1 partnering with bia and buy indian act jocelyn littlechief supervisory contract specialist bia,...
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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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