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PARTNERING WITH BIA AND BUY INDIAN ACT

PARTNERING WITH BIA AND BUY INDIAN ACT

Jocelyn LittleChief

Supervisory Contract Specialist

BIA, Southern Plains Region

Anadarko, OK 73005

(405) 247-1527 office

Jocelyn LittleChief

Supervisory Contract Specialist

BIA, Southern Plains Region

Anadarko, OK 73005

(405) 247-1527 office

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STRUCTURE OF BIASTRUCTURE 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

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STRUCTURE OF BIASTRUCTURE 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

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BIA RESPONSIBILITYBIA 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

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INDIAN SELF DETERMINATION ACTINDIAN SELF DETERMINATION ACT

1975 Indian Self-Determination and Education Assistance Act (PL 93-638) 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 93-638) 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.

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BUY INDIAN ACTAUTHORITY

BUY INDIAN ACTAUTHORITY

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.

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BUY INDIAN ACTHISTORY

BUY INDIAN ACTHISTORY

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

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BUY INDIAN ACTANDRUS VS. GLOVER

BUY INDIAN ACTANDRUS 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 1983.

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.

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BUY INDIAN ACTANDRUS VS. GLOVER

BUY INDIAN ACTANDRUS 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.

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BUY INDIAN ACTANDRUS VS. GLOVER

BUY INDIAN ACTANDRUS 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.

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BUY INDIAN ACTANDRUS VS. GLOVER

BUY INDIAN ACTANDRUS 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

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BUY INDIAN ACTANDRUS VS. GLOVER

BUY INDIAN ACTANDRUS 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

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P.L. 93-638 ACTP.L. 93-638 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;

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P.L. 93-638 ACTP.L. 93-638 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

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P.L. 93-638 ACTP.L. 93-638 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

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QUESTIONSQUESTIONS

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