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[Indian Affairs] - Final Report to the Governor and the Legislature by the State Advisory Commission on Indian Affairs
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[Indian Affairs] - Final Report to the Governor and the Legislature by the State Advisory Commission on Indian Affairs
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Ronald Reagan Presidential Library Digital Library Collections This is a PDF of a folder from our textual collections. Collection: Reagan, Ronald: Gubernatorial Papers, 1966-74: Press Unit Folder Title: [Indian Affairs] - Final Report to the Governor and the Legislature by the State Advisory Commission on Indian Affairs Box: P37 To see more digitized collections visit: https://reaganlibrary.gov/archives/digital-library To see all Ronald Reagan Presidential Library inventories visit: https://reaganlibrary.gov/document-collection Contact a reference archivist at: [email protected] Citation Guidelines: https://reaganlibrary.gov/citing National Archives Catalogue: https://catalog.archives.gov/ FINAL REPORT TO THE GOVERNOR AND THE LEGISLATURE by the STATE ADVISORY COMMISSION ON INDIAN AFFAIRS GREAT EUREKA OF THE THE OF CALIFORNIA Commission Members Committee Members Senator John L. Harmer, Chairman Mrs. Eleanor Bethel Senator Howard Way Mr. Leo Calac Assemblywoman Pauline L. Davis Mrs. Jesse H. Parker Assemblyman Eugene A. Chappie Mr. Michael Harrison Assemblyman Kent H. Stacey Irvin Rautenberg alternate, Dr. Louis F. Saylor Jack Erikson alternate, Dr. Max Rafferty Bert Walters alternate, Mr. John C. Montgomery Past Commission Members Past Committee Members Senator Stanley Arnold, Past Chairman Mr. Erin Forrest Senator Stephen P. Teale, Past Chairman Mr. Bert D. Lane Senator Paul Lunardi Mrs. Waldo H. Pate Senator Randolph Collier Mr. Robert N. Davidson Senator William E. Coombs, Past Chairman Assemblyman Charles B. Garrigus Assemblyman Newton R. Russell Assemblyman Charles E. Chapel Dr. Malcolm H. Merrill Mr. J. M. Wedemeyer Berenice Pate Wayne H. Red-Horse Norma Logan Executive Secretary Staff Analyst Secretary 1969 FINAL REPORT TO THE GOVERNOR AND THE LEGISLATURE by the STATE ADVISORY COMMISSION ON INDIAN AFFAIRS OF EUREKA THE GREAT SIVIS CALIFORNIA Commission Members Committee Members Senator John L. Harmer, Chairman Mrs. Eleanor Bethel Senator Howard Way Mr. Leo Calac Assemblywoman Pauline L. Davis Mrs. Jesse H. Parker Assemblyman Eugene A. Chappie Mr. Michael Harrison Assemblyman Kent H. Stacey Irvin Rautenberg alternate, Dr. Louis F. Saylor Jack Erikson alternate, Dr. Max Rafferty Bert Walters alternate, Mr. John C. Montgomery Past Commission Members Past Committee Members Senator Stanley Arnold, Past Chairman Mr. Erin Forrest Senator Stephen P. Teale, Past Chairman Mr. Bert D. Lane Senator Paul Lunardi Mrs. Waldo H. Pate Senator Randolph Collier Mr. Robert N. Davidson Senator William E. Coombs, Past Chairman Assemblyman Charles B. Garrigus Assemblyman Newton R. Russell Assemblyman Charles E. Chapel Dr. Malcolm H. Merrill Mr. J. M. Wedemeyer Berenice Pate Wayne H. Red-Horse Norma Logan Executive Secretary Staff Analyst Secretary 1969 WINM in your Thank 4/6 your # the the 1003 (§ by: NO 1/01 all ( was with <>>> <<<<<<<<<<<<<<<<<<<<<<<<< 2.5 CAN PHG TABLE OF CONTENTS Page Letter of Transmittal 5 I. Introduction 7 II. History of Social and Economic Conditions of Indians in California 9 III. Summary of Findings and Recommendations-Rural 11 Summary 11 Recommendations 11 Education 11 Health, Water, Sanitation 12 Housing 12 Employment 12 IV. Summary of Findings and Recommendations-Urban 13 Summary 13 Recommendations 14 Education 14 Employment 15 Health 15 Social Welfare 16 V. Full Report 17 Rural 17 Urban 27 Addendum-Law Suit against the Commission 28 Appendices 29 A Assembly Joint Resolution No. 38, 6/15/53 31 B United States House Concurrent Resolution 108 31 C United States Public Law 280 31 D Senate Joint Resolution No. 4, 1954 32 E Senate Joint Resolution No. 32 33 F California Water Code, Section 1241.5 34 G Senate Bill No. 288 34 H Senate Joint Resolution No. 6 34 I Senate Joint Resolution No. 16 35 J Senate Bill No. 1397 35 K Senate Bill No. 1114 36 L Letter, Chairman's Recommendation 37 M Sampling of Letters 38 N Senate Joint Resolution No. 26 39 O Summary of Big Valley Rancheria Termination Analysis 39 P Racial and Ethnic Survey of California Public Schools, Fall 1966 and Fall 1967 40 Q Model of an Educational Needs Assessment Program for California Indian Children 40 R Senate Joint Resolution No. 3 42 S Letter, Federal Funds for Johnson-O'Malley Program 42 T Free or Reduced-Priced Meals for Needy Pupils 45 U California Rural Indian Health Demonstration Project Progress Report 46 V The Rancheria Act 50 W Labor Statistics 52 (3) * # $54 1 (8) of STATE ADVISORY COMMISSION ON INDIAN AFFAIRS September 30, 1969 HONORABLE RONALD REAGAN, Governor HONORABLE ED REINECKE, Lieutenant Governor HONORABLE HOWARD Way, Senate President Pro Tempore HONORABLE ROBERT MONAGAN, Speaker of the Assembly, and Members of the Legislature Gentlemen It is with great pleasure and also a sense of deep regret that the State Ad- visory Commission on Indian Affairs, created by Senate Bill 1007 (1961), transmits to you its final report and recommendations regarding Indians in California and some of their most urgent and continuing problems. I am pleased to report that the commission has finished its most productive and effective year. This report is the result of numerous interviews, public hear- ings, research and analysis of the problems of the California Indians performed under the direction of the commission during the past year. The members of the commission have worked long and hard and have been most dedicated in their efforts. Through the commission, a coordination of the activities of federal and state agencies working on behalf of the Indian people has been achieved to a degree never before experienced. In addition to that, numerous Indian people have been given the opportunity to express their views directly to the commission and to work with us cooperatively in developing new programs. I regret to have to inform you that because of the opposition of what I con- sider to be irresponsible and opportunistic individuals within the state, the legislation which would have continued the commission's existence another five years was defeated. We now face the creation of a dangerous vacuum in the area of leadership with the Indian people and, if individuals such as those who led the opposition to the commission's existence are allowed to rush into that vacuum, a very serious and potentially disastrous deterioration of the progress we have been making for the benefit of the Indian people will take place. I urgently request the Governor and the members of the Legislature to con- sider an alternate means of providing for a continuation of this very necessary liaison between the Indian peoples of our state and their complex and unique problems and those agencies of government, both state and federal, as well as the resources of private enterprise which can be mobilized for their benefit. To do less than this would be to conscionably ignore the demands of justice, equity, and mercy for a people who have too long been the recipients of injustice, inequity, and exploitation by those who had both the responsibility and the ability to deal with them honorably. Our recommendations are set forth in greater detail within the report. I earnestly commend it to you for its consideration and the adoption of these recommendations. Yours very truly, JOHN L. HARMER, Chairman (5) 2-79734 If THIS the VSE of the SUN as to your Signature A person THERE Name del deleved Auton SIGNATURE policy VISA $65 with 1 2 MINE ITS within your END deliver! has at and tays THE DA DATES 150 Signature: pay and 1990 (6) at 1 and DEL ageng statement from a AND 2 PART I INTRODUCTION The California State Advisory Commission on In- until September and October 1967. The future of the dian Affairs was originated by Senate Bill No. 1007, commission was uncertain; the staff sought other em- July 20, 1961, and became operative January 1, 1964. ployment, causing the commission office to be without The commission will expire September 30, 1969. a staff and closed during August and September 1967. The commission consists of nine members: the Direc- The Assembly Committee on Ways and Means, tor of Social Welfare, the Director of Public Health, California Legislature, appointed a Subcommittee on the Director of Education, three Members of the Sen- Indian Affairs in 1966. The study which was requested ate appointed by the Senate Committee on Rules, and had among its objectives: (1) determining whether three Members of the Assembly appointed by the there was sufficient participation and representation Speaker, the chairman being designated by the Gover- of Indians in the activities of the commission, and (2) nor. Senator John L. Harmer is chairman of the determining the desirability or need for Indians as commission. members of the commission. A public hearing was The purpose of the commission is to "study the conducted December 16, 1966, at San Diego. The sub- problems of the American Indians residing in Cali- committee recommendations included among others, fornia, including, but not limited to, the problems an all-Indian advisory committee and a strengthening of the commission SO that the commission recommenda- presented by the termination of federal control over Indian affairs, the operation, effect, administration, tions could be implemented.* The recommendations of enforcement, and needed revision of any and all state the subcommittee have been followed by the commis- laws pertaining to the Indians and the three relocation sion insofar as the State Constitution and funding centers in California and shall report its findings, to- would permit. gether with any suggested legislation, to the Governor Senator William E. Coombs was designated chair- and to the Legislature man of the commission by Governor Reagan in Sep- tember 1967. The Senate Committee on Rules ap- The commission has the power to appoint a secre- pointed the Senate members in September 1967 and tary and "an advisory committee of not more than the Speaker of the Assembly appointed the three seven members, three of whom shall be appointed from Assembly members to the commission in October among the recognized leaders of the California Indian reservations in the northern, central, and southern 1967, thereby reestablishing a complete and operative sections of the state, and four of whom shall be commission. An executive secretary was appointed October 2, 1967. appointed from the public at large.' The reactivated commission and committee held Studies undertaken by the commission in 1964 on Indians in reservation areas, the results of which were their first joint meeting, November 15, 1967. Priori- documented in the Progress Report to the Governor ties, duties, activities, legislation, and program for the and the Legislature, 1966, resulted in the commission commission and advisory committee for the ensuing making recommendations in the areas of health, educa- year were discussed and determined. A goal was tion, employment, and general welfare. established by the commission "to implement some of the investigation which had been done in prior years." Some state departments and agencies responded by instituting programs with Indian involvement to bet- The commission became involved in helping the ter conditions in the areas of Indian health, education, Indian people as much as possible for a state advisory and employment. The results have been gratifying, commission. The commission (1) introduced legisla- but very limited. Major Indian problems persist tion, (2) instituted a legislative review program, (3) unresolved in the rural areas. The urban Indians have met with Indian groups throughout the state as time unique and complex problems which also need atten- would permit, (4) arranged meetings between appro- tion and solution. priate agency and state representatives with Indian groups seeking specific information and services, (5) The State Advisory Commission on Indian Affairs, visited areas and studied situations in order to recom- following the November 1966 elections and subsequent mend courses of action, and (6) became a resource change in administration, consisted of four members: agency on Indian affairs for federal, state, and local one Senator and the Directors of the Departments of groups working for and with the Indian people. The Public Health, Education, and Social Welfare. Vacan- commission cooperated with federal, state, and private cies were created by reapportionment in the state; agencies, organizations, individuals, and Indians Assemblymen who were elected Senators being no throughout the state. longer eligible for membership as Assemblymen, and one Senator who declined to run for reelection. The Senator William E. Coombs resigned as chairman in commission was inactive from October 31, 1966, to February 1969, and on February 11, 1969, Senator November 15, 1967, due to the lack of a quorum for California Legislature-Report of the Subcommittee on Indian conducting business as the vacancies were not filled problems on the State Advisory Commission on Indian Af- fairs: Volume 21, Number 21, 1967. (7) 8 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS John L. Harmer was designated chairman by Gover- Part III: Summary of Findings and Recommenda- nor Reagan to carry on the progressive program. tions-Rural presents the basic findings and recom- Part I: Introduction is a brief statement on the mendations of the commission. origin and history of the State Advisory Commission Part IV : Summary and Findings and Recommen- on Indian Affairs. dations-Urban presents the basic findings and recom- Part II: History of Social and Economic Conditions mendations of the commission. of Indians in California presents a brief history of Part V: Full Report presents in greater detail the past legislation and governmental policies as they findings and reasons for commission recommendations, affected California Indians. rural and urban. PART II HISTORY OF SOCIAL AND ECONOMIC CONDITIONS OF INDIANS IN CALIFORNIA There are more Indians living in California than fornia this defederalization was partially successful. most people realize. Native California Indians number On August 15, 1953, United States Public Law 2803 an estimated 70,000, and in addition there are approx- was approved. In substance, this bill terminated fed- imately 60,000 to 80,000 relocated urban Indians liv- eral jurisdiction over Indian civil litigation and crimi- ing in the state. nal prosecution, and transferred this jurisdiction to In California, Indians number approximately one- the State of California. half of one percent of the total population; neverthe- Federal services to Indians which were in effect in less, in the fields of health, education, employment, California at the beginning of the termination process and economic development, their needs far exceed fell into three classes: those of other segments of the population, and to date (1) Direct services to individual Indians, bands, and these needs have been largely unrecognized and there- groups of Indians classified as wards, as follows: fore unresolved. (a) Education Historically, native California Indians received (b) Medical services and hospitalization through much less consideration than Indians in other states. contracts with counties and Indian Bureau hos- No treaties with California Indians were ever ratified pitals by the United States. No appreciable land base was (c) Law enforcement ever authorized for Indian bands or tribes of the state. (d) Relief (partial) For some tribes and bands, reservations were estab- lished and held in protective trust by the federal (2) Expenditures for the development, protection, government. This trust land is exempt from local and effective use of the remaining Indian resources taxation. Rancherias were later purchased by the fed- held in trust and maintaining records of accountabil- eral government at intervals for a few "homeless and ity for individual Indian monies: landless" Indians in California. These were also held (a) Use, development, and protection of Indian in protective trust by the United States. The rancheria resources, especially land and water, and agricul- system is unique to California, and these generally tural extension and credit isolated small acreages provide little other than home- (b) Land and leasing work sites, which are often without water or sanitary facili- (c) Protection and management of forest and ties. The majority of Indians received no land base at range lands. all. (d) Operation and construction of irrigation and Over the years governmental policies and attitudes domestic water systems have been markedly ambivalent-sometimes paternal- (e) Soil and moisture conservation istic, sometimes oppressive-consistent only in their (f) Road construction and maintenance lack of consistency. In the early 1950s, however, there (g) Maintaining accountability records for in- developed what appears to have been a concerted dividual Indian monies effort to terminate the special relationship between the (3) Administration, budgetary accounting, and re- Indians and the federal government, especially in porting. California. Federal Indian schools had been phased out in the In 1951, the State Senate memorialized the Presi- early 1930s with the exception of Sherman Institute dent and Congress to dispense with all restriction, at Riverside. whereby previously, the freedom of American Indians As early as 1954, California was able to recognize was curtailed with regard to government benefits, civil that great hardships had befallen many California rights, and personal conduct (SJR 29, May 18, 1951). Indians due to premature withdrawal of federal serv- In 1953, the State Assembly memorialized the Presi- ices. Senate Joint Resolution No. 4 4 was passed in the dent and Congress to terminate the authority of the 1954 California legislative session, seeking to have the Bureau of Indian Affairs (BIA), especially in Cali- United States refrain from terminating federal con- fornia (AJR 38,1 June 15, 1953) and U.S. House Con- trol and protection of Indian reservations, but federal current Resolution 108,2 the Senate concurring, was policy for California termination had apparently been passed August 1, 1953. House Concurrent Resolution established and was not reversed. The special Johnson- 108 declared it to be the policy of Congress to end the O'Malley funds for Indian education were withdrawn status of American Indians as wards of the federal over a five-year period, but other federal services to government, and to abolish all Bureau of Indian Indians were terminated by 1955. Affairs offices in California, Florida, New York, and Shortly after the termination of services, a serious Texas. What has happened in Florida, New York, and fault became apparent. Neither Indians nor depart- Texas is not known by the commission, but in Cali- mental personnel (federal, state, or local) were sure of 1 See Appendix A. 3 See Appendix C. 2 See Appendix B. 4 See Appendix D. (9) 10 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS which agency had jurisdiction and responsibility for tions in California was actually terminated (approxi- the needed services to Indians in areas of health, mately 5,000 of 500,000 acres). education, law enforcement, housing, sanitation, em- The Bureau of Indian Affairs was given the man- ployment, etc. Indians needing services did not know date to terminate federal administration of rancheria what services were available to them in the state, and reservation trust lands in California. The termi- where to go, or how to apply to receive them. Most nation bill included responsibilities for the develop- agency personnel were unsure of which agency had ment of domestic water supplies, sanitation facilities, jurisdiction. and roads before termination. Congress failed to For many years this lack of knowledge was used as appropriate sufficient money for the California termi- justification for each of the several levels of govern- nation program, and as a result domestic water sys- ment to disclaim responsibility for Indian welfare; * tems and provisions for sanitation facilities were seri- the resultant inaction has been a contributing factor ously neglected. to the deterioration of Indian health, education, em- It was during this time of need that the State ployment, and economy. Advisory Commission on Indian Affairs was created Although the federal government had already ended by the California Legislature (in 1961). The State direct services to Indians, during the years following Advisory Commission on Indian Affairs accepted the the passage of HCR 108, less than one percent of the challenge to help rectify the situation by cooperating total trust land acreage on rancherias and reserva- with Indians in their efforts to solve their complicated @ Acosta v. County of San Diego, 272 P.2d 92 (California 1954). problems. PART III SUMMARY OF FINDINGS AND RECOMMENDATIONS-RURAL The State Advisory Commission on Indian Affairs tion, employment, and general welfare, the level of is the only agency which is an official state entity and Indian economic development, housing, sanitation, voice for Indians of California. It concerns itself domestic water development, employment, health, and solely with Indian affairs and is involved with Indians education remains severely depressed. and federal, state, and local entities in studying, re- searching, and assisting Indians and others in finding RECOMMENDATIONS ways by which problems of the Indian people can be resolved. The State Advisory Commission on Indian Affairs Indians and others active in Indian affairs in Cali- recommends that: fornia informed the commission of the current needs Education and problems of California Indians. Indians, along with federal, state, local, and private agencies, con- (1) Capable Indian students be encouraged to pur- sulted with the commission concerning the continuing sue higher education. problems of California Indians and discussed recom- (2) State funding be provided in fiscal 1970-71 to mendations and measures necessary to correct the meet the state commitment necessary for full federal problems. participation in the Johnson-O'Malley program for Problems requiring further study in order to expe- California. The federal government funds are commit- dite solutions were brought to the attention of the ted and available for a limited program, but state funds have not been committed. commission for investigation by the commission staff, so that the commission could determine the course of (3) Teacher in-service training programs be ex- action to be pursued or recommended in each case. panded and accelerated in the areas of American When problems required new legislation for their Indian history, Indian culture, and the historical and ultimate solution, the commission introduced appro- cultural contributions (past and present) of Indians priate legislation and sought legislative support for its to the American scene. (4) Schools of higher education be encouraged to passage. Problems which could be resolved by other agencies offer classes for the training of Indian teacher aides. were referred by the commission to the proper agen- (5) Indian teacher aides be used in the schools cies for their solution. wherever possible for services which they are capable Numerous conferences were conducted and corre- of rendering. spondence was carried on with individuals, agencies, (6) The State of California make serious attempts and organizations regarding the status and current to influence authors and book publishers in improving needs of the Indian people. school textbooks by presenting factual information In addition, the State Advisory Commission on concerning Indian history, Indian culture, and Indian Indian Affairs conducted five public hearings through- contributions to America and to the world. out the state from May 24, 1969, through July 19, (7) Contractual aid programs be reviewed to assure 1969, to give the commission a more up-to-date record that they will provide long-range educational develop- of the employment, health, education, and social wel- ment and continuity. The individual Indians should fare needs of Indian people in California. be included in the arrangement. It was the intention and desire of the commission (8) State legislation be introduced to provide that the data thus accumulated would become the necessary matching funds for the dependents of Indi- record from which a program format would be evolved ans who are seeking higher education. for making recommendations to various federal, state, (9) Establishment of categorical financial aid be and local agencies and other organizations working in explored, rather than general aid, for dependents of behalf of the Indian people; that this data would then Indians seeking higher education. constitute the basic material from which future legis- (10) Ways and means be explored to provide more lative programs would be created, and other programs funds by way of scholarships for Indians who wish to (coordinating the efforts of various federal, state, and pursue higher education or advanced vocational edu- local agencies which are generally concerned with cation. social welfare) would be coordinated in attempting more realistically and directly to meet the needs of (11) The State Department of Education assist the Indian people. and cooperate with recognized Indian organizations in securing educational funding through the Department As a result of the commission's 1966 recommenda- of Health, Education and Welfare (HEW), in order tions and continuing work, a few agencies instituted to meet some of the unique needs of Indians in the some corrective programs. The results are commenda- educational field. ble, but the efforts and funds thus far expended on (12) School districts not already doing SO be en- these programs have been minimal. couraged to take advantage of the Department of Despite specific recommendations made in 1966 by Agriculture's surplus food to provide free or low- the commission to federal, state, and local agencies for priced school lunch programs for all disadvantaged the correction of deficiencies in Indian health, educa- children including Indians. (11) 12 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS Health communities with such programs, but also to assist the (1) The funding of the Indian health project be various tribes in implementing housing projects. continued on an expanded basis. (3) The federal government establish an "Indian (2) County welfare agencies employ as community Desk" in the regional office of Housing and Urban aides Indians who are indigenous to the community, Development (HUD), Housing Administration Assist- to assist the professionals in the provision of services. ance (HAA), Economic Development Administration As of July 1, 1969, aides are now required in every (EDA), and other regional federal offices which are public welfare agency nationwide. The purpose of the involved in assisting people in economic development, Aide Program is to enhance the effectiveness of Social housing, home improvement, or other areas of need. Welfare's commitment to provide services and to pro- (4) Indian tribal councils be appraised of the vide employment for low-income families on welfare. feasibility of forming public housing authorities on the tribal level to increase the opportunities available (3) Federal, state, and local agencies providing to them. publicly funded health, education, welfare, and other services make an extra effort to bring these services Employment to the attention of the Indian people. (1) The State Department of Employment establish Water a full-time coordinator of Indian employment. (2) A rural strategy be developed to obtain and (1) The United States Public Health Service in- make use of local Manpower Development Training stall domestic water systems and sanitation facilities Act (MDTA) programs. without delay, on an emergency basis, where water and sanitation facilities are needed on Indian ranch- (3) Schools close to the trainees' homes be used for eria and reservation lands held in trust by the federal training when possible, thereby causing less disrup- government in the State of California. All installations tion of family life. and improvements should meet state and local stand- (4) Ways and means be explored to furnish trans- ards. County sanitarians should be consulted and state portation for trainees to and from training areas and county health department approval should be rather than relocating the trainees away from the assured for the project before installation of the reservations, which results in disruption of family project is begun. life. (2) The Bureau of Indian Affairs reopen for (5) The criteria for establishing eligibility to par- consideration, at the request of the Indian residents ticipate in MDTA programs be reviewed for the pur- involved, each reservation and rancheria which has pose of establishing more realistic levels of require- been terminated, for the purpose of determining ments for Indians to become eligible to participate. whether water and sanitation facilities installed by the (6) The income criteria in the MDTA program be Bureau of Indian Affairs or the United States Public reviewed periodically for the purpose of increasing Health Service meet state and local standards. Each the income allowance of the participants to enable terminated rancheria or reservation be reviewed on its them to meet increased costs of housing, food, trans- own merits, and systems found to be substandard be portation, and other necessities. improved by the responsible agency to meet state and (7) The Indian portion of the Human Resources local standards. If statutory change is required, the Development (HRD) program be expanded. The In- commission recommends that immediate consideration dian employment outreach workers have been singu- be given to making necessary amendments for this larly successful and the program should be expanded purpose. by the State Department of Employment to other areas of the state. (3) The State