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Education - Bureau of Indian Affairs
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1103369
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Education - Bureau of Indian Affairs
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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
Education
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1103369
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1976-10-01
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1976
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1976-10-01
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1976
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The original documents are located in Box 2, folder "Education - Bureau of Indian Affairs"
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States of America his copyrights in all of his unpublished writings in National Archives collections.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 2 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library
Chinio telegram
No NICA Brand
action. BIA employees may
have gattu to ws.
printely
has K promised t go
met W WC.-- slow
FORD LIBRARY is QENALD
THE WHITE HOUSE
WASHINGTON
November 9
Ted -
Per conversation
.
Please give Wendell
a call promptly and perhaps offer
to sit down with him. Let me
know how you come out.
FORD & GERALD LIBRARY
2
3
5
6
The House
1
Washing
2
3
WHD017 153P EST NOV 5 76
WAC134(1344)(1-017646A310)PD 11/05/76 12
4
ICS IPMAYKB ABQ
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5
1976 NOV 5 PM 217
6
02030 NL PD ALBUQUERQUE NM 184 11-05 931A MST
7
5
PMS BRADLEY H PATTERSON, JR
9
THE WHITE HOUSE
10
11
WASHINGTON DC 20500
12
A MATTER EXISTS WHICH NEEDS YOUR IMMEDIATE ATTENTION. IN THE
13
14
BUREAU OF INDIAN AFFAIRS OF THE DEPARTMENT OF THE INTERIOR, A
15
REORGANIZATION OF THE CENTRAL OFFICE OF INDIAN EDUCATION
R.
16
17
PROGRAMS IS UNDERWAY. THIS IS BEING DONE WITHOUT PROPER
GERAL
18
CONSULTATION WITH TRIBAL LEADERS DESPITE AN AVOWED POLICY
19
LIBRARY FORD
20
OF CONSULTATION AND PUBLIC LAW 93-638 WHICH REQUIRES IT.
FORM 0805 PRINTED at THE STANDARD REGISTER COMPANY D.
21
ADDITIONALLY, PRESIDENT-ELECT CARTER AND MEMBERS OF HIS STAFF ARE
22
23
IN THE PROCESS OF CHOOSING WHO WILL HEAD THE VARIOUS DEPARTMENTS
24
AND BUREAUS AND DETERMINING OTHER MATTERS WHICH WILL CAUSE
25
26
A SMOOTH TRANSITION. IT SEEMS TO ME THAT WHAT IS BEING DONE IN
2
3
4
5
&
1
2
3
4
5
6
INDIAN EDUCATION IS AN ATTEMPT TO USURP PREROGATIVES THE NEW
7
a
ADMINISTRATION WOULD EXERCISE AFTER CONSULTATION WITH TRIBAL
9
LEADERS WHOSE PEOPLE ARE AFFECTED. I DO NOT FEEL THAT SUCH
10
11
CHANGES SHOULD OCCUR IN INDIAN AFFAIRS DURING THE TRANSITION
12
PERIOD. YOUR HELP IN GETTING THIS REORGANIZATION STOPPED IS
13
14
NEEDED.
15
WHEN TIME PERMITS, I LOOK FORWARD TO DISCUSSING INDIAN
16
17
EDUCATION AND OTHER PROGRAMS AFFECTING INDIAN TRIBES SERVED BY THE
18
BUREAU OF INDIAN AFFAIRS WITH YOU OR PRESIDENT FORD.
19
20
SINCERELY YOURS
FORM 0805 PRINTED BY THE STANDARD REGISTER COMPANY, #
21
WENDELL CHINO, PRESIDENT NATIONAL TRIBAL CHAIRMEN'S
22
23
ASSOCIATION 1701 PENNSYLVANIA AVE NW WASHINGTON D. C. 20006
24
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THE REN
October 19, 1976
Dear Mr. Rogers:
The President has asked me to thank you for your
recent note about the BIA's higher education
program.
Since this is a matter within the jurisdiction of
the Bureau of Indian Affairs, I am asking
Commissioner Thompson to review your letter
personally and to send you a response.
Sincerely yours,
Bradley H. Patterson, Jr.
