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S. 1017 (93rd): Indian Self-Determination and Educational Reform Act

The Indian Self-Determination and Education Assistance Act of 1975 (Public Law 93-638) authorized the Secretary of the Interior, the Secretary of Health, Education, and Welfare, and some other government agencies to enter into contracts with, and make grants directly to, federally recognized Indian tribes. The tribes would have authority for how they administered the funds, which gave them greater control over their welfare. The ISDEAA is codified at Title 25, United States Code, beginning at section 5301 (formerly section 450).

Signed into law on January 4, 1975, the ISDEAA made self-determination the focus of government action. The Act reversed a 30-year effort by the federal government under its preceding termination policy to sever treaty relationships with and obligations to Indian tribes. The Act was the result of 15 years of change, influenced by American Indian activism, the Civil Rights Movement, and community development based on grassroots political participation.

This summary is from Wikipedia.

Last updated Oct 11, 2018. Source: Wikipedia

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


1/4/1975--Public Law. (LATEST SUMMARY) Indian Self-Determination and Education Assistance Act - Declares that the Congress recognizes a Federal obligation to be responsive to the principle of self-determination through Indian involvement, participation, and direction of educational and service programs. Sets reporting requirements for Federal audits on the part of contractors. Provides for criminal penalties for embezzlement and fraud in connection with contracts. Requires that wage and labor standards of the Davis - Bacon Act (40 U.S.C. 276) are applied to contracts under this Act. Grants perference to Indians in training and employment in the administration of contracts and grants under this Act. Authorizes the carry-over of funds from one fiscal year to the next. =Title I: The Indian Self-Determination Act= - Indian Self-Determination Act - Directs the Secretary of the Interior, at the request of a tribe, to contract with any tribal organization to carry out the services and programs the Federal Government provides to Indians. Provides a procedure for the determination of the advisability of a particular contract and details the procedure by which the Secretary may decline to enter into a proposed contract. Provides that the Secretary may require any tribe requesting a contract to obtain adequate liability insurance coverage. Authorizes the Secretary of Health, Education, and Welfare to contract out the functions of the Indian Health Services to tribal organizations. Authorizes the Secretaries of Interior and Health, Education, and Welfare to make grants to tribal organizations to facilitate and implement contracting. Provides for assignment of personnel from throughout the Federal Government to the contracting Indian tribes without any interruption in their service or military benefits or status. Sets forth standards for making and amending contracts. Provides that the Indian contractor must apply the same standards in the implementation of the contract as would the Federal Government. Preserves the existing sovereign immunity of any Indian tribe. Preserves the existing trust responsibility of the United States with respect to the Indian people. =Title II: Indian Education Assistance Act= - Indian Education Assistance Act - Provides for contracts between the Secretary of the Interior and States or Indian tribes to assist local school districts in educating Indian children. Prohibits the Secretary of the Interior from entering into any contract for the education of Indians unless the prospective contractor has submitted to, and has had approved by the Secretary of the Interior, an education plan, which plan, in the determination of the Secretary, contains educational objectives which adequately address the educational needs of the Indian students who are to be beneficiaries of the contract and assures that the contractor is capable of meeting such objectives. Provides that whenever a school district affected by a contract or contracts for the education of Indians pursuant to this Act has a local school board not composed of a majority of Indians, the parents of the Indian children enrolled in the school or schools affected by such contract or contracts shall elect a local committee from among their number. Requires that such committee fully participate in the development of, and have the authority to approve or disapprove programs to be conducted under such contract or contracts, and carry out such other duties, and be so structured, as the Secretary of the Interior shall by regulation provide. Authorizes the Secretary to enter into a contract or contracts with any State education agency or school district for the purpose of assisting such agency or district in the acquisition of sites for, or the construction, acquisition, or renovation of, facilities (including all necessary equipment) in school districts on or adjacent to or in close proximity to any Indian reservation or other lands held in trust by the United States for Indians, if such facilities are necessary for the education of Indians residing on any such reservation or lands. Prohibits funds from any grant or contract pursuant to this title to be made available to any school district unless the Secretary is satisfied that the quality and standard of education, including facilities and auxiliary services, for Indian students enrolled in the schools of such district are at least equal to that provided all other students from resources, other than resources provided in this title, available to the local school district.