Bureau of Indian Affairs

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Bureau of Indian Affairs
Seal of the United States Bureau of Indian Affairs.svg
Seal of the U.S. Bureau of Indian Affairs
Flag of the United States Bureau of Indian Affairs.svg
Flag of the U.S. Bureau of Indian Affairs
Agency overview
FormedMarch 11, 1824;194 years ago (1824-03-11)
Preceding agency
Jurisdiction Federal Government of the United States
Headquarters Main Interior Building
1849 C Street, NW Washington, D.C., U.S. 20240
Employees8,700 (FY08)
Agency executives
  • Tara Sweeney, Assistant Secretary-Indian Affairs
  • Darryl LaCounte, Acting Director, Bureau of Indian Affairs
  • Tony Dearman, Director, Bureau of Indian Education
Parent agency United States Department of the Interior
Website www.BIA.gov

The Bureau of Indian Affairs (BIA) is an agency of the federal government of the United States within the U.S. Department of the Interior. It is responsible for the administration and management of 55,700,000 acres (225,000 km2) of land held in trust by the United States for Native Americans in the United States, Native American Tribes and Alaska Natives.

Federal government of the United States national government of the United States

The Federal Government of the United States is the national government of the United States, a federal republic in North America, composed of 50 states, a federal district, five major self-governing territories, and several island possessions. The federal government is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the President, and the federal courts, respectively. The powers and duties of these branches are further defined by acts of congress, including the creation of executive departments and courts inferior to the Supreme Court.

Trust law three-party fiduciary relationship

A trust is a three-party fiduciary relationship in which the first party, the trustor or settlor, transfers ("settles") a property upon the second party for the benefit of the third party, the beneficiary.

Native Americans in the United States Indigenous peoples of the United States (except Hawaii)

Native Americans, also known as American Indians, Indigenous Americans and other terms, are the indigenous peoples of the United States, except Hawaii. There are over 500 federally recognized tribes within the US, about half of which are associated with Indian reservations. The term "American Indian" excludes Native Hawaiians and some Alaska Natives, while Native Americans are American Indians, plus Alaska Natives of all ethnicities. Native Hawaiians are not counted as Native Americans by the US Census, instead being included in the Census grouping of "Native Hawaiian and other Pacific Islander".

Contents

The BIA is one of two bureaus under the jurisdiction of the Assistant Secretary for Indian Affairs: the Bureau of Indian Affairs and the Bureau of Indian Education, which provides education services to approximately 48,000 Native Americans.

The Bureau of Indian Education (BIE), headquartered in the Main Interior Building in Washington, D.C., and formerly known as the Office of Indian Education Programs (OIEP), is a division of the U.S. Department of the Interior under the Assistant Secretary for Indian Affairs. It is responsible for the line direction and management of all BIE education functions, including the formation of policies and procedures, the supervision of all program activities, and the approval of the expenditure of funds appropriated for BIE education functions.

The BIA’s responsibilities originally included providing health care to American Indians and Alaska Natives. In 1954 that function was transferred to the Department of Health, Education, and Welfare (now known as the U.S. Department of Health and Human Services), and it is now known as the Indian Health Service.

Alaska Natives indigenous peoples of Alaska

Alaska Natives are indigenous peoples of Alaska, United States and include: Iñupiat, Yupik, Aleut, Eyak, Tlingit, Haida, Tsimshian, and a number of Northern Athabaskan cultures. They are often defined by their language groups. Many Alaska Natives are enrolled in federally recognized Alaska Native tribal entities, who in turn belong to 13 Alaska Native Regional Corporations, who administer land and financial claims.

Indian Health Service Branch of the United States Health Department regarding the health of Native Americans

The Indian Health Service (IHS) is an operating division (OPDIV) within the U.S. Department of Health and Human Services (HHS). IHS is responsible for providing direct medical and public health services to members of federally-recognized Native American Tribes and Alaska Native people. IHS is the principal federal health care provider and health advocate for Indian people, and its mission is to raise their health status to the highest possible level.

Organization

Located in Washington, D.C., the BIA is headed by a bureau director who reports to the Assistant Secretary for Indian Affairs. The current assistant secretary is Tara Sweeney.

