Bureau of Indian Affairs

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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 55,700,000 acres (225,000 km2) 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.

FormedMarch 11, 1824; 202 years ago (1824-03-11)
Preceding agency
HeadquartersMain Interior Building
1849 C Street, NW Washington, DC 20240
Quick facts Agency overview, Formed ...
Bureau of Indian Affairs
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Agency overview
FormedMarch 11, 1824; 202 years ago (1824-03-11)
Preceding agency
JurisdictionFederal Government of the United States
HeadquartersMain Interior Building
1849 C Street, NW Washington, DC 20240
Employees4,569 (FY2020)
Annual budget$2.159 billion (FY2021)[1]
Agency executives
  • William Kirkland III, Assistant Secretary for Indian Affairs
  • Janel Broderick, Deputy Assistant Secretary for Indian Affairs
Parent agencyUnited States Department of the Interior
Child agencies
  • Bureau of Trust Funds Administration, Bureau of Indian Education
Websitebia.gov
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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] As of 2020, the majority of BIA employees are American Indian or Alaska Native, the most at any time in the agency's history.[4]

Organization

Main Interior Building, the department headquarters

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, exercising the delegated authority of the Assistant Secretary Indian Affairs is Scott Davis.

The BIA oversees 574 federally recognized tribes through four offices:

  • Office of Indian Services: operates the BIA's general assistance, disaster relief, Indian child welfare, tribal government, Indian self-determination, and Indian Reservation Roads Program.
  • Office of Justice Services (OJS): directly operates or funds law enforcement, tribal courts, and detention facilities on federal Indian lands.[9] OJS funded 208 law enforcement agencies, consisting of 43 BIA-operated police agencies, and 165 tribally operated agencies under contract, or compact with the OJS. The office has seven areas of activity: Criminal Investigations and Police Services, Detention/Corrections, Inspection/Internal Affairs, Tribal Law Enforcement and Special Initiatives, the Indian Police Academy, Tribal Justice Support, and Program Management. The OJS also provides oversight and technical assistance to tribal law enforcement programs when and where requested. It operates four divisions: Corrections, Drug Enforcement, the Indian Police Academy, and Law Enforcement.[10]
  • Office of Trust Services: works with tribes and individual American Indians and Alaska Natives in the management of their trust lands, assets, and resources.
  • The Office of Field Operations: oversees 12 regional offices; Alaska, Great Plains, Northwest, Southern Plains, Eastern, Navajo, Pacific, Southwest, Eastern Oklahoma, Midwest, Rocky Mountain, and Western; and 83 agencies, which carry out the mission of the bureau at the tribal level.

History

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

Early US agencies and legislation: Intercourse Acts

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 bureau was initially organized by region, with commissions for Superintendents of Indian Affairs granted to prominent citizens in each region of the southern, midwestern and western United States. These superindenents were authorized to negotiate with tribes and oversaw Indian agents in their assigned region.[14][15] The bureau was eventually reorganized in 1878, with superintendencies removed. These were eventually replaced with regional offices, which continue today.

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.[16] 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.[17]

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."[16]

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)

One of the most controversial policies of the Bureau of Indian Affairs was the late 19th to early 20th century decision to Americanize native children via education in boarding schools, such as the Carlisle Indian Industrial School. These boarding schools separated students from their family and local cultures, training students to behave in accordance with the prevailing standard of "civilization": Anglo-American cultural practices. The goal was to enable native children to more easily leave their reservations via cultural assimilation into American society (at the time natives were viewed as trapped on their reservations). The boarding schools prohibited students from using their indigenous languages, practices, and cultures.[18]

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.[19]

Reform and reorganization (mid to late 20th century)

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.

In 1965 the headquarters of the Bureau of Indian Affairs was moved from the Interior Department's main building at 18th St. NW. and C St. NW., Washington, D.C., to a separate building a few blocks away at 1951 Constitution Avenue NW., Washington, D.C.[20]

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.[21] 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.[22]

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.[23]

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.[24][25][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.[27] 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.[28]

In 2013 the bureau was greatly affected by sequestration funding cuts of $800 million, which particularly affected the already-underfunded Indian Health Service.[29][30]

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,[31] 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.[32]

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.[33]

Commissioners and assistant secretaries

Commissioners and assistant secretaries of Indian affairs include:[34]

Superintendents of Indian trade

From 1806 until 1822, relations with the North American tribes were regulated by the Office of Indian Trade within the Treasury Department. Three men were appointed during this time period as superintendents to negotiate treaties with and regulate trade with the native Americans.

