Bureau of Indian Affairs explained

Agency Name:Bureau of Indian Affairs
Seal:Seal of the United States Bureau of Indian Affairs.svg
Preceding1:Office of Indian Affairs, United States Department of War
Jurisdiction:Federal Government of the United States
Headquarters:Main Interior Building
1849 C Street, NW Washington, DC 20240
Employees:4,569 (FY2020)
Budget:$2.159 billion (FY2021)[1]
Chief1 Name:Bryan Newland
Chief1 Position:Assistant Secretary for Indian Affairs
Chief2 Name:Darryl LaCounte
Chief2 Position:Director, Bureau of Indian Affairs
Chief3 Name:Tony Dearman
Chief3 Position:Director, Bureau of Indian Education
Chief4 Name:Jerry Gidner
Chief4 Position:Director, Bureau of Trust Funds Administration
Parent Agency:United States Department of the Interior
Child2 Agency:Bureau of Trust Funds Administration, Bureau of Indian Education

The Bureau of Indian Affairs (BIA), also known as Indian Affairs (IA),[2] is a United States federal agency within the Department of the Interior. It is responsible for implementing federal laws and policies related to Native Americans and Alaska Natives, and administering and managing over 55700000acres of reservations held in trust by the U.S. federal government for indigenous tribes. It renders services to roughly 2 million indigenous Americans across 574 federally recognized tribes.[2] [3] The BIA is governed by a director and overseen by the Assistant Secretary for Indian Affairs, who answers to the Secretary of the Interior.

The BIA works with tribal governments to help administer law enforcement and justice; promote development in agriculture, infrastructure, and the economy; enhance tribal governance; manage natural resources; and generally advance the quality of life in tribal communities.[4] Educational services are provided by Bureau of Indian Education—the only other agency under the Assistant Secretary for Indian affairs—while health care is the responsibility of the U.S. Department of Health and Human Services through its Indian Health Service.[5] [6]

The BIA is one of the oldest federal agencies in the U.S., with roots tracing back to the Committee on Indian Affairs established by Congress in 1775.[4] [7] First headed by Benjamin Franklin, the committee oversaw trade and treaty relations with various indigenous peoples, until the establishment of the Bureau of Indian Affairs by Secretary of War John C. Calhoun in 1824. The BIA gained statutory authority in 1832, and in 1849 was transferred to the newly created Department of the Interior. Until the formal adoption of its current name in 1947, the BIA was variably known as the Indian office, the Indian bureau, the Indian department, and the Indian Service.[4]

The BIA's mission and mandate historically reflected the U.S. government's prevailing policy of forced assimilation of native peoples and the annexation of their land; beginning with the Indian Self-Determination and Education Assistance Act of 1975, the BIA has increasingly emphasized tribal self-determination and peer-to-peer relationships between tribal governments and federal government.[4]

Between 1824 and 1977, the BIA was led by a total of 42 commissioners, of whom six were of indigenous descent. Since the creation of the position of Assistant Secretary for Indian Affairs in 1977, all thirteen occupants up to the present day have been Indigenous, including Bay Mills Indian Community's Bryan Newland, appointed and confirmed to the position in 2021.[4] the majority of BIA employees are American Indian or Alaska Native, the most at any time in the agency's history.[4]

Organization

Headquartered in the Main Interior Building in Washington, D.C.,[8] the BIA is headed by a bureau director who reports to the assistant secretary for Indian affairs. The current assistant secretary is Bryan Newland.

The BIA oversees 574 federally recognized tribes through four offices:

History

Early US agencies and legislation: Intercourse Acts

See main article: Nonintercourse Act. Agencies related to Native Americans originated in 1775, when the Second Continental Congress created a trio of Indian-related agencies. Benjamin Franklin and Patrick Henry were appointed among the early commissioners to negotiate treaties with Native Americans to obtain their neutrality during the American Revolutionary War.[11]

Office of Indian Trade (1806–1822)

In 1789, the U.S. Congress placed Native American relations within the newly formed War Department. By 1806 the Congress had created a Superintendent of Indian Trade, or "Office of Indian Trade"[12] within the War Department, who was charged with maintaining the United States Government Fur Trade Factory System. The post was held by Thomas L. McKenney from 1816 until the abolition of the factory system in 1822.

The government licensed traders to have some control in Indian territories and gain a share of the lucrative trade.

Bureau of Indian Affairs (1824–present)

The abolition of the factory system left a vacuum within the U.S. government regarding Native American relations. The Bureau of Indian Affairs was formed on March 11, 1824, by Secretary of War John C. Calhoun, who created the agency as a division within his department, without authorization from the United States Congress.[13] He appointed McKenney as the first head of the office, which went by several names. McKenney preferred to call it the "Indian Office", whereas the current name was preferred by Calhoun.