Washington, D.C. Capital of the United States

Washington, D.C., formally the District of Columbia and commonly referred to as Washington or D.C., is the capital of the United States. Founded after the American Revolution as the seat of government of the newly independent country, Washington was named after George Washington, first President of the United States and Founding Father. As the seat of the United States federal government and several international organizations, Washington is an important world political capital. The city is also one of the most visited cities in the world, with more than 20 million tourists annually.

Tara Sweeney

Tara Sweeney is an American businessperson, Native Alaskan activist and political operative that since 2018 serves as Assistant Secretary for Indian Affairs, overseeing the Bureau of Indian Affairs and the Bureau of Indian Education at the United States Department of the Interior.

The BIA oversees 567 federally recognized tribes through 4 offices:

Indian Reservation Roads Program highway system in the United States

The Indian Reservation Roads Program (IRR) is part of the Bureau of Indian Affairs (BIA) and is meant to meet the transportation needs of American Indians in the United States, American Indian tribes, and Alaska Natives. These roads, also known as BIA Roads are given to tribes by providing funds for planning, designing, construction, and maintenance activities.

History

Ely S. Parker was the first Native American to be appointed as Commissioner of Indian affairs (1869-1871). Ely S. Parker.jpg
Ely S. Parker was the first Native American to be appointed as Commissioner of Indian affairs (1869–1871).
Cato Sells, Commissioner of Indian Affairs, 1913. Cato Sells, 1913.jpg
Cato Sells, Commissioner of Indian Affairs, 1913.

Early US agencies and legislation: Intercourse Acts

Agencies to relate to Native Americans had existed in the U.S. government since 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. [2]

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" [3] within the War Department, who was charged with maintaining the factory trading network of the fur trade. 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. 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.

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

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, with an emphasis on assimilation that prohibited them from using their indigenous languages, practices, and cultures. It emphasized being educated to European-American culture. [4]

20th century

1940 Indians at Work magazine, published by the Office of Indian Affairs, predecessor agency to the Bureau of Indian Affairs. Indians at work magazine july 1940 navajo lasso native americans cowboy.jpg
1940 Indians at Work magazine, published by the Office of Indian Affairs, predecessor agency to the Bureau of Indian Affairs.

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. [5] 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. [6]

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

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. [8] [9] [ citation needed ]

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. [11] 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 2013 the Bureau was greatly affected by sequestration funding cuts of $800 million, which particularly affected the already-underfunded Indian Health Service. [12] [13]

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, [14] [ dead link ] 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 union is represented by the Law Offices of Snider & Associates, LLC, [15] which concentrates in FLSA overtime class actions against the federal government and other large employers. 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. [16]

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 Native Americans 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. [17]

Commissioners and Assistant Secretaries

Commissioners and Assistant Secretaries of Indian Affairs include: [18]

Heads of the Bureau of Indian Affairs

Commissioners of Indian Affairs

Assistant Secretaries of the Interior for Indian Affairs

See also

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Indian reservation land managed by Native American tribes under the US Bureau of Indian Affairs

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<i>Cobell v. Salazar</i>

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United States Indian Police

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In the United States, an Indian tribe, Native American tribe, tribal nation or similar concept is any extant or historical clan, tribe, band, nation, or other group or community of Native Americans in the United States. Modern forms of these entities are often associated with land or territory of an Indian reservation. "Federally recognized Indian tribe" is a legal term of art in United States law with a specific meaning.

The Bureau of Indian Affairs building takeover refers to a protest by Native Americans at the Department of Interior headquarters in the national capital of Washington, DC from November 3 to November 9, 1972. On November 3, a group of around 500 American Indians with the American Indian Movement (AIM) took over the Interior building in Washington, D.C.. It was the culmination of their cross-country journey in the Trail of Broken Treaties, intended to bring attention to American Indian issues such as living standards and treaty rights. The march had brought to Washington the largest gathering ever of Native Americans and supporters hoping to speak to government officials about their concerns and to gain change to help their peoples.

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Native American self-determination refers to the social movements, legislation, and beliefs by which the Native American tribes in the United States exercise self-governance and decision making on issues that affect their own people.

Indian Self-Determination and Education Assistance Act of 1975

The Indian Self-Determination and Education Assistance Act of 1975 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.

Delaware Tribe of Indians

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Bureau of Indian Affairs Police

The Bureau of Indian Affairs Police, usually known as the BIA Police, is the law enforcement arm of the United States Bureau of Indian Affairs which polices Indian tribes and reservations that do not have their own police force, and oversees other tribal police organizations. BIA Police services are provided through the Office of Justice Services Division of Law Enforcement.

