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Social Services
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1103433
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Social Services
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Bradley H. Patterson Files (Ford Administration)
Bradley Patterson's Native American Programs Files
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Indians of North America
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The original documents are located in Box 5, folder "Social Services" of the Bradley H.
Patterson Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 5 of the Bradley H. Patterson Files at the
Gerald R. Ford Presidential Library
MEMORANDUM
OF CALL
TO:
Brad
YOU WERE CALLED BY-
YOU WERE VISITED BY--
Sonia Rivero
OF (Organization)
245-6111 (Sec.Matthews of)
PHONE NO.
PLEASE CALL
CODE/EXT.
WILL CALL AGAIN
IS WAITING TO SEE YOU
RETURNED YOUR CALL
WISHES AN APPOINTMENT
MESSAGE
Re: letter from Charles Tremble
Netthy anything well Fral year
RECEIVED BY
DATE
TIME
STANDARD FORM 63
GPO : 1900-o48-16-80341-1 332-889
63-108
REVISED AUGUST 1967
GSA FPMR (41 CFR) 101-11.6
ACTION
SRS
NATIONAL
¡NFO
Blue Sp
ONHP.
CONGRESS
OF
SUITE 700, 1430 K STREET, N.W., WASHINGTON, D.C. 20005 (202) 347-9520
AMERICAN
September 27, 1976
INDIANS-
EXECUTIVE COMMITTEE
Honorable David Mathews
PRESIDENT
Secretary of Health, Education & Welfare
Mel Tonasket
330 Independence Avenue, SW
Colville
Washington, D.C. 20201
GERALD a. FORD
FIRST VICE-PRESIDENT
Veronica Murdock
Dear Mr. Secretary:
Mohave
TREASURER
We would like to bring to your attention a matter of utmost
Ray Goetting
concern to the National Congress of American Indians. This
Caddo
concerns the granting of a contract to study Title XX and
RECORDING SECRETARY
the delivery of social services to Indian reservations.
Ramona Bennett
Puyallup
On November 11, 1975, at the 32nd annual convention of the
EXECUTIVE DIRECTOR
National Congress of American Indians, a resolutions was
Charles Trimble
Oglala Sioux
adopted by the convention to look into the utility and re-
sponsiveness of Title XX in the delivery of services to Indian
AREA VICE PRESIDENTS
people on reservations.
ABERDEEN AREA
Joe Chase
A subsequent meeting was held on January 23, 1976, which in-
Mandan
cluded a wide range of representatives from Indian country
ALASKA AREA
and from the various federal agencies serving Indian people.
Gordon Jackson
According to the report of the Social & Rehabilitative Service
Tlinget
(SRS), "Mr. McGavich announced that a grant in the amount of
ANADARKO AREA
$450,000 would be available to the National Congress of American
Juanita Ahtone
Indians to conduct the project," and that "the complete project
Kiowa
responsibility for this project is to be assumed by the NCAI."
BILLINGS AREA
The grant was to be funded, according to the agreement of the
Ray Spang
Northern Cheyenne
federal representatives of that meeting, by SRS ($150,000), the
GALLUP AREA
Office of Native American Programs ($150,000), and the Bureau
Victor Sarracino
of Indian Affairs & Indian Health Service ($150,000 between them).
Laguna
BIA and IHS subsequently declined participation in the project.
MINNEAPOLIS AREA
Stanley Webster
NCAI held a series of meetings with representatives of SRS and
Oneida
ONAP, and representatives of tribal organizations from throughout
MUSKOGEE AREA
the United States. In addition, NCAI submitted a number of
Katharine Whitehorn
proposals to secure the funding agreed to in the January 23 meeting.
Osage
Aside from periodic verbal criticisms of the proposals, NCAI did
PHOENIX AREA
not receive specific response from SRS.
