The BIA is Broken

Abstract

[2014 update: This paper was first issued in 2011 to review internal process, policy and procedure of the Bureau of Indian Affairs. A 2014 review shows that little if any progress has been made by the BIA. Each section in this paper has been reviewed for any changes that may have occurred. Throughout the paper, 2014 updates are enclosed in boxes for easy identification.] The Bureau of Indian Affairs (BIA) has been maligned since its inception in 1834. Some have called for its abolishment yet it continues to play a vital role in the lives of millions of Native Americans. Studies by public and private organizations have routinely shown that in many respects the agency is dysfunctional. This paper seeks to examine just one area of BIA responsibility (fee to trust acquisitions) to determine how the Bureau performs. The study is based entirely on publically available documents primarily from the BIA and Department of Interior (DOI). The first two sections describe how the Department defines its policy and procedures then performs a cursory review to determine how they are actually implemented. The next sections delves in more detail into the fee to trust process and utilizes some specific examples to determine how well the BIA does its job. Finally the paper makes several observations about the Bureau in general and makes four specific recommendations that could be utilized to improve the overall performance of the BIA and specifically the fee to trust process.