Mr. Michael R. Rogers
FORD is LIBRARY GERALD
Native American Political Association
Route 1, Box 2142
Davis, California 95616
CC: Commissioner Morris Thompson
of
Reaffirm Directive
Mr. President:
BP
We need your help. The Bureau of
Indian Affairs' Native American Higher
Education Assistance Program is in
had
jeopardy nationwide. There is serious
concern by all Indian tribes across
the nation. A public statementrea firming
your directive, Order No. 2954 and
adherence to Public haw 92-638, Section 3
(a) and (b) for funding at the local level,
would be very helpful at this time.
To help would be a very Kind
and gracious thing to do.
Respectfully,
TO# LIBRARY divaso
Geshal R. Rogen
with
WHITE HOUSE
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EDUCATION CONFERENCE
CARAVAN INN - ⑉ SACRAMENTO, CALIFORNIA
On 18 September 1976 at the Bureau of Indian Affairs conference
on the Reorganization of the Bureau of Indian Affairs Office of Indian
Education held in Sacramento, California the Indian Tribal representatives
and other groups and representatives of the State of California in attendance
do hereby request the California Indian Legal Services to investigate the
legal aspects and to file an action for injunctive relief prohibiting the
implementation of the Bureau of Indian Affairs reorganization of the Office
of Indian Education signed by the Secretary of the Interior on July 13th,
1976, until information on theimpact of the reorganization is disemminated
to the various Indian Tribes and groups of the State of California and these
groups are given the opportunity to provide recommendations and input on
this reorganization.
Furthermore, the Indians present at thissconference requests that the
proposed injunciive relief will include provisions to protect and maintain
the present organization of the Bureau of Indian Affairs - Office of Indian
Education until this dispute is resolved.
Furthermore, that no changes will take place in regards to theypresent
personnel positions in the Bureau of Indian Affairs - Office of Indian Education
until this dispute is resolved.
Norman Whipple, Chairman
Motion for above request for action made by Joseph C. Saulque, seconded by Ron
Peralta and unanimously passed by all representatives present September 18th,
1976.
FORD & LIBRARY 038470
EDUCATION CONFERENCE
CARAVAN INN - SACRAMENTO, CALIFORNIA
SEPTEMBER 19, 1976
RESOLUTION
Whereas
On September 18 and 19, 1976 California Tribal leaders,
Reservation Education Representatives, Indian Educators
and concerned Indian groups met for the purpose of discussing
the swift moving events in the reorganization of the Office
of Indian Education within the Bureau of Indian affairs, and;
Whereas
The Indian representatives present vigorously protest this
action and feel it is imperative that Indian input is a
necessity in determining funding needs in Indian Education; and;
Whereas
The Bureau of Indian Affairs has taken away tribal input by
deleting Higher Education from the Band Analysis. We feel by
the deletion of Higher Education from the "Band Analysis"
process the Bureau of Indian Affairs is in clear contrast with
the intent of the Congress of the United States of America.
Congress stated their intent and direction in Public Law 93-638
when'they stated "The Congress hereby recognizes the obligation
of the United States to respond to the strong expression of the
Indian people for self-determination by assuring maximum participation
in the direction of education as well as other Federal services to
Indian communities so as to render such services more responsive
to the needs and desires of those communities".
Now Therefore Be It Resolved that:
The Bureau of Indian Affairs via the Commissioner of the Bureau
of Indian Affairs take immediate action(s) to restore Higher
Education Program dollars back on the Band Analysis and ensure
that particular sincere attention is given to educational funding
requested on the Band Analysis.
Norman Whipple, Chairman
Education Conference
EDUCATION CONFERENCE
CARAVAN INN - SACRAMENTO, CALIFORNIA
Motion made, seconded and carried by unanimous vote of representatives
present that Mr. Bearghost, representative from the Central Office of
Bureau of Indian Affairs, Office of Indian Education - speaker at the
conference would present in writing to Dr. Demmert, Director of Office
of Indian Education a report on the questions that were raised by the
California representatives present at the meeting on September 18, 1976
and that a copy of this report would be furnished to the Area Director,
Sacramento Area Office of BIA for dissemination to the Indian representa-
tives present at this conference. within two weeks.