Irene Cuch
Ute
At a meeting on June 23, 1976, between NCAI staff, James Burr
PORTLAND AREA
and Sidney Netherly of SRS, and George Clarke of ONAP, NCAI
Roger Jim
Yakima
was told that in order to improve its chances of getting the
SACRAMENTO AREA
grant for the study funded, it should secure the services, via
Rachel Nabahe
subcontract, of a university-based institute to do the technical
Shoshone/Paiute
preparation and conduct of the survey. That university-based
SOUTHEAST AREA
institute, we were informed, should be the Denver Research
Jonathan Ed Taylor
Institute of the University of Denver.
Cherokee
Honorable David Mathews
Page two
At first, NCAI objected to the imposition of a non-Indian organization to
do the study since it had already been agreed that the study would be done
by NCAI. We did reluctantly agree to meet with representatives of DRI and
SRS to discuss the matter, however, since we were informed that DRI had done
some exemplary studies in that area before.
In the meeting with SRS, ONAP and Denver Research Institute representatives,
which was held on July 8-9, 1976, in Denver, it was agreed that studies alone
would not help change the abhorent. situation with Title XX and social services
to Indian tribes, and that the role of NCAI in converting the studies into
meaningful recommendations for change would be significant. It was agreed
then that NCAI would assume the major role and that DRI would subcontrac: with
NCAI for the highly-technical parts of the study.
It was agreed further that NCAI would submit a brief statement of understanding
to DRI as to the roles of the two organizations in the study contract, and that
DRI would prepare a proposal based on that understanding. The DRI proposal
would then be sent to NCAI and NCAI would incorporate the technical proposal
of DRI into the overall proposal and submit it to SRS. The proposal, it was
agreed, would be done by August 30, 1976, in order to secure funding from the
transitional fiscal period ending September 30, 1976.
On August 18, 1976, NCAI received a draft proposal from DRI and, based on the
understanding of the Denver meeting, and receiving no negative feedback from
DRI on the letter of understanding of the roles of the two contractor organ-
izations, we incorporated the DRI proposal into our final proposal and sub-
mitted the proposal to SRS.
In mid-September, NCAI received a report from a tribal chairman that he had
been told that, due to the fact that NCAI had "plagiarized" the DRI proposal,
the entire contract would go to DRI. This information, which is simply not
true, had to come from either DRI or SRS. The Denver Research Institute then
submitted a separate proposal to SRS for the Title XX study contract, and
their proposal called for no involvement with NCAI.
On September 18, 1976, NCAI received a letter from Mr. James Burr, Acting
Director for Program Development of SRS, stating that he had received an
independent proposal from the Denver Research Institute in addition to the
one received from NCAI (which called for a substantial subcontract to DRI
as agreed upon). Mr. Burr stated in his letter that he had understood that
only ONE proposal was to be considered and, therefore, he was forced to base
his decision on the merits and award to only one of the organizations. NCAI
was shocked at this new development which was contrary to ALL agreements of
the past. NCAI immediately expressed its concern to Mr. James Burr, Mr. Sidney
Netherly, and Mr. George Clarke by telephone, and sent a letter on September
23, 1976, expressing our concern officially.
This morning I was told by Mr. Sidney Netherly that SRS has decided to make
its recommendation that the Denver Research Institute be awarded the contract.
Honorable David Mathews
Page 3
The National Congress of American Indians does not wish to hold up any
further the study of Title XX, since it was held up for over nine months
by indecision on the part of SRS and ONAP. We encourage SRS to grant the
contract to begin the much needed studies. However, we request an official
Departmental investigation into matters which we consider collusion, and
possible conflict of interest. The following are our reasons for the re-
quest for investigation:
-
Mr. Sidney Netherly is a graduate of the University of Denver and a
former employee of the Denver Research Institute;
-
The Denver Research Institute was imposed upon NCAI as a major sub-
contractor, or co-contractor, by SRS;
-
After securing the agreement of NCAI to include DRI in our proposal,
Denver Research Institute was placed in the position of competing with
NCAI for the contract (questionable sole-sourcing of a contract);
- NCAI was blamed for not complying with the agreement (although we
did include DRI in a substantial role in our proposal), and DRI will be
awarded the contract (although, contrary to our agreement, they did not
include NCAI in any substantial role).