More information Image, Superintendent ...
No. Image Superintendent Term started Term ended Refs.
1 John Shee July 8, 1806 October 3, 1807 [35]
2 John Mason October 4, 1807 April 1, 1816 [36]
3 Thomas L. McKenney April 12, 1816 May 6, 1822 [37]
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Superintendent of Indian Affairs

On the same day Congress abolished the trading houses in May 1822, Congress authorized a new position of superintendent of Indian affairs, with President James Monroe nominating, and the Senate confirming, William Clark as superintendent of Indian affairs. In 1824, the office was reorganized and William Clark's position became subservient to the new chief clerk of the Indian Office.[38]

More information Image, Superintendent ...
No. Image Superintendent Term started Term ended Notes
1 William Clark May 28, 1822 March 11, 1824 [38]
March 12, 1824 September 1, 1838 position became subservient to the chief clerk[38]
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Chief clerks of the Indian Office

The following three persons had served as chief clerk of the Indian Office within the War Department from 1824 until the office was transferred to the Interior Department in 1832:[39]

More information Image, Chief Clerk ...
No. Image Chief Clerk Term started Term ended Refs.
1 Thomas L. McKenney March 12, 1824 August 16, 1830 [37]
2 Samuel S. Hamilton September 30, 1830 August 31, 1831 [40]
3 Elbert Herring August 12, 1831 July 9, 1832 [41]
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Commissioners of Indian affairs

The following persons have led the Bureau of Indian Affairs as Commissioner from 1832 until 1981:[42][43][39]

More information Image, Commissioner ...
No. Image Commissioner Term started Term ended Refs.
1 Elbert Herring July 10, 1832 July 2, 1836 [41]
2 Carey A. Harris July 4, 1836 October 19, 1838 [44]
3 Thomas Hartley Crawford October 22, 1838 October 29, 1845 [45]
4 William Medill October 28, 1845 June 30, 1849 [46]
5 Orlando Brown June 30, 1849 July 1, 1850 [47]
6 Luke Lea July 1, 1850 March 24, 1853 [48]
7 George Washington Manypenny March 31, 1853 March 30, 1857 [49]
8 James W. Denver April 17, 1857 December 2, 1857 [50]
9 Charles E. Mix June 14, 1858 November 8, 1858 [51]
10 James W. Denver November 8, 1858 March 31, 1859 [50]
11 Alfred B. Greenwood May 4, 1859 April 13, 1861 [52]
12 William P. Dole March 12, 1861 July 11, 1865 [53]
13 Dennis N. Cooley July 9, 1865 November 1, 1866 [54]
14 Lewis V. Bogy November 1, 1866 March 29, 1867 [55]
15 Nathaniel Green Taylor March 29, 1867 April 25, 1869 [56]
16 Ely S. Parker[a] April 26, 1869 July 24, 1871 [57]
Acting Henry R. Clum July 24, 1871 November 20, 1871 [34]
17 Francis A. Walker November 27, 1871 January 1, 1873 [58]
18 Edward Parmelee Smith March 17, 1873 December 11, 1875 [59]
19 John Q. Smith December 11, 1875 September 27, 1877 [60]
20 Ezra A. Hayt September 20, 1877 January 29, 1880 [61]
21 Rowland E. Trowbridge March 15, 1880 March 19, 1881 [62]
Acting Henry R. Clum March 19, 1881 April 14, 1881 [34]
22 Hiram Price May 6, 1881 March 26, 1885 [63]
23 John DeWitt Clinton Atkins March 21, 1885 June 14, 1888 [64]
24 John H. Oberly October 10, 1888 June 30, 1889 [65]
25 Thomas Jefferson Morgan July 1, 1889 March 3, 1893 [66]
26 Daniel M. Browning April 13, 1893 May 3, 1897 [67]
27 William Arthur Jones May 3, 1897 January 1, 1905 [68]
28 Francis E. Leupp January 1, 1905 June 18, 1909 [69]
29 Robert G. Valentine June 29, 1909 September 10, 1912 [70]
Acting Frederick H. Abbott September 10, 1912 June 4, 1913 [34]
30 Cato Sells June 2, 1913 March 29, 1921 [71]
31 Charles H. Burke May 7, 1921 June 30, 1929 [72]
32 Charles J. Rhoads April 18, 1929 April 20, 1933 [73]
33 John Collier April 21, 1933 January 22, 1945 [74]
34 William A. Brophy March 6, 1945 June 3, 1948 [75]
acting William R. Zimmerman June 3, 1948 March 10, 1949 [34]
35 John R. Nichols April 13, 1949 March 23, 1950 [76]
36 Dillon S. Myer May 5, 1950 March 19, 1953 [77]
Acting W. Barton Greenwood March 20, 1953 July 28, 1953 [34][78]
37 Glenn L. Emmons August 10, 1953 January 7, 1961 [79][80]
acting John O. Crow[b] February 10, 1961 September 25, 1961 [81][82][83]
38 Philleo Nash September 26, 1961 March 15, 1966 [84][85][86]
39 Robert L. Bennett[c] April 27, 1966 May 31, 1969 [87][88][89]
40 Louis R. Bruce[d] August 8, 1969 January 20, 1973 [90][91][92]
Acting Marvin L. Franklin[e] February 7, 1973 December 4, 1974 [34]
41 Morris Thompson[f] December 4, 1973 November 3, 1976 [93]
42 Benjamin Reifel[g] December 7, 1976 January 28, 1977 [94][95]
Acting Raymond Butler January 28, 1977 September 19, 1977 [34]
43 William E. Hallett[h] December 16, 1979 January 19, 1981 [96][97]
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Table notes:

  1. First Native American to hold the position. Seneca affiliation.
  2. Cherokee affiliation.
  3. Oneida affiliation.
  4. Mohawk-Oglala Sioux affiliation.
  5. unconfirmed nominee
  6. Athabaskans affiliation.
  7. Sicangu Lakota affiliation.