Norman Whipple, Chairman
Signed September 18, 1976
NATIVE AMERICAN POLITICAL ASSN.
Route 1, Box 2142
Davis, California 95616
October 9, 1976
Phone (916) 756-1940
To: Tribal Leaders
Indian Organizations
The proposed reorganization of the Office of Indian
Education Programs is a matter of great concern to Indian
students, their parents and tribal leaders. The impact of this
change will be devastating to all Indian communities in the
Western States. Direct funding of all educational institutions
from the Bureau of Indian Affairs Central Office in Washington,
D.C., will be retrospective of the paternalistic attitude of
the past toward Indians as stated in section 29 (1) PL 92-638:
"has denied to Indian people an effective voice
in the planning and implementation of program
for the benefit of Indian which are responsive
to the true needs of Indian Communities."
The removal of funding commitments to local BIA edu-
cational agencies in the Western States to the Central Office
in Washington, D. C., will not only deny the Indian communities
full participation in educational needs, but will make BIA
educational funding vulnerable to maneuvers and manipulations
by those programs which can best afford to lobby. The proposed
decision to centralize the funding of educational programs
defeats the purpose of the "Self-Determination Act" as well as
tribal government participation in education.
The reorganization of the Office of Indian Education
Programs by the Commissioner of Indian Affairs, Morris Thompson
and Dr. William G. Demmert, Director of Indian Education Pro-
grams, is a matter of concern because such reorganization as
proposed is at the expense of the Indian students. The money to
pay for additional staffing for the Central Office will come
off the top of the educational programs. This means that less
money will be available for Higher Education since this program
will be the most vulneralbe under centralization. There are also
start up costs which will be extremely expensive since the Central
Office will be remote from local area criteria. The local criteria
of academic institutions, which changes from time to time, will be
an addition cost to Central Office operations, again at the expense
Page 2
of the students because of delays due to the distance involved.
Since these funds can be easily shifted, Indian students in
higher education are in danger of being forced to drop out of
school. Such a great change from local to central funding will
not be without its short comings. No detailed plan exists to
properly channel funds under the proposed reorganization of the
Central Office. No impact report is available. It is the students
who will suffer for such a political maneuver and manipulation of
higher education funds.
When a problem arises at present, the students or local
Indian representatives have access to the local BIA educational
funding agency, but if the funding agency is centralized 3,000
miles away intimate relations cannot exist. Students and small
communities will suffer due to the lack of finances to travel to
Washington D.C. The distance involved will make it easier for
Administrative denial of individual student allocations since
recourse by the student will be minimized. There is a definite
advantage for the Central Office in centralization of educational
funding since unused sums of money will be immediately available
for increasing the size of administration which will be number one
priority in the allocation of educational funding each year.
Not only is this plan of reorganization for greater
centralization of the Office of Indian Education Programs in
Washington adverse to Public Law 92-638 and tribal participation,
but it is in direct contradiction with the President's directive
as set forth in Order No. 2954 and issued by the Secretary of the
Interior, Rogers Morton, on May 11, 1973, and reads as follows
concerning centralization:
"ORDER NO. 2954
Subject; Realignment of Central Office Functions
and Responsibilities of the Bureau of
Indian Affairs
Sec. 1
Purpose. In this human resources message
to Congress on March 1, 1973, the President
directed that steps be taken to transfer
day-to-day operational activities of the
Bureau of Indian Affairs from Washington to
the field offices. This Order provides for
the first stage of organizational changes
in the Bureau and authorizes immediate staff-
ing of key positions in order to implement the
President's directive, reduce nonessential
Central Office support staff and increase the
effectiveness of the delivery system of
services to Indians
"
The present anticipated growth of the Central Office is
30 new positions according to the proposed Central Office organiza-
tion chart dated April 20, 1976.
FORDS LIBRARY 079815
Page 3
In Senate Report No. 94-991, Sec. 20, 94th Congress the
Appropriations Committee mandated that, "Extensive changes in
the Bureau's education division structure, however, should not
ignore the lessons of the past concerning over-centralization in
Washington." Yet, the Commissioner and Director of Education
are ignoring the Committee's mandate. They have also misconst-
rued the Committee's mandate for direct funding. The mandate
states in the same report:
"The Bureau is directed to develop a system to
allow for direct funding of BIA schools
from the Central Office to the schools."