Department of Public Health, be- cause of the extreme need, make every effort to find (8) Ways and means be explored to provide assist- funding for sanitation aide training as soon as possi- ance for the development and operation of Indian- ble. owned businesses. (4) The Governor, the California Legislature, and (9) Economic development be encouraged on reser- the congressional delegations take the initiative in vations wherever possible to develop the greatest pos- requesting Congress to appropriate sufficient funds to sible employment opportunities and economic stability assure installation without delay of water systems and for the Indian community. sanitation facilities for Indians living on federal (10) Training slots be increased and special accom- rancherias and reservation trust lands in California. modations made for disadvantaged California Indians in the Bureau of Indian Affairs vocational training Housing program. (1) The State of California, Division of Housing, (11) California Indians be declared eligible to par- add an Indian unit to assist tribal groups create the ticipate in all federally funded programs for Indians legal entities required S0 that federal agencies with on the same basis as Indians in other states (SJR 32) 5 federal funds could provide housing and home im- Land status or land occupation should not be a deter- provement projects for California Indians. mining factor in establishing eligibility to participate. (2) Various federal agencies having the responsi- (12) Industries be encouraged to locate on Indian bility to provide housing programs train sufficient rancheria and reservation land wherever feasible. numbers of Indians not only to acquaint Indian 5 See Appendix E. PART IV SUMMARY OF FINDINGS AND RECOMMENDATIONS-URBAN The State Advisory Commission on Indian Affairs The commission determined that it had a responsi- has a responsibility to urban Indians in the state. Sen- bility as a state agency to assist the urban Indians ate Bill 1007, Section 8116, reads: "The commission in seeking the appropriate agencies with whom they shall study the problems of the American Indians could work and who could cooperate in finding solu- residing in California, including, but not limited to, tions to their problems. The commission also sought to the problems presented by the termination of federal stimulate agencies to become aware and responsive to control over Indian affairs, the operation, effect, ad- the Indian needs in the areas of health, education, ministration, enforcement, and needed revision of any employment, and social welfare. and all state laws pertaining to the Indians and the The Bureau of Indian Affairs, in an attempt to three relocation centers in California and shall report improve the Indians' economic status and to hasten its findings, together with any suggested legislation, to assimilation, instituted an employment assistance and the Governor and the Legislature job placement program which relocated Indians in The Assembly Committee on Ways and Means, certain cities where vocational training was provided California Legislature, appointed a Subcommittee on and where homes and jobs were found for them. The Indian Affairs in 1966. The study, which was re- Indians who volunteered were first screened at the quested by the Legislature, had among its objectives: reservations and those deemed to possess the best (1) determining whether there was sufficient partici- chance for adjustment were sent to the designated pation and representation of Indians in the activities cities. One such city was Los Angeles. In addition, of the commission, and (2) determining the desirabil- many Indians have self-relocated in an attempt to ity or need for Indians as members of the commission. improve their economic status. A public hearing was conducted December 16, 1966, at There are estimated to be approximately 60,000 to San Diego. The subcommittee recommendations in- 80,000 relocated Indians living in California. They are cluded, among others, an all-Indian advisory commit- clustered primarily in Los Angeles, San Jose-Santa tee and a strengthening of the commission SO that Clara, San Francisco, and Oakland. commission recommendations could be implemented. The bureau's program has encountered limited suc- It states in the subcommittee's final report,* * page cess in its attempt to improve the Indians' economic 15, 111, under Comments (A). Defining the commis- status. However, the program has been severly criti- sion's purpose, "The committee believes that the State cized. The bureau is said to have abandoned interest Advisory Commission on Indian Affairs should be re- in the "relocated" Indians after they have been in vised and strengthened in line with the foregoing the cities for a short time, in spite of the fact that the recommendations. However, the commission's scope Indians were typically unfamiliar with city existence, should not be broadened to include program respon- were usually without a high school education, were sibilities toward urban Indians. Despite many requests lacking in work experience, and brought with them for representation of urban Indians on the advisory many specific ethnic-cultural practices to the imper- committee, it has not been satisfactorily demonstrated sonal, competitive, costly living of the big city. that the problems of urban Indians are different from When the Indians lost their jobs or housing, they the problems of other ethnic minorities. Consequently tended to become stranded persons in an alien society. urban Indians should be served by government on a Some of them ended on "skid row", while others gravi- basis of equality with all other citizens tated for help to various church and Indian organiza- "One major problem in Indian affairs is overcoming tions. Some returned to the reservations. Psychologi- the lack of coordination and poor utilization of exist- cal, social, and ecomomic hardship were the end result ing government programs. Agencies at all levels of for a number of relocatees. government have neglected their duties to these citi- The State Advisory Commission on Indian Affairs zens. The commission's major purpose should be to was active in urban Indian affairs during 1968 and advise agencies on better means of serving Indians, 1969, by providing information to federal, state, and and to advise Indians on how to better utilize govern- local governmental entities about urban Indian prob- ment services and programs lems, thereby assisting the various agencies in helping The problems of urban Indians in California have Indians to find solutions to their problems. Indian neither been resolved nor have they disappeared. They views were solicited and Indians were kept informed by the commission staff through interviews, meetings, must, therefore, be recognized by federal, state, and and by correspondence regarding legislative and other local agencies and be solved in a manner satisfactory matters which pertained to Indian affairs. to a majority of the Indian people. Senator Harmer, chairman of the commission, met California Legislature-Report of the Subcommittee on Indian with Los Angeles Indians to discuss pending legisla- problems on the State Advisory Commission on Indian Af- fairs: Volume 21, Number 21, 1967. tive matters. The staff met with urban Indians in Los (13) 3-79734 14 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS Angeles, San Jose, San Francisco, and Oakland on of Los Angeles County, between Indians and agency several occasions to discuss current issues and other representatives concerning the same vexing but yet subjects of concern to the Indian people. unresolved problems. The National Council on Indian Opportunity ap- The public hearing of the State Advisory Commission pointed a subcommittee on urban Indians to investi- on Indian Affairs held in Los Angeles, July 12, 1969, gate the problems and complaints of relocated urban received testimony from Indians and others on the Indians. The subcommittee held hearings in Los An- needs of the urban Indians in the areas of education, geles and San Francisco in 1968 and 1969. Indian employment, public health, and social welfare. The issues were reviewed and solutions sought concerning purpose was to delineate the scope of the issues and the many problems brought under discussion. discuss some long-range solutions. The information Mr. Bert Walters, member of the state commission, provided by the witnesses, added to other relevant and the executive secretary were consulted prior to data, is the basis for the commission's recommenda- the hearings and testified at those hearings. They also tions which are designed to solve some of the more took part in a meeting, arranged by Supervisor Debs urgent urban Indian problems. RECOMMENDATIONS-URBAN The State Advisory Commission on Indian Affairs (5) Indian counselors be utilized to work with recommends that: Indian students and adults to combat the student dropout rate. Close liaison should exist between Education schools, attendance officers, counselors, and parents for (1) Tutorial programs be established for Indian prompt referral of potential dropout students or any students. Tutoring for students who lack familiarity student who needs added services to assure his enjoy- with the English language, often accompanied by ment of school and his opportunity for success. inadequate reading and spelling skills, was deemed to (6) New emphasis be placed upon Head Start, be of the highest priority by all witnesses. Upward Bound, and adult education programs (with (a) Indian parents residing in the area should be matching state funds). utilized as tutors. Decentralized, out-of-school situa- (7) Indians desiring to be relocated be screened tions were envisioned as producing maximum benefits more carefully by Bureau of Indian Affairs staff for participants. Indian volunteers or paid teacher before they are chosen for the program. Improved aides would benefit by the program by improving counseling with orientation programs be provided on their social status. the reservations concerning the problems of urban (b) The Indian students' "self-image" be im- living, costs of food and services, and allied subjects proved by using teaching materials and textbooks to better prepare the subject for survival. Improved which present Indian history and culture in a factual educational opportunities beyond the present skill and unbiased manner. training now offered by the bureau was cited as an (2) The Bureau of Indian Affairs, upon finding a urgent need of the Indian people. home for a relocated Indian family, notify the school district of the new arrivals. Better youth and adult (8) A youth census be authorized by the State education program planning would result, which could Board of Education with adequate funding appro- encourage adult involvement. Programs should be priated by the State Legislature for the purpose. The census should include: planned in the schools to involve overly shy, new Indian students. One witness testified concerning an (a) all persons between 4 and 18 years of age, in- ongoing successful program in one school whereby a clusive student host and hostess was appointed in each room. (b) their names Their duties included going to the office to greet the (c) respective residences new student, introducing him to other students, di- (d) dates of birth recting him, and making him feel welcome to the new (e) school district, if any, in which they are in at- school. This innovative approach to help overcome the tendance new student's shyness was commended by the commis- (f) names of the parent or parents, guardian or sion. other person having control or charge of the child (3) Teacher in-service training programs be in- (g) such information relating to handicaps insofar stituted whenever possible. Teacher in-service training as they are known to the parents or guardians of the should provide teachers with accurate knowledge of minor, to illiteracy, to employment, and to the en- Indian history and culture. One way to overcome the forcement of the law relating to child labor and com- high dropout rate of Indian students was determined pulsory education. The data SO obtained should be to be the improvement of the student's self-image by a positive approach to his history and culture. A made available to agencies and personnel authorized development of pride in the Indian peoples' historical to receive such data. and cultural contributions to America should be Eligibility to obtain federal or other funding for stressed. programs or projects is generally based upon accurate (4) Indian consultants be utilized whenever possi- statistics. No statistics are now available as state- ble in Indian education studies. mandated ethnic surveys are on a "visual" basis. FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS 15 Present records do not disclose where Indian students problems would be reduced to the minimum when are in the school system, how well they achieve, how visitations to the home reservations are more easily well they assimilate, how well they stay in the system, attainable. or what happens to them after they leave the school (4) Vocational training programs be improved. system. Improved Bureau of Indian Affairs training pro- Public school officials admittedly do not know the grams in vocational skills was recommended by most exact number of Indian children who are presently Indians as the only means of reducing the rate of attending the Los Angeles city schools nor do they unemployment and making it possible for the Indian have access to information on which to base projec- people to raise their standards of living. Indians tions of the future enrollments of Indian children or complained that upon entering the labor market they for purposes of advance planning to meet special frequently found themselves underskilled and unable educational needs. School officials in other urban areas to compete with adequately trained workers. To pre- which are impacted by Indian children are similarly pare the trainee for gainful employment, many Indi- hampered. ans indicated that there should be a longer training (9) Senate Joint Resolution No. 32 5 be imple- program and careful choice made of training schools mented. The use of Public Law 874 funds are now with active, responsible supervision of the training restricted in their use to schools close to reservations program maintained. A contractual arrangement impacted by Indian students or to schools impacted by might be explored with various unions for supervision students residing on federal property. Upon im- of the training programs to assure their adequacy. plementation by the federal government of SJR 32, In order to be employed, some employees must federal funds could be used in urban areas which are provide their own tools of the trade. The tools neces- impacted by Indian students, with the concurrence of sary for employment are not presently provided under the federal government. the bureau's program and no provision has been made (10) The free school lunch program be extended to for their acquisition. This deficiency in the program include all needy children, including Indian children. should be rectified by the Bureau of Indian Affairs. (11) Ways and means be explored to provide more When apprenticeship is required for membership funding, by way of scholarships or other assistance, the Indians believe that negotiations (between the for Indians who wish to pursue higher education in bureau and local unions for participants in the pro- lieu of vocational education. grams to serve as apprentices and become union mem- Employment bers) should be completed prior to relocating the (1) The Bureau of Indian Affairs relocation and Indian in an area. job placement program for California be administered To further improve the financial position of the by the Sacramento area office, Bureau of Indian Af- relocatee's family, training for wives and women in the fairs. The Bureau of Indian Affairs should bring the family should be a part of the total program. Training program to the attention of the State Advisory Com- in power sewing and other skills was voiced as a mission on Indian Affairs and other agencies con- means of overcoming some of the financial hardships cerned with health, education, welfare, and em- besetting the urban Indians. ployment. The program and resultant benefits and It was suggested that an arbitrary intelligence deficiencies should be reviewed and approved by state ceiling apparently has been placed on the Indian agencies before further relocatees are brought into the capabilities because of the limitations of the present state. In addition, all agencies should review the employment assistance and job placement program. existing relocation and job placement program in Indians who testified stressed a need for scholarships California. and other assistance for Indians who wish to pursue (2) Improved screening and orientation procedures an education outside the vocational skills field. be implemented. An improved method should be devel- (5) Federal, state, and local agencies and depart- oped by the Bureau of Indian Affairs before approv- ments actively recruit and train Indians for employ- ing applicants to be relocated through the employment ment in their departments. The scarcity of Indian assistance and job placement program. An awareness employees in present government offices was called to of the unfamiliar problems to be faced in urban living, the attention of commission members by many wit- the location and extent of services to be found, and nesses. an acquaintance with transportation, buying, and (6) Training slots be increased and special ac- household facilities were all cited as necessary for the commodations made for disadvantaged California relocatee to be able to cope with the new and often Indians. alien situation. A well planned and supervised orientation program Public Health at the new location should be a part of the program. (1) The federal government take more responsibil- Successful, relocated Indians should be recruited to ity for the health services to relocated Indians. The assist in the second phase of the program. testimony presented to the commission in the area of (3) The Bureau of Indian Affairs be encouraged health and health services as it concerned urban Indi- to relocate Indians in cities nearer the reservations ans was indeed dismal. The present health services from which they come. Loneliness and other cultural appeared to be unknown by some Indians and poorly 5 See Appendix E. utilized by most. 16 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS (2) Some type of dental program be included in (3) A planned and assured Bureau of Indian the health coverage. There are no dental services Affairs responsibility be written into the pro- included in the health coverage despite the fact Indi- gram providing for the welfare of the recipient and ans universally have serious dental problems. his family, and for medical and dental care of the (3) Some provision be made by the federal govern- recipient and his family for a period of two years. ment to continue health coverage for one year follow- Statistics be kept by the bureau on each individual ing initial employment. The federal government in- and family for a two-year period for continuous cludes in its relocation program a prepaid health plan, evaluation of the program. but the day the Indian person is employed the gov- (4) The Bureau of Indian Affairs recognize ernment discontinues premium payments. the need for and assist in the development of social (4) A limited amount of field outreach programs be and recreational facilities for the Indians by assisting developed to follow the relocatee as a followup service in the rental of space, the rental of equipment, and in assisting the relocatee to use available services. the maintenance of both. Such facilities should be (5) The Bureau of Indian Affairs maintain statis- multipurpose and serve as an information center, pro- tics on each relocatee for two years, including such viding room for counseling and other types of needed data as services. (a) present address (5) The responsibility for the relocation and job (b) size of family placement program in California be vested in the (c) present employer, and Sacramento area office, Bureau of Indian Affairs. (d) any major problems (social, health, employ- In order to be sensitive to the needs of the Indians ment, etc.) and to respond promptly in meeting those needs, local (6) An improved orientation program be developed control is essential. for relocatees and their families to familiarize them (6) The county welfare departments be encouraged with existing health services available in the area, to employ Indians as aides to the staff, who would such as family planning, prenatal clinics, post partum help in the social services programs and assist in services, visiting nursing associations, child develop- counseling, interpretation, completion of forms, and ment, and other allied services. other stated work. (7) The State Department of Social Welfare ac- (7) Indians of California be covered by Medicaid cept the responsibility of moving Indian welfare categorically, for the next five years. recipients within the state to facilitate their employ- Social Welfare ment, happiness, and maximum personal satisfaction. (1) The prescreening process for intended relo- (8) Indians be encouraged to use all the services catees be more realistically presented. The pro- of the welfare department, including gram, including not only the advantages but the (a) child care disadvantages and limitations, should be discussed and (b) family planning understood by the intended participants. (c) W.I.N. The concept for training the Indian people for (d) budget preparation, and meaningful employment is admirable, particularly if (e) all other services to strengthen individual family life. the training is provided in the immediate reservation (9) Indians be encouraged to seek employment as area. Moving and relocation should occur only after staff members of social service agencies and to take ad- skills are acquired and then only on a volunteer basis. vantage of a scholarship program leading to a master The relocation program has value in that concern is of social work degree. shown for the improvement of skills. Modern concepts The State Advisory Commission on Indian Affairs in the training program such as those developed by has strong objections to the concept of the Bureau of labor and welfare departments should be used, i.e., Indian Affairs job placement and relocation program. prevocational training and work habit training. This Serious questions are raised as to the advisability of training should take place as a part of the screening removing individuals long distances from their homes, process prior to the trainee being accepted for reloca- disrupting extended family life, removal of Indians tion. from the tribe, and separation of Indian families from (2) The relocation and job placement program parents and friends. The effects are too often unsatis- provide a built-in guarantee for returning the factory. Problems are created because of the inability participant and his family to the reservation if they of the average relocatee and family to adjust to an wish it; this guarantee should be valid for a period alien, crowded, impersonal, competitive, new environ- of up to two years. ment. PART V FULL REPORT-RURAL Commission Activities mend for the commission if the need was established. The State Advisory Commission on Indian Affairs A public hearing held in Sacramento, March 22, 1969, instituted a legislative review program during the was a further means of eliciting Indian opinion, pur- 1969 legislative session. In addition to its own review, suant to proposed legislation. the commission reviewed and analyzed bills submitted The commission used all other means of communica- by various individuals, groups, and agencies. tion in order to determine whether or not the majority Interested parties requested the commission to ana- of Indians felt a need for the commission, a continua- lyze bills for a variety of reasons. Some bills were felt tion of its work, and an increase in its powers and to be detrimental to Indian interests, some were felt activities in behalf of the Indian people. to be covered under existing law, and some were Senate Bill No. 1114 would have extended the life submitted for a fiscal analysis. and changed the structure of the commission by reduc- It was discovered that bills were submitted with ing the legislative members to four, adding the Direc- wording which excluded the Indian community from tor of the Department of Employment, and adding participating in various programs. It was also discov- four Indian members appointed by the Governor. The ered that this exclusion was not intentional, but was commission would have had 12 members, with a seven- due to a lack of knowledge of Indian tribal govern- member all-Indian advisory committee. The proposal ment and the Indian population centers. Legislative by the commission to have the Indian members ap- members were more than willing to correct weaknesses pointed by the Governor was opposed by some Indians in their bills and amended their measures to ensure who did not understand constitutional requirements, Indian participation. Over 4,000 measures were sub- and who insisted that the appointive power of the mitted during the 1969 legislative session, but the staff Indian members be assigned to Indians rather than to was able to review only the most significant of these the Governor. For this reason, the bill became con- troversial, was opposed, and died in committee. The measures. State Advisory Commission on Indian Affairs, there- The commission enlisted the help of other agencies fore, ceases to exist on September 30, 1969. in its legislative review program and invaluable serv- The State Advisory Commission on Indian ices were rendered by them. Special mention should Affairs finds that there is a need for an Indian- be made of an inquiry concerning the California oriented legislative group to: Water Code, Section 1241.5,6 regarding Indian water (1) study current legislation for its potential effect rights. Water rights are a valuable resource to the California Indians and a very complicated and spe- upon Indians; cialized area. The commission analyst contacted the (2) bring to the attention of the Indians any law California Indian Legal Service in Berkeley and they which may affect Indians in California; and consented to handle the matter. (3) follow the presentation of any bills by assist- During the 1969 session legislative members of the ing in mobilizing support for them. The commission commission introduced five measures affecting Indians therefore recommends that the Governor or the Legis- in California. Four of the measures, Senate Bill No. lature appoint an Indian advisory committee for this 288,7 and Senate Joint Resolutions Nos. 6,⁸ 16,ᵃ and purpose. 13 32,10 were successfully guided through the legislative Throughout the years many kinds of needs were process. The commission also endorsed Senate Bill No. brought to the commission's attention: 1397,11 which establishes within the State Department (1) Requests from the Indian community for assist- of Public Health a small Indian health core unit ance in obtaining employment, job training, correction comprised of a health program advisor, a field coor- of past termination procedures, financial aid for dinator, and a secretary. The bill was signed into law schooling, help in obtaining project funding, and in by Governor Reagan. solving numerous other problems. 14 The fifth measure introduced during the 1969 ses- (2) Requests from the Governor's Office, from sion was Senate Bill No. 1114. 12 legislators, the Bureau of Indian Affairs, the Inter- A questionnaire was circulated to Indians through- Tribal Council, various other agencies and volunteer out the state in order to determine the Indians' opin- groups came for information, or for research and ions as to the need for extending the life of the analysis concerning problems affecting the Indian commission, and the composition they would recom- community. 6 See Appendix F. (3) Requests for printed information and publica- 7 See Appendix G. tions about Indians in California came from all types 8 See Appendix H. 9 See Appendix I. of groups and individuals from in and out of state. 