BIA

DOGE Plans to Close 41 Offices of the BIA, IHS, NIGC, and DOI Office of Hearing and Appeals – Probate Hearings Division

Singel

Below is a list of planned lease terminations pulled from the DOGE website on March 10, 2025. The list is likely incomplete and inaccurate, since DOGE’s “wall of receipts” has notoriously overstated its savings impact for federal taxpayers, requiring numerous corrections since it began posting details of its work.

The list below also includes plans for the closure of seven additional BIA offices. These additional closures were pulled from a table published by the Democrats on the House Natural Resources Committee.

“The impact on Bureau of Indian Affairs offices will be especially devastating. These offices are already underfunded, understaffed, and stretched beyond capacity, struggling to meet the needs of Tribal communities who face systemic barriers to federal resources. Closing these offices will further erode services like public safety, economic development, education, and housing assistance—services that Tribal Nations rely on for their well-being and self-determination.” – Rep. Jared Huffman (D-Calif.), Ranking Member of the House Natural Resources Committee

Mark Macarro, President of NCAI, explained to the A.P. that funding for the BIA, IHS, and the BIE represents the lion’s share of the government’s obligations to tribes, and last year those departments made up less than a quarter of 1% of the federal budget. “They’re looking in the wrong place to be doing this,” said Macarro. “And what’s frustrating is that we know that DOGE couldn’t be a more uninformed group of people behind the switch. They need to know, come up to speed real quick, on what treaty rights and trust responsibility means.”

AGENCYLOCATIONSQ FTANNUAL LEASE
BUREAU OF INDIAN AFFAIRSCARNEGIE, OK0$2,798
BUREAU OF INDIAN AFFAIRSST. GEORGE, UT750$50,400
BUREAU OF INDIAN AFFAIRSFREDONIA, AZ1,500$22,860
INDIAN HEALTH SERVICE-CALIFORNIAARCATA, CA1,492$37,012
INDIAN HEALTH SERVICE NAVAJOFARMINGTON, NM2,000$62,677
BUREAU OF INDIAN AFFAIRSPAWNEE, OK7,549$156,171
BUREAU OF INDIAN AFFAIRSSEMINOLE, OK9,825$184,770
INDIAN HEALTH SERVICE-BEMIDJIBEMIDJI, MN4,896$133,916
INDIAN HEALTH SERVICE -OKLAHOMAOKLAHOMA CITY, OK5,000$119,951
BUREAU OF INDIAN AFFAIRSWATONGA, OK2,850$38,573
BUREAU OF INDIAN AFFAIRSPABLO, MT620$10,418
BUREAU OF INDIAN AFFAIRSRAPID CITY, SD1,825$53,911
BUREAU OF INDIAN AFFAIRSFORT THOMPSON, SD4,870$58,976
BUREAU OF INDIAN AFFAIRSSISSETON, SD4,911$180,008
INDIAN HEALTH SERVICE-BEMIDJITRAVERSE CITY, MI798$28,638
BUREAU OF INDIAN AFFAIRSZUNI, NM2,117$39,819
INDIAN HEALTH SERVICE NAVAJOGALLUP, NM20,287$322,529
BUREAU OF INDIAN AFFAIRSELKO, NV4,760$134,297
BUREAU OF INDIAN AFFAIRSASHLAND, WI34,970$649,408
BUREAU OF INDIAN AFFAIRSSHAWANO, WI1,990$36,395
INDIAN HEALTH SERVICE NAVAJOSAINT MICHAELS, AZ40,924$1,074,931
BUREAU OF INDIAN AFFAIRSPHOENIX, AZ71,591$1,784,239
BUREAU OF INDIAN AFFAIRSREDDING, CA5,307$154,103
BUREAU OF INDIAN AFFAIRSHOLLYWOOD, FL3,000$79,365
INDIAN HEALTH SERVICE-PHOENIXELKO, NV853$22,240
INDIAN HEALTH SERVICE-NASHVILLEMANLIUS, NY2,105$37,648
INDIAN HEALTH SERVICE-NASHVILLEOPELOUSAS, LA1,029$25,015
INDIAN HEALTH SERVICE-BEMIDJISAULT STE MARIE, MI1,100$34,375
INDIAN HEALTH SERVICE-CALIFORNIAUKIAH, CA1,848$45,857
BUREAU OF INDIAN AFFAIRSPAWHUSKA, OK10,335$166,134
NATIONAL INDIAN GAMING COMMISSIONRAPID CITY, SD1,518$43,938
BUREAU OF INDIAN AFFAIRSTOPPENISH, WA17,107$533,985
BUREAU OF INDIAN AFFAIRSBARAGA, MI1,200$14,400
OFFICE OF HEARING AND APPEALS
(PROBATE HEARINGS DIVISION)		RAPID CITY, SD2,252$53,198
TOTALS270927$6,339,757
Additional Office Closures – House Natural Resources Committee List
BUREAULOCATIONPLANNED TERM. DATE
1409: BUREAU OF INDIAN AFFAIRSSHOW LOW, AZ1/26/2026
1409: BUREAU OF INDIAN AFFAIRSTOWAOC,  COTBD
1409: BUREAU OF INDIAN AFFAIRSLAPWAI, ID9/30/2025
1409: BUREAU OF INDIAN AFFAIRSSAULT SAINT MARIE, MITBD
1409: BUREAU OF INDIAN AFFAIRSPOPLAR, MTTBD
1409: BUREAU OF INDIAN AFFAIRS FT TOTTEN, NDTBD
1409: BUREAU OF INDIAN AFFAIRSEAGLE BUTTE, SDTBD

