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For Immediate Release, August 2, 1995, by the: 

NATIONAL INDIAN EDUCATION ASSOCIATION
121 Oronoco Street
Alexandria, Virginia
phone: (703) 838-2870    fax: (703) 838-1620

Contact:  Lorraine Edmo, Executive Director
          Jack Jackson, Jr., Legislative Analyst

"Senate Appropriations Committee Reduces Indian Education Funds,
BIA Programs:  Action Moves to Senate Floor"

Wash., DC-August 2:  Action on FY1996 funding for American Indian
and Alaska Native education programs, which are part of Interior
Department Appropriations bill H.R. 1977, will shift to the Senate
floor this week.  While some Senate staffers have predicted that
the members will act on the Interior bill after the August recess,
they cautioned that a vote could take place before the planned
August 11 recess date.

At stake is funding for the Office of Indian Education (OIE) in the
Department of Education as well as funding for 187 Bureau of Indian
Affairs (BIA)-funded schools and other education programs under the
agency's jurisdiction.  Last Friday the full Senate Appropriations
Committee, chaired by Senator Mark Hatfield (R-OR), voted to accept
the Interior Appropriations Subcommittee's report that set BIA
funding at $997.2 million - a level that is $522 million below the
FY1995 level and $612.6 million below the President's FY1996
funding request.  The Subcommittee, chaired by Senator Slade Gorton
(R-WA), moved $394 million in program funding to a new Office of
Special Trustee for American Indians that would be located in the
Interior Department.

In response to the Committee's action, NIEA President Lorena Zah
Bahe stated, "We are alarmed at the deep cuts being made in the
BIA's budget in general and Indian education programs in
particular.  Education is the number one priority for thousands of
American Indians and Alaska Natives who hope to improve their
communities and secure a productive future for their children. 
These cuts will have a serious impact not just on the public and
BIA-funded schools, but on all of Indian country.  We urge the
Senate to consider the future of Indian and Alaska Native children
when the time comes to vote on the Interior Appropriations
legislation.  Our children cannot afford any more cuts to their
education."

Senators Pete V. Domenici (R-NM) and Daniel K. Inouye (D-HI)
offered a bipartisan amendment at the July 28 hearing that would
have restored $284.5 million in critical program funding for the
BIA.  The Domenici-Inouye amendment was not acted on at that time
and will, instead, be brought up when the Interior bill is
considered on the Senate floor.  Senator Domenici argued that most
of the $394 million in program funding would come from the Office
of Indian Programs and "Non-Recurring Programs," which fund special
BIA law enforcement efforts, tribal courts, community development,
self-governance programs, Indian business development grants,
irrigation programs, forestry initiatives, and water management
programs.  Staff analysis by the Senate Committee on Indian Affairs
revealed that if these programs are not restored, then program
funds for salaries at the tribal government level will face a 28
percent cut.

Senator Domenici indicated that the major programs the Domenici-
Inouye amendment is intended to re-establish are those that
"directly employ Indians on their own reservations.  These funds
flow directly to the tribal governments, where priorities are set
in such key areas as tribal government, human services, education,
public safety and resource management."  According to Carole
McGuire, Professional Staff member of the Senate Budget Committee,
the Senate Appropriations Committee "found funds to restore the
basic program of the Office of Indian Education [however] this was
all the Committee could do."

Funding for OIE was approved by the Committee at $54.6 million. 
This would provide $52.5 million for formula grants to local
education agencies (LEAs) and $2.1 million for administration of
these grants.  In order to meet the FY1995 level, and additional
$28 million would have to be found in offset funds.

Senate sources have indicated that if any amendments are offered to
try to restore the $28 million to OIE, these funds would have to
come from the same sources as the Domenici-Inouye amendment would
draw upon in order to fund Tribal Priority Allocations and other
BIA programs.  The amendment identifies offsets from ten competing
Interior agencies.  Senate Indian Committee staff members are still
not sure whether the offsets will be approved in the Senate and
they are expecting objections to be raised about some of these
agency reductions.