10 See Appendix E. 11 See Appendix J. 18 See Appendix L. 12 See Appendix K. 14 See Appendix M. (17) 18 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS Action was instituted in connection with requests (3) The Bureau of Indian Affairs requested the for commission assistance in various ways: California Inter-Tribal Council to appoint an educa- (1) by referrals to other agencies; tional advisory committee for Sherman Indian High (2) by legislative action initiated by the commis- School, a federal Indian school at Riverside, Cali- sion; and fornia. The purpose was to study problems existing (3) by supplying pertinent information and data at the school and make recommendations for over- to those requesting it. The commission's contacts coming the problems. Staff of the commission was in- with a number of federal and state agencies and pri- vited to participate in the studies and recommenda- vate organizations have proven invaluable to its over- tions of the educational advisory committee. all effort in assisting Indians in California. At the April 29, 1969, commission meeting, a resolu- In order to answer some requests, it was necessary tion on Sherman Indian High School was unani- for commission, committee, and staff members to at- mously approved. As a result, Senator Harmer intro- tend meetings and programs, make speeches, and duced Senate Joint Resolution No. 26,¹⁵ which was appeal to and work with various agencies in initiating adopted by both houses of the Legislature. The actions and supporting programs for assisting the Indians. requested by the resolution will improve the school. A review of the commission's activities during 1968- (4) Another area in which the commission and 69, as in previous years, shows that the commission other interested parties have been active during the has acquired more commitments and responsibilities past year has been in the continued struggle to have than could be handled readily with its minimal staff. Johnson-O funds restored to California. In order to achieve desirable results, the commission The Johnson-O'Malley Act of April 16, 1934 (48 has had to depend upon other agencies' administrative Stat. 596), as amended on June 4, 1936 (49 Stat. decisions and upon legislative action. The overall im- 1458), provides for financial aid to states for imple- pact has been an inability to effectively answer some menting their educational programs to Indians resid- requests for assistance. However, many effective serv- ing on or near federal trust land. In 1935, California ices have been rendered and mention should be made became the first state to enter into a contract with the of a few illustrative examples of activites during the Bureau of Indian Affairs for financial assistance un- past year. der this act In the area of education, several problems were For years, California received $318,500 a year as its brought to the commission's attention and action was share of the funds. In 1953, an annual reduction of taken, namely $50,000 a year was started until in 1958 the program (1) Commission assistance was requested on be- was completely discontinued in California as a part of half of Indian students at the University of Cali- the termination program. It was the belief of the fornia, Riverside, who had been declared nonresidents Indian bureau at that time that, by the end of the and were to be charged out-of-state tuition. five-year period, the State of California would be in a position to assume the educational responsibility for The students' history of attendance at the Sherman its Indian citizens just as it has for its citizens from Indian High School and their stay in the state was other ethnic groups. This, however, proved to be a assembled. The Education Code was checked. All of false belief. the information gathered was presented to Mr. Jack Erikson of the State Department of Education who, in At long last, some very limited funds have been turn, briefed Dr. Max Rafferty on the problem. restored by the federal government. The State Depart- ment of Education is entering into a contractual The result was that the students were deemed to be agreement with the Bureau of Indian Affairs to pro- residents of the state, not subject to out-of-state fees. vide educational services, funded by Johnson-O 'Malley (2) The commission was asked to help resolve a funds. These funds do not meet the needs, but at least misunderstanding between Indian students and the the door has been opened for future negotiations. school administration at California State College, (5) A major area of concern has been the plight of Long Beach. the Indians living on terminated rancherias and reser- Indian students had been recruited to the campus vations. During the past year, the commission received under the Educational Opportunities Program. A numerous complaints and requests for guidance or combination of grant and loan assistance had been assistance to correct problems concerning safe drink- formulated, and the students were under the impres- ing water, sanitation facilities, and other problems in sion that all expenses were to be on a grant basis. this particular area. Principal actions taken regarding The commission staff contacted private and govern- termination problems were: mental agencies in an attempt to obtain financial aid (a) A field trip to Table Bluff Rancheria in for the students. Unfortunately, the problems were Humboldt County disclosed that corrective steps not resolved to the complete satisfaction of the stu- should be taken by the federal government to sat- dents, but students remained in school, with two isfy the residents' complaints regarding the water transferring to a different campus. A better awareness system, sanitation facilities, rights-of-way, drive- and understanding of this complex problem should ways, and housing. A separate report on Table Bluff benefit both the Indians and the school administrators. Rancheria was prepared by the commission analyst * The commission's goals were not to solve individual Indian and was reproduced in limited numbers. problems, but in practice the commission had to answer re- quests for help and information. 15 See Appendix N. FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS 19 (b) At the request of the Attorney General's and Escondido. These hearings were designed to de- office, a survey of the land transactions of Big lineate more clearly and in more detail than had been Valley Rancheria in Lake County was conducted. done in the past the basic needs of the Indian people Although the land survey was the prime purpose of in the areas of education, public health, employment, the final report, 16 other problem areas peculiar to and social welfare. The substance of the hearings held termination were incorporated into the paper to by the commission and the information gained thereby provide a better understanding and awareness of added to information on file constitute the report and the problems peculiar to termination. A separate the recommendations to various federal, state, local, report on Big Valley Rancheria was submitted by and private agencies and organizations working in the commission analyst. behalf of the Indian people. (6) Examples of other areas in which the commis- The five public hearings were held for the purpose sion was active are: of taking testimony regarding the following items as (a) The California Council on Criminal Jus- they affect the Indian people living in the state tice contacted the commission to determine Indian (a) Educational needs interest in their activities. The commission staff ar- (b) Employment problems ranged for a meeting between interested representa- (c) Health needs tives of Indian organizations and the California Coun- Witnesses were asked to indicate ways in which cil on Criminal Justice. solutions to these problems could be proposed to vari- (b) A VISTA volunteer assigned to the Santa ous local, state, and federal agencies as well as private Rosa Rancheria in Kings County called in regard to organizations working in these areas. Anyone inter- fire protection on that rancheria. ested in presenting constructive ideas and suggestions Investigation revealed that there were two pumper for improving these conditions among the Indians was firetrucks available and that both were radio- welcomed by the commission. The transcript of the equipped. The state was also in the process of estab- hearings constitute a separate record. The following is lishing another fire station. Commission staff sug- a résumé of the testimony in the areas of concern. gested that since the station was to have a volunteer Education department, Indians might be interested in assisting. The local ranger assured the commission staff that he Testimony presented by Indians and educators would call on the Indians and VISTA volunteers with working with Indians had many similarities. All the purpose of improving both communications and agreed that the dropout rate among Indian students fire protection. was higher than that for students of other ethnic groups. 19 This phenomenon was examined in depth. (c) A group from southern California requested that the commission investigate inequities in connec- It was the general consensus of those who presented tion with Social Security claims. Confusion existed in testimony that, while there are individual differences, the recognition of Indian custom marriages which took children of Indian parentage generally start out well place prior to the state's assumption of civil jurisdic- in school and progress well with seeming acceptance tion in this area. and a good self-image through the first three or four grades. The Indian child, at about the fourth grade The commission staff assisted in drafting Senate level, becomes very conscious of the fact that indeed Bill 288 17 (Coombs) introduced on February 11, he is different, and some Indian children interpret 1969. The bill was signed by Governor Reagan May that difference as probably an inferior rather than 28, 1969, which clarified Indian custom marriages. superior difference and therefore mentally withdraws (d) The Susanville Indian Rancheria was devel- from school participation. oping a much needed playground for the use of all Some of the reasons mentioned for the child's with- children in the Susanville area. It was in danger of drawal at this time were: failure due to lack of funds for purchasing gasoline for the operation of heavy equipment operated by the (1) The study of American history begins in the National Guard unit of Susanville as a part of the fourth grade and text books do not always present a project. Senator John L. Harmer, chairman of the fair image of Indians. commission, was successful in obtaining gasoline for (2) Children about this age normally begin to the project.¹ 18 notice social differences; i.e., homes, clothing, etc. This withdrawal is defensive and may be ac- Hearings celerated by the teasing of other children or a lack of In addition to a public hearing held in Sacramento understanding on the part of teachers. The Indian for the purpose of discussing possible future legisla- child loses the incentive and the motivation to stay tion, the commission held five public hearings t with his education. throughout the state from May 24, 1969, through July Records indicate that Indian children are in no way 19, 1969, in Lone Pine, Clovis, Arcata, Los Angeles, less able academically than are other children. 10 See Appendix O. * The Big Valley Rancheria Analysis was reproduced in limited To decrease the number of Indian dropouts, school numbers. programs should be designed to make education more 17 See Appendix G. 18 See Appendix M. interesting and challenging for the students. This t Transcripts of the public hearings are available in limited numbers. 19 See Appendix P. 20 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS could be done in several ways. Some of the suggestions In-service training for teacher education in the area were: of Indian culture and history was suggested as yet (1) schoolbooks should be improved by presenting another means of improving education for Indians a more realistic account of Indian history and cul- and non-Indians alike. ture; From the time of the release of the commission (2) teachers should become informed concerning report in 1966 up to and including the present, much Indian culture and history; time and effort has been spent in attempting to have (3) capable students should be encouraged to pur- Johnson-O 'Malley funds * restored to California. Mem- sue higher education; bers of the commission introduced Senate Joint Reso- (4) courses should be offered at the adult education lution No. 3 21 in the 1968 legislative session. Follow- level or in regional occupational centers on the high ing the passage of SJR 3, several members of the school level in auto mechanics, plumbing, carpentry, commission called upon the President, Congressmen, sewing, home economics, and other vocational courses and others in Washington, D.C., in order to explain for two or three hours a day for those students who the need for California Indians to be included as have no desire to pursue higher education. participants in all federally funded programs for It was noted that the Indian student usually does Indians. The importance of the restoration of John- not drop out of school to take a job; he drops out of son-O 'Malley funds to California was a major ob- school because he has become apathetic about school. 20 jective of the delegation. A major problem is one of guidance and counseling. Our congressional delegation supported the request Most counselors are not able to communicate with of the California Legislature. To begin, however, the troubled Indian students because they do not under- Bureau of Indian Affairs feels that there should be stand their unique problems. The Indian youth fre- funds provided by the state to show the state's in- quently remains on the reservation for two or three terest. years without working. The problem then becomes The Department of Education has taken the neces- motivation for either school or work. sary steps in establishing a unit with the Division of The schools are responsible for issuing work permits Instruction to focus on the services related to Indian for students 18 years of age or less. Witnesses stressed education throughout the California public schools. the importance of the work permit to the Indian While Indians in any district are presumed to be youth for purposes of insurance coverage, to meet the eligible for the same services provided to other pupils, requirements of the child labor law, but principally, there appear to be wide differences in the quality of to have the student dropout maintain contact with the education between districts. Moreover, there are in- school and to enhance the possibility of involving the dividual and group differences between pupils, both student in continuation education. Concern was ex- advantaged and disadvantaged. pressed for the apparent lack of diligent followup A recent report by Mr. Wayne Pratt, consultant efforts on the part of many schools on behalf of the appointed by the Bureau of Indian Affairs to survey student dropout. the educational problems of Indian children, Indians and educators alike cited the need for confirmed the previous findings as presented to repre- changes in school textbooks. A factual presentation of sentatives of the Indian Advisory Commission by Indian history, Indian culture, and an appreciation of Indian representatives. the many valuable contributions made by Indian peo- The negotiations by the State Department of Educa- ple to the culture of America as a whole, would be a tion 22 with the Bureau of Indian Affairs for reestab- valid method of helping the Indian child develop a lishment of a Johnson-O 'Malley program in California positive self-image. It would also tend to teach the were conducted on the assumption that the state child that his being an Indian and his being different would show good faith by approving matching funds is a positive difference, not a negative one; something for the educational program. This was not accom- in which he can take pride; something which gives plished in budget year 1969-70. him reason to actually go on and excel. The following activities have been initiated by the The use of Indian teacher aides, Indian volunteers Division of Instruction (Bureau of Elementary and for tutorial purposes, and the use of Indians as Secondary Education), State Department of Educa- resource people in the schools were suggested as some tion, with respect to Indian education: of the ways by which the positive self-image of the (a) The initiation of a contractual agreement with child could be improved. Of crucial importance is the the Bureau of Indian Affairs to provide educational involvement of parents and other Indian adults in the services for Indians, specifically the hiring of a con- learning experience. A staff person such as the person sultant with related offices expenses. responsible for child welfare and attendance should be (b) The preparation of specifications for the above assigned this specific responsibility. The Indian stu- position. dent's interest in extracurricular activities and his need to be involved were cited as important factors in (c) The initiation of letters addressed to various maintaining his interest in school and assuring regu- Indian organizations and leaders soliciting their opin- lar school attendance. The lack of personal transporta- ions concerning the specifications, as well as possible tion for after-school activities makes this difficult or # Publication. A Johnson-O'Malley Educational Program for impossible for many Indian students. California Indians. State Advisory Commission on Indian Affairs, 1967. 21 See Appendix R. 20 See Appendix Q. 22 See Appendix S. FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS 21 names of candidates who meet the necessary educa- media. Copies of the policy 23 statement shall be tional requirements. available at the district office of each school. (d) Proposed guidelines for the functioning of an Indian advisory committee. Public Health (e) Budget preparation forms for the 1970-71 year The general health of Indians who live in the rural at which time it is hoped that the state will match the areas of California is of grave concern to the commis- contribution of the federal government. sion. Great emphasis was placed upon the value of Head Recent information derived from witnesses who Start programs as a means of benefiting Indian and testified at public hearings conducted by the commis- other socially deprived children. The ability of the sion and from the State of California vital statistics student to learn to enjoy the educational experience records representing urban as well as rural Indians, at an early age was suggested as a prime factor in pre- indicate that there has been little improvement in venting student dropouts at a later date. Indian health in the past decade. A felt need in the field of education was for teachers Indian children born in California today have a to have a more accurate knowledge of Indian history bleak future to look forward to and culture. (Arizona State University has a six-week (1) Since 1955, when the federal Indian health summer session for this exact purpose.) The Indian program was terminated in the state, the health of people's historical and cultural contributions to California Indians has deteriorated in communicable America and the world are largely unknown, ignored, diseases, as well as in chronic diseases. The preventive or distorted. Teacher in-service training programs health practices of the Indians are probably two which would involve Indians and well-informed In- generations behind those of the population as a whole. dian educators would do much to alleviate this situa- (2) Attack rates are high. The death rate from tion. The advantage of getting diversified Indian in- influenza and pneumonia is more than twice that of volvement in order to obtain the widest possible the total population; tuberculosis, six times; accidents, knowledge and skill was advocated. four times; and congenital malformations, 1.7 times. Free school lunches for Indian children was a mat- (3) Isolation plays a major role in Indians not ter of grave concern to many people. Testimony was obtaining medical care and this isolation is economic, presented at all of the hearings on the inadequacy of geographic, social, and cultural. the free school lunch program available to Indian (4) Housing and environmental conditions are un- children or the inability of some Indian children to believably bad. Ninety percent of homes need replace- participate in a free lunch program in some areas. ment or major repairs; 50 to 70 percent of sewage There appeared to be a misunderstanding concerning disposal facilities are unsanitary; 38 to 40 percent of which agency or district was responsible for providing homes use water from contaminated sources; 40 to 50 the program as well as a lack of understanding by percent of all Indian families must haul water under some departments concerning the rather obvious need unsanitary conditions. of the Indian children for the program. Basic policies (5) Family conditions require improvement. Sev- regarding school lunches are determined by the gov- enty percent of Indian families earn less than $3,000 erning boards of local school districts. annually. Families are large (average size, six per- Following the hearing held in Lone Pine, the dis- sons), and living quarters are crowded. Indian fathers are unskilled or semiskilled and the work available trict policies regarding free or reduced school lunches were reviewed. Of the four school districts (in the to them is generally seasonal or intermittent. Indian Lone Pine area) participating in the program, three mothers do not obtain adequate prenatal care. Life districts had acceptable approved policies and one expectancy is short. The average age at death for (Bishop) did not. Indians is 20 years less than the average for all Californians. Eating habits are poor and diets un- The guidelines for school lunches were developed in balanced. Health care is not obtained on a timely basis conjunction with the State Departments of Social Wel- and little preventive medicine is practiced. fare and Education. The weakness in the program Physical, geographic, financial, and cultural isola- appeared to be in the area of communications. With tion are all problems which work against the Cali- the publishing of the new requirements of the Depart- fornia Indians in obtaining needed health care, and ment of Agriculture, policies were improved SO as to the delay in seeking or obtaining preventive care state how the information regarding school lunches and early treatment of sickness often result in second- will be disseminated. ary conditions and in acute and prolonged illnesses The school lunch program policies in the four dis- with more likelihood of fatality or permanent hand- tricts are now approved and contain the following icap. Because of this the Indian can expect an average statements: hospital stay of two and one-half times that of more (a) Parents of pupils who are denied a request affluent Californians. for free or reduced price meals may appeal through The health status of the American Indian in Cali- regular administrative channels. The final decision fornia is measurably worse than that of the average rests with the board of trustees. Californian, and the obvious implication of all avail- (b) Parents shall be informed of the district's able data is that Indians in California do not use or free or reduced price meal policy through each obtain health services or use existing health facilities school's regular newsletter or through the news See Appendix T. 22 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS in their respective communities to any degree approx- Indians proposed that innovative educational ap- imating that to which these services and facilities are proaches be utilized to help the Indian people attain used by the population as a whole. If they did better health. Public health agency personnel should increase use, the medical resources currently available be encouraged to give lectures and seminars for In- would be inadequate. dian people on reservations on phases of health such as diet, diet habits, sanitation, prenatal care, and other Rural Health-Summary of Public Hearing Testimony subjects of concern. By educational seminars it was Detailed health statistics for the state's Indian pop- thought that tribal councils could learn the value of ulation are not obtainable because of the dearth of establishing minimum standards for sanitation facili- reliable information on the subject. Many witnesses ties and be prepared to exert Tribal Council influence appearing before the commission at the public hear- for the health benefits of the Indians they represent. ings presented testimony concerning the specific The use of multiphasic screening units and mobile health problems besetting individual Indians in the X-ray clinics on the reservations throughout the state areas in which they are familiar. The similarity of the was one of the methods suggested for gathering infor- health problems as discussed by witnesses from widely mation on Indian health needs. For definitive health separated areas created the impression that when an programming for the future, the commission recom- intensive study is finalized, health problems of rural mends that the State Department of Public Health Indians in California will be found to be similar to investigate and initiate such a program if it is found those previously reported. feasible. It was stated that Indians frequently are plagued by chronic diseases, live remote from hospital and It was recommended by some Indian witnesses that clinic facilities, and are usually without reliable trans- Indian students be recruited to enter the educational portation. Patients needing treatment for these ail- fields of medicine, nursing, nursing aides, dietetics, ments are thus thwarted. Local clinics and nursing sanitation, and allied health fields and that the federal services, it was felt, should be provided for Indian and state governments create health scholarships to people. encourage Indian students to take these courses. An equal concern was expressed for the lack of Testimony revealed that food distribution centers dental care readily available for children and adults. were difficult for poor Indians to reach. As one witness The procedures and travel required just to determine testified, 'Commodity programs are for the poor, but eligibility for dental services frequently excludes In- poor people are often too impoverished to get to the dian people from participating in even "free" pro- centers. The commission recommends that surplus grams. Those who need the services are, too often, the food distribution centers be located in the proximity same people who cannot afford the means to travel to of the intended recipient whenever possible. the origin of the services. A permanent mobile dental Between 1955 and the present no state funds were clinic to provide services for rural Indians was sug- made available to continue any of the federally ter- gested as one means of overcoming this difficulty. minated health services and the health of California's Lack of domestic water and sanitation facilities in Indians has deteriorated. The total federal appropria- the homes was described as a major contributing tion for Indian health programs in other states, how- factor to poor health and poor health habits. Wit- ever, has increased. The total of these moneys for the nesses criticized the slow pace of the responsible agen- current three-year period being: cies in installing needed facilities. The development of 1967-68 fiscal year $84,835,268 potable water for Indians residing on federal ran- 1968-69 fiscal year $94,282,171 cheria and reservation trust lands is the responsibility 1969-70 fiscal year $99,581,000 of the United States Public Health Service, as is the responsibility for the installation of sanitary facilities. From a total United States Indian health budget for The U.S. Public Health Service level of service in fiscal 1965 of $24,549,125, the funds expended for California is governed by federal funding provided to California Indian health was $420,000. Using the same meet these service needs. The need for prompt devel- ratio, without taking into account the large increase opment of potable water piped into the homes is SO in the state's Indian population, California's share of great as to be judged critical in most rural areas. the 1969-70 appropriation should be $1,693,000. If the Indoor sanitary facilities are often substandard or distribution of these funds were on a per capita basis, completely lacking. Indians of California stated that California, with one-sixth of the nation's Indian popu- they believe they should be eligible to participate in lation, would be entitled to over $15,000,000. all federally funded programs for Indians on the same There are many services in the field of health, basis as Indians in other parts of the United States. education, and welfare, which are provided by state Many of the critical environmental health needs of and local tax-supported agencies and by voluntary California Indians could be corrected promptly by an agencies. These are available, on request, to Indians affirmative federal response to this request. The neces- as well as to other residents of the State of California. sity of finding a means to provide efficient mainte- Many of the governmental representatives who tes- nance for water and sanitation facilities, once in- tified at the hearings indicated a readiness to provide stalled, was discussed and the conclusions reached are some extra effort to help Indians participate in avail- included in the discussion of the Indian Health able programs in the areas of health, education and Project report. welfare. FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS 23 However, some special effort from within the Indian Demonstration Health Project community is apparently needed to assist the Indians In 1967 the Bureau of Maternal and Child Health in overcoming their conditioned reluctance to use of the State Department of Public Health undertook many of the available tax-supported programs. At to initiate a pilot project specifically directed toward least for an initial period, some concentrated field the improvement of Indian health. A commitment of outreach might be necessary, including Indian com- $245,000 to the State Department of Public Health by munity aides and related positions. the United States Public Health Service, Indian Indians are asking for the return of federal pro- Health Service, was made to conduct a one-year rural grams for Indians in education and health. However, Indian demonstration health project 24 in nine rural because they are also requesting full participation for areas. Additional funds were received to continue the Indians in determining the scope, content, and con- project at the existing level for an additional six duct of these programs, the request is not merely for months, until June 30, 1969. These funds are subcon- a return to the traditional federal programs which are tracted to Indian tribal organizations who administer available to Indians in other states. Rather, they are the nine health projects. requesting that a new methodology be developed In the original application to the U.S. Public which would utilize restored federal funds in specific Health Service funds were requested for one employee programs for Indians in which they can participate at the state level who would be a field coordinator to fully. Provision should be made to develop necessary assist with the approved four projects. Nine projects administrative and research skills S0 that Indian par- were actually funded and consequently the field coor- ticipants may become more involved in directing these dinator has had to spread himself very thinly over all programs. At the same time, efforts must be made to nine projects because there were no additional funds maintain the programs at high-level quality. for additional state-level support personnel once the Most federal programs in other states have, as a nine projects were funded. Other state staff assisted, matter of policy, insisted on the full participation of but they also had full-time program commitments, and Indians in the planning and implementing of services. could not continue such support indefinitely. Indians of other states who enjoy a wide variety of The local projects supported by these demonstration health programs because of their status as Indians funds were of limited scope, stressing Indian partici- have shown a marked improvement in their longevity pation and control. Indian health aides, employed by and environment. their tribal organization, were used to provide com- In order to achieve this type of program it would munity health education and assistance for isolated be necessary to spend some time and effort developing rural Indians to obtain health services generally avail- methods most acceptable to the Indians which would able in each community. With the help of these aides, allow for full Indian participation, and would provide Indian communities have also been successful in devel- high-standard programs. oping new areas of direct services such as dental and medical clinics staffed by volunteer doctors and den- The health problems of California Indians have now tists. received the attention of the United States Public Health Service in Washington, D.C. An Indian Health In one area the project staff has transformed an old Service Office was established in Sacramento in Au- reservation jail into a dental clinic, where volunteers gust 1969, and Mr. Robert C. Gillespie assumed the from Loma Linda College of Medical Evangelists hold responsibilities of director. A letter dated August 20, a free monthly dental clinic, treating up to 50 patients 1969, signed by Charles S. McCammon, M.D., Medical per session. Of the persons receiving this care, many Director, contained the following information: have never been to a dentist before. "Until this newly created field office is fully staffed On another reservation, the project staff decided to and programmed, Mr. Gillispie will evaluate the improve environmental sanitation conditions. In a health status and health needs of California Indians joint effort supported by the Tribal Council, the State and coordinate the development of a plan to meet the Department of Public Health, the Indian Health health problems and needs of the Indian people of Project, the Office of Economic Opportunity, and the California. He will represent the Indian Health Ser- State Department of Employment, a community vice in meetings with the Indian people, the Bureau cleanup campaign was initiated. Two dump trucks of Indian Affairs and other official agencies. His were donated; metal drums were donated for trash cans and distributed to each home on the reservation duties do not include the conduct of the Sanitary Facilities Construction Program (PL 86-121), which a dump site was located, and several pickups were remains under the assistant area director for environ- made. The result was a cleaner, healthier community environment. mental health, Phoenix. His geographic area of re- sponsibility will correspond to that of the Bureau of One project assisted 10 potential high school drop- Indian Affairs, Sacramento area." outs in transferring to the Sherman Indian High School which is operated by the Bureau of Indian An important consideration not yet mentioned is Affairs in Riverside County. Nine of the 10 have now that the state has a mandate under the federal Social finished one year and have enrolled for 1969-70. Security amendments to extend public health serv- Several have won honors in sports, and several are ices to all parts of the state by 1975, with special considering going on to college. emphasis on rural areas and poverty groups. 