We request that members of Congress and the National Congress of American
Indians be included in this investigation by the Department of Health,
Education and Welfare.
Sincerely yours,
Chank, E. Jumble
Charles E. Trimble
Executive Director
cc: Hon. Brad Patterson
Hon. Robert Fulton
Cong. Sidney Yates
Cong. Pat Schroeder
Sen. Floyd Haskell
Sen. Gary Hart
THE WHITE HOUSE
WASHINGTON
(matt
October 26
Bill -
Much enjoyed seeing you at Nancy's
soiree.
Bill, just this morning this came
in to my desk. It is precisely the subject
I want to talk with you about
X
I ant to sit down with you and
perhaps also (at your discretion) a few
others from HEW and SRS like perhaps Julia
Taft and George Bluespruce.
I'll be glad to come over your way
if you can set up a little socratic
session.
*- tho not limited
to Arizona
Back
18
INTER TRIBAL COUNCIL
TRIBES
of
ARIZONA
GOVERNING BOARD
October 20, 1976
AK-CHIN COMMUNITY
CAMP VERDE TRIBE
COCOPAH TRIBE
COLORADO RIVER TRIBES
WHITE MT. APACHE TRIBE
FORT McDOWELL TRIBE
FORT MOHAVE
GILA RIVER TRIBE
HAVASUPAI TRIBE
HOPI TRIBE
Mr. Bradley Patterson
HUALAPAI TRIBE
KAIBAB-PAIUTE TRIBE
Counsel to the President
PAPAGO TRIBE
PAYSON TONTO APACHE
The White House
QUECHAN TRIBE
SALT RIVER TRIBE
SAN CARLOS APACHE TRIBE
Washington, D.C.
YAVAPAI-PRESCOTT COMMUNITY
Dear Mr. Patterson:
The Inter-Tribal Council of Arizona has directed me
to write to you concerning the failure of the Social
Security Act Amendments of 1975 to deliver social ser-
vices to Indian tribes in Arizona.
The Inter-Tribal Council of Arizona consists of 18
tribes. Each tribe is an independent, self-governing
dependent sovereign under the Constitution of the United
States. In this regard, none of the member tribes are
subject to the jurisdiction of the State of Arizona or
any political subdivision of the State. Arizona laws
do not apply on the reservations.
In the Spring of 1975, the Inter-Tribal Council of
Arizona reviewed the amendments to the Social Security
Act of 1975, hereinafter referred to cumulatively as
Title XX. Those amendments provided Federal funds to
the State of Arizona for the provision of certain
mandatory and optional social services to the general
population of the State.
HEW drafted regulations implementing the above
GERLOD FORD LIBERTY
referenced amendments which improperly and illegally
designated Indian tribes as political subdivisions of
the State. Such regulations allow for the establishment
of an Indian tribe or tribes as "authorities", which
authorities may establish their own codes, regulations
and standards concerning the administration of certain
social services on the reservation. The regulations
further allow tribes to contract with states to serve
as such authorities.
Mr. Bradley Patterson
October 18, 1976
Page 2
In addition to the illegal designation of Indian tribes as
political subdivisions of the State, the State would require an
Indian tribe to demonstrate that its codes, regulations and
standards are suitable to the State. In addition to the lack of
cultural understanding, two problems exist in this regard. One,
the State has no jurisdiction to judge such codes, regulations
and standards; and two, the Title XX funds are unavailable for
the development or updating of codes, regulations and standards
where such are not presently in a condition to meet "State
standards".
Indian tribes would also be required to demonstrate that
they presently have staff trained to administer such social ser-
vices programs. Although not all tribes have sufficient staff
to administer all such programs, the tribes could hire and
train such personnel if Title XX funds could be used for this
purpose.
