Big Pine tribe turns to BIA to weigh in on tribal council dispute
Federal agency expected to make decision by March 23
An elections dispute regarding the Big Pine Paiute tribal council has resulted in the Bureau of Indian Affairs delaying the execution of a contract with the tribe to continue to fund and operate federal programs that serve tribal members, according to an announcement from the tribal council on Saturday.
“Unfortunately, the BIA will not execute a 638 contract with the tribe because of claims made to the BIA that the meeting held on Nov. 21, 2023, was a valid recall election,” according to the release. “Consequently, the leadership of the tribe is in dispute for purposes of executing a 638 contract with the BIA and for the federal government and the tribe to maintain a government-to-government relationship.
A group of individuals who claim to have been elected to the tribal council on Nov. 21, 2023, continue to claim to be the constitutionally elected leadership of the tribe, which the current council categorized as “wrong,” the release notes.
The 638 contract falls under the
Indian Self-Determination and Education Assistance Act, Public Law 93-638, as amended (“638 contract”) and is a legal tool for tribal self-determination that gives tribes the ability to take over control of eligible federal government programs.
According to the release, BIA Superintendent Harley Long has informed the tribal council that his agency will recognize the tribe’s constitutionally elected leadership no later than March 23.
It is anticipated that once the issue is resolved the BIA will formally recognize the tribe’s leadership for government-to-government relations and for entering a new 638 contract.