24 See Appendix U. 24 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS In another multiorganizational effort, staff of the Legislature passed and the Governor signed SB 1397, Bureau of Maternal and Child Health and of the rural providing state funds to support a core unit in the Indian Health Projects assisted the Inter-Tribal Department of Public Health for continuing the effort Council in conducting precamp physical examinations started in the Indian Health Project. It is expected for about 500 Indian boys from all over the state SO that SB 1397 will serve the same purpose as similar that they could spend a week at Boy Scout 'Camp legislation in 1961 did in establishing a program in Mataguay" in San Diego County this past summer. the department for the promotion of health services Members of the California Chapter of the American for seasonal agricultural workers. Since 1961 the State Academy of Pediatrics performed the physical ex- Department of Public Health has received a small aminations as volunteers. state appropriation for this purpose. This appropria- Overall the projects have been instrumental in sav- tion averages around $100,000 per year; and this has ing several lives by assisting people to obtain care on served as "seed money" for much larger federal a timely basis, from a newborn infant with a congeni- funding. In 1968-69 the federal share amounted to tal heart defect who is now receiving intensive care approximately $1,000,000, and this amount was in- in a San Francisco hospital to older people with creased to $1,500,000 in 1969-70. seriously acute or chronic conditions. The passage of SB 1397 demonstrated the commit- The projects have also been successful in conducting ment of the state to improving Indian health and community health education campaigns for the dis- serves as a means to make federal health programs semination of information to the Indian people on available on a more permanent basis. The State such topics as tuberculosis, diabetes, arthritis, family Department of Public Health is at present the only planning, personal hygiene, prenatal care, child care, organization with the potential of serving as catalyst and dental care. for Indian health between the federal and state gov- An application for federal 314(e) comprehensive ernments. health planning funds has been prepared, is being SB 1397 provides the state with staff to give the reviewed by the various participating Indian tribal additional assistance requested by all the local proj- organizations, and will be submitted to a national ects over the past year. It also provides the staff time review committee in November of this year. The proj- required to call a meeting of the Departmental Rural ect, if funded, will run for five years, creating em- Indian Advisory Committee, which has not yet met ployment for as many as 65 Indians, and providing even though it is now in its second year. This commit- comprehensive health services in nine rural Indian tee is made up of the nine tribal chairmen of the areas of the state. projects and three California health leaders. A separate proposal is under development which will provide training and employment for Indian Water community sanitation aides to maintain water and The availability of potable water is SO closely con- sewage systems installed by the U.S. Public Health nected with health and good health habits that in Service. Over the past six to seven years almost a order to attain either a safe, plentiful water supply million dollars have been an spent for these systems, in the home is a requirement. Having potable water without any provision for organized maintenance pro- piped into the home was a concern which vied in gram being proposed until now. importance with the Indian Health Project among Indian witnesses for a first-priority concern of health. Indian Health Project Witnesses testifying at the hearings conducted by Of all testimony given before the commission in the the commission stated that many rural Indian homes rural areas, the health project was of the highest are without water, even at the present time. The water priority. Training of health aides and sanitarian aides for drinking and household use must be hand-carried is included in the project proposal. It was suggested in some areas and transported considerable distances that the project proposal should include training for by car in others. Even so, the source of water supply the Tribal Council members who will be the local is often unsafe. administrators of the program. Permanent health and At the time rancherias and reservations were ter- dental clinics were deemed a necessity due to the minated by the federal government under the provi- poverty of the Indians in need of health services, sions of the Rancheria Act, some areas had no water condition of the roads in winter, and the distance at all; some areas did not have safe drinking water, from existing health centers. The project could be and others had an insufficient supply of water. During improved, in the estimation of many Indians, by the the termination process the water systems, when in- assurance of continuous funding and by some im- stalled or improved by the United States Public proved method for prompt payment of salaries. Health Service, were usually not developed to the With this goal in mind, the commission, on April minimum standards recommended by local or state 29, 1969, voted to support Senate Bill 1397 introduced departments of public health. by Senator Moscone. The newly installed or improved domestic water One of the first steps required for the restoration systems were then entrusted to a superficially in- of federal funds to California for Indian health was structed or totally untrained Indian people for com- the demonstration of good faith on the part of the plete maintenance. The result of not providing funds state that it was interested in playing an active for maintenance of the water systems was a "built-in" role in the improvement of Indian health. The 1969 fault in the program for California Indians. Since FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS 25 competent maintenance of any water system is essen- helping them qualify for some of the existing pro- tial, the failure to provide funds for proper mainte- grams. Generally speaking, however, Indians are not nance indicated that most of the systems would fail familiar with the complexities of setting up a housing in their purpose. authority, and no meaningful effort has ever been The installation of domestic water systems and made to familiarize them with the process. sanitation systems on Indian land held in trust by the federal government is a responsibility of the United Employment States Public Health Service. The authorization was Witnesses testifying at the public hearings on the conferred upon the Surgeon General by Congress in subject of employment remarked upon the difficulty 1959 by the Rancheria Act. of obtaining demographic information. Information is Some witnesses testified that they were encouraged lacking because the law specifically prohibits the col- to accept termination by some Bureau of Indian lection of ethnic data on a job applicant. The wit- Affairs personnel as the only way to get on the nesses also testified to the high degree of unemploy- priority list of the U.S. Public Health Service for the ment among the Indian people. From the information installation of vitally needed water systems. which was accumulated it would seem that the Cali- fornia Indian has made very little progress in the Some terminated Indians had no understanding areas of income and employment in the past few years. when they agreed to terminate, and when they ac- In response to a commission request for information cepted title to their individual parcels of property regarding unemployment from the Fair Employment that they not only would be required to pay taxes, Practice Commission, Mr. David Barkley, consultant, (from the date the deed was recorded by the Bureau Affirmative Action, wrote in part: of Indian Affairs) but also would have their lands " As you are probably aware, it has been subjected to the same codes, zoning, sanitation laws, extremely difficult to obtain current information re- and other environmental privileges and limitations garding Indians in this state. The statistics noted in which applied to similar land in the area. This unfor- this letter will by no means reflect an accurate evalua- tunate misunderstanding resulted in losses for many Indians. tion of the Indian community, but only the responses of a portion of the community. The greatest tragedy, however, was that in accept- In the area of employment, of those responding to ing termination, the adults responsible did in fact our survey, 29.3% indicated they were employed full- disinherit future generations of their families not only time, while 44.8% stated they were employed part- in land and federal services, but also in the identity time or held seasonal jobs. of their tribal affiliations, which is primarily land based. "Nearly 20% stated they were receiving either county welfare, Social Security, disability insurance, Housing or some type of financial assistance. The county wel- Indians and others testified at the commission hear- fare director (Inyo) had indicated to me several ings that rural Indian housing is generally substand- months ago that although the Indian population ard, and in many instances deplorable. In many fed- represents only 10 percent of the total county popula- eral programs for home improvement, or home tion, they represented approximately 33% of the total building, the Indian or the tribe is unable to qualify welfare caseload. Apparently, there are no accurate for assistance for many reasons; the trust status of the statistics regarding the Indian unemployment rate, land, the scattered home sites, and the poverty of the but the office manager of the Bishop employment office people being but a few. Indian veterans living on has indicated the rate is considerably higher than for reservations or rancherias are unable to obtain Cal- Caucasians. Vet loans for homes due to the trust status of the land. " In the area of income, 63.7% of those responding Indian health is affected by improper housing, im- to our survey indicated they received less than $3,- proper water and sanitation facilities, and improper 000.00 last year. Approximately 75% received less protection from the elements. than $5,000.00. These figures seem to coincide with the The commission and staff have met with federal statistics indicated in American Indians in Califor- agency representatives in an attempt to solve some of nia", wherein the large segment of Indians in this these problems. An attempt is now being made in state receive the lowest incomes. I would imagine this Washington by some of the federal agencies to write pattern is consistent throughout the state. It is inter- more flexibility into the programs SO that Indians of esting to note that 17.2% reported income over $6,- California can qualify for some of the much needed 000.00, but no one indicated they earned over $10,- federal programs. 000.00 a year. Federal agencies, in order to provide funds for All of these statistics seem to be consistent with Indian housing, must provide funds and services my findings in the area. Indians seem to have a con- through a housing authority. A number of tribes have siderably higher unemployment rate than Caucasians, tribal councils which are legal entities and could and those that are employed generally hold the most therefore form housing authorities. Some tribes are menial classifications. Initially, there were no Indians not SO organized. A housing authority through which employed in public-contact jobs, except one with the the Indians could work would be of great assistance in "American Indians in California," published by State of Call- fornia, Dept. of Industrial Relations, Division of Fair Em- 25 See Appendix V. ployment Practices, San Francisco, November 1965. 26 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS Department of Water and Power, but recently Safe- convincing employers to locate businesses on or near way Market and Bank of America both have hired the reservations. Indians in the City of Bishop. I have also been ad- The statistics available for northwestern California vised that the Bank of America recently hired an In- are substantially the same. 26 Indians who testified dian lady in their branch in Ukiah. stated that they would agree with the statistics on Again, I must emphasize that these statistics rep- unemployment which were furnished by the commis- resent only the responses of a small segment of the sion. community, although surprisingly, the results appear The Bureau of Indian Affairs administers a Voca- to closely approximate the statistics noted from the tional Education Program in California, and a limited 1960 census. If this is true, the American Indian in number of California Indians are eligible to partici- California has made little progress in the areas of pate depending upon available openings. A further education, income, and employment, in spite of the limitation is placed upon California Indian participa- fact that this country and state is experiencing pros- tion in this program since federal services are applica- perity never before known." ble only to those California Indians living on or Mr. J. Royce Cooper of the State Department of near" reservations. Employment, Escondido office, furnished the follow- The State Department of Employment initiated a ing: program in 1967 in which they recruited Indians for We have the responsibility for serving all 14 an outreach, community employment program. Fif- Indian reservations in the county, even though they teen Indians employed by the Department of Employ- are not all located within our area. ment work out of district offices of the department "Based on our most recent statistics, the total labor as employment community workers assisting the Indi- force in this area is approximately 22,000. The unem- ans in obtaining training and meaningful work. The ployment rate for the entire county is 3.5 percent. MDTA (Manpower Development Training Act) has There is no separate figure for the Escondido area, but been used advantageously by these community work- it is believed that this would not vary materially from ers in order to secure training for some Indians. the county figure. "There are approximately 1,700 Indians living on There is currently an MDTA project underway the 14 reservations in San Diego county. Of this which is being taught on-site on one reservation. This number, approximately 424 are considered attached project was undertaken at the request of several of to the labor market. Three hundred forty-five are the reservation chairmen in order to train Indians employed and 79 are unemployed. Some of those who residing there in construction, operation, and mainte- are employed, however, are employed only part-time; nance of recreational campsites. The program is and some, of course, are underemployed. These figures administered by Palomar Junior College, and it is show, then, that 18.5% of those attached to the labor hoped that the Indians who complete their training on market are unemployed. We have no figures available the reservations can be employed by the tribes. Their on the precise number of Indians residing in the plan, as outlined to the commission, was to have urban communities, SO there are no unemployment people trained SO that they could develop campsites figures available on these. on the reservations which would be properly built and "The most serious problem that we have in placing operated and would be appealing to the general pub- these people on jobs is their lack of transportation and lic. Public use of these campsites would result in revenue for the tribes. the distance that they live from the urban communi- ties where the jobs are located. The major manufac- A number of employment community workers tes- turing industry in our area is electronics, with two tified that they believe the criteria for establishing very large firms and several smaller ones located in eligibility to participate in the MDTA program was the vicinity. All of these firms are presently expand- unrealistic. They offered several other suggestions for ing their work force and have plans to greatly in- improving the program SO that more Indians could crease their number of employees in the near future. benefit. Some of their suggestions were (a) allow an It is felt that many of these people on the reservations adequate living allowance; (b) change the income who need and want jobs could be utilized in this criteria because the present standards are too low; (c) industry. We feel that the major problem that we make use of schools closer to the trainees' homes in have is not a lack of jobs nor a lack of interested order to avoid disruption of family life; (d) provide applicants, but rather, how to get the two together. more vocational training at the applicant's pace, in Many of these people residing on the reservations better vocational training schools; (e) allow funds for would have to travel approximately 30 miles in order buying tools which are needed for full employment in to work in our industries. As they do not have suitable a trade; and (f) provide a one- or two-week orienta- transportation, it is obvious that this is our major tion course and indoctrination at the new location for problem. trainees before starting their vocational training. "We must conclude from the information that we The key to the solution of the Indian problems, have that the solution to getting the Indians in our whether in the areas of education, welfare, health, or community employed in meaningful employment that living conditions, lies in the development of the em- will bring them above the poverty level can only be ployment potential of Indians and in the economic done by (1) furnishing them with transportation; (2) development of their land resources. having them move to the urban communities; or, (3) 26 See Appendix W. FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS 27 FULL REPORT-URBAN The Los Angeles Indian population has been guess- would be independent of the bureau. The Indians timated as being somewhere between a low of 20,000 believe that a center would be ineffective if it were to a high of 50,000. Some sources have claimed a operated by the bureau or other governmental agency, population as high as 75,000 Indians in the Los because the Indian people have become distrustful of Angeles area. Bureau of Indian Affairs' statistics governmental agencies, but primarily because the show that more than one-half of all Indians relocated Indian people want greater Indian involvement and by the bureau program have been settled in Cali- self-determination. They need assistance and funding, fornia. as well as professional and technical help. In one interesting population comparison. using a The envisioned center would provide health ser- nationwide population figure of 600,000 Indians, of vices, job referrals, job training, library services, cul- which 400,000 live on reservations and 200,000 are tural programs, and a multitude of other services. It considered urban Indians, it was shown that 10 to 25 has been argued that these types of services are percent of the total U.S. urban Indian population already provided by various other agencies. However, resides in Los Angeles. An additional 20,000 to the record shows that the services are not effectively 30,000 Indians live in the San Francisco, San Jose, utilized by the Indian community and a different and Oakland areas. The impact of such a large Indian approach is necessary. It is argued that the Indian population. deficient in areas of education and job who is in need of help needs a friendly face, but to skills, is of serious consequence to the local resources. an Indian a friendly face is an Indian face. For the It is known that the Indians are relatively numer- agencies to be effective, Indian aides should provide ous in Los Angeles, but their actual count is unknown all possible services. The Indians envision a center and in developing programs it would be beneficial to which would provide necessary services using Indian know how many Indians there are in Los Angeles. aides, with the assistance and cooperation of existing Also, population figures are necessary for financial federal, state, and local agencies. assistance from the federal level. It can well be argued Problems in the education of the urban Indian have that problems relating to the relocated Indians are some of their roots at the reservation level. Within the federal problems. urban setting the Indian students present no visual There are numerous Indian organizations in the Los academic problems, but the record shows that some- Angeles area, one of which has been in existence since thing is lacking within the system. The present state- 1935. Two of the organizations have meeting places mandated ethnic surveys are "visual-basis" surveys with permanent addresses. The other organizations and the educators do not always recognize the Indian meet at members' homes or at other convenient loca- in the school. Therefore, how well he achieves in school, tions. All organizational operations are handicapped how well he assimilates, how well he stays in school, by lack of funds which in turn results in inadequate or what happens to him when he leaves school is often staff, facilities, and programs for serving the Indian unknown. When an Indian student needs help the population. school system may not be aware he is an Indian and Although in several instances the Indians have been needs a specialized type of counseling. After he has criticized for lack of leadership, unity, and organiza- become an unfavorable statistic, it is too late; the tion, Indian groups have united in presenting their damage has been done. problems to various governmental officials and they The Indian students coming to the Los Angeles have testified at numerous hearings in attempting to schools are entering into a completely new and strange gain support for solving their problems. situation, and their apprehension is understandable. In December 1968 the National Council on Indian Many of the students are weak in their usage of the Opportunity held hearings in Los Angeles, and at that English language. The fact that their cultural back- time Los Angeles Indian leaders presented their prob- ground may be in opposition to the new culture often lems. After the hearings a number of the Indian creates problems both in the home and in the school. representatives met to discuss the possibility of form- The cultural conflicts may cause problems in as- ing a central organization of all the existing Indian similating subject matter. One problem is that they groups. Out of these discussions came the birth of the are many times quiet and shy; their problems remain- United American Indian Coordinating Council. The ing under the surface and never being identified until council is composed of one member from each of the it is too late. existing Indian organizations. It hopes to answer the The adult student has many of the same problems. criticisms of lack of unity, organization, and leader- However, his education is vocationally oriented. Thou- ship within the Indian community by presenting a sands of Indians are said to have been trained as united front. welders when there is a limited demand for welders. It By working together as one organization the council has been suggested that an arbitrary intelligence ceil- hopes to be more effective in obtaining programs and ing apparently has been placed on the Indians' ability. projects for the individual groups as well as providing School officials see a need for closer cooperation strength in their united position. between the State Department of Education and local The Indian leaders see the need for a multipurpose schools in the field of Indian education. It has been facility to house their activities; a center which could indicated that the state should establish methods of cooperate with the Bureau of Indian Affairs, but exchanging information between the schools and the 28 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS State Department of Education for the development of grams for them. In addition to lack of funds, another programs and in-service training, for the selection of handicap is that school officials do not have access to textbooks and for solving problems in other areas. information on which to base projections of future In- School officials state that available resources are far dian enrollments. State assistance is requested in this from adequate to meet the special educational needs area of concern. of disadvantaged youngsters. Limited state and fed- eral funds have helped, but have not been sufficient Conclusion to accomplish what needs to be done. Federal funds The State Advisory Commission on Indian Affairs from Public Law 874 are now restricted in their use urges the various federal, state, and local agencies to to schools close to reservations impacted by Indian make every effort to take advantage of the extensive students or to schools impacted by students residing information in the final report of the State Advisory on other federal property. Commission on Indian Affairs, 1969. There are no "visible" programs for Indians in the The commission acknowledges with deep apprecia- Los Angeles public school system, even though there tion the interest which has been shown in its work by is considerable federal moneys (i.e., millions of dol- widely divergent groups many of whom testified at the lars) allocated for the culturally and educationally hearings. Many others, through correspondence and disadvantaged. supplementary reports, have greatly added to the Indications are that there will be a steady increase commission's knowledge of these most intricate prob- in Indian students coming to the California urban lems. The commission is also grateful for the whole- areas. School officials indicate that advance planning hearted cooperation it has received and is deeply is vitally necessary to accommodate expected con- indebted to officials of the various departments of the tinued migration of Indian students to the urban State of