Job Announcements: DOI BIA Supervisory Program Analysts

Monica Williamson

Supervisory Program Analyst, GS-0343-14 with duty location of any OJS office. Closes Friday, October 11, 2024.  The vacancy announcement number is ST-24-12563193-CAWU-RV, and can be accessed directly by following the link.

Supervisory Program Analyst, GS-0343-14 with duty location of Anchorage, AK. Closes Wednesday, October 9, 2024.  The vacancy announcement number is ST-24-12558605-CAWU-RV, and can be accessed directly by following the link.

NOTE:  know that when you get on www.usajobs.gov and search for “POSITION TITLE” it will say that no jobs were found.  This is because applicants must click on the circle to the left of the screen next to “jobs for Federal Employees.”  The vacancy announcement will then appear.  This applies to current employees as well as Tribal members.

Current and former Federal employees must submit their SF-50, BIA Form 4432, and resume(s).  They should not submit award SF-50s, however, as those do not contain all the data we need.  Also, Federal employees must meet time-in-grade requirements – this means that they must possess one year of specialized experience at the next lower grade level to qualify for the grade for which they are applying (e.g., they must have one year of specialized experience at the next lower grade level to be considered).

Tribal members must submit their BIA Form 4432 and resume(s).

Resumes should be geared towards the specialized experience qualification requirements stated in the vacancy announcement and this experience must be clearly shown on their resumes for them to be considered qualified.  While a candidate may serve in a position(s) with the same title or similar title of the position, if that candidate’s resume does not address the specialized experience and/or duties performed in the position held, the candidate will not be found eligible.

Reminder: AFCARS Comments on ICWA Due April 23

Kate Fort

I posted about this here, and comments are due April 23. The Indian Law Clinic should have a model comment available for tribes to use and edit by the end of next week.

This rule proposes to require states that receive federal funding for their foster care systems to gather accurate data on children in state courts who are subject to ICWA’s protections. This is done through the Adoption and Foster Care Analysis and Reporting System (AFCARS) If you are a state worker, please encourage your state agency to comment in favor of this rule.

The proposed rule is here and is nearly identical to the one promulgated in 2016 (and then withdrawn by the Trump administration).

First Tribal Title IV-B 477 Integration

Kate Fort

I am very excited about this. It’s the first step in loosening up the restrictions on HHS money that needs to be flowing to tribes for social service and justice systems.

https://www.acf.hhs.gov/media/press/2023/first-tribal-integration-title-iv-b-child-welfare-programs-477-plan

The new integration comes under Public Law 102-477 (P.L. 102-477). Specifically, ACF recommended, and BIA approved for Citizen Potawatomi Nation, to integrate its child welfare services grants with several other federal grants for employment, training and related services into a single program and budget to address Tribal priorities. 

“Public Law 102-477 has long been critical legislation for ACF to promote Tribal sovereignty, and expansion to include new ACF programs helps meet our nation-to-nation responsibilities,” said ACF Acting Assistant Secretary Jeff Hild. “The feedback we hear from our Tribal advisory committee and Tribal leaders is Tribes know best how to serve their citizens, and 477 is one way to do this.” 