The Removal Era (1830–1850)

The BIA's goal to protect domestic and dependent nations, was reaffirmed by the 1831 court case Cherokee Nation v. Georgia. The Supreme Court originally refused to hear the case, because the Cherokee nation was not an independent state and could not litigate in the federal court.[14] It was not until the court case Worcester v. Georgia, when Chief Justice John Marshall allowed Native American tribes to be recognized as "domestic dependent nations." These court cases set precedent for future treaties, as more Native tribes were recognized as domestic and dependent nations.[15]

This period was encompassed by westward expansion and the removal of Native Nations. In 1833 Georgians fought for the removal of the Cherokee Nation from the state of Georgia. Despite the rulings of Worcester v. Georgia, President Jackson and John C. Calhoun created a plan for removal. The removal of the Cherokee Nation occurred in 1838 and was accompanied by the Treaty of 1846. When reparations from the treaty were unfulfilled, the Senate Committee on the Indian Affairs made the final settlement in 1850. This settlement, "supported the position of the Cherokee that the cost of maintaining the tribesman during their removal and the years upkeep after their arrival West should be paid by the federal government, and the expense of the removal agents should be paid as well."

In 1832 Congress established the position of Commissioner of Indian Affairs. In 1849 Indian Affairs was transferred to the newly established U.S. Department of the Interior. In 1869, Ely Samuel Parker was the first Native American to be appointed as commissioner of Indian affairs.

Assimilation (1890–1930)

See main article: American Indian boarding schools.

One of the most controversial policies of the Bureau of Indian Affairs was the late 19th to early 20th century decision to educate native children in separate boarding schools, such as the Carlisle Indian Industrial School. The goal was to train students in the proper behavior according to prevailing standards of "civilization." That way they could assimilate into American society and not be permanently trapped in reservations. The boarding schools prohibited students from using their indigenous languages, practices, and cultures.[16]

Another force for assimilation and Euro-American control was the Bureau of Indian Affairs tribal police force. This was designed by its agents to decrease the power of American Indian leaders.[17]

Reform and reorganization (mid to late 20th century)

The bureau was renamed from Office of Indian Affairs to Bureau of Indian Affairs in 1947.

With the rise of American Indian activism in the 1960s and 1970s and increasing demands for enforcement of treaty rights and sovereignty, the 1970s were a particularly turbulent period of BIA history.[18] The rise of activist groups such as the American Indian Movement (AIM) worried the U.S. government; the FBI responded both overtly and covertly (by creating COINTELPRO and other programs) to suppress possible uprisings among native peoples.[19]

As a branch of the U.S. government with personnel on Indian reservations, BIA police were involved in political actions such as:

The occupation of BIA headquarters in Washington, D.C., in 1972

On November 3, 1972, a group of around 500 American Indians with the AIM took over the BIA building, the culmination of their Trail of Broken Treaties walk. They intended to bring attention to American Indian issues, including their demands for renewed negotiation of treaties, enforcement of treaty rights and improvement in living standards. They occupied the Department of Interior headquarters from November 3 to 9, 1972.[20]

Feeling the government was ignoring them, the protesters vandalized the building. After a week, the protesters left, having caused $700,000 in damages. Many records were lost, destroyed or stolen, including irreplaceable treaties, deeds, and water rights records, which some Indian officials said could set the tribes back 50 to 100 years.[21] [22]

The BIA was implicated in supporting controversial tribal presidents, notably Dick Wilson, who was charged with being authoritarian; using tribal funds for a private paramilitary force, the Guardians of the Oglala Nation (or "GOON squad"), which he employed against opponents; intimidation of voters in the 1974 election; misappropriation of funds, and other misdeeds.[24] Many native peoples continue to oppose policies of the BIA. In particular, problems in enforcing treaties, handling records and trust land incomes were disputed.

21st century

In 2002 Congress worked with the Bureau to prepare bill S.1392, which established procedures for tribal recognition. A separate bill S. 1393 ensured full and fair participation in decision-making processes at the Bureau via grants. Both bills addressed what services, limitations, obligations, and responsibilities a federally recognized tribe possessed. The bills excluded any splinter groups, political factions, and any groups formed after December 31, 2002.[25]

In 2013 the Bureau was greatly affected by sequestration funding cuts of $800 million, which particularly affected the already-underfunded Indian Health Service.[26] [27]

Legal issues

Employee overtime

The Bureau of Indian Affairs has been sued four times in class action overtime lawsuits brought by the Federation of Indian Service Employees,[28] a union which represents the federal civilian employees of the Bureau of Indian Affairs, the Bureau of Indian Education, the assistant secretary of Indian affairs and the Office of the Special Trustee for Indian Affairs. The grievances allege widespread violations of the Fair Labor Standards Act and claim tens of millions of dollars in damages.