California who provided expert opinions and areas, in order to develop proper educational pro- assistance to the commission. ADDENDUM LAWSUIT FILED AGAINST THE STATE ADVISORY COMMISSION ON INDIAN AFFAIRS On April 25, 1969, the commission and its mem- and was eventually settled by a decision of the Court bers were sued by the California Indian Education of Appeal, Third District. This decision, which has Association and others (who had as their attorney since been published, held that Legislators are immune California Indian Legal Services) in an effort to from civil process during the legislative session in establish the applicability of the state's "open meet- accordance with Article IV, Section 14, of the Cali- ing" and 'public record" laws to the meetings of the fornia Constitution. commission. The commission agreed that these laws applied to it, but denied that it had violated either Meantime, the original suit in the Superior Court of them in the past. had been held in abeyance. Not long after the decision During the initial legal maneuvering which fol- of the Court of Appeal became final, the commission lowed, a related issue developed concerning the im- itself went out of existence. As a result, the Superior munity of legislators from civil process. This issue Court suit was dismissed as moot on November 24, blossomed into a full-fledged lawsuit in its own right, 1969. No trial on the case ever took place. APPENDICES and FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS 31 APPENDIX A braska, and those members of the Chippewa Tribe who are on the Turtle Mountain Reservation, N. Dak. It is Assembly Joint Resolution No. 38 further declared to be the sense of Congress that, upon Relative to the termination of authority of the Bureau of the release of such tribes and individual members Indian Affairs in California. thereof from such disabilities and limitations, all Filed with Secretary of State, June 15, 1953. offices of the Bureau of Indian Affairs in the States WHEREAS, American Indians, who are citizens of the of California, Florida, New York, and Texas and all United States of America, generally remain subject to other offices of the Bureau of Indian Affairs whose numerous restrictions on their activities, particularly primary purpose was to serve any Indian tribe or with respect to land transactions, promulgated and individual Indian freed from Federal supervision enforced by the Bureau of Indian Affairs; and should be abolished. It is further declared to be the WHEREAS, The Bureau of Indian Affairs has out- sense of Congress that the Secretary of the Interior lived its usefulness, though its employees, understand- should examine all existing legislation dealing with ably alarmed by the prospect of unemployment, regu- such Indians, and treaties between the Government of larly engage in strenuous efforts for self-perpetuation the United States and each such tribe, and report to in office; and Congress at the earliest practicable date, but not later WHEREAS, The State of California is able to provide than January 1, 1954, his recommendations for such for the well-being of American Indians, as it does for legislation as, in his judgment, may be necessary to other citizens, by laws of general applicability; now, accomplish the purposes of this resolution. therefore, be it Attest: LYLE O. SNADER, Resolved by the Assembly and Senate of the State Clerk of the House of Representatives. of California, jointly, That the Legislature of the Attest J. MARK TRICE, State of California respectfully memorializes the Secretary of the Senate. President and Congress of the United States to take such steps as are necessary to effect a termination of APPENDIX C the authority of the Bureau of Indian Affairs, particu- larly in the State of California and be it further Public Law 280-83d Congress Resolved, That the Chief Clerk of the Assembly is Chapter 505-1st Session hereby directed to transmit copies of this resolution H. R. 1063 to the President and Vice President of the United States, to the Speaker of the House of Representa- AN ACT tives, and to each Senator and Representative from To confer jurisdiction on the States of California, Minnesota, California in the Congress of the United States. Nebraska, Oregon, and Wisconsin, with respect to criminal of- fenses and civil causes of action committed or arising on Indian reservations within such States, and for other purposes. APPENDIX B Be it enacted by the Senate and House of Represen- tatives of the United States of America in Congress House Concurrent Resolution 108, assembled, That chapter 53 of title 18, United States 83d Congress, 1st Session Code, is hereby amended by inserting at the end of AUGUST 1, 1953. the chapter analysis preceding section 1151 of such Whereas it is the policy of Congress, as rapidly as title the following new item: possible, to make the Indians within the territorial "1162. State jurisdiction over offenses committed limits of the United States subject to the same laws by or against Indians in the Indian country." and entitled to the same privileges and responsibilities as are applicable to other citizens of the United States, SEC. 2. Title 18, United States Code, is hereby to end their status as wards of the United States, and amended by inserting in chapter 53 thereof immedi- to grant them all of the rights and prerogatives ately after section 1161 a new section, to be designated pertaining to American citizenship; and as section 1162, as follows: Whereas the Indians within the territorial limits of "§ 1162. State jurisdiction over offenses commit- the United States should assume their full respon- ted by or against Indians in the Indian country sibilities as American citizens: Now, therefore, be it (a) Each of the States listed in the following table Resolved by the House of Representatives (the shall have jurisdiction over offenses committed by or Senate concurring), That it is declared to be the sense against Indians in the areas of Indian country listed of Congress that, at the earliest possible time, all of opposite the name of the State to the same extent that the Indian tribes and the individual members thereof such State has jurisdiction over offenses committed located within the States of California, Florida, New elsewhere within the State, and the criminal laws of York, and Texas, and all of the following named such State shall have the same force and effect within Indian tribes and individual members thereof, should such Indian country as they have elsewhere within the be freed from Federal supervision and control and State: from all disabilities and limitations specially applica- "State of Indian country affected ble to Oregon, the Menominee Tribe of Wisconsin, the California All Indian country within the State Potowatamie Tribe Indians: The Flathead Tribe of Minnesota All Indian country within the State, Montana, the Klamath Tribe of Kansas and Ne- except the Red Lake Reservation 32 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS Nebraska All Indian country within the State munity that is held in trust by the United States or Oregon All Indian country within the State, is subject to a restriction against alienation imposed except the Warm Springs Reser- by the United States; or shall authorize regulation of vation the use of such property in a manner inconsistent with Wisconsin All Indian country within the State, any Federal treaty, agreement, or statute or with any except the Menominee Reservation regulation made pursuant thereto; or shall confer (b) Nothing in this section shall authorize the jurisdiction upon the State to adjudicate, in probate alienation, encumbrance, or taxation of any real or proceedings or otherwise, the ownership or right to personal property, including water rights, belonging possession of such property or any interest therein. to any Indian or any Indian tribe, band, or com- (c) Any tribal ordinance or custom theretofore or munity that is held in trust by the United States or hereafter adopted by an Indian tribe, band, or com- is subject to a restriction against alienation imposed munity in the exercise of any authority which it may by the United States; or shall authorize regulation of possess shall, if not inconsistent with any applicable the use of such property in a manner inconsistent with civil law of the State, be given full force and effect any Federal treaty, agreement, or statute or with any in the determination of civil causes of action pursuant regulation made pursuant thereto; or shall deprive to this section. any Indian or any Indian tribe, band, or community SEC. 5. Section 1 of the Act of October 5, 1949 (63 of any right, privilege, or immunity afforded under Stat. 705, ch. 604), is hereby repealed, but such repeal Federal treaty, agreement, or statute with respect to shall not affect any proceedings heretofore instituted hunting, trapping, or fishing or the control, licensing, under that section. or regulation thereof. SEC. 6. Notwithstanding the provisions of any " (c) The provisions of sections 1152 and 1153 of Enabling Act for the admission of a State, the consent this chapter shall not be applicable within the areas of the United States is hereby given to the people of of Indian country listed in subsection (a) of this any State to amend, where necessary, their State section.' constitution or existing statutes, as the case may be, SEC. 3. Chapter 85 of title 28, United States Code, to remove any legal impediment to the assumption of is hereby amended by inserting at the end of the civil and criminal jurisdiction in accordance with the chapter analysis preceding section 1331 of such title provisions of this Act: Provided, That the provisions the following new item: of this Act shall not become effective with respect to "1360. State civil jurisdiction in actions to such assumption of jurisdiction by any such State which Indians are parties." until the people thereof have appropriately amended SEC. 4. Title 28, United States Code, is hereby their State constitution or statutes as the case may be. amended by inserting in chapter 85 thereof immedi- SEC. 7. The consent of the United States is hereby ately after section 1359 a new section, to be designated given to any other State not having jurisdiction with as section 1360, as follows: respect to criminal offenses or civil causes of action, or with respect to both, as provided for in this Act, "§ 1360. State civil jurisdiction in actions to to assume jurisdiction at such time and in such man- which Indians are parties ner as the people of the State shall, by affirmative (a) Each of the States listed in the following table legislative action, obligate and bind the State to as- shall have jurisdiction over civil causes of action sumption thereof. between Indians or to which Indians are parties which arise in the areas of Indian country listed opposite the APPROVED AUGUST 15, 1953. name of the State to the same extent that such State has jurisdiction over other civil causes of action, and APPENDIX D those civil laws of such State that are of general application to private persons or private property Senate Joint Resolution No. 4 shall have the same force and effect within such Memorializing Congress and the President of the United States Indian country as they have elsewhere within the to refrain from terminating federal control and protection of Indian reservations. State: Adopted in the Assembly March 31, 1954 and 'State of Indian country affected in the Senate April, 1954. California All Indian country within the State WHEREAS, There are presently before the Congress Minnesota All Indian country within the State, of the United States three bills, S. 2749, S. 2515, and except the Red Lake Reservation H. R. 7322, which would affect Indian tribes, bands, Nebraska All Indian country within the State groups, and individual members thereof in California Oregon All Indian country within the State, by abolishing the Bureau of Indian Affairs of the except the Warm Springs Reservation Department of the Interior, by removing federal Wisconsin All Indian country within the State, guardianship, and by terminating supervision over except the Menominee Reservation Indian property; and (b) Nothing in this section shall authorize the WHEREAS, The American Indians conveyed their alienation, encumbrance, or taxation of any real or property to the United States Government in ex- personal property, including water rights, belonging change for the promise of perpetual federal protection to any Indian or any Indian tribe, band, or com- and certain other benefits; and FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS 33 WHEREAS, The Federal Government set aside cer- in all federal programs and services available to Indi- tain of the ancestral homelands of the American ans of the United States and Indians for their perpetual use and enjoyment; and WHEREAS, The Congress of the United States in WHEREAS, Federal control and protection of Indian 1953 adopted House Concurrent Resolution No. 108, reservations has served to prepare the American In- which became the basis for termination legislation and dian for transition to a different way of life by which expressed a sense of Congress that was imposed continuing on the reservations a culture deeply cher- upon the Indian people; and ished by the Indians and at the same time permitting WHEREAS, Some terminated Indian groups and tribal members to leave a reservation when they SO other California Indians wish to reestablish their trust desire; and relationship with the federal government; and Whereas, There are 117 separate Indian reserva- WHEREAS, The termination policy of House Concur- tions in California upon which 40 tribes of American rent Resolution No. 108 has since been abandoned by Indians reside; and Congress in favor of the Indian consent policy ex- WHEREAS, These tribes vary widely in their educa- pressed in revisions to Public Law 280 and Public tional level, and social and economic development and Law 85-671; and many of them would suffer greatly if federal control WHEREAS, House Concurrent Resolution No. 108 is and protection of their reservations was terminated; still interpreted as the guiding policy by some federal and agencies and officers in regard to services and pro- WHEREAS, The State of California is not prepared grams for California Indians; and to take over control and protection of the Indians WHEREAS, Many California tribal groups and In- within its boundaries with the results that termination dian organizations regard various federal programs of federal protection will mean that many tribes that and services as a valuable resource that should be are not sufficiently developed economically to fend for available to them; and themselves will suffer greatly and WHEREAS, The various federal agencies administer- WHEREAS, Federal control and protection of the ing Indian programs for Indians of California should Indians should be gradually withdrawn as each tribe be able to operate their programs in a flexible manner reaches the proper cultural development to assume in order to provide a sustained, positive and dynamic responsibilities for its members; and Indian policy with the necessary constructive pro- WHEREAS, The Legislature of the State of Cali- grams and services needed by California Indians; and fornia has not and does not seek to terminate federal WHEREAS, House Concurrent Resolution No. 245 control and protection of the Indians; now, therefore, which has been introduced in the Congress of the be it United States states a new national Indian policy that Resolved by the Senate and Assembly of the State more clearly expresses the will of the California In- of California, jointly, That the Legislature of the dian people; and State of California respectfully memorializes the WHEREAS, The sense of House Concurrent Resolu- President and the Congress of the United States to tion No. 245 should be applicable to the Indians of continue federal control and protection over the California especially since California is emerging as American Indians within California; and be it further the state with the largest Indian population; now, Resolved, That the Secretary of the Senate of the therefore, be it State of California is authorized to transmit copies of Resolved by the Senate and Assembly of the State this resolution to the President of the United States, of California, jointly, That the Legislature of the the President of the Senate, the Speaker of the House State of California respectfully memorializes the of Representatives and to each Senator and Represent- President and the Congress of the United States to ative from California in the Congress of the United establish a policy that insures that California Indians States. are included to the fullest extent in various federal programs and services that are available to other APPENDIX E Indians of the United States; and be it further Senate Joint Resolution No. 32 Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice RESOLUTION CHAPTER 374 President of the United States, to the Secretary of the Senate Joint Resolution No. 32-Relative to federal Interior, to the Commissioner of Indian Affairs, to policy in regard to Indians in California. the Secretary of Health, Education, and Welfare, [Filed with Secretary of State August 21, 1969.] to the Director of the Division of Indian Health of WHEREAS, The Indians of California are virtually the United States Public Health Service, to each mem- excluded from participation in various federal pro- ber of the National Council on Indian Opportunity, grams and services that are available to other Indians to the Speaker of the House of Representatives, to of the United States; and each Senator and Representative from California, in WHEREAS, The Legislature of the State of Cali- the Congress of the United States, and to the chair- fornia in 1968 adopted Senate Joint Resolution No. men of the committees of the United States Congress 3 requesting full participation of California Indians dealing with the subject of this resolution. 34 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS APPENDIX F entered into prior to 1958, which, by custom of the Indian tribe, band, or group of which the parties to California Water Code the alliance, or either of them, are members, is com- Section 1241.5 monly recognized in such tribe, band, or group as 1241.5. The laws of this State with respect to loss marriage, is deemed a valid marriage under the laws of water rights by nonuse, abandonment, prescription, of this state. In the case of such marriages and for and lack of diligence shall not apply to water rights such purpose a separation, which, by custom of the appurtenant to or for use on any trust land for the Indian tribe, band, or group of which the separating period of five years following the conveyance by the parties, or either of them, are members, is commonly United States of an unrestricted title to the land and recognized in such tribe, band, or group as a dissolu- the water rights appurtenant to or for use on such tion of marriage, is deemed a valid divorce under the land. laws of this state. As used in this section, trust land" means any land in this State (a) to which the United States holds title APPENDIX H in trust for any tribe, band, or other group of Indians, or for any particular Indian; or (b) owned by a AMENDED IN ASSEMBLY MAY 15, 1969 particular Indian or any tribe, band, or group of AMENDED IN SENATE APRIL 17, 1969 Indians subject to a restriction against alienation imposed by the United States; or (c) held by the SENATE JOINT RESOLUTION No. 6 United States for the use of Indians in California, but Introduced by Senator Dymally not for any particular tribe, band, or group of Indi- January 28, 1969 ans, or any particular Indian, if any part of such land is occupied by Indians or their families. The Legislature hereby finds and declares that be- REFERRED TO COMMITTEE ON GOVERNMENTAL cause of historical conditions, the Indians of Cali- EFFICIENCY fornia will not be in a position fully to utilize and to Senate Joint Resolution No. 6-Relative to restoration protect water rights owned by them when unrestricted of California Indian lands. title to trust land is conveyed to them by the United States. A period is required during which the laws WHEREAS, The federal government has caused cer- with respect to loss of water rights by nonuse, aban- tain reservation lands found within the State of donment, prescription, and lack of diligence are sus- Califorina to be removed from Indian use; and pended with regard to such land and water rights SO WHEREAS, The Indian people of California have that they will not lose the benefit of the water rights been grossly discriminated against as regards the and the opportunity to make productive utilization of establishment and preservation of reservations; and their land. The Legislature further finds and declares WHEREAS, Most California Indians suffer from ex- that such a suspension of the laws of this State with treme poverty; and regard to such water rights is in the public interest WHEREAS, In 1960, Indians constituted that portion and will promote the public welfare since it will of the California population with the lowest income, promote the economic and social well-being of the with 45.2 percent of Indian males earning less than Indians and the communities in which they reside $3,000 per year and 31.6 percent earning less than and will encourage the self-sufficiency of the Indians. $2,000 per year; and This section shall become operative upon the enact- WHEREAS, In 1960, Indians possessed the highest ment of federal legislation authorizing the establish- unemployment rates of any portion of the California ment of a California Indian Water Affairs Commis- population, with an unemployment rate of 15.1 per- sion. cent for Indian males (as compared with less than 5 percent for whites) ; and APPENDIX G WHEREAS, In 1960, 43.3 percent of California Indi- ans 14 years and older had not gone beyond the eighth Senate Bill No. 288 grade; and CHAPTER 120 WHEREAS, The 1966 report of the California State Advisory Commission on Indian Affairs revealed that An act to amend Section 182 of the Civil Code, most Indian communities suffer from severe problems relating to marriage. of substandard housing, unsanitary water, poor roads, [Approved by Governor May 27, 1969. Filed with and other symptoms of poverty and neglect; and Secretary of State May 27, 1969.] WHEREAS, National statistics indicate that Indian The people of the State of California do enact people suffer from the highest infant mortality rates, as follows: highest suicide rates, and shortest lifespans of any SECTION 1. Section 182 of the Civil Code is group in the United States; now, therefore, be it amended to read Resolved by the Senate and Assembly of the State 182. For the purpose of application of the laws of of California, jointly, That the Legislature of the succession set forth in the Probate Code to a decedent, State of California requests the President and the and for the purpose of determining the validity of a Congress of the United States to provide that all land marriage under the laws of this state, an alliance set aside in former years for the use of native Cali- FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS 35 fornia Indians, or promised in the several treaties WHEREAS, The Board of Supervisors of the County negotiated in former years, but never made available of Alpine, State of California, on the third day of for Indian use or removed from Indian use after the September, 1968, passed and adopted a resolution in passage of time, be restored to the native California support of a land transfer and Indian people forthwith if held by the federal govern- WHEREAS, Legislation has been introduced in the ment or, if not, be replaced by equivalent parcels of Congress of the United States to declare that the land from the public domain of the United States United States holds in trust for the Washoe Indian found within the State of California; and be it fur- Tribe certain lands in Alpine County, California; ther now, therefore, be it Resolved, That the State of California requests that Resolved by the Senate and Assembly of the State the Public Land Law Review Commission carefully of California, jointly, That the Legislature of the consider Indian claims to land taken from the State of California respectfully memorializes the Indian people by the federal government and President and the Congress of the United States to that the commission study the feasibility of making enact legislation pertaining to the lands for the significant portions of the public lands of the United Washoe Indian Tribe; and be it further States available to American Indian people in order Resolved, That the Secretary of the Senate transmit to meet the needs of a growing population; and be it copies of this resolution to the President and Vice further President of the United States, to the Speaker of the Resolved, That the Secretary of the Senate transmit House of Representatives, to each Senator and Repre- copies of this resolution to the President and Vice sentative from California in the Congress of the President of the United States, to the Speaker of the United States, to the chairmen of the committees of House of Representatives, to each Senator and Repre- the United States Congress dealing with the subject sentative from California in the Congress of the of this resolution, to the Secretary of the Interior, and United States, to the chairman of the committees of to the Commissioner of Indian Affairs. the United States Congress dealing with the subject of this resolution, to the Secretary of the Interior, to APPENDIX J the Commissioner of Indian Affairs, and to the Public Land Law Review Commission. Senate Bill No. 1397 LEGISLATIVE COUNSEL'S DIGEST CHAPTER 1380 SJR 6, as amended, Dymally (Gov. Eff.). Restoration of Indian lands. An act to add Article 14 (commencing with Section Requests federal government to restore land held by it to California Indians, or that they be given equivalent parcels of 429.30) to Chapter 2 of Part 1 of Division 1 of the land from lands held by U.S. Requests that Public Land Law Review Commission consider Indian land claims and study Health and Safety Code, relating to health services, feasibility of making public lands available to them to meet and making an appropriation therefor. demands of growing population. Sen. Fin.-No; W. & M.-No. [Approved by Governor September 2, 1969. Filed with Secretary of State September 2, 1969.] APPENDIX I The people of the State of California do enact as follows: Senate Joint Resolution No. 16 SECTION 1. Article 14 (commencing with Section RESOLUTION CHAPTER 270 429.30) is added to Chapter 2 of Part 1 of Division Senate Joint Resolution No. 16-Relative to lands 1 of the Health and Safety Code, to read for the Washoe Indian Tribe. Article 14. Indian Health Service [Filed with Secretary of State August 2, 1969.] 429.30. The State Department of Public Health WHEREAS, The Legislature is concerned with the shall maintain a program for Indians and their fami- public health, safety and welfare of all the citizens of lies, consisting of California; and (a) Studies of the health and health services for WHEREAS, The Washoe Indian Tribe residing in and Indians and their families throughout the state. around Woodfords, Alpine County, California, are (b) Technical and financial assistance to local agen- living in an overcrowded condition, in vastly sub- cies concerned with the health of Indians and their standard housing with inadequate water and sanita- families. tion facilities, on public and private land; and (c) Coordination with similar programs of the fed- WHEREAS, These existing conditions are matters eral government, other states, and voluntary agencies. affecting the Washoe Tribe's health, safety and wel- 429.31. The department may contract and cooper- fare; and ate with local governmental agencies and voluntary WHEREAS, Under the existing conditions it is im- nonprofit organizations in connection with the devel- possible to make community improvements, or to par- opment of local health programs for Indians and ticipate in and develop community programs, particu- their families. larly housing; and SEC. 2. The sum of thirty-two thousand one hun- WHEREAS, The Washoe Tribe has expressed a united dred seventeen dollars ($32,117) is hereby appro- desire to acquire a land transfer from the public priated from the General Fund to the State Depart- domain where they can build a community and ment of Public Health for expenditure by the 36 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS department during the 1969-1970 fiscal year pursuant (e) Two Members of the Senate, appointed by the to the provisions of Article 14 (commencing with Sec- Senate Committee on Rules. tion 429.30) of Chapter 2 of Part 1 of Division 1 of (f) Two Members of the Assembly, appointed by the Health and Safety Code, as enacted by Section 1 the Speaker of the Assembly. of this act. (g) Four representatives of the reservation or rancheria Indian community, appointed by the Gov- APPENDIX K ernor pursuant to the provisions of Section 8118. 8114. The four Members of the Legislature ap- SENATE BILL No. 1114 pointed to the commission pursuant to subdivisions (e) and (f) of Section 8113 shall meet with, and par- Introduced by Senators Harmer, Alquist, Beilenson, ticipate in the activities of, the commission to the ex- Bradley, Burgener, Carrell, Coombs, Danielson, tent that such participation is not incompatible with Deukmejian, Dolwig, Grunsky, Kennick, Lagomar- their respective positions as Members of the Legisla- sino, Petris, Richardson, Schmitz, Schrade, Sher- ture. For the purposes of this chapter, such Members of the Legislature shall constitute a joint interim man, Stevens, Stiern, Way, and Whetmore (Coauthors: Assemblymen Belotti, Brown, Burke, investigating committee on the subject of this chap- Chappie, Crandall, Davis, Duffy, Garcia, Gonsalves, ter, and as such shall have the power and duties im- Ray E. Johnson, Ketchum, MacGillivray, McGee, posed upon such committees by the Joint Rules of the Senate and Assembly. Milias, Mobley, Monagan, Moorhead, Mulford, 8115. The Director of Social Welfare, the Director Ralph, Roberti, Stacey, Unruh, Vasconcellos, Vey- of Public Health, the Director of Education, the Di- sey, Z'berg, and Zenovich) rector of Employment and the four Members of the April 8, 1969 Legislature shall meet together as soon as is practi- cable upon their appointment to the commission in REFERRED TO COMMITTEE ON GOVERNMENTAL EFFICIENCY order to appoint an advisory committee, hereinafter referred to as the "committee," which shall consist of seven members, all of whom shall be American An act to add Chapter 2.5 (commencing with Section Indians residing in California. 