\nDesign Improvement Program.\nThis four-part program, which was initiated by the President\nin May 1972, has made significant progress in the last two years.\nThe briefing will provide an opportunity to review this progress\nwith the Cabinet members and to enlist the involvement of their\nagencies to keep the program's momentum,\nThe Federal Government is the nation's largest client of design\nservices. The President has stated that he believes the Government\nhas an important and critical role in encouraging design excellence\nin Federal buildings, offices, publications and graphics. The\nFederal Design Improvement Program's objectives are to: 1) make\nFederal administrators more aware of how to use design as a\nmanagement tool; 2) improve the selection procedures of architects\nfor Federal buildings; 3) improve the graphic design of Federal\npublications; and 4) recruit talented design professionals to Federal\nservice.\nI hope you will be able to attend all or part of this briefing to learn\nmore about substantial contributions Federal agencies are making\nto design excellence.\nFORD is LIBRARY\n- 2 -\nA schedule proposal has already gone to the President, and I\nhope that he will be able to attend a portion of the briefing.\nI am enclosing a folder containing information relevant to the\nJuly 31 briefing. Of particular interest to you will be a progress\nreport of the Design Program's accomplishments from Nancy\nHanks, Chairman of the National Endowment for the Arts (the\nagency the President has asked to coordinate the program).\nIf your schedule should be committed for Wednesday morning,\nan alternate occasion for your joining us would be 2:30 p.m.\nthat same day, when Agency Heads will receive the same\nbriefing in Room 450 of the Executive Office Building. A word\nfrom you would of course be extremely helpful to this worthwhile\neffort.\nFORD j LIBRARY\nJuly 29, 1974\nMEMORANDUM FOR:\nJOHN WARNER\nFROM:\nLEONARD GARMENT\nASSISTANT TO THE\nPRESIDENT\nSUBJECT:\nMeeting with Oscar Cohen\nOscar Cohen is the Director of the National Programs\nDepartment of B'nai B'rith at the Headquarters in\nNew York. He has discussed an idea he has for the\nBicentennial with some of your staff in New York\nand would like at this time to come to Washington\nto discuss it further with you. If involves preparation\nof a film on how America has attracted people into\nour country from all over the world.\nOscar would like very much to meet with you on\nAugust 5, 6, 14, 15 or 16. If Aggust 5 could be\nchosen, Dave Brody, the principal B'nai B'rith\nWashington representative would also attend.\nit\nFORD\nI hope your schedule would permit an August 5\nGERALD\nmeeting with Mr. Cohen and suggest your office\nbe in direct touch with Mr. Brody here in Washington;\nhis telephone is EX3-5288."
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