Trust assets

Cobell vs. Salazar, a major class action case related to trust lands, was settled in December 2009. The suit was filed against the U.S. Department of Interior, of which the BIA is a part. A major responsibility has been the management of the Indian trust accounts. This was a class-action lawsuit regarding the federal government's management and accounting of more than 300,000 individual American Indian and Alaska Native trust accounts. A settlement fund totaling $3.4 billion is to be distributed to class members. This is to compensate for claims that prior U.S. officials had mismanaged the administration of Indian trust assets. In addition, the settlement establishes a $2 billion fund enabling federally recognized tribes to voluntarily buy back and consolidate fractionated land interests.[29]

Mission

The bureau is currently trying to evolve from a supervisory to an advisory role. However, this has been a difficult task as the BIA is known by many Indians as playing a police role in which the U.S. government historically dictated to tribes and their members what they could and could not do in accordance with treaties signed by both.[30]

Commissioners and assistant secretaries

Commissioners and assistant secretaries of Indian Affairs include:[31]

Heads of the Bureau of Indian Affairs

Commissioners of Indian Affairs

Assistant Secretaries of the Interior for Indian Affairs

Assistant to the Secretary for Indian Affairs

See also

Further reading

Primary sources

External links

Notes and References

  1. Tana Fitzpatrick . February 4, 2021 . The Bureau of Indian Affairs: FY2021 Appropriations . . 1 . July 19, 2021.
  2. Web site: About Us Indian Affairs. 2020-12-12. bia.gov.
  3. "Federal Register, Volume 83, Number 141 dated July 23, 2018" (PDF). Library of Congress. RetrievedOctober 5, 2018.
  4. Web site: Bureau of Indian Affairs (BIA) Indian Affairs. 2020-12-12. bia.gov.
  5. Web site: Education Indian Affairs. 2020-12-04. bia.gov.
  6. Web site: Indian Health Service Indian Health Service (IHS). 2020-12-04. Indian Health Service. en.
  7. Article I, Section 8, U.S. Constitution.
  8. Web site: Home. Bureau of Indian Affairs. 2022-06-23. 1849 C Street NW Washington, DC 20240. – Identified as the Main Interior Building here: "The meeting will be held at 1849 C Street, NW, Main Interior Building,[...]"
  9. News: Hegyi . Nate . 2022-12-23 . Congress tasks a federal watchdog to examine Indian Affairs' troubled tribal jails . en . NPR News . 2022-12-24.
  10. http://www.bia.gov/WhoWeAre/BIA/OJS/index.htm "Who We Are"
  11. Web site: Henson. C.L.. From War to Self-Determination: a history of the Bureau of Indian Affairs . American Resources on the Net . May 6, 2016.
  12. Book: Atlas of the North American Indian. registration. 978-0-8160-6858-6. 236. in 1806, an Office of Indian Trade was created within the War Department. Infobase Publishing. Waldman. Carl. Braun. Molly. 2009.
  13. Book: Jackson, Curtis. A History of the Bureau of Indian affairs and Its Activities Among Indians. R & E Research. 1997. San Francisco, California. 43.
  14. Book: Harmon, George Dewey. Sixty Years of Indian Affairs. The University of North Carolina Press. 1941. New York. 174–196.
  15. Book: Jackson, Curtis. A History of The Bureau of Indian Affairs And Its Activities Among Indians. R & E Research Associates. 1977. San Francisco, California. 59.
  16. David Wallace Adams, Education for Extinction: American Indians and the Boarding School Experience, 1875–1928 (1995) pp 12-16; see online evaluation of the book.
  17. Book: Lyden, Fremont. Native Americans and Public Policy. University of Pittsburgh Press. 1992. Pittsburgh. 23–41.
  18. Philip Worchel, Philip G. Hester and Philip S. Kopala, "Collective Protest and Legitimacy of Authority: Theory and Research," The Journal of Conflict Resolution, 18 (1) 1974): 37–54
  19. http://ishgooda.org/peltier/copap7b.htm The COINTELPRO PAPERS – Chapter 7: COINTELPRO – AIM
  20. Paul Smith and Robert Warrior, Like a Hurricane: The Indian Movement from Alcatraz to Wounded Knee, New York: The New Press, 1996.
  21. Web site: Stop bandwidth theft! . Maquah.net . June 8, 2012 . June 14, 2011 . https://web.archive.org/web/20110614074814/http://www.maquah.net/Historical/1972/images/72-11-1_justice_charge_indians.jpg . dead .