8110) to Division 1 of Title 2 of, and to repeal 8116. As its first order of business, the committee Chapter 2.5 (commencing with Section 8110) of shall select and prepare, and submit to the Governor Division 1 of Title 2 of, the Government Code, for his final selection and appointment to the com- relating to Indian affairs. mission pursuant to the provisions of Section 8118, a The people of the State of California do enact as list of names of eight or more persons who shall be follows: Indians residing on a reservation or rancheria in Cali- SECTION 1. Chapter 2.5 (commencing with Section fornia consisting of 8110) of Division 1 of Title 2 of the Government Code (a) At least two such persons residing in the is repealed. northern section of the state; (b) At least two such persons residing in the cen- Sec. 2. Chapter 2.5 (commencing with Section tral section of the state; 8110) is added to Division 1 of Title 2 of the Govern- (c) At least two such persons residing in the ment Code, to read southern section of the state; and CHAPTER 2.5. CALIFORNIA INDIAN AFFAIRS (d) At least two such persons selected at large COMMISSION from the reservation and rancheria Indian communi- ties in the state. 8110. The Legislature hereby finds and declares 8117. The committee shall advise the commission that it is in the public interest to establish a state with respect to any matter within the scope of this agency which will be directly concerned with, and chapter, and shall serve at the pleasure of the commis- responsive to, the problems and needs of the American sion. Section 11009 of the Government Code is appli- Indians residing in California, and which will be par- cable to the committee. ticularly concerned with, and responsive to, the 8118. The Governor shall select four persons from unique problems that confront the Indians who reside the list of names submitted by the committee pursuant on a reservation or rancheria in this state. to Section 8116, one person from each of the four 8111. There is in the state government a Califor- categories described in subdivisions (a), (b), (c), and nia Indian Affairs Commission. (d) of that section, and shall appoint such persons to 8112. As used in this chapter, "commission" the commission. means the California Indian Affairs Commission. 8119. Any vacancy on the commission shall be 8113. The commission shall consist of 12 members filled by the appointing authority and, with respect to appointed as follows: filling those positions on the commission held by rep- (a) The Director of Social Welfare. resentatives of the Indian community, in the manner prescribed in Sections 8116 and 8118. (b) The Director of Public Health. 8120. Each member of the commission shall be en- (c) The Director of Education. titled to receive his actual necessary expenses while on (d) The Director of Employment. official business of the commission. FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS 37 8121. The chairman of the commission shall be APPENDIX L elected by the commission from among the commission JOHN L. HARMER members. Twenty-First Senatorial District 8122. The commission shall appoint a secretary CALIFORNIA LEGISLATURE and may employ such employees as it deems necessary to carry out its functions under this chapter. It may SENATE also incur necessary expenses to effectuate its pur- September 9, 1969 poses. The Honorable Ronald Reagan Governor's Office 8123. The commission shall carry on a continuing State Capitol study of the problems of the American Indians re- siding in California, with particular emphasis on the My Dear Governor: unique problems that confront the Indians who reside You may remember that on the morning of Thurs- on a reservation or rancheria, and shall study such day, August 7th, we met in your office to discuss the other problems including, but not limited to, those fact that the State Advisory Commission on Indian presented by the termination of federal control over Affairs would go out of existence as of October 1st of Indian affairs, the operation, effect, administration, this year. At that time I suggested to you the possibil- ity of your appointing a Governor's Advisory Com- enforcement, and needed revision of any and all state mission on Indian Affairs to replace the commission laws pertaining to the Indians and the three relocation which is going out of existence. centers in California and shall report its findings, to- It was my hope that someone could be assigned from gether with any suggested legislation, to the Governor the Human Relations Agency to act on a full-time and to the Legislature not later than the fifth legis- staff position to work with your own Governor's Ad- lative day of each regular session of the Legislature. visory Commission on Indian Affairs. The commission is further charged with the duty of As the commission's life is now coming to a close, actively seeking resolution under existing law of the it becomes increasingly evident that there is a tremen- problems which confront the American Indians resid- dous need for some continuing liaison between the ing in this state. Indian citizens of California and various state and 8124. The commission has the following additional federal agencies. There also is an extreme need for someone to be able to act as spokesman for these powers and duties: Indian people. Ironically those who worked most (a) To contract with such other agencies, public or progressively to destroy the existence of the commis- private, as it deems necessary for the rendition and sion now realize the mistake they have made and are affording of such services, facilities, studies, and re- increasingly concerned about the fact that with the ports to the commission as will best assist it to carry disappearance of the commission there will be no one out the purposes for which it is created. to fulfill this function. (b) To cooperate with and secure the cooperation It would be my hope that by now a decision could of county, city, city and county, and other local agen- have been reached as to whether or not you could appoint such a Governor's Advisory Commission with cies in investigating any matter within the scope of a full-time executive secretary who is a staff member this chapter. of the Human Relations Agency through whom the (c) To reports its findings and recommendations to increasing programs and concerns for the Indian peo- the Governor, the Legislature, and to the people from ple could be coordinated. As I mentioned in our time to time and at any time, not later than provided conversation, I am prepared to submit to you a num- in Section 8116. ber of names of qualified Indian people from through- (d) To do any and all other things necessary or out the state who could work effectively with you as members of this commission. convenient to enable it fully and adequately to exer- cise its powers, perform its duties, and accomplish the I can not over emphasize the importance of a objects and purposes of this chapter. decision on this matter as soon as is possible. The need for this commission is critical and I have every hope 8125. This act shall be operative until October 1, that you would be able to use your office to continue 1975, and shall thereafter be of no force or effect. the liaison between the Indian people of the state and various federal and state agencies. At your conven- LEGISLATIVE COUNSEL'S DIGEST ience I would be pleased to discuss the matter with SB 1114, as introduced, Harmer (Gov. Eff.). Indian affairs. Adds Ch. 2.5 (commencing with Sec. 8110), Div. 1, Title 2, you further or with Spencer Williams. Gov.C., repeals Ch. 2.5 (commencing with Sec. 8110), Div. 1, Title 2, Gov.C. Yours very truly, Abolishes State Advisory Commission on Indian Affairs. JOHN L. HARMER Creates California Indian Affairs Commission and prescribes its powers and duties. Provides for advisory committee of the com- JLH :gy mission. cc: Spencer Williams Specifies that the act shall be operative until October 1, 1975. Vote-Majority; Appropriation-No Sen. Fin.-Yes; W. & M. Advisory Commission on Yes. Indian Affairs 38 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS APPENDIX M Being aware that most standards are established by utilizing statistics and all other information available DEPARTMENT OF EMPLOYMENT as well as the considered opinion of the medical 409 K St., P.O. Box 994, Eureka, Calif. 95501 examiner, the above described complaint, because of July 23, 1969 its virtue and merit in this instance, appears to invite SENATOR HARMER reconsideration and review of the standards with the State Advisory Commission on Indian Affairs possibility of revision. Rm. 425 Forum Bldg. 1107 Ninth St. We solicit a review of the standards established in Sacramento, Calif. Humboldt County for the physical requirements of law enforcement officers by the local governing agency I am an Employment Community Worker with the of Humboldt County. California Department of Employment, working with We request that a consideration of the Indians' Indians in Humboldt County to improve their eco- interest and capabilities be considered a part of the nomic and general welfare. I am concerned with the deliberations. arbitrary physical requirements for law enforcement positions which eliminate from competition the ma- A report of your review and your recommendations jority of Indians in Humboldt County. would be appreciated. Please send to The job specifications for Humboldt County Deputy Senator JOHN L. HARMER Sheriff specify that individuals must be between 5' 7" Chairman and 6' 4" in height, with a minimum weight of 150 State Advisory Commission on Indian Affairs pounds, weight in proportion to height. The Cali- State Capitol, Room 4081 fornia Highway Patrol has similar requirements. Sacramento, California 95814 With few exceptions, Indian males are shorter than Sincerely, the prescribed minimum height or proportionately BERENICE PATE heavier. These requirements are based on physical Executive Secretary characteristics of ethnic groups other than Indians of this area. COUNTY OF HUMBOLDT My point is, our local Indians face discriminatory EUREKA, CALIFORNIA 95501 physical specifications, and as a result, a significant September 3, 1969 portion of this vocational field is denied them. Ms. BERENICE PATE I feel this situation should be corrected with the shortest possible delay and in any event, before more Executive Secretary State Advisory Comm. on Indian Affairs openings in this vocational field are listed. Room 425, Forum Building LENA McCovey 1107 Ninth Street Employment Community Worker Sacramento, California 95814 cl Dear Ms. Pate: STATE ADVISORY COMMISSION ON INDIAN AFFAIRS In response to your letter of August 26, this will Room 425 Forum Building, 1107 Ninth Street Sacramento, California 95814 inform you that the Humboldt County Board of August 26, 1969 Supervisors referred to the letter from Mrs. Lena Mr. GORDON CRONENBERGER McCovey to the Humboldt County Human Rights Personnel Director Commission on August 6, 1969. Humboldt County Civil Service Commission I will be happy to furnish you with a copy of the County Offices Human Rights Commission report upon their reaching Eureka, California 95501 a decision on this matter. Dear Mr. Cronenberger Sincerely, GORDON CRONENBERGER Senator John L. Harmer, Chairman, State Advisory Personnel Director Commission on Indian Affairs, is in receipt of a letter relating to the interest and welfare of Indians in GC/nh May 19, 1969 Humboldt County, concerning physical fitness require- Same letter was sent to ments in job specifications for Humboldt County Deputy Sheriff positions. 1. Senator John L. Harmer, Rm. 4081, State Capi- The Indians believe the present standards on physi- tol Bldg., Sac. 95814 (for getting the gas for cal requirements eliminate most Indians indigenous to the National Guard) the area and are, therefore, discriminatory to a par- 2. Mr. Frank Satica, Gold Run Road, Susanville ticular ethnic group of people. 96130 (for the earth fill) After consultation with the Commission on Peace 3. California National Guard, 112th Engr. Co., Officers Standards and Training, it is realized that the Fairgrounds, Susanville 96130 (for the trans- establishment of standards rests within the jurisdic- portation of the earth fill) tion of the Humboldt County Civil Service Commis- 4. Mr. Mario Vial, Director of Pub. Works, Susan- sion. ville 96130 (for the loader & leveler) FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS 39 Please accept our appreciation for the help you ren- Resolved by the Senate and Assembly of the State dered in our park-playground project on the Susan- of California, jointly, That the Legislature of the ville Indian Rancheria. This project has been in the State of California respectfully memorializes the offing for SO long that it is encouraging to at least President and the Congress of the United States to accomplish what was done last weekend. The project provide for an emergency appropriation to Sherman will not only benefit the Indian children, but will Institute to enable the school to bring its physical benefit any child who SO desires to play there. plant up to standards necessary for accreditation, to Sincerely yours, improve the school's library system, to obtain ade- (Mrs.) FREDA C. OWENS, Chairwoman quate personnel, and to provide adequate services Susanville Indian Rancheria and to budget funds on a continuing basis to insure P. O. Box 754 Sherman Institute's ability to maintain its facilities, Susanville, California 96130 curriculum, personnel and services at a level neces- cc: BIA, Sac sary to meet the Indian students' educational needs and to establish an all-Indian school board to direct APPENDIX N the school's program; and be it further Senate Joint Resolution No. 26 Resolved, That the Secretary of the Senate trans- mit copies of this resolution to the President and RESOLUTION CHAPTER 271 Vice President of the United States, to the Speaker Senate Joint Resolution No. 26-Relative of the House of Representatives, to each Senator to Sherman Institute. and Representative from California in the Congress [Filed with Secretary of State August 5, 1969.] of the United States, to the chairmen of the commit- WHEREAS, The Legislature is concerned with the tees of the United States Congress dealing with the educational opportunities of California students; subject of this resolution, to the Secretary of the and Interior and to the Commissioner of Indian Affairs. WHEREAS, California Indians, as well as Indians of other states, are students at Sherman Institute, a Bureau of Indian Affairs boarding school, in APPENDIX O Riverside, California; and WHEREAS, Indian students require, desire and are SUMMARY entitled to educational opportunities on a parity BIG VALLEY RANCHERIA ANALYSIS with other students throughout the State of Cali- fornia; and The analysis showed that almost one-half of the WHEREAS, Equal educational opportunities, equal Big Valley distributees had sold their land and a educational facilities, curriculum, personnel, ser- majority of the transactions concerning these sales vices, and direction must be obtained; and are being questioned in court. Nine other transac- WHEREAS, The physical plant, curriculum, and tions may result in the Indian owners eventually faculty training of Sherman Institute do not meet losing their land. the minimum standards required in California for The community property of the rancheria is held accreditation; and by the Big Valley Village Association, an associa- WHEREAS, Sherman Institute's library is out- tion formed for the purpose. Each of the original dated and inadequate as a reference library in that distributees received a ¹/₆₇ undivided interest in the it is deficient in both number and quality of recom- property. Because of the many distributees, their mended books and other resource material necessary unfamiliarity with associations and California cor- to meet the students' educational needs; and porate laws, there is serious question over the WHEREAS, There is insufficient personnel at Sher- adequacy of the association to hold or develop the man Institute to provide the students with an equal land. Problems have developed concerning: title educational opportunity in the areas of instruction, insurance, taxes, improvement, collection of assess- counseling, coaching, and extracurricular activities ments, and lack of funds for development. at the school; and WHEREAS, Funds for clothing and travel for Admission to Sherman Indian High School was needy Indian students are not available at Sherman sought for some Big Valley Indian students, but Institute, although funds are provided for this pur- terminated Indians are no longer eligible for admis- pose at other federal Indian schools; and sion to federal Indian schools. WHEREAS, The most effective schools are those The Indians in accepting termination did in fact which are governed by school boards that reflect the end their status as Indians. This result not previ- attitudes of the students' parent; now, therefore, be ously understood by most of the Indians, is of grave it concern to those now terminated. 40 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS APPENDIX P APPENDIX Q MODEL OF AN EDUCATIONAL NEEDS ASSESSMENT CALIFORNIA STATE DEPARTMENT OF EDUCATION PROGRAM FOR CALIFORNIA INDIAN CHILDREN OFFICE OF COMPENSATORY EDUCATION By JOSEPH MIRCI, Principal Hoffer Elementary School BUREAU OF INTERGROUP RELATIONS Banning Unified School District 721 Capitol Mall 161 West Williams Street Sacramento Banning, California 92220 Telephone 714-849-4786 AMERICAN INDIAN STUDENTS AND SCHOOL J. Donald Dorough, Superintendent PERSONNEL Mrs. Jan Chittends, Project Director Level of funding $10,000 (Racial and Ethnic Survey of California Public Schools, Fall 1966 and Fall 1967) The problem and its statewide significance were to determine a better and more effective means for ed- A. Students reported (other than adult and junior college), totals by county: ucating the California Indian child. The specific objectives of this project were: COUNTY -To assess the educational program for Indian 1966 1967 COUNTY 1966 1967 children in existence in the schools in the three Counties of Riverside, San Diego and Imperial Alameda 543 597 Placer 87 89 Alpine 68 58 Plumas 114 126 -To interpret the educational needs of the Indian Amador 43 53 Riverside 520 513 children from the data derived from the assess- Butte 200 227 Sacramento 237 266 Calaveras 41 32 San Benito 1 ment Colusa 17 18 San Bernardine 335 641 Contra Costa 230 217 San Diego 685 731 -To develop guidelines for initiating and imple- Del Norte 314 289 San Francisco 148 170 menting effective programs for educating the In- El Dorado 28 53 San Joaquin 94 78 dian children Fresno 395 424 San Luis Obispo 40 57 Glenn 60 54 San Mateo 116 162 -To determine the necessity for creating a position Humboldt 1,014 1,011 Santa Barbara 78 68 Imperial 280 275 Santa Clara 305 388 in the state department for a consultant who Inyo 399 398 Santa Cruz 38 47 would coordinate programs and funding of proj- Kern 222 203 Shasta 333 384 Kings 70 66 Sierra 18 23 ects for the Indians Lake 145 134 Siskiyou 304 315 Lassen 101 102 Solano 85 103 -To gain a closer working relationship between Los Angeles 2,143 2,322 Sonoma 307 333 the Indian parents and the schools. Madera 110 133 Stanislaus 98 166 Marin 36 45 Sutter 17 18 Procedures Followed Mariposa 70 68 Tehama 45 60 Mendocino 409 477 Trinity 29 44 At the submission of the project, it was the inten- Merced 40 46 Tulare 271 296 Modoc 49 78 Tuolumne 65 65 tion to involve the Indians as much as possible. After Mono 56 52 Ventura 89 109 receiving notification of the acceptance of the project, Monterey 131 111 Yolo 58 43 we were informed that the Ad Hoc Committee on Napa 20 37 Yuba 62 44 Nevada 15 12 California Indian Education was meeting at the Uni- Orange 320 360 TOTAL 12,138 13,292 versity of California at Riverside. Through one of the local members of the Committee, permission was granted to attend the conference and to meet with the chairman of the organization, Mr. David Risling, Jr. After conferring with Mr. Risling and explaining the 1966 1967 project, permission was given to present it to the ex- ecutive committee who gave their support. B. Adult students reported (other than junior col- The Ad Hoc Committee then worked very closely lege), state total 537 729 with the project in making recommendations for in- dividual Indians to act as the advisors. These Indians C. Junior college students reported, state totals: Classes for adults 182 131 represented the various tribal councils from the res- Graded classes 749 719 ervations within the three counties and cooperated in TOTAL 931 850 helping select questions that would be appropriate. They also selected the Indian interviewers who would D. All students reported, state total: 13,606 14,871 be employed to conduct the survey on the reserva- E. Certificated personnel reported, state totals: tions. The parents who were selected to be interviewed Teachers 184 205 Administrators 15 19 were chosen by securing the tribal roles and by taking Other certificated 11 24 a random sampling of all parents who had children TOTAL 210 248 attending public schools. Meetings were scheduled with the committee and from these evolved a list of specific items that were contained in the questionnaire. After the basic organ- ization, the pilot project was conducted on the Mo- FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS 41 rongo Reservation by one of the Indian interviewers. Information regarding scholarships and funds for From this sampling came recommendations of im- Indian students revealed that there was no central provement that helped to simplify and to make information source for the schools. The schools indi- changes that appeared as the final instrument. cated that they had to seek out the knowledge from Training sessions were conducted at Pala and Que- whatever source they could which resulted in its being chan Reservations for the selected interviewers. The varied and sporadic. purpose of these sessions was to acquaint them with the the questions and procedures for interviewing the Project Success parents. The success of the project manifested itself in var- In addition to the questionnaires for the reserva- ious ways. Specific information was collected from the tions, the chairman of the Indian Youth for Better questions asked, but one outstanding result was the Education was employed to interview counselors, effect it had on the parents, the interviewers and the teachers and administrators in all districts that edu- educators. Prior to this procedure of having their own cated Indian students. people do the survey, the Indians were very reserved The results were tabulated and put into a report and withdrawn. Contact was at a minimum with both form SO they could be presented at the regional con- the Indians and the schools, but when confronted with ferences which were conducted at Banning and Fall- the questions from the assessment both became more brook in early May. Indian leaders from the southern aware that there were problems and that there were part of California and the chairman of the Ad Hoc measures that could be taken to resolve them. The Committee on California Indian Education, Mr. Ris- Indian parents began to visit the schools to discuss ling, were in attendance and were informed of the situations that had arisen; they also began to take findings of the Indian research group. The conference more interest in the operation and administration of took the project findings which had been tabulated schools by visiting the school boards and participating in raw scores and percentage scores and presented in their meetings. them to the audience for their information and discus- The Indians have voiced a desire in many locales sion. Mr. Risling then spoke on the study at both con- to select a liaison person to keep in contact with the ferences. schools to help better relationships and to help im- prove the instructional program as it relates to the Data Collected Indian children. The schools have taken avantage of the parents par- Data collected from the project reflected the opin- ticipating more actively in school affairs by improving ions and attitudes of the Indians and educators as the lines of communication. They are more cognizant they related to Indian education. Probably for the that they have an Indian population in the school and first time Indian parents gave their views willingly must give them consideration in the planning of the which came about by using Indian interviewers whom curriculum and creating good public relations. the parents knew and trusted. The information di- vulged that the Indian parents are interested in the Statewide Benefits education of their children and are aware that for the This study has indicated that the Indians have the most part they are underachieving. They desire that desire and the ability to give positive direction for extra instruction be given in those areas in which improving education as it relates to the Indian. The their children are having the most difficulty. Indians are much aware of their educational needs, Communication with the school is very poor. Most and the educators should meet with them to discuss Indian parents do not meet with school personnel nor and to help resolve the problems. do they attend school functions such as school board, The enthusiasm and the determination to take posi- P.T.A. or other school meetings. tive action displayed by the Indian leaders and par- There is a concern that the state texts do not give ticipants in the project should be capitalized on. They a true picture of the Indian as he is today. In most have the rapport with the Indian population to aid in school texts the historical aspects are given, and they helping resolve situations which could arise. are slanted depicting the Indian in an unfavorable The results of this study should serve as an aid to light. help school districts in planning more effective pro- A large percentage of parents also indicated that grams for the Indian children through the cooperative they are not familiar with the role of the school coun- efforts of the Indian parents and the school districts. selor. In a number of instances those that are familiar expressed dissatisfaction upon having their children Recommendations programmed into a vocational field rather than to- Recommendations from the project are directed to- ward a college preparatory course. ward the schools, counties and the State Department The school personnel also voiced a concern in regard of Education: to Indian education. They are aware that Indian stu- Schools should have teachers, counselors and admin- dents are underachieving, but they are unable to give istrators visit the reservations and homes of Indian them more extra help than is offered at the school due students; educate the parents on routine procedures, to the lack of funds. They do not differentiate their such as school policies, curriculum and procedures of program for the Indian student, although some voiced the school board; offer academic and vocational coun- the opinion that changes should be made to compen- seling; take field trips where Indian students can wit- sate for cultural differences. ness jobs in action; involve Indians in school and dis- 42 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS trict projects; encourage parents to visit schools and WHEREAS, There is an actual demonstrated need for see their children at work; and initiate programs on the reactivation of the "Johnson-O 'Malley" program the reservations to help students in areas of need. in California, as evidenced by the fact that the State Counties should include the designation of person of California has not enacted adequate programs to within the county to pass on information to the school meet Indian needs and by the 1966 Report of the Cali- districts regarding Indian education and through di- fornia State Advisory Commission on Indian Affairs rect contact with liaison persons among the Indians. which documents the appallingly high dropout rate The State Department should create a state coordi- for Indian students; and nator post. There is a need for a person in this posi- Whereas, Federal funds received by school districts tion who is aware of the problems relating to the in California under Public Law 81-874 (which author- Indian. This job may be described as instituting izes supplemental payments to school districts receiv- channels of communications whereby problems, pro- ing school children from nearby federal facilities) is grams and procedures of various groups concerned not an adequate substitute for "Johnson-O'Malley" with Indian education could be discussed; there funds because (1) funds received pursuant to Public should be a correlating of studies that have been made Law 81-874 become part of the local school district's throughout the state to avoid duplication and to pre- general fund and are not earmarked for special Indian pare for more comprehensive studies. programs; and (2) funds received pursuant to Public The State Department should also prepare and sub- Law 81-874 are tied to Indians in federally impacted mit to all agencies on a continuing basis an annotated. areas and thus do not benefit rural Indians; and bibliography of books, films, and other media on In- WHEREAS, There are many California Indian chil- dian subjects to the county superintendents of schools dren who might benefit from schools for Indians and for distribution to schools and public libraries; and who might qualify under the admission criteria pro- direct communication to the schools informing them mulgated by the Bureau of Indian Affairs; and of all awards, grants and scholarships available