In many instances, the State and Federal standards to be
observed, whether for housing, institutional care, education
level for staff, or otherwise, fail to recognize the substantial
cultural differences on reservations. On most reservations for
instance, housing standards cannot be met; and although tribal
members could be trained to administer such programs, they would
not qualify under State or Federal educational standards.
The Inter-Tribal Council of Arizona has been informed by
the Bureau of Indian Affairs (BIA) and the Indian Health Service
(IHS) that funds for Indian social services by those agencies
will be considered "residual" and such funds will not be pro-
vided where other funds are "otherwise available" through the
State, such as Title XX. This interpretation by the BIA and
IHS would result in a reduction of existing levels of social
services to tribes.
Further complicating this area is the requirement under
Title XX that certain mandatory services be provided. When the
portion of the funds available to Indian tribes are divided on
the State formula, the total sum available to each tribe under
Title XX for social services is minimal. In many instances,
the total funds available are insufficient to run any given
existing program on the reservation and obviously fall far
short of funds sufficient to administer all mandatory programs
on the reservation.
The State's intention concerning one such program can be
drawn from its letter to the Colorado River Tribal Council dated
Mr. Bradley Patterson
October 18, 1976
Page 3
October 27, 1975 as follows:
"You are probably aware that Public Law 93-647
added part (d)
child support and establishment
of paternity- to Title IV of the Social Security
Act. Also ARS 4101954. (c) was amended to re-
quire this department to administer 'income
maintenance services, which shall include
child support collection services, establishment
of paternity services
1
Thus our Statewide
child support enforcement program becomes part
of the national network of similar programs.
"One of the Federal requirements levied upon
the State at 45 CFR 302.34 is that the state
will enter into written agreements for coopera-
tive arrangements with appropriate courts and
law enforcement officials. Such agreements may
be entered into with a single official covering
more than one court, official or agency, if
such single official has the legal authority to
enter into agreements on behalf of such courts,
officials or agencies. ' "
These paragraphs tend to indicate, without expressly stat-
ing, that the Social Security Act Amendments give the State
authority in the above described area and require the State to
enter into written agreements with appropriate courts and law
enforcement officials, while leaving open the possibility that
such courts may be tribal courts.
A pervasive problem exists where Federal regulations con-
cerning "audit exception" require, if implemented, State control
in monitoring of programs administered on Indian reservations
where State control and jurisdiction is presently non-existent
in Arizona. The problem is magnified by "audit exception" and
the responsibility to "monitor" under the Federal regulations
which gives the ultimate responsibility, and therefore the
opportunity, for states to substitute their judgment in every
area of Title XX administration.
This letter has not attempted to discuss the many complex
legal-jurisdictional problems which make it impossible for
Arizona Indian tribes to enter into agreements to administer
such programs under the jurisdiction and supervision of the
State or to allow the State to administer such programs, in the
absence of such agreement, on the reservation. The Inter-Tribal
Mr. Bradley Patterson
October 18, 1976
Page 4
Council does, however, have substantial research and information
available which demonstrates the overwhelming impossibility of
such arrangements.
From early Spring 1975 until the present time, Inter-Tribal
Council of Arizona has attempted to cooperate with HEW, IHS, BIA,
NCAI, Arizona Department of Economic Security (DES), and other
institutions responsible, interested or affected by the adminis-
tration of Title XX.
Our organization developed an early expertise and knowledge
in this area and pursuant to directions from our members, has
attempted to inform other organizations, including State and
Federal agencies, of the requirement for Federal legislation to
remedy the fatal defects in Title XX. To this date, we have
met with continued failure and frustration in our efforts to
gain the cooperation of many of the organizations listed above.
In this regard, the Arizona tribes, consisting of nearly half of
the reservation Indian population in the United States, still
are receiving substantially no social service programs under
Title XX.
