Department of Interior Bureau of Indian Affairs Reorganization · 2019. 12. 19. · –Bureau of...
Transcript of Department of Interior Bureau of Indian Affairs Reorganization · 2019. 12. 19. · –Bureau of...
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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.
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2HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK
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
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3HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK
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
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4HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK
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
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5HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK
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
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6HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK
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
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7HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK
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
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8HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK
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9HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK
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
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10HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK
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
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11HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK
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
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12HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK
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
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13HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK
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
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14HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK
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)
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15HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK
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?
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16HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK
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
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17HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK
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
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18HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK
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]
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19HOBBS STRAUS DEAN & WALKER, LLPWASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK
Questions?
For more information, please contact:
Geoff [email protected]
503-242-1745
mailto:[email protected]