to WHEREAS, In 1955, responsibility for Indian health students of Indian parentage. passed from the Bureau of Indian Affairs to the Public Health Service, Department of Health, Educa- APPENDIX R tion, and Welfare; and Senate Joint Resolution No. 3 WHEREAS, The Public Health Service succeeded to, and continued, the policy of withdrawal embarked RESOLUTION CHAPTER 49 upon by the Bureau of Indian Affairs, and Public Senate Joint Resolution No. 3-Relative to the rein- Health Service medical services programs were phased stitution of federal services for California Indians. out in the 1950's; and [Filed with Secretary of State April 2, 1968.] WHEREAS, Although the Public Health Service still WHEREAS, The Indians of California have been administers a health and sanitation program for Cali- excluded from various federal programs and services fornia Indians, it recognizes that unmet medical needs available to all other Indians of the United States; exist among the rural California Indians; and and WHEREAS, While the California State Department WHEREAS, The Legislature of the State of Cali- of Public Health recently received a United States fornia in 1953 adopted Assembly Joint Resolution No. Public Health Service contract grant to develop a 38 and is now clarifying its position with respect to pilot Indian health aid training program, medical the full participation of California Indians in all "outreach" programs are urgently required for the federal programs and services available to Indians of California Indians; and the United States; and WHEREAS, Under Public Law 84-959, the Bureau of WHEREAS, For many years the State of California Indian Affairs operates a vocational training and received three hundred eighteen thousand five hun- relocation program for Indians in California, however, dred dollars ($318,500) as its share of federal moneys the funds received under such program primarily allocated to Indian education under the "Johnson- benefit out-of-state Indians whom the Bureau is relo- O'Malley Act"; and cating and training for jobs in California; and WHEREAS, Congress, in the late 1950's, increased WHEREAS, Under Public Law 84-959, eligibility is federal programs and resources for Indian educa- limited to those residing "on or near" reservations, tion; and and many California Indians, in need of vocational WHEREAS, California Indians were precluded from training services, are nonreservation and are thus in- sharing in the increased federal moneys expended for eligible for training; and Indian education under the "Johnson-O 'Malley'' pro- WHEREAS, Eligibility requirements under Public gram nor have they, in fact, received any aid under Law 84-959 achieve substantial fairness in other states such program since 1958; and which have large reservations; now, therefore, be it WHEREAS, Congress appropriated for the 1967-1968 Resolved by the Senate and the Assembly of the fiscal year nine million five hundred thousand dollars State of California, jointly, That the Legislature of ($9,500,000) for "Johnson-O'Malley" programs, over the State of California respectfully memorializes the one million dollars ($1,000,000) of which would have Congress of the United States to provide for the full been received by the State of California had it re- financial participation by California Indians in all tained its previous percentage share of such funds; federal programs, to require that all schools for Indi- and ans be made available to California Indians, that FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS 43 "outreach" medical services programs be provided for close of this fiscal year. The following budget (Item the California Indians, that Public Law 84-959 be B) has been developed for this purpose. amended to remove the requirement of living "on or B. Reduced Budget near" a reservation, and thereby make available fed- Personnel Services eral vocational training services to all California Salaries and Wages Indians, and to reinstitute and expand the "Johnson- Consultant $17,700 Steno II O'Malley" contract funds for the education of Cali- 3,421 fornia Indians; and be it further Total Salaries and Wages $21,121 Resolved, That the Secretary of the Senate trans- Staff Benefits 2,396 mit copies of this resolution to the President and Vice President of the United States, to the Speaker of the Total, Personnel Services $23,517 Operating Expenses 11,483 House of Representatives, to each Senator and Rep- resentative from California in the Congress of the TOTAL, Reduced Budget for Indian Education United States, to the Secretary of Health, Education, Unit $35,000 and Welfare, and to the Director of the Bureau of It is our intent to seek funds from other sources to Indian Affairs. expand the reduced budget to that represented in STATE OF CALIFORNIA Item A for 1970-71 SO that the program may be fully DEPARTMENT OF EDUCATION implemented as originally intended in future years. State Education Building, 721 Capitol Mall, Sacramento 95814 In responding to this request for the release of $35,- August 11, 1969 000, the following activities (Item C), which are cur- MR. WILLIAM E. FINALE rently provided, deserve consideration as state con- tributions and/or effort. Director, Sacramento Area Office Bureau of Indian Affairs C. Current Related Department of Education 2800 Cottage Way Activities Sacramento, California 95825 Division of Compensatory Education Dear Mr. Finale: 1. Consultant in Intergroup Relations The Department of Education has given due con- No specific duties in program budget related to In- sideration to the establishment of a unit within the dian education. However, 5-7 per cent of working time Division of Instruction for providing a necessary is devoted to consultation with school districts, agen- focus on services particularly related to Indian edu- cies, and individuals concerned with Indian education cation throughout the California public schools. and related activities such as the racial and ethnic On June 6, the following budget (Item A) for this survey of American Indian pupil enrollment. program was developed. It was considered as a mini- $1,300.00 mum adequate budget for the functions the interested 2. Bureau of Professional Development parties and groups have desired for some time. This bureau has established a teacher aide preserv- A. Proposed Budget ice education program for 20 Indian teacher aides to Personnel Services work with teachers in Humboldt and Del Norte Count- Salaries and Wages Director (assistant bureau chief) $21,004 ies where classes have a high percentage of Indian Consultant (program develop- children enrolled. ment) 17,700 $35,052.00 Steno II 6,842 Division of Public School Administration Total Salaries and Wages $45,546 Consultant in Child Welfare and Attendance Staff Benefits 4,765 No specific duties in program budget related to In- Total, Personnel Services $50,311 dians. About 5 per cent of time devoted to represent- Operating Expenses ing Dr. Rafferty, Superintendent of Public Instruc- Total, Operating Expenses and Equipment 19,598 tion, in activities related to the Advisory Commission on Indian Affairs, answering inquiries about Indians TOTAL, Proposed Budget for Indian Education Unit $69,909 to interested persons and agencies interested in Indian education. As you will recall, the Department of Education $1,000.00 has been unable to assure that the funds would be Division of Instruction available to finance this complete unit, either for No single person assigned to instructional programs 1969-70 or succeeding years. Recent state administra- in Indian education. Division personnel have been tive directives requiring as much as a 20 per cent active in reviewing proposed projects specifically ori- reduction in state-funded positions for the department ented to Indian education. have created further barriers. We are proposing, therefore, that the $35,000 of a. ESEA, Title V federal funds mentioned in your letter to me dated (2 projects proposed, 1 of which was approved) April 18, 1969, be released to the Department of Edu- "Educational Needs Assessment Program For cation immediately S0 that a beginning may be made California Indian Children"-Banning Unified on this urgent matter on a reduced basis prior to the School District 44 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS The purpose of this project was to assess existing In view of the plans and activities outlined above, education programs for Indian children, interpret I hope you will be able to secure prompt action to educational needs, develop guidelines for implement- release the $35,000 at this time. Future contact relat- ing and initiating programs, and to determine the ing to any contract or other procedures may be made necessity for a consultant in Indian Education in the with Mr. Eugene Gonzales, Chief, Division of Instruc- State Department of Education to coordinate pro- tion, who will be administering the proposed unit. grams for Indians and to gain a closer relationship with Indian parents and the schools. Sincerely, $10,000.00 MAX RAFFERTY b. ESEA, Title III RHJ :ms "Supplemental Education for Indians in Rural CC: Dr. Everett Calvert and Reservation Areas"-Bishop, California. Mr. Ray Johnson Inyo County Superintendent of Schools Dr. Wilson Riles Mr. Eugene Gonzales The purpose of this project was to establish a study Mr. Jack Erikson center on the Bishop Indian Reservation to supple- Mr. Peter Mysing ment the formal education program. It provided an Mr. Wes Barker environment in the Indian community available to students and adults where they could receive help with personal and educational problems from professional APPENDIX S personnel. $68,190.00 UNITED STATES DEPARTMENT OF THE INTERIOR c. ESEA, Title III BUREAU OF INDIAN AFFAIRS Project to Rebuild Academic and Leadership Sacramento Area Office, 2800 Cottage Way Skills"-Ukiah Unified School District Sacramento, California 95825 The prime objective of the program is to increase August 22, 1969 student interest in attending and completing high HON. MAX RAFFERTY school, with emphasis being placed on involvement of Superintendent of Public Instruction Indian students. Other objectives sought are Greater 721 Capitol Mall acceptance of the values and culture of minority Sacramento, California 95814 youth; greater involvement of the students in school functions and closer identification of students with Dear Mr. Rafferty: schools; reduction of student tendencies to isolation; Following your letter of August 11, 1969 and sub- assistance of elementary school teachers and students sequent telephone conversations with your office and by high school students acting as teacher aides; and my Washington Office, I have been able to arrange greater parent interest and participation in school for the $35,000 requested to initiate an Indian Educa- affairs. tion Unit under the Johnson-O 'Malley program. $27,131.00 d. ESEA, Title VII I share your disappointment that the State of Cali- "Ukiah Indian, Mexican-American Bilingual- fornia will not be able to provide any financial support Bicultural Program"-Ukiah Unified School during F.Y. 1970. The Indian people of California District are long past the stage where they would accept a permanent go-it-alone effort by the Federal Govern- The philosophical principle underlying this project ment on their behalf. is that intelligent and orderly progress toward eco- nomic self-sufficiency and participation in the main- However, I agree that we should make the best of stream of the American economic and social system the situation and proceed under the reduced budget must rest on education and self-confidence born from proposed as outlined in your letter of August 11. Your education, and on the realization by both minority and commitment to seek matching state funds SO that the majority cultures of the attitudes, mores and prob- unit can be adequately staffed starting next July is lems inherent in every segment of our society. The a significant factor in arriving at this decision. purpose of the project is to develop a bilingual-bicul- Since time is short and the project is SO small this tural curriculum available to Mexican-American, In- first year, I suggest that we proceed under a simple dian (Pomo), and Anglo children, grades K-6; to contract form, rather than wait until a comprehensive recruit, train and utilize teacher aides; to stimulate state plan can be developed. If this is acceptable to community interest in Indian and Mexican-American you, I will have my staff contact Mr. Gonzales imme- culture. diately to work it out. $54,096.00 e. ESEA, Title V Sincerely yours, Project in Alpine County Wesley L. Barker The purpose of this project was to provide counsel- Acting Area Director ing and testing to the students in Alpine Unified CC: Mr. Eugene Gonzales, Chief, Div. of School District. Instruction, State Dept. Educ., Sacramento, $3,500.00 Calif. FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS 45 Mr. Jack T. Erikson, State Dept. Educ., possible to meet all requests for free or reduced-price Sacramento, Calif. meals from pupils of low income families. Under these State Advisory Commission on Indian circumstances priority shall be given to those pupils Affairs, Sacramento, Calif. from families whose income is lowest on the scale Mr. Glenn Lundeen, Br. Public School regardless of source of income. The Social Welfare Relations, Albuquerque, N.M. scale for potential applicants, Exhibit A, shall be used as a guide. II. Procedures APPENDIX T A. The principal or nurse at each school shall be ARTICLE THIRTEEN responsible for initiating the screening process in accordance with district policy. Section 657. FREE OR REDUCED-PRICE MEALS B. Verification of need shall be made in all cases. FOR NEEDY PUPILS. (This section, adopted This verification shall be secured by a parent-school April 9, 1969, supersedes the last three paragraphs contact in the form of a note of request or telephone of Section 653.) call. In some cases, a home visit may be necessary. The I. General Policies and Rules school nurse may be asked to make a home call if she A. All pupils who are determined by school district is working with the pupil and his family on a health authorities to be in need of free or reduced-price problem. Otherwise, the child welfare and attendance meals shall be furnished them. consultant may be asked to make the call. B. There shall be no discrimination in the furnish- C. The form "Pupil Free Meal Program, Exhibit ing of free or reduced-price meals because of race, B, shall be used for all pupils being considered for religion, source of family income, or for any other free or reduced-price meals on an extended basis. Upon reason. approval by the superintendent, a copy of this form C. The names of pupils determined to be eligible shall be filed in the principal's office and a copy of for free or reduced price meals will not be published, the form "Free Meal Authorization, Exhibit C, shall posted, or announced in any manner to other children be sent to the school service manager to authorize and children receiving free or reduced-price meals free or reduced-price meals. shall not be required, as a condition of receiving such D. The form "Financial Need Statement, Exhibit meals, to: use a separate lunchroom; go through a D, is available for optional uses when it is deemed nec- separate serving line; enter the lunchroom through a essary to obtain a definitive written statement of fi- separate entrance; eat lunch at a different time; use nancial need from families whose children are being a different medium of exchange or eat a different meal considered for the free meal program. than paying pupils. E. In order to protect the anonymity of those D. The system in each of the various schools for pupils receiving free or reduced-price meals the fol- collecting from paying pupils and accounting for free Iowing system shall be used (check one or more and/or reduced-price meals shall be such that the items) : anonymity of pupils receiving free or reduced-price ( ) 1. The same method of exchange shall be meals will be protected in the lunchroom, classroom, used by both paying and non-paying pupils. or other environ of the attendance unit. ( ) 2. A weekly or monthly meal ticket shall be E. Wherever possible and practicable needy pupils made available to all pupils. Nonpaying pupils shall shall be provided an opportunity to earn their meals. be issued one of these tickets with coding which can be However, assignments shall be appropriate for the age identified only by authorized personnel. and sex of each pupil, shall not exceed one half hour each day, and in no case shall be a condition of ( ) 3. A charge slip shall be issued to those pupils receiving such meals. who have lost or forgotten their meal money. Nonpay- F. All forms of grants-in-aid shall be kept as a ing pupils shall be issued one of these charge slips matter of record and be subject to audit. with coding which can be identified only by authorized G. In determining the relative needs of pupils to personnel. receive free or reduced-price meals consideration ( ) 4. Pupils who perform services in the school shall be given to the following principles: shall be issued a meal ticket for these services. Needy 1. The importance of meeting emergency situa- pupils shall be issued the same ticket with coding tions. Family emergencies such as sudden unemploy- which can be identified only by authorized personnel. ment, illness, death, desertion, delay in receipt of pay, Work shall not be required as a condition of receiving etc., sometimes result in a pupil coming to school free meals. without lunch and without funds with which to pur- ( ) 5. Other. (Explain) chase it. A child's statement of his need should be accepted at face value, with an immediate follow-up by family contact to determine whether free or re- duced-price meals should be continued and, if so, for F. Parents of pupils who are denied a request for how long. free or reduced-price meals may appeal through regu- 2. The importance of giving priority to the neediest lar administrative channels. The final decision rests families. For a variety of reasons it may not always be with the board of trustees. 46 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS G. Parents shall be informed of the district's free The report is limited to ascertaining, as instructed, or reduced-price meal policy through each school's the interest or lack of interest of these Indian groups regular newsletter or through the news media. Copies in participating in the demonstration project. Our of the policy statement shall be available at the department team gathered such suggestions and infor- district office and at each school. mation on Indian health as was possible during these (Approved by the Board of Trustees and adopted short visits, in order to assist in selecting the four April 9, 1969) communities with whom our department should pro- EXHIBIT A ceed to negotiate contracts to transfer the available SOCIAL WELFARE SCALE FOR POTENTIAL APPLICANTS United States Public Health Service funds, $31,700, to each of four groups. Maximum monthly amount which Our staff was deeply impressed and moved by the family can count on under state Average income acute health problems of all nine Indian communities. Family law when AFDC is only source of AFDC families size of income from all sources* As the Indians clearly stated, there are urgent needs in all of these areas for assistance in improving water and sewage disposal systems, in obtaining funds for (One parent (Two parent families) families) the purchase of needed medical and dental services, 2 148 216 for transportation to services, and for health educa- 3 172 166 258 tion, particularly in utilizing such services as are now 4 221 191 300 available. Although all nine of the groups clearly 5 263 239 341 6 300 282 383 understood that within the present budget only four 7 330 318 425 projects could be funded, all nine groups advised our 8 355 349 466 department that they sincerely hope that a way could 9 373 373 508 10 386 392 550 be found to give their particular group an oppor- tunity, through this modest mechanism, to improve their health and health services. These figures represent the average income received by AFDC families in the state from all sources plus 25 per cent. Average income at or below these amounts over an extended period of Our department was SO impressed by the interest of time reduces the chances of a family weathering interruptions the Indian groups in helping themselves, and by their of income without recourse to financial assistance. Thus, it is a strong indicator that the family is a "potential applicant for shocking health needs that we explored the possibility aid." These figures are considerably above the standards and legal of obtaining an additional $92,000 from the Division maxima which govern the payment of aid. For instance, the of Indian Health of the United States Public Health statewide standards for basic needs (food, clothing, rent, utili- ties and personal incidentals) for a mother and three children Service. Doctor Rabeau, Division Chief, assured our is approximately $235. If this family had outside income, the net amount would be deducted from this standard in arriving department that these additional funds were available. at the grant. If AFDC were the only source of income for this Thus, all nine of the selected Indian communities will family, the most they could count on receiving under the law would be $221. Payments over this amount would be at the be able to participate and have been apprised of the option of the county welfare department and would be fi- availability of funds. nanced out of county funds. Contracts will be negotiated in the next few weeks, and the department's training course for project staff APPENDIX U is scheduled to begin January 2, 1968. STATE OF CALIFORNIA HEALTH AND WELFARE AGENCY CALIFORNIA RURAL INDIAN HEALTH DEMONSTRATION DEPARTMENT OF PUBLIC HEALTH PROJECT: SUMMARY REPORT CALIFORNIA RURAL INDIAN HEALTH DEMONSTRATION I. Background PROJECT: PROGRESS REPORT For years the health of rural California Indian The enclosed report and recommendations were sub- families has been a source of serious concern not only mitted in response to a request of the Governor's office to the Indians of the state but to private physicians, to the State Department of Public Health in August public health workers, and informed Californians in of this year. As the Governor's staff and a group of many private and public groups. Studies and papers California Indians who were called together in- by various writers have documented the fact that structed, our department staff sought and reported on rural Indians have a most difficult time, isolated as the interest of selected groups of Indians in applying they are geographically, culturally, and in most cases to participate in the California Rural Indian Health economically, from the mainstream of both environ- Demonstration Project. The communities that were mental and general health services, in providing for designated were: Modoc County Indians, Hoopa Res- their families' health care comparable to that of even ervation in Humboldt County, Round Valley Reserva- comparable rural non-Indian Californians. For the tion in Mendocino County, the Clear Lake groups in average non-Indian Californian over the past 15 years Lake County, the Tule River Reservation group in there has been an improvement in both general health Tulare County, Owens Valley group in Inyo County, and availability of health services, yet reports indicate the Soboda and Morongo Indians in Riverside County, that for rural California Indians the opposite is true. the Pala and surrounding reservations in northern In view of this situation, the California State De- San Diego County, and the small group of Indians in partment of Public Health, at the request of Cali- Tuolumne County. fornia Indian leaders and with the concurrence of the FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS 47 California Health and Welfare Agency, applied in III. Findings March 1967 for fiscal support from the Division of The members of the department staff were shocked Indian Health in Washington, D.C., for initiating a by the living conditions seen during site visits, and by small California Rural Indian Health Demonstration the difficulties that many Indian families are having Project. in obtaining adequate health care. All nine groups are The purpose of the original proposal was to demon- constantly having problems and wish assistance with strate that four selected Indian groups could substan- their water systems as well as sewage and refuse tially improve their environmental and general level disposal. They listed this area as their greatest health of health within one year by utilizing funds to hire need. Among other high priority health problems they a public health nurse, two community health aides, called attention to were lack of sufficient funds to and constructing water and sewage disposal systems. purchase medical and dental care from local practi- In June 1967 the Division of Indian Health provided tioners, the hardships in the last few weeks that their the State Department of Public Health with $152,000 families are suffering due to recent changes in Medi- in pass-through funds to be subcontracted to the Cal, difficulty in getting to distant public and private Indian groups for the health aide program. Because hospitals and health services, and lack of information the United States Public Health Service is currently about fragmented tax-supported medical services. within its own jurisdiction dealing with environmen- All of the nine groups believed that even the modest tal sanitation problems, that portion of the proposal Indian Health Project could demonstrate in one year was not funded. the Indian communities' capability of helping them- In July and August a group of Indian advisors was selves through improved utilization of existing serv- convened by Mr. Michael Deaver in the Governor's ices and improved understanding of health problems and services. With this in mind all nine asked that the office and there decided to consider on a priority basis the following 9 of the 78 federally recognized rural department transmit to the Governor's office their Indian groups in the state Hoopa Reservation, Modoc interest in being provided funds to conduct a one-year County, Round Valley Reservation, Lake County, Indian Demonstration Project in their community. Tuolumne County, Tule River Reservation, Owens As a consequence of the observations made and Valley group, Soboba-Morongo Reservations, and the information given by the nine Indian groups con- Pala Reservation area group. The State Health De- tacted, the task force explored with the Division of partment staff was instructed to explore with these Indian Health the possibility of amending the grant nine groups their respective interest in participating upward from $153,000 to $245,000 to expand the in the project, and their needs for the project. The de- program to all nine areas. This request was approved partment was asked to report their findings by by Doctor E. S. Rabeau, Chief of the Division of Indian Health. October 1967. The following is a brief summary of the information II. Method gathered: A department task force of four members was NOTES ON HEALTH AND HEALTH SERVICES OF NINE assigned: Mr. Anthony Brown, Indian Health Con- SELECTED RURAL CALIFORNIA INDIAN GROUPS sultant; Mr. Irvin E. Rautenberg, Assistant Chief, (Additional available information is not detailed in this summary report) Administrative, Bureau of Maternal and Child Health Mr. Douglas Taylor, Sanitation Engineer; and HOOPA RESERVATION (Humboldt County) Doctor Bruce Jessup, Chief, Family Health and Popu- Indian representative consulted Mr. Charles Moon, lation. Before this group began its work an ad hoc Chairman, Hoopa Business Council. committee composed of department staff, representa- The reservation is located in eastern Humboldt tives of the Bureau of Indian Affairs, the California County. There are presently some 3,000 residents of State Departments of Education and of Employment, the Hoopa Valley of whom an estimated 1,000 are and the Division of Indian Health of the United States Indians. The other residents are non-Indians, among Public Health Service convened to discuss the most whom the majority are the employees and families of effective procedures in carrying out their charge. Cri- private logging firms operating in the valley, the teria for site priority such as health needs, size of Bureau of Indian Affairs, et al. population, geographical area representation, availa- In 1960 when the Klamath Trinity Hospital in bility of public health nurses and community aides, Hoopa Valley opened, the old Division of Indian were all discussed. Following the meeting, six of the Health Hospital, originally built by the BIA, closed. sites were visited by the department task force. Discus- For health services which can be offered by the one sions were held with the elected representatives of the physician, and in their own hospital, the Indians have Indian communities, with local health department this excellent facility. The Humboldt County Health staff, and with others recommended or invited by the Department in the last few months has obtained the Indians. Among the latter were anthropologists, services of a full-time public health nurse for the O.E.O. directors, private physicians, BIA representa- western portion of the county including the Hoopa tives, private citizens and church representatives. In Valley. the cases of Modoc, Hoopa and Tuolumne groups The two dentists who formerly provided dental where previous site visits had been made, the contacts services in the hospital on an intermittent basis no were by telephone. longer find it possible to fly in. 48 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS Among priority needs noted by the Indians are: for the numerous county and state fragmented medi- water and sanitation needs in their homes; emergency cal care programs; and transportation. They are confi- and routine dental care; difficulties in transportation dent that they can recruit a qualified nurse and two to Redding and to Eureka; nutritional educational aides from among the Indians in Round