Under P.L. 102-477, Tribes can integrate their federal employment, training and related services from across the federal government to improve the effectiveness of those services. Tribes wishing to integrate a program into a 477 plan must first submit a proposed plan to DOI that identifies the programs to be integrated and consolidated. Once a program is included in such a plan, Tribes have very broad flexibility in use of those funds. 

Comment Deadline to Feds on ICWA Needs Extended to January 12

Kate Fort

This extension is regarding the letter in this post.

The Administration (DOI, HHS, and DOJ) are asking for input on the following:

What additional supports would Tribal leaders find helpful to build their Tribe’s capacity to exercise their rights and responsibilities under ICWA?  

Are there specific supports you believe the federal government could provide to help state courts and child welfare agencies meet their obligations under ICW A? 

In your experience, are there specific aspects or requirements of ICWA where state courts and agencies need to build greater understanding or capacity? 

Are there existing State-Tribe collaborative partnerships or processes that you believe have helped support effective implementation ofICWA? 

icwa_dear_tribal_leader_letter_to_extend_comment_deadline_enrd_comment_hhs.doj_.doi_final_10.06.23Download

OJS TJS Virtual VAWA Roundtable Discussion, June 29, 2022

Monica Williamson

Violence Against Women Act Round Table Discussion

Lessons Learned: Implementing VAWA ’22 Based on VAWA ’13

Hosted on Zoom, June 29, 2022, 11-5:30pm

Visit www.vawaroundtable.com for more information and to register for the tuition free event

Reported N.C. ICWA Notice Case

Kate Fort
528a20-1Download

There’s not much groundbreaking about this ICWA notice case, but this information did catch my eye. A letter from the BIA apparently stated:

The Bureau of Indian Affairs specified in relevant part as follows:

a. The BIA acknowledges that you have notified the family’s identified Tribe(s) Tuscarora, Tonawanda, Mohawk, Seneca, Oneida, EBCI, Cayugo, Onondaga, and Keetoowah based on your inquiry with the family according to 25 U.S.C. § 1912.

b. You have identified that Onondaga and Keetoowah have not responded. At this point, you have done due diligence and completed your ICWA responsibilities.

Do people regularly get letters where the BIA states the agency has “completed [its] ICWA responsibilities?” I haven’t seen this entered as evidence in other cases, so I’m curious. According to the record, this came from the BIA regional office in Tennessee.

Update in Texas v. Zinke (federal ICWA case)

Kate Fort2 Comments

Here are the updated filings in the federal ICWA case in Texas:

The federal government filed a motion to dismiss, here.

But THEN, Plaintiffs filed (another) amended complaint–here.

It’s about 8 pages longer than the previous complaint, and adds the Department of Health and Human Services, the Secretary of the Department, and the United States as defendants. While the complaint still requests the court find all of ICWA unconstitutional and unenforceable, it also broadens the discussion beyond 1915 placement preferences to the collateral challenge provisions in 1913 and 1914. The complaint also still contends that certain provisions of IV-B and IV-E (parts of the Social Security Act) are not enforceable–those that purportedly link state compliance with ICWA to federal funding.

The feds will file another (slightly longer) motion to dismiss, and it will be here as soon as it is available.

However, the court has ALSO granted the tribal motion for intervention, available here.

BIA Publishes Updated Model Tribal Juvenile Code

Kate Fort1 Comment

Press Release here.

Model code here.

One of the things that is particularly useful in this model code is how it is annotated with information on why the drafters made certain choices, and links to other resources with additional information.

Parties seek intervention in Right-of-Way Regulation Lawsuit

bryannewland1 Comment

The Three Affiliated Tribes of Ft. Berthold and the New Mexico Oil and Gas Association have sought to intervene in Western Energy Alliance v. Jewell.

The materials for the Three Affiliated Tribes are here:

Motion to Intervene: TAT Mot to Int

Brief in Support: TAT Br in Supp of Mot to Int

Special Appearance and Answer to Complaint:Special Appearance & Ans TAT

The materials for the New Mexico Oil and Gas Association are here:

Brief in Support of Intervention: New Mex Oil & Gas Assoc Br for Interv

Exhibit A for Brief: Exh A to NM Oil & Gas Assoc Br