From the early inception, HEW has demonstrated a lack of
understanding and appreciation of the special Federal relation-
ship which Indian tribes in Non-Public Law 280 states have with
the Federal Government. This lack of understanding has been
manifest in HEW's representation that national studies were re-
quired to document the Title XX problems with reference to
Indian tribes. Although Inter-Tribal Council of Arizona was
reluctant to incur the delay of such national studies, it con-
sented to such national studies in November 1975, providing
that it would be allowed a substantial role in such studies and
that such studies be implemented immediately so that at a point
no later than the opening of the Congressional Session in
January of 1977, the failure of the Social Security Act Amend-
ments of 1975 would be documented.
For nearly a year, Inter-Tribal Council has worked with
national organizations in an attempt to get such a study
approved and implemented by HEW. Recently, on September 30,
1976, after months of delay by HEW, such a program was again
thwarted by the efforts of persons who still fail to understand
the exigency and needs of Arizona Indian tribes in the effort
to receive social services under the Social Security Act Amend-
ments of 1975.
FORD
GERALD
Mr. Bradley Patterson
October 18, 1976
Page 5
It appears to be the present intention of HEW to wait until
the Spring of 1977 to advertise for contracts for a national
study in this regard. This contracting period will, no doubt,
take months to culminate an executed contract and then more than
a year to complete. Such action by HEW demonstrates total dis-
regard for the needs of the Arizona Indian tribes with reference
to Title XX. This conduct will result in a delay of two more
years in order to document the fact that Arizona tribes are not
receiving Title XX social services. At that time, such informa-
tion would theoretically be introduced to Congress and the
legislative process would begin to examine the possible amendment
to the existing law. This delay and this conduct is intolerable.
Administration by the State of Arizona of Title XX would
substantially interfere with the tribal right of self-government,
the right to govern and administer the affairs of persons resid-
ing within the exterior boundaries of the reservation and the
jurisdiction of the tribes.
The State of Arizona in the past and recently has suggested
that "matching funds" under Title XX provided by the State of
Arizona would be justification for imposing certain types of
State taxes within the reservation boundaries, namely, lease-
hold taxes, water taxes, personal property taxes and mineral
severance taxes. Such taxation is an erosion of tribal
sovereignty and directly interferes with the right of Indian
tribes to impose their own tax and regulate the persons operat-
ing and doing business within the exterior boundaries of the
reservation. In this regard, Title XX allows for information
obtained through the State administration of programs on the
reservation to be made available to State officials. Such in-
formation can be used as a direct tool by the State in its
efforts to tax Indian tribes.
We have authorized our attorneys to contact you and provide
documentation which will illustrate specifically the areas dis-
cussed in this letter, including a proposed form of amendment
which we believe will remedy most of the problems enumerated.
The members of the Inter-Tribal Council of Arizona desire
to maintain a direct Federal relationship concerning the delivery
of social services to persons dwelling within the exterior
boundaries of the reservations. It is clearly impossible for
that relationship to exist under the present status of the Social
Security Act Amendments of 1975. Therefore, we are respectfully
requesting that you immediately direct the Secretary of HEW to
Mr. Bradley Patterson
October 18, 1976
Page 6
implement a program, which substantially involves the Inter-Tribal
Council of Arizona, which would effectively deliver the informa-
tion to Congress which is necessary to justify changes to the
Social Security Act Amendments of 1975 when Congress reconvenes
in January of 1977.
Your assistance would be greatly appreciated.
Yours very truly,
INTER-TRIBAL COUNCIL OF ARIZONA
John Peuro
John Lewis
Executive Director
jsm
NATIONAL
OF
SUITE 700, 1430 K STREET, N.W., WASHINGTON, D.C. 20005 (202) 347-9520
AMERICAN
November 23, 1976
-INDIANS
EXECUTIVE COMMITTEE
Honorable David Mathews
PRESIDENT
Secretary, U.S. Department
Mel Tonasket
Health, Education & Welfare
Colville
330 Independence Avenue, S.W.
FIRST VICE-PRESIDENT
Washington, D.C. 20201
Veronica Murdock
Mohave
Dear Secretary Mathews:
TREASURER
Ray Goetting
Caddo
Thank you for your letter of November 4, 1976, in response
RECORDING SECRETARY
to our letter of September 27, 1976, in which we raised
Ramona Bennett
several issues concerning the funding of a study to look
Puyallup
into the utility and responsiveness of Title XX in the
EXECUTIVE DIRECTOR
delivery of services to Indian people living on reservations.