The following are the Senate Appropriations Committee's actions
regarding BIA Education Programs Other than TPA:

 The SPECIAL HIGHER EDUCATION SCHOLARSHIP PROGRAM administered
     by the American Indian Graduate Center (AIGC) in Albuquerque,
     NM was included in the Senate bill at $2.7 million.  The House
     did not include any funds and the fate of this program will be
     decided in Conference Committee.

   BIA SCHOOL OPERATIONS.  The Committee increased this category
     by $2.2 million above the FY 1995 level.  For Indian Student
     Equalization Program (ISEP) funds, the Committee recommended
     an increase of $3.4 million above the FY1995 level.  The
     Senate figures are little higher than the House, which
     recommended a $1.9 million increase for school operations. 
     These figures, however, remain far short of the President's
     request.  The House was $31 million under and the Senate is
     $30.6 million under the Presidents's request.  It is estimated
     that BIA's Weighted Student Unit (WSU) will be below the 1993-
     94 level in FY1996.

(The Committee, in its report accompanying the bill, noted the
following:  "Offsetting these increases is a reduction of $2
million associated with the PROHIBITION [emphasis added] of use of
funds for travel and training costs associated with national
meetings."  Section 328 of the provisions section states that "the
Committee is troubled by the excessive costs associated with
multiple national conferences each year.  During a time of
declining budgets, it is imperative that scarce resources are spent
on classroom activities."  This language applies to both the Office
of Indian Education at the Education Department and BIA Education
Programs.)

   EARLY CHILDHOOD EDUCATION.  The Committee recommended $5.5
     million, a reduction of $1 million below the FY1995 funding
     level.  This reduction represents savings expected from the
     prohibition on travel and training expenses related to
     national conferences (see above).

  BIA SCHOOL CONSTRUCTION.  The Committee recommended $45.5
     million for education construction - a cut of $23.6 million
     from the President's request.  Funding was provided to
     complete the Chief Leschi Indian School in Washington State. 
     No funding was provided for the Many Farms High School.  The
     Committee recommended a reduction of $134,000 for pay costs
     and $10 million for facilities improvement and repair.  The
     Committee also included no funding for a pilot project for
     alternative financing for school construction.

   CONTINUING EDUCATION.  The Committee provided $27.4 million
     for this item that provides funds to the tribally-controlled
     community colleges.  There was no change from the President's
     request.

   The Committee provided no funds for the EFFECTIVE SCHOOLS
     PROGRAM and instead, transferred that funding for distribution
     to all schools through ISEP.  The Committee did not provide
     any funds for TRIBAL DEPARTMENTS OF EDUCATION.

   Although the Committee recommended funding THE INSTITUTE OF
     AMERICAN INDIAN ARTS AND CULTURE in Santa Fe, New Mexico at
     $5.5 million, it also recommended, like the House, that
     federal funding be phased out.

NIEA is in the process of preparing a more detailed newsletter
supplement for its membership that will also include information on
appropriations for programs funded under the authority of the
Labor, Health and Human Services, and Education Appropriations
Subcommittee.  If you are not an NIEA member and want a copy of the
supplement, please call NIEA at 703/838-2870..

Jump to Next Statement---

The statement below of Rep. Bill Richardson was posted by James Casey, an Indian attorney whose parctice involves many tribal cases. Rep. Richardson requested that this information be circulated. Rep. Richardson talks about the even broader cuts more wide-ranging than only Indian education. He also discusses the legal and historical reasons (trust relationship "utmost good faith" Northwest Territory Commerce-with-Indians laws, etc.) why this shuldn't be done even in an era where Congress is madly budget-slashing appropriates that support services for all citizens. Richardson's statment gives the broader context of the federal funding picture within which the NIEA Indian Education analysis is an understatement of the effects.

Statement for 8/2 press conference.  485 Russell Building.

Statement of Rep. Bill Richardson
Senior Democratic Member
House Committee on Resources
Subcommittee on National Parks, Forests and Lands.