Assistant secretaries of the interior for Indian affairs

The following persons have led the Bureau of Indian Affairs as assistant secretaries of the interior for Indian affairs since 1977:[98][34]

More information Image, Assistant Secretary ...
No. Image Assistant Secretary Term started Term ended Affiliation Refs.
1 Forrest Gerard September 12, 1977 January 19, 1980 Blackfeet [99][100][101]
2 Thomas W. Fredericks[a] June 18, 1980 January 19, 1981 Mandan–Hidatsa [102]
3 Kenneth L. Smith May 13, 1981 December 7, 1984 Wasco [103][104][105]
4 Ross Swimmer December 5, 1985 January 29, 1989 Cherokee [106][107]
acting William Patrick Ragsdale January 29, 1989 June 20, 1989 Cherokee [34][108]
5 Eddie Frank Brown June 26, 1989 July 16, 1993 Yaqui [109][110]
6 Ada E. Deer July 16, 1993 November 12, 1997 Menominee [111][112]
7 Kevin Gover November 12, 1997 January 3, 2001 Pawnee [113]
acting James H. McDivitt January 20, 2001 July 3, 2001 [34]
8 Neal A. McCaleb July 4, 2001 January 6, 2003 Chickasaw [114]
acting Aurene M. Martin January 6, 2003 February 2, 2004 Bad River Chippewa [34]
9 Dave Anderson February 2, 2004 February 12, 2005 Lac Court Oreille Chippewa [115][116][117]
acting Jim Cason February 12, 2005 March 5, 2007 "non-Indian" [34][118]
10 Carl J. Artman March 8, 2007 May 23, 2008 Oneida [119]
acting George T. Skibine May 23, 2008 January 20, 2009 Osage [34]
11 Larry Echo Hawk May 22, 2009 April 27, 2012 Pawnee [120]
acting Donald "Del" Laverdure April 27, 2012 October 9, 2012 Crow [34][121]
12 Kevin K. Washburn October 9, 2012 December 31, 2015 Chickasaw [122]
acting Lawrence S. Roberts January 1, 2016 January 20, 2017 Oneida [123][34]
acting Michael S. Black January 20, 2017 June 11, 2017 Oglala Sioux [124][34]
acting John Tahsuda September 3, 2017 July 9, 2018 Kiowa [125]
13 Tara Sweeney July 9, 2018 January 20, 2021 Inupiat [126][127][128]
acting Darryl LaCounte January 21, 2021 September 7, 2021 Turtle Mountain Chippewa [129][130]
14 Bryan Newland September 8, 2021 January 20, 2025 Ojibwe [131][132][133]
acting Bryan Mercier January 20, 2025 March 18, 2025 Grand Ronde [134][135]
acting Scott Davis March 18, 2025 September 3, 2025 Standing Rock Sioux [136][137][138]
acting Janel Broderick September 3, 2025 October 9, 2025 "non-Indian" [139][140]
15 William Kirkland October 9, 2025 Present Navajo [141]
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Table notes:

  1. nominated, but never confirmed by Senate

Deputy commissioners and bureau directors

Deputy commissioners

Deputy commissioners were assistants to the assistant secretary of the interior for Indian affairs from 1981 to 2003.[142]


Bureau directors

Bureau directors are assistants to the assistant secretary of the interior for Indian affairs since 2003.[142]

More information Image, BIA Director ...
No. Image BIA Director Term started Term ended Affiliation Refs.
1 Terry Virden July 1, 2002 2004 White Earth Chippewa [143]
2 Brian Pogue May 27, 2004 2005 Cherokee [144]
3 William Patrick Ragsdale February 13, 2005 2007 Cherokee [145]
4 Jerold L. Gidner September 17, 2007 2010 Sault Chippewa [146][147]
5 Michael S. Black April 25, 2010 November 2016 Oglala Sioux [148]
6 Weldon "Bruce" Loudermilk 2016 September 2017 Fort Peck [149][150]
7 Bryan C. Rice October 16, 2017 2018 Cherokee [151][152]
8 Darryl LaCounte April 28, 2019 September 30, 2024 Turtle Mountain Chippewa [153]
9 Bryan Mercier September 30, 2024 Present Grand Ronde [154]
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See also

References

Further reading

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