The mandate specifically states that the Bureau is
"to allow for direct funding of BIA schools.' "To allow" means
to permit- to afford the opportunity. What is mandated in
Senate Report No. 94-991 is that "The Bureau is directed to
develop a system" to afford the opportunity for BIA schools to
receive direct funding on the condition that the schools want
direct funding. The mandate does not force direct funding, it
makes it available on request. Only three BIA schools have
requested direct funding: Haskell, Institute of American Indian
Arts, and Southwest Polytechnic Institute.
The inclusion of all BIA schools, all public schools
and all higher education institutes in the direct funding mandate
by the Commissioner and Director of Education is a willful dis-
regard to Indian Communities and the needs of Indian children. It
is the strengthening of the Central Office at the sacrifice of
Indian educational needs. ORDER NO. 2954.
"Sec. 5 Office of Indian Education Programs. The
Office of Indian Education Programs performs
Central Office programs that provide educational
opportunities to Indian youth and adults in either
Bureau, public or private schools
"
Nowhere in the President's directive does it imply or
state that funding for educational programs is to be centralized
in Washington, and yet, the Commissioner of the Bureau of Indian
Affairs has taken Higher Education funding off of the Band
Analysis of the BIA budgeting schedule in which tribal govern-
ments participate at the local level with BIA agencies. For
example, in California, tribal leaders attend budget meetings at
the Area Office to discuss and set funding priorities of programs
important to the 78 Indian reservations in California. The
projected 1977 funding of $855,000 for higher education has been
withdrawn from the Band Analysis, and the Area Office in Sacramen-
to has received a memo from the BIA Washington office that all
higher education funding is to be temporarily suspended, until
further notice, at which time a tentative allocation may be made,
The projected 1978 funding for higher education of $900,000 has
Page 4
also been withdrawn. Higher Education is a crucial priority of
the Band Analysis because the Indian Communities view Higher
Education essential in achieving a higher standard of living and
helping to meet the greater responsibilities of tribal government.
There are three BIA Higher Education agencies in California
located for efficiency and effectiveness of services to students.
The locations of the Offices are Northern California, Central and
Southern California. Accessibility of the office is beneficial
to the students in order to meet deadlines, resolve financial
problems, and to adjust to changing institutional criteria.
The Higher Education funding handled through the office
of the Area Director at the local level with meaningful participa-
tion by the Indian people is in accord with the President's
directive and "The Indian Self-Determination and Educational
Assistance Act. " The Indian people have an effective voice in
the planning and implementation of the program at the local level.
The shared responsibilities are responsive to the true needs of
the Indian communities.
The BIA Leadership is misleading the effectiveness of
operational activities of the Bureau of Indian Affairs and is in
contempt of Public Law 92-638, "The Indian Self-Determination and
Education Assistance Act." which states:
Sec. 3 (a) "The Congress hereby recognizes the
obligation of the United States to respond to the
strong expression of the Indian people for self-
determination by assuring maximum participation
in the direction of educational as well as
other Federal services to Indian communities so
as to render such services more responsive to
the needs and desires of those communities.
(b) The Congress declares it commit-
ment to the maintenance of the Federal
Government's unique and continuing relationship
with and responsibility to the Indian people
through the establishment of a meaningful Indian
self-determination policy which will permit an
orderly transition from Federal domination of
programs for and to Indians to effective and
meaningful participation by the Indian people
in the planning conduct and administration of
those programs and services.
If "No man is above the law" then both the Commissioner
Morris Thompson and Dr. William G. Demmert have willfully and
purposely violated Public Law 92-638 Sec. 3 (a) and (b) when
on July 13, 1976, Mr. Dick Hite in the Office of the Secretary
wrote the following to Commissioner Thompson.
Page 5
"I am approving the attached DM release
revising the organizational structure of
education programs in BIA. I believe the
approach you are taking is appropriate
and positive. As you are aware, there
will be position management and classifi-
cation actions resulting from this new
organization. You should begin process-
ing these on an individual basis as soon
as possible.
