1 PARTNERING WITH BIA AND BUY INDIAN ACT Jocelyn LittleChief Supervisory Contract Specialist BIA, Southern Plains Region Anadarko, OK (405) office Jocelyn LittleChief Supervisory Contract Specialist BIA, Southern Plains Region Anadarko, OK (405) office

2 STRUCTURE OF BIA  TWELVE REGIONAL OFFICES  EACH REGIONAL OFFICE HAS VARIOUS AGENCIES UNDER IT’S JURSIDICTION  TWELVE REGIONAL OFFICES  EACH REGIONAL OFFICE HAS VARIOUS AGENCIES UNDER IT’S JURSIDICTION

3 STRUCTURE OF BIA  SOUTHERN PLAINS REGIONAL OFFICE  ANADARKO, OK  SERVES 25 TRIBES  EASTERN OKLAHOMA REGIONAL OFFICE  MUSKOGEE, OK  SERVES 23 TRIBES  SOUTHERN PLAINS REGIONAL OFFICE  ANADARKO, OK  SERVES 25 TRIBES  EASTERN OKLAHOMA REGIONAL OFFICE  MUSKOGEE, OK  SERVES 23 TRIBES

4 BIA RESPONSIBILITY  BIA IS RESPONSIBLE FOR;  ADMINISTRATION OF FEDERAL PROGRAMS, AND  FOR PROMOTING INDIAN SELF- DETERMINATION  BIA IS RESPONSIBLE FOR;  ADMINISTRATION OF FEDERAL PROGRAMS, AND  FOR PROMOTING INDIAN SELF- DETERMINATION

5 INDIAN SELF DETERMINATION ACT  1975 Indian Self-Determination and Education Assistance Act (PL )  Gives Indian Tribes/Alaskan Natives the authority to contract with the Government, services, functions or activities administered by DOI/BIA that are not considered to be inherently federal activities.  1975 Indian Self-Determination and Education Assistance Act (PL )  Gives Indian Tribes/Alaskan Natives the authority to contract with the Government, services, functions or activities administered by DOI/BIA that are not considered to be inherently federal activities.

6 BUY INDIAN ACT AUTHORITY  Act of June 25, 1910 (25 U.S.C. 47)  Commonly referred to as the Buy Indian Act  41 U.S.C. 253(c)(5)  Which permits negotiation of contracts when authorized or required by statute.  Act of June 25, 1910 (25 U.S.C. 47)  Commonly referred to as the Buy Indian Act  41 U.S.C. 253(c)(5)  Which permits negotiation of contracts when authorized or required by statute.

7 BUY INDIAN ACT HISTORY  Oldest of the Indian Preference laws on the books, adopted in 1910  Applies to BIA and IHS  Applies to direct contracts let by these two agencies  Oldest of the Indian Preference laws on the books, adopted in 1910  Applies to BIA and IHS  Applies to direct contracts let by these two agencies

8 BUY INDIAN ACT ANDRUS VS. GLOVER  1980 US Supreme Court ruled BIA could not use the Buy Indian Act on road construction projects and, by implication, on any other kind of construction  Court held that Congress had implicitly release the application of the Buy Indian Act to construction when it enacted the Federal Property and Administrative Services Act of  1980 US Supreme Court ruled BIA could not use the Buy Indian Act on road construction projects and, by implication, on any other kind of construction  Court held that Congress had implicitly release the application of the Buy Indian Act to construction when it enacted the Federal Property and Administrative Services Act of 1983.

9 BUY INDIAN ACT ANDRUS VS. GLOVER  Recent Laws have had the effect of correcting most of the damage done by Glover  First step when congress enacted the Surface Transportation Assistance Act of 1982 (STAA)  When authorizing these funds, Congress specifically provided that Buy Indian applied to construction contracts let with these funds.  Recent Laws have had the effect of correcting most of the damage done by Glover  First step when congress enacted the Surface Transportation Assistance Act of 1982 (STAA)  When authorizing these funds, Congress specifically provided that Buy Indian applied to construction contracts let with these funds.

10 BUY INDIAN ACT ANDRUS VS. GLOVER  All BIA road construction projects are now funded with funds from STAA, so all BIA road contracts are now to be let pursuant to Buy Indian.  With the exception of Oklahoma.  All BIA road construction projects are now funded with funds from STAA, so all BIA road contracts are now to be let pursuant to Buy Indian.  With the exception of Oklahoma.

11 BUY INDIAN ACT ANDRUS VS. GLOVER  Justice Department went to the Oklahoma Federal District Court, that had issued the original injunction against the BIA in the Glover case.  Justice asked court to remove the injunction in light of the provisions in the STAA  Justice Department went to the Oklahoma Federal District Court, that had issued the original injunction against the BIA in the Glover case.  Justice asked court to remove the injunction in light of the provisions in the STAA

12 BUY INDIAN ACT ANDRUS VS. GLOVER  Oklahoma Federal District Court did so only partially.  It held that STAA Buy Indian provision applied only to “reservation roads”  Since Oklahoma has no reservations, it does not apply  Oklahoma Federal District Court did so only partially.  It held that STAA Buy Indian provision applied only to “reservation roads”  Since Oklahoma has no reservations, it does not apply

13 P.L ACT  Section 7(b) states:  Any contract, subcontract, grant or subgrant pursuant to this Act or any other Act authorizing federal contracts with or grants to Indian organizations or for the benefit of Indians, shall require that to the greatest extent feasible;  Section 7(b) states:  Any contract, subcontract, grant or subgrant pursuant to this Act or any other Act authorizing federal contracts with or grants to Indian organizations or for the benefit of Indians, shall require that to the greatest extent feasible;

14 P.L ACT  Preferences and opportunities for training and employment shall be given to Indians  Preferences in the award of subcontracts and subgrants shall be given to Indian organizations and to Indian-owned economic enterprises  Preferences and opportunities for training and employment shall be given to Indians  Preferences in the award of subcontracts and subgrants shall be given to Indian organizations and to Indian-owned economic enterprises

15 P.L ACT  7(b) has been interpreted by the courts and the federal agencies to require preference to the greatest extent feasible, in contracting and subcontracting on  (1) all federally-funded prime contracts for the benefit of Indian  (2) all subcontracts on direct federal and federally funded  (3) preference in employment on all contracts where the contract is for the benefit of Indians  7(b) has been interpreted by the courts and the federal agencies to require preference to the greatest extent feasible, in contracting and subcontracting on  (1) all federally-funded prime contracts for the benefit of Indian  (2) all subcontracts on direct federal and federally funded  (3) preference in employment on all contracts where the contract is for the benefit of Indians

16 QUESTIONS ?