Charles Trimble
Oglala Sioux
We find your response cursory inadequate and unacceptable.
AREA VICE PRESIDENTS
Unfortunately there seems to be no concern or realization
on the part of the Department of. Health, Education & Welfare
ABERDEEN AREA
of the following facts:
Joe Chase
Mandan
ALASKA AREA
1. National Congress of American Indians (NCAI) is the
Gordon Jackson
only organization in the country uniquely qualified
Tlinget
to conduct the proposed study.
ANADARKO AREA
Juanita Ahtone
2, NCAI is the only organization having the rapport with
Kiowa
tribes nationally through membership in the country
BILLINGS AREA
affected by Title XX Programs.
Ray Spang
Northern Cheyenne
3, On the basis of the initial committment of the Regional
GALLUP AREA
Committee of SRS, Mr, McGavich and Commissioner Young,
Victor Sarracino
NCAI and Indian tribes have spent countless hours meet-
Laguna
ing with various HEW representatives detailed in our
MINNEAPOLIS AREA
letter of September 27, 1976.
Stanley Webster
Oneida
MUSKOGEE AREA
4. 124 Indian tribes have spent countless hours during the
Katharine Whitehorn
annual NCAI conventions in November 1975 and October
Osage
1976, in the vain hope that the very least HEW could do
PHOENIX AREA
to address this problem was to commission a study, so
Irene Cuch
that the whole issue of social service delivery problem
Ute
to Indian people can be studied; and comprehensive recom-
PORTLAND AREA
mendations be made to HEW, that would have the complete
Roger Jim
input and support of Indian people.
Yakima
SACRAMENTO AREA
5, NCAI has the staff and support capability to carry out
Rachel Nabahe
Shoshone/Paiute
the study effectively and efficiently.
SOUTHEAST AREA
Jonathan Ed Taylor
Cherokee
Hon, David Mathews Page 2
6. NCAI worked with the SRS and ONAP staff to rework its study design;
to include the funding stipulations of both agencies only to then
be told, first, that the contract would be awarded to the Denver
Research Institute and when NCAI raised this concern in our letter
of September 27, 1976; then to be told that SRS intends to have a
competitive procurement by your letter of November 4.
All this, unfortunately, is the lastest of the series of indicators that the
federal government can twist, turn or ignore the wishes of Indian people
almost at will, While HEW delays even the start of a study, thousands of
Indian people go without basic social services, available to all Americans
for years.
It has been generally agreed upon that there is no other organization so
uniquely qualified to do the proposed study as NCAI. It has also been agreed
upon by the agencies involved and Indian people that this study is very neces-
sary, Therefore, we again request that funds be released to NCAI, so that we
can start immediately with the proposed study, which has been delayed for more
than a year and has cost countless manhours of NCAI, Tribe's and HEW's time.
We look forward to an early response.
Sincerely,
Charles E. Trimble
Executive Director
cc: Mr. Brad Patterson, White House
Mr. Robert Fulton, SRS
Mr. Dominic Mastrapasqua, ONAP
Mr. Peter Bourne, M.D., Office of Pres, Elect
FORD
HALD
Futton stapped the
award 38UOH иот To the
group.
5RS will respond
FORD i LIBRARY GERALD
to the letter. they
will try D get a 0
NCAI
did. good study (copy amay).
Dancer group is
on f child Harpis welfore. Fever comference. study.
TO desirers
THE WHITE HOUSE
WASHINGTON
Bob Fulton
HEW
245-6726
Freda Spencer
6446
THE WHITE HOUSE
WASHINGTON
SRS to stip
have, never, withhold
any growt, ofer A
to a computer
bidding. of your ad cil Yorder
clark 5 good
to talls a Trunble
SRS developm vyurs
to little
GERALD R. FORD