I would appreciate it if your staff will
work closely with the office of Organiza-
tion. and Personnel Management on this
aspect of implementation.
This approval was sought and obtained without consul-
tation with Indian leaders and Indian people. The fact that a
copy of the proposed reorganization structure was in existence
on April 20, 1976; the fact that Director of Administration at
the Indian Education Resources Center in Albuquerque was not
aware of the proposed reorganization until June 21; the fact
that the Commissioner and Director of Education have deliberately
misconstrued the Appropriation Committee mandates to increase the
Central Office at the expense of Indian education funds, the fact
that the President's directive was ignored; and the fact that in
a Department of the Interior news release on July 27, 1976, Dr.
Demmert described the organizational changes as "responsive to
the requests of Indian leaders and in accord with sound administ-
rative principles;" And yet, at the first meeting of Indian
leaders to consider the proposed BIA reorganization issue on
July 28-29, 1976 in Denver, Colorado, held at the direction of the
Office of Management and Budget for the purpose of developing
improved administrative practices in the management of the Higher
Education Assistance Program, the tribal leaders attending the
meeting opposed reorganization and wanted funding at the local
level. And on September 18, 1976, at the Education Conference
held at Sacramento, California, and attended by tribal leaders and
Indian Educational leaders throughout the state, at which
Dr. Demmert was to be a guest speaker, his topic "Proposed Organiza-
tional Structure," the leaders unaminously adopted a resolution
opposing centralization of Higher Education funding in Washington,
D.C. The tribal leaders felt it imperative that Indian involvement
is necessarty in determining funding needs in Indian education at
the local level to meet local institutional criteria and to main-
tain an assessible remedial recourse for local students who
experience funding problems.
These facts not only point out that Commissioner, Morris
Thompson and the Director of Indian Education, Dr. William D. Demmert
have willfully disregarded the law and purposely neglected their
duty, but also, have deliberately and intentionally sought to dis-
regard the Indian Communities and their tribal leaders. Such dis-
respect and deliberate violation of trust leads one to believe no
confidence can be placed in the Commissioner and his Educational
Director.
Page 6
This maneuver to force a change in higher education fund-
ing at the time the Indian Commissioner is leaving office is
politically expedient. Such a political maneuver is in bad faith
with the President's directive, the mandates of Congress, and the
BIA's obligation to the Indian people. Dr. Demmert should be made
accountable for his action of bad faith. He should be replaced
with an Educator interested in education and who will adhere to the
President's directive and the mandates of Congress.
It is imperative that students, parents, educators and
tribal leaders write to their respective Congressmen and Senators
of Dr. Demmert's irresponsible action. They should also write to
the office of the Commissioner responsible for hiring Dr. Demmert
and request his resignation, effective immediately.
Write to: The Office of the Commissioner
Bureau of Indian Affairs
Washington, D.C. 20245
We urgently need and would appreciate your assistance to
help keep educational funding at the local level so that Section 3
(a) and (b) of Public Law 92-638 "The Indian Self-Determination
and Education Assistance Act" can remain a reality.
Your consideration to help assist Indian people in their
effort to be assured of maximum participation, in the direction of
education, is a very kind and gracious thing to do.
Respectfully,
President
Gerell Rave
Director
Executive Michael Director R. Rogers
CC: President of the United States
Secretary of the Department of Interior
Senate Appropriations Committee
Columnist Jack Anderson
Office of Management and Budget
Office of the BIA Commissioner
Governor Carter
GREAT rono LIBRARY
Governor Brown
Wassaja, a National Indian Newspaper
Native American Political Assn.
We hold these Truths,
PROCLAIM LIBERTY
PROCLAIM LIBERTY
USA13e
USA13c
Roate 1, Box 2142
E PM
PM
CT
OCT 19
OCT 9
THROUGHOUT UGHOUT THELAND LAND
ALL
07 Davis, 9 California 95616
THROUGHOUT OUGHOUT ALLTHE LAND
6
UNITED STATES 10
...
First Class
HOUSE & MAILURITE
OCT 12 1976
RECEPTION Processed OCT 12 by. 1976 1 1
The President,
The White House
Washing tou 25, D.C. 20500