166. Extension of Indian Preference in Employment, June 26, 1972
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264 which are entitled to payments under this title and which have submitted, and had approved , applications therefor, in accordance with the provisions of this title. . . . improvement of educational opportunities for indian children Sec. 810. (a) The Commissioner shall carry out a program of making grants for the improvements of educational opportunities for Indian children. . . . (b) The Commissioner is authorized to make grants to State and local educational agencies, federally supported elementary and secondary schools for Indian children and to Indian tribes, organizations, and institutions to support planning, pilot, and demonstration projects which are designed to plan for, and test and demonstrate the effectiveness of, programs for improving educational opportunities for Indian children. . . . (c) The Commissioner is also authorized to make grants to State and local educational agencies and to tribal and other Indian community organizations to assist and stimulate them in developing and establishing educational services and programs specifically designed to improve educational opportunities for Indian children. . . . (d) The Commissioner is also authorized to make grants to institutions of higher education and to State and local educational agencies, in combination with institutions of higher education, for carrying out programs and projects— (1) to prepare persons to serve Indian children as teachers, teacher aides, social workers, and ancillary educational personnel ; and (2) to improve the qualifications of such persons who are serving Indian children in such capacities. Grants for the purposes of this subsection may be used for the establishment of fellowship programs leading to an advanced degree, for institutes and, as part of a continuing program, for seminars, symposia, workshops , and conferences. In carrying out the programs authorized by this subsection, preferences shall be given to the training of Indians . . . . improvement of educational opportunities for adult indians Sec. 314. (a) The Commissioner shall carry out a program of making grants to State and local educational agencies, and to Indian tribes, institutions, and organizations, to support planning, pilot, and demonstration projects which are designed to plan for, and test and demonstrate the effectiveness of, programs for providing adult education for Indians. . . . office of indian education Sec. 441. (a) There is hereby established, in the Office of Education, a bureau to be known as the “Office of Indian Education ”. . . . The Office shall be headed by a Deputy Commissioner of Indian Education, who shall be appointed by the Commissioner of Education from a list of nominees submitted to him by the National Advisory Council on Indian Education. . . . national advisory council on indian education Sec. 442. (a) There is hereby established the National Advisory Council on Indian Education . . . , which shall consist of fifteen members who are Indians and Alaska Natives appointed by the President of the United States. Such appointments shall be made by the President from lists of nominees furnished , from time to time, by Indian tribes and organizations, and shall represent diverse geographic areas of the country. . . . [U.S. Statutes at Large, 86:335, 339–43.] 166. Extension of Indian Preference in Employment June 26, 1972 The Indian Reorganization Act of 1934 authorized Indian preference in employing personnel for the Bureau of Indian Affairs without regard for civil service regulations, but that authority was generally applied only to original hiring. Commissioner of Indian Affairs Louis R. Bruce extended the practice to cover all vacancies. His action was upheld in Morton v. Mancari (1974). 265 The Secretary of the Interior announced today he has approved the Bureau’s policy to extend Indian Preference to training and to filling vacancies by original appointment, reinstatement and promotions. The new policy was discussed with the National President of the National Federation of Federal Employees under National Consultation Rights NFFE has with the Department. Secretary Morton and I jointly stress that careful attention must be given to protecting the rights of non-Indian employees. The new policy provides as follows: Where two or more candidates who meet the established qualification requirements are available for filling a vacancy , if one of them is an Indian, he shall be given preference in filling the vacancy. This new policy is effective immediately, and is incorporated into all existing programs such as the Promotion Program. . . . You should take immediate steps to notify all employees and recognized unions of this policy. [Bureau of Indian Affairs, Personnel Management Letter no. 72–12, printed in Morton v. Mancari, 417 U.S. Reports, 538n.] 167. Menominee Restoration Act December 22, 1973 The deleterious effects of termination on the Menominee Indians of Wisconsin led to agitation for repeal of...