  22. Web site: Stop bandwidth theft! . Maquah.net . June 8, 2012 . June 14, 2011 . https://web.archive.org/web/20110614072724/http://www.maquah.net/Historical/1972/images/72-11-10_amnesty_denied.jpg . dead .
  23. https://www.washingtonpost.com/wp-dyn/content/article/2007/10/14/AR2007101401330.html "American Indian Rights Activist Vernon Bellecourt"
  24. John Sanchez, et al. "Rhetorical Exclusion: The Government's Case Against American Indian Activists, AIM, and Leonard Peltier." American Indian Culture and Research Journal, 23(2) (1999): 31+.
  25. Book: Congress, United States. Tribal Recognition : Hearing before the Committee on Indian Affairs, United States Senate, One Hundred Seventh Congress, Second Session, on S. 1392, to Establish Procedures for the Bureau of Indian Affairs of the Department of the Interior with Respect to Tribal Recognition and S. 1393, to Provide Grants to Ensure Full and Fair Participation in Certain Decision making Processes at the Bureau of Indian Affairs. Washington D.C. United States Government Printing Office. 2003. Washington D.C.. 1–3.
  26. News: Sequestration Grounds Assistant Secretary for Indian Affairs. March 28, 2013. Indian Country Today. March 27, 2013. Gale Courey Toensing. April 20, 2013. https://web.archive.org/web/20130420152615/http://indiancountrytodaymedianetwork.com/2013/03/27/sequestration-grounds-assistant-secretary-indian-affairs-148392. dead.
  27. News: The Sequester Hits the Reservation. March 28, 2013. The New York Times. March 20, 2013. Editorial Board. Editorial.
  28. Web site: FEDERATION OF INDIAN SERVICE EMPLOYEES - AFT - AFL/CIO, Local 4524 - Home . Ief.aft.org . June 8, 2012 . https://web.archive.org/web/20090819065150/http://ief.aft.org/ . August 19, 2009 . dead .
  29. "Cobell vs. Salazar Lawsuit". doi.gov/tribes/special-trustee.cfm. Office of Special Trustee, n.d. Web. April 24, 2011
  30. Web site: From War to Self-Determination: the Bureau of Indian Affairs . Americansc.org.uk . May 25, 2011 . June 8, 2012.
  31. Web site: U.S. government departments and offices, etc . Rulers.org . June 8, 2012.
  32. Web site: Martin Confirms Terry Virden As BIA Deputy Commissioner. Office of the. Secretary. doi.gov.
  33. Web site: Anderson Names Brian Pogue as New BIA Director. doi.gov.
  34. Web site: Assistant Secretary Announces W. Patrick Ragsdale. doi.gov.
  35. Web site: News report . April 2008 . cherokeeobserver.org .
  36. Web site: News release . bia.gov .
  37. Web site: Interior Picks Two for Key BIA, BIE Leadership Jobs – Indian Country Media Network. indiancountrymedianetwork.com.
  38. Web site: Secretary Zinke Names Bryan Rice Director of Bureau of Indian Affairs. doi.gov. October 16, 2017.
  39. Web site: Director of Bureau of Indian Affairs Darryl LaCounte Indian Affairs . bia.gov . 30 June 2021.
  40. Web site: Bureau of Indian Affairs. John O. Crow Named Acting Commissioner of Indian Affairs and Member of Advisory Board on Indian Affairs. February 10, 1961. July 30, 2015. https://web.archive.org/web/20140610045039/http://www.bia.gov/cs/groups/public/documents/text/idc016814.pdf. June 10, 2014. dead.
  41. Web site: Bureau of Indian Affairs. Nash Nominated as Commissioner of Indian Affairs; Crow Appointed Deputy Commissioner. August 1, 1961. July 30, 2015. https://web.archive.org/web/20160304002511/http://www.bia.gov/cs/groups/public/documents/text/idc016870.pdf. March 4, 2016. dead.
  42. Web site: News release . https://wayback.archive-it.org/all/20180202083818/https://www.indianaffairs.gov/sites/bia.gov/files/assets/public/press_release/pdf/idc1-032765.pdf . dead . February 2, 2018 . indianaffairs.gov . May 1, 2018 .
  43. Web site: Archived copy . May 11, 2017 . https://web.archive.org/web/20170513091708/https://indianaffairs.gov/WhoWeAre/Leadership/index.htm . May 13, 2017 . dead .
  44. Web site: Kiowa citizen John Tahsuda set to join Bureau of Indian Affairs leadership team.
  45. Web site: Principal Deputy Assistant Secretary - Indian Affairs Bryan Newland Indian Affairs . bia.gov . 30 June 2021.
  46. DeJong, David H. "Marvin L. Franklin: Assistant to the Secretary for Indian Affairs (February 7, 1973–December 4, 1973)." In Paternalism to Partnership: The Administration of Indian Affairs, 1786–2021, 335–38. University of Nebraska Press, 2021. . jstor.org. j.ctv2cw0sp9.54 .