236. American Indian and Alaska Native Education Executive Order 13096, August 6, 1998
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365§ 1151 was enacted in 1948, we have not had an occasion to interpret the term “dependent Indian communities.” We now hold that it refers to a limited category of Indian lands that are neither reservations nor allotments, and that satisfy two requirements—first, they must have been set aside by the Federal Government for the use of the Indians as Indian land; second, they must be under federal superintendence . Our holding is based on our conclusion that in enacting § 1151, Congress codified these two requirements, which previously we had held necessary for finding of “Indian country” generally. . . . We therefore must conclude that in enacting § 1151(b), Congress indicated that a federal set-aside and a federal superintendence requirement must be satisfied for a finding of a “dependent Indian community”—just as those requirements had to be met for a finding of Indian country before 18 U.S.C.§ 1151 was enacted. These requirements are reflected in the text of § 1151(b): The federal set-aside requirement ensures that the land in question is occupied by an “Indian community ”; the federal superintendence requirement guarantees that the Indian community is sufficiently “dependent” on the Federal Government that the Federal Government and the Indians involved, rather than the States, are to exercise primary jurisdiction over the land in question. B The Tribe’s ANCSA lands do not satisfy either of these requirements. After the enactment of ANCSA, the Tribe’s lands are neither “validly set apart for use of the Indians as such,” nor are they under the superintendence of the Federal Government. . . . . . . Whether the concept of the Indian country should be modified is a question entirely for Congress. The judgment of the Court of Appeals is reversed. [522 U.S. Reports (Preliminary Print), 523–27, 530–32, 534.] 236. American Indian and Alaska Native Education Executive Order 13096 August 6, 1998 This executive order issued by President Clinton was a strong policy statement about Indian education, which was produced in collaboration with Indian organizations. It set forth goals, established a Task Force to oversee the implementation of the order, provided for research, and issued directives for school pilot sites. But it was not legislation, and it provided no funds and no sanctions. It intended only to improve the internal management of executive departments dealing with education of Indians and Alaska Natives, but it was strongly supported by Indian tribes and Indian organizations. By the authority vested in me as President by the Constitution and the laws of the United States of America, in affirmation of the unique political and legal relationship of the Federal Government with tribal governments , and in recognition of the unique educational and culturally related academic needs of American Indian and Alaska Native students, it is hereby ordered as follows: Section 1. Goals. The Federal Government has a special, historic responsibility for the education of American Indian and Alaska Native students. Improving education achievement and academic progress for American Indian and Alaska Native students is vital to the national goal of preparing every student for responsible citizenship, continued learning, and productive employment. The Federal Government is committed to improving the academic performance and reducing the dropout rate of American Indian and Alaska Native students. To help fulfill this commitment in a manner consistent with tribal traditions and cultures, Federal agencies need to focus special attention on six goals: (1) improving reading and mathematics; (2) increasing high school completion and postsecondary attendance 366 rates; (3) reducing the influence of longstanding factors that impede educational performance , such as poverty and substance abuse; (4) creating strong, safe, and drug-free school environments; (5) improving science education; and (6) expanding the use of educational technology. Sec. 2. Strategy. In order to meet the six goals of this order, a comprehensive Federal response is needed to address the fragmentation of government services available to American Indian and Alaska Native students and the complexity of intergovernmental relationships affecting the education of those students. The purpose of the Federal activities described in this order is to develop a long-term, comprehensive Federal Indian education policy that will accomplish those goals. (a) Interagency Task Force. There is established an Interagency Task Force on American Indian and Alaska Native Education (Task Force) to oversee the planning and implementation of this order. The Task Force shall confer with the National Advisory Council on Indian Education (NACIE) in carrying out activities under this order. The Task Force shall consult with representatives...