department of interior bureau of indian affairs reorganization · 2019. 12. 19. · –bureau of...

1HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK

Department of Interior Bureau of Indian Affairs

Reorganization

Geoff Strommer, Esq.


Overview1. History and background of the DOI/BIA

reorganization initiative2. What DOI/BIA is actually proposing3. Some of the major problems that Tribes

have identified4. Next steps in the process


History and Background• On March 13, 2017, President Trump

signed the Executive Order 13781, the “Comprehensive Plan for Reorganizing the Executive Branch” – Asked for a plan from each agency on how to

reorganize to improve the efficiency, effectiveness, and accountability of the executive branch


History and Background

• DOI requested Tribal input by letter May 16, 2017, and held Tribal listening sessions in May and June 2017

• September 2017: Secretary of the Interior submitted reorganization proposals for the Department to OMB


History and Background• The Department of the Interior includes

various bureaus and agencies– Bureau of Indian Affairs (BIA), Bureau of Indian

Education (BIE), Bureau of Land Management, Bureau of Ocean Energy Management, Bureau of Reclamation, Bureau of Safety and Environmental Enforcement, National Park Service, Office of Surface Mining Reclamation and Enforcement, U.S. Fish and Wildlife Service and U.S. Geological Survey


History and Background

• DOI’s stated focus of reorganization proposal is developing “unified regions”– Currently 9 bureaus in 61 regions– Original proposal: 12 Regions, based on

watershed boundaries and adjusted for state lines

• Based on improving agency “functions” of recreation, conservation and permitting


Current Proposal• 13 Unified Regions• DOI’s Stated goals:

– Provide better management on ecosystem basis

– Improve interagency coordination and customer service

– All DOI executives in the region have shared frame of reference


Current Proposal• Each Unified Region will have a new

Interior Regional Director (IRD)– Reports directly to Deputy Secretary– Focuses on three primary functions:

recreation, permitting and conservation– Potentially rotates among each bureau

regional director


Current Proposal

• August 2018: DOI announced these Unified Regions will apply for all of Interior’s Bureaus except for the BIA, the Office of the Special Trustee for American Indians, and BIE

• DOI seeking input on how the Indian Affairs regions and functions may be included in this reorganization


Some of the major problems that Tribes have identified

• Lack of Consultation• Changes in the Regions

– Structure of Regions– New Interior Regional Director positions

• Concerns about DOI mission and the Trust Responsibility

• Funding


Concerns about Consultation• Consultation is focused on BIA ONLY

– Current consultation does not include the other Bureaus within DOI that have responsibilities to Tribes

• Lack of Adequate Process– General listening sessions are not true

government-to-government consultation– No written plan for Tribes to review


Concerns about Unified Regions

• Current BIA regional boundaries have been meticulously designed and adjusted over time to address problems and to serve each tribe’s sovereign interest

• New Unified Regions may disrupt services in some parts of the country– Loss of history and continuity of staffing


Concerns about Unified Regions

• New boundaries will group together tribes with no similarities, and that have history of disputes

• New boundaries will separate similar tribes– For example, tribes in UT would move from

the current Western region (shared with similar tribes in NV and AZ), to the new Upper Colorado Basin Region (with WY, CO, NM)


Concerns about IRD• Concerns about the Interior Regional

Director– Rotational nature of the position– Will this person understand the trust

responsibility? – How does IRD balance big picture with

responsibility to own bureau?


Concerns with DOI “Functions” and Trust Responsibility

• Proposal says DOI’s functions are recreation, conservation and permitting

• Trust Responsibility must remain part of DOI’s mission and apply to the new Unified Regions


Concerns about Funding• No cost-benefit analysis for

Reorganization• BIA already underfunded and understaffed

– BIA says no tribal funds will be used for the reorganization, however, new regions are being created


Next steps• The final plan is due to the White House in

October• Comment deadline on proposal extended• Send comments by midnight, Saturday,

September 22, 2018 to [email protected]

mailto:[email protected]


Questions?

For more information, please contact:

Geoff [email protected]

503-242-1745
mailto:[email protected]

department of interior bureau of indian affairs reorganization · 2019. 12. 19. · –bureau of...

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