Valley. They problems; and among specific disorders, a manage- pointed out that the Division of Indian Health of the ment of a large number of Hoopas' tuberculosis and U.S. Public Health Service is scheduled to make diabetes. certain improvements in their water and sewage dis- The Hoopas, the largest group of California Indi- posal systems this year and that the proposed Round ans, recognizes their unique position because they have Valley Indian Health Project Team could assist in a community hospital on the reservation. They also coordinating Tribal Council efforts with this environ- recognize many community health problems and hope mental health project as well as assist the Indians in for an opportunity to improve their own health better utilization of such health service resources that through the work of a single Indian health aide they are or hopefully will be available. would like to employ. This aide would work in LAKE COUNTY INDIANS association with and give full-time assistance to the Indian representative consulted: Mr. Dewey Barnes, Humboldt County Health Department nurse who Chairman, Lake County Pomo Council. serves the area. The majority of some 500 Lake County Indians are MODOC COUNTY INDIANS located around the southwestern and southern area Indian representative consulted Mr. Erin Forrest. surrounding Clear Lake. All communities are mem- There are an estimated 400 Modoc County Indians, bers of the Lake County Pomo Council. All groups 200 Paiutes living in the area of Fort Bidwell near have environmental health needs, but the Sulphur Cedarville east of the mountains, and some 200 Pit Bank Indians at the extreme southeastern end of River Indians living near Alturas. Clear Lake have no water or sewage disposal systems. The two available hospitals are in Cedarville and These Indians' needs are shocking. Alturas. There are eight physicians and three dentists The Lake County Indians depend on the overtaxed practicing in Alturas, and one physician in Cedarville. private and public resources at either Lakeport or Modoc County has a total population of 8,000. The Lucerne or in distant Ukiah and Santa Rosa. The Modoc County Health Department has one full-time Clear Lake area population of some 11,000 has in- public health nurse recently recruited and one sani- creased to over 100,000 by the tourist immigration tarian. during certain weeks of the vacation seasons. Among priority needs of Modoc County Indian Eligibility for, knowledge of, and transportation to families are: assistance with meeting environmental various private and public health resources are all sanitation needs; housing; health education; transpor- problems to the Indians. They believe that an Indian tation to better utilize existing health resources, and health program with a nurse and two aides could dental services. greatly assist them in more effective utilization of the A representative of the Modoc group expressed the various health resources. A number of the Pomo Indi- hope that although there are relatively few Indians in ans have obtained health training and have worked as the county, two Indian health aides, one to work health aides in Lakeside Community Hospital in Lake- full-time with the Paiutes and one with the Pit River port. group could vastly improve health conditions. Both TUOLUMNE COUNTY INDIANS would be backstopped by the public health nurse and Indian representative consulted: Mr. George Wes- would endeavor to extend the services now offered by sell, Chairman, Business Committee, Tuolumne Ran- the private physicians and dentists and the health cheria. department staff, and school nurses. It is felt that they Fifty of the estimated 200 Indians in the county would be of particular assistance in transporting Indi- live on the Tuolumne Rancheria, a few miles from ans to these resources. Tuolumne. Hospital services are available at Tuo- ROUND VALLEY RESERVATION (Mendocino County) lumne County Hospital in Sonora. The Indians de- Indian representatives consulted Mr. Warren Lin- pend for health services on a variety of sources: coln, Chairman, Tribal Council, and Mr. Art Tuttle, private physicians and dentists in Tuolumne, Sonora, Council Member. and adjacent valley cities, and the county health It is estimated that there are 1,200 Indians living department staff. For meeting the cost of these ser- at Round Valley. The only doctor at Covelo moved to vices they depend on their own personal financial Oregon in September of this year, leaving the Indian resources and funds eligible from such programs as community without a physician. The nearest medical Medicare, Medi-Cal, CCS, and other private and pub- care now is at Willits, a 40-mile drive through moun- lic programs. tain roads. The Mendocino County Hospital at Ukiah The Indians have problems with transportation, is nearly an hour's drive from the reservation. Twice knowledge of eligibility for various programs, obtain- a month a county public health department nurse ing dental care, obtaining individual assistance in visits and conducts clinics at Round Valley. carrying out programs prescribed for them by health Some of the health problems noted by the Indians professionals. They need assistance in mobilizing are: difficulties with their water and sewage disposal efforts of the whole Tuolumne group to obtain help systems; dental care; information on the eligibility with their environmental health problems. FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS 49 TULE RIVER RESERVATION (Tulare County) community, for funds for glasses for the children, Indian representatives consulted: Mr. Robert San- elective surgery, and for care not funded by tax- tos, Chairman of the Tribal Council; Mrs. Freida supported programs Carothers; Mrs. Crispina Sierra. The Owens Valley Indians agreed in asking for a There are approximately 350 Indians on the reser- public health nurse-health aide project to provide vation at Tule River. They are the most numerous them with the opportunity of mobilizing to improve Indians in Tulare County although a large number their environmental health and health services them- also live in Visalia, Porterville, and other towns in the selves. area. SOBOBA AND MORONGO RESERVATIONS (Riverside County) The Indians advised that the major problem at the reservation is the lack of adequate water and sewage Indian representatives consulted Mr. William Soza, disposal systems. Some of the homes do not have water Spokesman for Soboba; Mrs. Marion Chacon; Mr. at any time of the year; most lack water during the William Meza; Mr. Emmett St. Marie, Spokesman for summer. Transportation to Porterville where private Morongo; Mr. Roy Waite. physicians, dentists, and the Tulare County Health The Soboba and Morongo Reservations are nine Department branch office is located is an important miles apart near the towns of Banning and San health problem. It is 55 miles from the reservation to Jacinto. Together they have a population of some 500 the county hospital in the City of Tulare. The geo- Indians. They depend for health services on the assist- graphical isolation of the Indians was dramatically ance of private physicians and dentists, a satellite demonstrated during the floods last winter when all health department staff at Banning. The county hospi- automobile transportation was cut off and a physician tal is in the distant City of Riverside. had to be brought to the reservation by helicopter to Though the environmental health needs of the meet the emergency. Morongo group are important, those at the Soboba Community action work by a full-time O.E.O. Reservation are appalling. field representative has, in just the last few months, In asking for an Indian health team representatives demonstrated the Tule River Indians ability to mobil- of both reservations called the attention to their geo- ize to help themselves. The Indians are confident that graphical isolation, their lack of sophistication in an Indian health team could assist the Tribal Council dealing with the fragmented private and public health and the families on the reservation to more fully programs, and their need for individual family assist- utilize the private and public health resources in ance in carrying out the health instructions of various Porterville, Visalia, and Tulare, and in measurably professionals. improving their health within one year. Of special Notable in just the last few months has been the concern to the Indians is dental care, need for immu- demonstrated effectiveness of O.E.O. general com- uization programs on the reservation, better utiliza- munity action Indian aides, one in each of the two tion of tuberculosis followup programs, and health tribal communities, and the cooperation these aides education efforts needed for the individual families. have received from Soboba and Morongo families, particularly in the educational and recreational fields. OWENS VALLEY INDIANS (Inyo County) The representatives from both groups indicated that Indian representatives consulted: Mr. Gerald Kane, they would work together; that their needs are great. Chairman, Owens Valley Board of Trustees; Mr. Mi- They expressed confidence in their ability to, in one chael Rogers; Mr. Robert Cromwell. year, demonstrate the effectiveness of their own health There are an estimated 1,000 Indians in Inyo project if given the opportunity. County. Some 500 are located on the large reservation in Bishop and the remainder divided between the PALA RESERVATION (San Diego County) Lone Pine, Big Pine, and Fort Independence areas. Indian representatives consulted: Mr. Robert The Indians represent close to 10 percent of the total Lavato, Chairman, Tribal Council; Mrs. Bernyce S. Inyo County population at the present time. Ninety- Ponchetti; Mr. John Chutnicut; Mr. Henry Smith, Jr. eight percent of the county's land is owned by the There are 235 Pala Indians presently living in 72 federal government or the City of Los Angeles. homes at the reservation. The Rincon, Pauma, and La The Indians receive their inpatient health services Jolla Reservations, with an additional population of at the one acute and the one convalescent hospital in 296, are within a radius of 20 miles from Pala. Bishop and at Big Pine, and on some occasions from The nearest health care is at the town of Fallbrook. the Division of Indian Health Hospital in Nevada. The San Diego County Hospital is 55 miles from Pala. Depending on their financial status and eligibility All three groups have problems with environmental criteria, they seek outpatient services from the private sanitation, all have housing problems affecting par- physicians and dentists or from the very fine county ticularly the health of the Indian children. Adequate physician. There are two public health nurses and one knowledge of health resources, funds to meet the cost sanitarian on the staff of the Inyo County Health of and transportation to existing private and public Department. health agencies, locally and in the City of San Diego, The Indian representative stated that their highest were subjects of serious concern to the Indian repre- priority health needs are for assistance to improve sentatives consulted. All believed that an Indian their inadequate water and sewage disposal systems, health team centered in Pala would be of great assist- for funds to purchase emergency dental care in the ance in improving their health. 50 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS APPENDIX V (c) Any grantee under the provisions of this section shall receive an unrestricted title to the property THE RANCHERIA ACT conveyed, and the conveyance shall be recorded in the Public Law 85-671 as amended by Public Law 88-419 appropriate county office. (d) No property distributed under the provisions AN ACT of this Act shall at the time of distribution be subject To provide for the distribution of the land and to any Federal or State income tax. Following any assets of certain Indian rancherias and reservations in distribution of property made under the provisions of California, and for other purposes. this Act, such property and any income derived there- from by the distributee shall be subject to the same Be it enacted by the Senate and House of taxes, State and Federal, as in the case of non-Indi- Representatives of the United States of America in ans: Provided, That for the purpose of capital gains Congress assembled, That the lands, including miner- or losses the base value of the property shall be the als, water rights, and improvements located on the value of the property when distributed to the indi- lands, and other assets of the rancherias and reserva- vidual, corporation, or other legal entity. tions lying wholly within the State of California shall be distributed in accordance with the provisions of SECTION 3. Before making the conveyances au- this Act when such distribution is requested by a thorized by this Act on any rancheria or reservation, majority vote of the adult Indians of a rancheria or the Secretary of the Interior is directed: reservation or of the adult Indians who hold formal (a) To cause surveys to be made of the exterior or or informal assignments on the rancheria or reserva- interior boundaries of the lands to the extent that tion, as determined by the Secretary of the Interior. such surveys are necessary or appropriate for the The requirement for a majority vote shall not apply conveyance of marketable and recordable titles to the to the rancherias and reservations that were at any lands. time named in this section. (b) To complete any construction or improvement SECTION 2. (a) When the Indians of a rancheria required to bring Indian Bureau roads serving the or reservation request a distribution of assets in ac- rancherias or reservations up to adequate standards cordance with the provisions of this Act, they, or the comparable to standards for similar roads of the State Secretary of the Interior after consultation with them, or subdivision thereof. The Secretary is authorized to shall prepare a plan for distributing to individual contract with the State of California or political Indians the assets of the reservation or rancheria, subdivisions thereof for the construction or improve- including the assigned and the unassigned lands, or ment of such roads and to expend under such con- for selling such assets and distributing the proceeds tracts moneys appropriated by Congress for the In- of sale, or for conveying such assets to a corporation dian road system. When such roads are transferred to or other legal entity organized or designated by the the State or local government the Secretary is author- group, or for conveying such assets to the group as ized to convey rights-of-way for such roads, including tenants in common: Provided, That the provisions of any improvements thereon. this section with respect to a request for distribution (c) To construct, improve, install, extend, or other- of assets shall not apply to any case in which the wise provide, by contract or otherwise, sanitation requirement for such request is waived by section 1 facilities (including domestic and community water of this Act, and in any such case the plan shall be supplies and facilities, drainage facilities, and sewage- prepared as though request therefor had been made. and waste-disposal facilities, together with necessary The Secretary shall provide such assistance to the appurtenances and fixtures) and irrigation facilities Indians as is necessary to organize a corporation or for Indian homes, communities, and lands, as he and other legal entity for the purposes of this Act. the Indians agree, within a reasonable time, should be (b) General notice shall be given of the contents of completed by the United States Provided, That with a plan prepared pursuant to subsection (a) of this respect to sanitation facilities, as hereinbefore de- section and approved by the Secretary, and any In- scribed, the functions specified in this paragraph, dian who feels that he is unfairly treated in the including agreements with Indians with respect to proposed distribution of the property shall be given such facilities, shall be performed by the Secretary of an opportunity to present his views and arguments for Health, Education, and Welfare in accordance with the consideration of the Secretary. After such consid- the provisions of section 7 of the Act of August 4, eration, the plan or a revision thereof shall be submit- 1954 (58 Stat. 674), as amended (42 U.S.C. 2004a). ted for the approval of the adult Indians who will (d) To cancel all reimbursable indebtedness owing participate in the distribution of the property, and if to the United States on account of unpaid construc- the plan is approved by a majority of such Indians tion, operation and maintenance charges for water who vote in a referendum called for that purpose by facilities on the reservation or rancheria. the Secretary the plan shall be carried out Provided, (e) To exchange any lands within the rancheria or That the provisions of such plan may be modified with reservation that are held by the United States for the the approval of the Secretary and consent of the use of Indians which the Secretary and the Indians majority of the distributees. It is the intention of affected agree should be exchanged before the termina- Congress that such plan shall be completed not more tion of the Federal trust for lands and improvements than three years after it is approved. of approximately equal value. FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS 51 SECTION 4. Nothing in this Act shall abrogate any SECTION 8. Before conveying or distributing prop- water right that exists by virtue of the laws of the erty pursuant to this Act, the Secretary of the In- United States. To the extent that the laws of the State terior shall protect the rights of individual Indians of California are not now applicable to any water who are minors, non compos mentis, or in the opinion right appurtenant to any lands involved herein they of the Secretary in need of assistance in conducting shall continue to be inapplicable while the water right their affairs, by causing the appointment of guardians is in Indian ownership for a period not to exceed for such Indians in courts of competent jurisdiction, fifteen years after the conveyance pursuant to this Act or by such other means as he may deem adequate, of an unrestricted title thereto, and thereafter the without application from such Indians, including but applicability of such laws shall be without prejudice not limited to the creation of a trust for such Indians' to the priority of any such right not theretofore based property with a trustee selected by the Secretary, or upon State law. During the time such State law is not the purchase by the Secretary of annuities for such applicable the Attorney General shall represent the Indians. Indian owner in all legal proceedings, including pro- SECTION 9. Prior to the termination of the Federal ceedings before administrative bodies, involving such trust relationship in accordance with the provisions of water right, and in any necessary affirmative action to this Act, the Secretary of the Interior is authorized prevent adverse appropriation of water which would to undertake, within the limits of available appropria- encroach upon the Indian water right. tions, a special program of education and training SECTION 5. (a) The Secretary of the Interior is designed to help the Indians to earn a livelihood, to authorized to convey without consideration to Indians conduct their own affairs, and to assume their respon- who receive conveyances of land pursuant to this Act, sibilities as citizens without special services because or to a corporation or other legal entity organized by of their status as Indians. Such program may include such Indians, or to a public or nonprofit body, any language training, orientation in non-Indian com- federally owned property on the reservations or munity customs and living standards, vocational train- rancherias subject to this Act that is not needed for ing and related subjects, transportation to the place the administration of Indian affairs in California. of training or instruction, and subsistence during the (b) For the purposes of this Act, the assets of the course of training or instruction. For the purposes of Upper Lake Rancheria and the Robinson Rancheria such program, the Secretary is authorized to enter shall include the one-hundred-and-sixty acre tract set into contracts or agreements, with any Federal, State, aside as a wood reserve for the Upper Lake Indians or local governmental agency, corporation, association, by secretarial order dated February 15, 1907. or person. Nothing in this section shall preclude any Federal agency from undertaking any other program (c) The Secretary of the Interior is authorized to for the education and training of Indians with funds sell the five hundred and sixty acres of land, more or appropriated to it., less, which were withdrawn from entry, sale, or other disposition, and set aside for the Indians of Indian SECTION 10. (a) The plan for the distribution of Ranch, Inyo County, California, by the Act of March the assets of a rancheria or reservation, when ap- 3, 1928 (45 Stat. 162), and to distribute the proceeds proved by the Secretary and by the Indians in a of sale among the heirs of George Hanson. referendum vote as provided in subsection 2(b) of this Act, shall be final, and the distribution of assets (d) Any rancheria or reservation lying wholly pursuant to such plan shall not be the basis for any within the State of California that is held by the claim against the United States by an Indian who United States for the use of Indians of California and receives or is denied a part of the assets distributed. that was not occupied on January 1, 1964, by Indians under a formal or informal assignment shall be sold (b) After the assets of a rancheria or reservation by the Secretary of the Interior and the proceeds of have been distributed pursuant to this Act, the Indi- the sale shall be deposited in the Treasury of the ans who receive any part of such assets, and the United States to the credit of the Indians of Califor- dependent members of their immediate families who nia. Any rancheria or reservation lying wholly within are not members of any other tribe or band of Indians, the State of California that is held by the United shall not be entitled to any of the services performed States for a named tribe, band, or group that was not by the United States for Indians because of their occupied on January 1, 1964, may be sold by the status as Indians, all restrictions and tax exemptions Secretary of the Interior and the proceeds shall be de- applicable to trust or restricted land or interests posited to the credit of the tribe, band, or group. therein owned by them are terminated, all statutes of the United States which affect Indians because of their SECTION 6. The Secretary of the Interior shall status as Indians shall be inapplicable to them, and disburse to the Indians of the rancherias and reserva- the laws of the several States shall apply to them in tions that are subject to this Act all funds of such the same manner as they apply to other citizens or Indians that are in the custody of the United States. persons within their jurisdiction. Nothing in this Act, SECTION 7. Nothing in this Act shall affect any however, shall affect the status of such persons as claim filed before the Indian Claims Commission, or citizens of the United States. The provisions of this the right, if any, of the Indians subject to this Act subsection, as amended, shall apply in the case of a to share in any judgment recovered against the United distribution of assets made either before or after the States on behalf of the Indians of California. amendment of the subsection. 52 FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS SECTION 11. The constitution and corporate charter UNITED STATES GOVERNMENT adopted pursuant to the Act of June 18, 1934 (48 MEMORANDUM Stat. 984), as amended, or any other authority, by any TO: Area Director, Sacramento Area Office rancheria or reservation subject to this Act shall be May 2, 1969 revoked by the Secretary of the Interior when a plan Attention: Area Tribal Operations Officer is approved by a majority of the adult Indians therof FROM: Area Field Representative, Hoopa Area pursuant to subsection 2(b) of this Act. Field Office SECTION 12. The Secretary of the Interior is au- SUBJECT: Semi-Annual Labor Force Report for thorized to issue such rules and regulations and to the period March 17, 1969 execute or approve such conveyancing instruments as he deems necessary to carry out the provisions of this The attached subject report is submitted in response Act. to your memorandum request of February 26, 1969. SECTION 13. There is authorized to be appro- It was delayed, with your approval, to permit tribal priated such sums as may be necessary to carry out participation in its preparation and in view of the the provisions of this Act. forthcoming survey by representatives of the Cali- fornia Department of Employment. This survey has APPENDIX W been conducted and the resultant statistics are re- REPORT OF LABOR FORCE flected in the subject report. It is noted that the total resident Indian population March, 1969 increased to 1,258 from our last reporting total of 801 HOOPA VALLEY, CALIFORNIA -an increase of 457. It is believed the recent survey included many Indian residents who are not enrolled (Semi-annual report of employment locally. and unemployment) Total Male Female In summary, we believe this report presents a rea- sonable picture of the current employment situation A Total Resident Indian Population (b + c). 1,258 688 570 and we will endeavor to work with responsible tribal b Within the reservation 1,258 688 570 members to improve this picture during forthcoming reporting periods. c Adjacent to the reservation 0 0 0 VINCENT LITTLE Above total includes persons away from reservation: Area Field Representative No. at school 14 No. (incl. all family members) for Report of Labor Force, Payment and Unemploy- seasonal work 0 ment as of March 1969" d Total under 16 years of age included on Area: Sacramento line "a" 665 366 299 Reservation: Hoopa Valley RESIDENT INDIAN POPULATION Methods and sources. Few Superintendents are in OF WORKING AGE (16 years old and over) position to provide an actual count of the population or labor force every six months. Where an actual E Total 16 Years and Over (a minus d) 593 322 271 count has not been made, please described briefly your f 16-19 years 121 66 55 method of estimating. Where studies from an earlier g 20-24 years 55 24 31 period have been drawn upon, identify each by title, h 25-34 years 131 77 54 i 35-44 years 81 47 34 author, and date and indicate how the data have been i 45-64 years 145 81 64 updated. k 65 years and over 60 27 33 As noted at the bottom of Form 5-1521, the statis- M Not in Labor Force (16 Years and Over), tics reported herein were compiled by Mr. Wilfred Total (n + 0 ÷ p + q) 290 105 185 Colegrove, employment community worker for the n Students (16 years and over, including California State Employment Service, and as assisted those away at school) 101 53 48 O Men, physically or mentally disabled, by Carol L. Sundahl, assistant economic analyst, retired, institutionalized, etc 52 52 coastal area office, Research and Statistics Section, p Women for whom no child-care substi- tutes are available 37 California Department of Employment. (See copy of 37 q Women, housewives, physically or letter attached.) It is understood that these records mentally disabled, institutionalized, are the result of a recent survey of the local area. etc. 100 100 R Available Labor Force (16 Years and Over) SUPERINTENDENT'S EVALUATION OF DATA (e minus m) 303 217 86 With respect to accuracy of the data in this report, S Employed, Total (t + u) 229 163 66 the indicated items are rated as follows: Reasonably accurate. t Permanent (more than 12 months) 153 91 62 Temporary (including persons away on VINCENT LITTLE u seasonal work) 76 72 4 Area Field Representative y Unemployed (r minus s) 74 54 20 Date, May 2, 1969 Notes and comments. W Of these, persons actively seeking work 74 54 20 It is believed that this Labor Force Report reflects a more realistic picture of labor statistics than previous reports due to the recent survey and cooperative efforts by the Department Prepared by Wilfred Colegrove, Employment Community Worker, Hoopa of Employment. FINAL REPORT OF STATE ADVISORY COMMISSION ON INDIAN AFFAIRS 53 BUREAU OF INDIAN AFFAIRS LABOR FORCE REPORT ing the last week of April were counted as unem- Bureau of Indian Affairs-Hoopa ployed. (These persons either had an active work ap- Attn. Mr. Little plication on file with the ECW, an active application Hoopa, California 95546 at a local employer, or were known to be actively seeking work.) Data for the items labelled "r" through "V" were The resident Indian labor force of Hoopa was found obtained from records maintained by the Department to have an unemployment rate of 24.4 percent. of Employment's employment community worker, Wilfred Colegrove. His records were reviewed and No attempt was made to provide figures as to how evaluated on April 30 and May 1, 1969, by Carol A. many persons have totally abandoned the search for Sundahl, assistant economic analyst, coastal area work, in accordance with the bureau of Labor Statis- office, Research and Statistics Section, Department of tics' definition of "a fourth group of persons who Employment. are not in the labor force they may believe that Persons were classified as "employed", "unem- no employment is available for workers with their ex- ployed" and not in the labor force according to the perience or training." If such persons were counted standard definitions of the Bureau of Labor Statistics, as unemployed, the employment rate might well be U.S. Department of Labor. All persons 16 years of age doubled. and over who were working during the last week of CAROL A. SUNDAHL April were counted as employed. All persons 16 years Assistant Economic Analyst, Coastal Area Office of age and over who were actively seeking work dur- Research and Statistics Section, Dept. of Employment. printed in CALIFORNIA OFFICE OF STATE PRINTING 79734-969 12-69 4M