Executive Order 13175, "Consultation and Coordination with Indian Tribal Governments," was issued by U.S. President Bill Clinton on November 6, 2000. This executive order required federal departments and agencies to consult with Indian tribal governments when considering policies that would impact tribal communities. Executive Order 13175 reiterated the federal government's previously acknowledged commitment to tribal self-government and limited autonomy.

References

  1. "Who We Are", BIA
  2. Henson, C.L. "From War to Self-Determination: a history of the Bureau of Indian Affairs". American Resources on the Net. Retrieved May 6, 2016.
  3. Waldman, Carl; Braun, Molly (2009). Atlas of the North American Indian. p. 236. ISBN   978-0-8160-6858-6. in 1806, an Office of Indian Trade was created within the War Department
  4. Dennis Banks, "Ojibwa Warrior," 2004: 29–28
  5. 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
  6. The COINTELPRO PAPERS – Chapter 7: COINTELPRO – AIM Archived July 23, 2008, at the Wayback Machine
  7. Paul Smith and Robert Warrior, Like a Hurricane: The Indian Movement from Alcatraz to Wounded Knee, New York: The New Press, 1996.
  8. "Stop bandwidth theft!". Maquah.net. Retrieved 2012-06-08.
  9. "Stop bandwidth theft!". Maquah.net. Retrieved 2012-06-08.
  10. "American Indian Rights Activist Vernon Bellecourt", Washington Post, 14 October 2007
  11. Ward Churchill, Jim Vander Wall, Agents of Repression: The FBI's Secret Wars Against the Black Panther Party and the American Indian Movement, South End Press, 2002.
  12. Gale Courey Toensing (March 27, 2013). "Sequestration Grounds Assistant Secretary for Indian Affairs". Indian Country Today. Retrieved March 28, 2013.
  13. Editorial Board (March 20, 2013). "The Sequester Hits the Reservation" (Editorial). The New York Times. Retrieved March 28, 2013.
  14. "FEDERATION OF INDIAN SERVICE EMPLOYEES - AFT - AFL/CIO, Local 4524 - Home". Ief.aft.org. Retrieved 2012-06-08.
  15. "Overtime Lawyer Website". Overtime.com. Archived from the original on 2012-01-11. Retrieved 2012-06-08.
  16. “Cobell vs. Salazar Lawsuit”. doi.gov/tribes/special-trustee.cfm. Office of Special Trustee, n.d. Web. April 24, 2011
  17. author (2011-05-25). "From War to Self-Determination: the Bureau of Indian Affairs". Americansc.org.uk. Retrieved 2012-06-08.
  18. "U.S. government departments and offices, etc". Rulers.org. Retrieved 2012-06-08.
  19. Secretary, Office of the. "Martin Confirms Terry Virden As BIA Deputy Commissioner". www.doi.gov.
  20. "Anderson Names Brian Pogue as New BIA Director". www.doi.gov.
  21. "Assistant Secretary Announces W. Patrick Ragsdale". www.doi.gov.
  22. "News report" (PDF). www.cherokeeobserver.org. April 2008.
  23. "News release" (PDF). www.bia.gov.[ permanent dead link ]
  24. "Interior Picks Two for Key BIA, BIE Leadership Jobs - Indian Country Media Network". indiancountrymedianetwork.com.
  25. "Secretary Zinke Names Bryan Rice Director of Bureau of Indian Affairs". www.doi.gov.
  26. "John O. Crow Named Acting Commissioner of Indian Affairs and Member of Advisory Board on Indian Affairs" (PDF). Bureau of Indian Affairs. February 10, 1961. Retrieved 2015-07-30.
  27. "Nash Nominated as Commissioner of Indian Affairs; Crow Appointed Deputy Commissioner" (PDF). Bureau of Indian Affairs. August 1, 1961. Retrieved 2015-07-30.
  28. "News release" (PDF). www.indianaffairs.gov.[ permanent dead link ]
  29. "Archived copy". Archived from the original on 2017-05-13. Retrieved 2017-05-11.CS1 maint: Archived copy as title (link)
  30. "Kiowa citizen John Tahsuda set to join Bureau of Indian Affairs leadership team".

Sources

Primary sources