There Is No Treaty and Trust Obligation for Endless Red Tape and Bureaucratic Bloat

Time to De-Colonize! For generations, tribal nations have fiercely defended their sovereignty, rooted in treaties and the federal trust obligation—a sacred agreement promising support without interference. Yet today, tribes find themselves ensnared in bureaucratic red tape imposed by ever-expanding federal agencies such as the Bureau of Indian Affairs (BIA) and Bureau of Indian Education (BIE).

Contrary to misguided beliefs, no treaty or legal precedent mandates an inflated federal workforce to administer tribal affairs. The Supreme Court repeatedly affirmed tribal sovereignty—most notably in Worcester v. Georgia (1832), Williams v. Lee (1959), and Santa Clara Pueblo v. Martinez (1978)—reinforcing the fundamental truth that treaty obligations are about honoring commitments, not controlling tribes.

Worcester v. Georgia | History, Summary, & Significance | Britannica | “Williams v. Lee and the Debate Over Indian Equality” by Bethany Berger | Santa Clara Pueblo v. Martinez – Wikipedia

Budgets Benefit Federal Workers, Not Tribes

Whether we like it or not, BIA employees are federal agents. Our ancestors would be concerned that we are advocating for more agents. Currently, the Bureau of Indian Affairs employs approximately 4,000 staff members with a budget allocation exceeding $2.9 billion annually, while the Bureau of Indian Education employs around 3,000 employees with a budget exceeding $1.5 billion annually. Administrative overhead often consumes These considerable resources rather than directly benefiting tribal communities.

Excessive bureaucracy not only delays critical services but also actively undermines tribal self-governance. The painful history of federal mismanagement—from boarding schools to trust-fund scandals like Cobell v. Salazar (2009)—illustrates clearly that federal oversight has often resulted in inefficiencies and injustices. Further evidence of these failures can be seen in the performance outcomes of BIE schools, where only 15% of Native American students meet proficiency standards in reading and just 10% in math, far below national averages. Additionally, Native American health outcomes remain among the lowest nationally, with life expectancy nearly five years lower than the general U.S. population and poverty rates double the national average.

The History Behind Cobell Vs. Salazar | National Indian Education Study 2019 | The Federal Government Gives Native Students an Inadequate Education, and Gets Away With It — ProPublica

There is a better path forward, proven by the successful implementation of recent Treasury-administered programs. The CARES Act and American Rescue Plan (ARP) funds, managed through the U.S. Department of Treasury, have demonstrated that direct funding to tribes can be efficient, accountable, and respectful of tribal sovereignty. Through the Treasury’s Local Assistance and Tribal Consistency Fund and the Coronavirus State and Local Fiscal Recovery Funds, billions of dollars have swiftly reached tribal governments, empowering them to address local needs directly without intrusive federal oversight.

Fiscal Recovery Funds Allocations to Tribal Governments | The American Rescue Plan: State and Local Funding – BGR Group | State and Local Fiscal Recovery Funds | U.S. Department of the Treasury

The proposal to close the BIA and BIE and redirect funding through the Treasury Department aligns with the principles of tribal self-governance and self-determination. The Indian Self-Determination and Education Assistance Act (ISDEAA) of 1975, amended in 1988 and 1994, authorizes tribes to contract and compact for federal programs. This legislation supports the transfer of programmatic authorities and resources to tribal governments, with over 370 tribes participating in self-governance compacts and 477 programs, as noted in Tribal Nations with Self-Governance Compacts.

Tribal Nations with Self-Governance Compacts – Tribal Self-Governance

Legal precedents further support this approach. In United States v. Lara (2004), the Supreme Court upheld tribal criminal jurisdiction, reinforcing inherent tribal sovereignty. Similarly, Ramah Navajo School Board v. Babbitt (1994) affirmed tribal rights to contract for school operations under ISDEAA, demonstrating that tribes can manage educational functions traditionally handled by the BIE.

United States v. Lara | Oyez | RAMAH NAVAJO SCHOOL BOARD INC v. BABBITT (1996) | FindLaw

Treasury’s proven allocation methodology—combining self-certified tribal enrollment and employment data—ensures fair, transparent, and equitable distribution, while allowing flexibility in how funds are used. Tribes have leveraged these resources to rebuild economies, upgrade infrastructure, improve healthcare, and safeguard their communities, showcasing the power of true self-determination.

Close the BIA, BIE, and Sub-Agency Indian Offices

We recommend a transformative policy shift: close the BIA, BIE, and related federal sub-agencies that perpetuate bureaucracy and redirect their combined annual budgets—totaling over $4 billion—permanently through a dedicated office within the U.S. Treasury Department. 

This goal can realistically be achieved under a second Trump Administration, working collaboratively with tribal leaders, President Trump, DOI Director Burgum, and Treasury Secretary Bessent. Using established funding formulas and compliance frameworks already in place for ARP and CARES funding, this office can seamlessly administer federal obligations directly to tribes, significantly increasing available tribal budgets. This structure ensures funding reaches tribes without unnecessary bureaucratic delays, honoring the original treaties and trust obligations in a manner that respects tribal autonomy and governance.

This proposal represents a return to the authentic nation-to-nation relationship envisioned by our ancestors—a relationship based on mutual respect, streamlined collaboration, and empowerment rather than paternalistic oversight. The path to sovereignty does not run through bureaucratic mazes, but through clear, direct lines of support and accountability.

By embracing this model under a renewed Trump Administration, we honor our treaties, uphold tribal sovereignty, and ensure a prosperous future where tribes control their destinies, not bureaucratic institutions. Let us reclaim our rights, cut the red tape, and renew our commitment to tribal independence and self-determination. Time to De-Colonize!