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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.
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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
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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
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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
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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
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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
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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."
}