and arts study; No. 2, a center for Native American scholars; No. 3, a center for cultural exchange; and, No. 4, a museum of Indian arts.

The bill devotes a great deal of attention to the governing board, functions, and constituency of the institute and its various centers. The legislation devotes less attention to the task which the institute and its centers are designed to fulfill.

These hearings are intended to clarify and expand upon those functions. However, it should be noted that many of the specific areas of study to be established by the institute will evolve as a result of the interaction of the board members with their particular constituencies as well as with each other.

It is not the intention of this bill, nor is it the goal of the committee, to politicize, co-opt, or control the great Indian artistic and cultural heritage of this country. We hope that S. 2166 will provide a mechanism whereby Indian art and culture can be enhanced and preserved for the benefit of all people.

The committee hopes that this hearing will establish a record which will help us in presenting to the Senate a bill which reflects the interests of those most concerned with the issues surrounding the development of Indian art and culture of the Indian people.

Our first witness today is Congressman Barber Conable who has introduced a companion measure, H.R. 6266, in the House of Representatives. Without objection, S. 2166 and its companion bill H.R. 6266 will be included in the record at this point.

[The bills follow. Testimony begins on p. 23.]

To promote the development of Native American culture and art.

II

IN THE SENATE OF THE UNITED STATES

DECEMBER 20 (legislative day, DECEMBER 15), 1979

Mr. MELCHER (for himself, Mr. BURDICK, Mr. HATFIELD, and Mr. INOUYE) introduced the following bill; which was read twice and referred jointly, by unanimous consent, to the Select Committee on Indian Affairs and the Committee on Governmental Affairs with instructions, that when ordered reported by one committee the other has 45 days in which to report

1

A BILL

To promote the development of Native American culture and

art.

Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Native American Culture 4 and Art Development Act".

5 SEC. 2. The Congress finds and declares that (1) Ameri6 can Indian art and culture has contributed greatly to the ar7 tistic and cultural richness of the Nation; (2) American Indian 8 art and culture occupies a unique position in American histo

2

1 ry as being our only genuinely native art form and cultural 2 heritage; (3) the enhancement and preservation of this Na3 tion's native art and culture has a fundamental influence on 4 the American people; (4) although the encouragement and 5 support of Indian arts and crafts are primarily a matter for 6 private, local, and Indian initiative, it is also an appropriate 7 matter of concern to the Federal Government; (5) it is appro8 priate and necessary for the Federal Government to support 9 research and scholarship in Indian art and culture and to 10 complement programs for the advancement of Indian art and 11 culture by tribal, private, and public agencies and organiza12 tions; (6) current Federal initiatives in the area of Indian art 13 and culture are fragmented and inadequate; and (7) in order 14 to centralize the Federal Government's effort to preserve, 15 support, revitalize, and disseminate Indian art and culture, it 16 is desirable to establish a national Institute of Native Ameri

17 can Culture and Arts Development.

SEC. 3. As used in this Act, the term

(1) "Indian art and culture" includes, but is not limited to, the traditional expression of Native American language, history, customs, belief, music, architec

ture, drama, dance, rituals, and crafts;

(2) "Institute" means the Institute of Native American Culture and Arts Development established by this Act;

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(3) "Indian" or "Native American" means any person who is a member of an Indian tribe or a de

scendant of an aboriginal inhabitant of the United States;

(4) "Indian tribe" means any tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village pursuant to the Alaska Native Claims Settlement Act, which is recog

nized as eligible for special programs and services pro

vided by the United States to Indians because of their status as Indians.

12 SEC. 4. (a) There is established the Institute of Native 13 American Culture and Arts Development, which shall be 14 under the direction and control of a Board of Trustees (here15 inafter referred to in this Act as the "Board") established in 16 accordance with subsection (b) of this section.

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(b) The Board shall be composed of nineteen members 18 as follows:

(1) twelve members appointed by the President of the United States from among individuals from private

life who are widely recognized in the field of Indian art

and culture (and a majority of whom shall be Native Americans);

(2) Secretary of the Interior (or his designee);

(3) Secretary of Education (or his designee);

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(4) Secretary of the Smithsonian Institution (or

his designee);

(5) Chairman, National Endowment of the Arts

(or his designee);

(6) Chairman, National Endowment of the Hu

manities (or his designee);

(7) Librarian of Congress (or his designee); and

(8) President of the Institute (or his designee).

9 (c) In making appointments pursuant to clause (1) of 10 subsection (b) of this section, the President of the United 11 States shall give due consideration to the appointment of in12 dividuals who will provide an appropriate regional and tribal 13 representation on the Board.

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(d) The term of office of each trustee appointed pursuant 15 to clause (1) of subsection (b) of this section shall be six 16 years, except that of such trustees first appointed, four shall 17 serve for a term of two years, four for a term of four years, 18 and four for a term of six years, as designated by the Presi19 dent as of the time of appointment. Any trustee appointed to 20 fill a vacancy occurring prior to the expiration of the term to 21 which his predecessor was appointed shall be appointed for 22 the remainder of the term. No trustee appointed pursuant to 23 clause (1) of subsection (b) of this section shall be eligible to 24 serve in excess of two consecutive terms, but may continue 25 to serve until his successor is appointed.