August 2, 1995

The Congressional Assault on Tribal Sovereignty

        I am here because I share the grave concerns of my
colleagues and the more than 550 American Indian and Alaska
Native tribes of this Nation regarding the unprecedented
budgetary cuts and assaults on tribal sovereignty currently
underway in the 104th Congress.  As the former chairman of the
House Subcommittee on Native American Affairs, I find it
especially difficult to watch as this body attempts to undermine
the hard fought victories that Indian tribes have won in the past
30 years.

        It is hard to understate the enormity of the cuts in this
year's appropriations bills.  For instance, the House Interior
appropriations bill cuts BIA and Department of Education funding
for Indian education by $61 million, eliminates important
scholarships and adult education, and restricts funding of
Self-Determination contracts and Self-Governance compacts.  The
Interior bill fails to include enough funding for the Indian
Health Service to maintain its current level of services.  And,
the House Interior report penalizes tribal self-determination and
economic growth by requiring the Secretary of the Interior to
prepare a means testing report on Indian tribes who conduct
gaming operations.

        The Commerce, Justice appropriations bill eliminates the
line item for Indian legal services.  The Agriculture
appropriations bill calls for the termination of the commodities
program.  The VA-HUD appropriations bill cuts funding for new
Indian housing by two-thirds.  The Labor-HHS appropriations bill
eliminates additional Indian education funding, funding for the
protection of tribal elders, reduces meals for tribal elders by
$845,000, and eliminates the low-income heating assistance
program.  In addition, the Labor-HHS bill would put sharp curbs
on the amount of political or legal advocacy that tribal
governments or organizations could undertake at the federal
level.

        The tribal outcry that has arisen because of these actions
and others should tell us that we need to seriously examine and
rethink our relationship with Indian country.  In order to do so,
we must:

         *       recognize that tribes are sovereign entities and not
merely another set of minority or special interest groups.

         *       acknowledge our moral and legal responsibility to
protect and aid Indian tribes.

        *        adhere to a set of principles that will enable us deal
fairly and honestly with Indian tribes.

        From the founding of this Nation, Indian tribes have been
recognized as "distinct, independent, political communities"
exercising the powers of self-government, not by virtue of any
delegation of powers from the Federal government, but rather by
virtue of their own inherent sovereignty.  The tribes'
sovereignty pre-dates the Constitution and forms the backdrop
against which the United States has entered into relations with
the Indian tribes.

        The United States also has a moral and legal trust
responsibility to Indian tribes.  Since the founding of the
country, the U.S. has promised to uphold the rights of Indian
tribes, and serve as the trustee of Indian lands and resources.
The U.S. has vowed, through treaties such as the 1868 Navajo
treaty, that Indians would be housed, educated, and afforded
decent health care.  We have failed on nearly every count.

        Perhaps we need to look to the past in order for us to
understand our proper relationship with Indian tribes.  More than
two centuries ago, Congress set forth what should be our guiding
principles.  In 1789, Congress passed the Northwest Ordinance, a
set of seven articles intended to govern the addition of new
states to the Union.  These articles served as a compact between
the people and the States, and were "to forever remain
unalterable, unless by common consent."  Article Three set forth
the Nation's policy towards Indian tribes:

"The utmost good faith shall always be observed towards the
Indians; their land and property shall never be taken away from
them without their consent ... but laws founded in justice and
humanity shall from time to time be made, for preventing wrongs
to them... ."

        Each of us should memorize these words.  Our forefathers
carefully and wisely chose these principles to govern the conduct
of Congress in its dealing with American Indian tribes.  Over the
years, but especially in this Congress, we have strayed from
these principles -- the principles of good faith, consent,
justice and humanity.  It is time for us to return to and remain
faithful to these principles.

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Posted by:
James A. Casey
Attorney @ Law

Fletcher, Heald & Hildreth, P.L.C.
1300 N. 17th Street, 11th Floor
Rosslyn, VA 22209
(703) 812-0400

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