Complaints of wrongdoing at Department of the Interior on the rise in the Trump era

Friday, May 31, 2019  

WASHINGTON, D.C. -- Complaints at the Department of the Interior, the federal agency with the most responsibilities in Indian Country, have increased dramatically during the Trump era, according to an internal watchdog.

In the first two years of the Trump presidency, complaints of wrongdoing, corruption, fraud and misuse of funds rose 16 percent, the Office of Inspector General (OIG) disclosed in a report released on Friday. That was double the rate seen during the Obama transition, the data showed.

But even though more employees at the Bureau of Indian Affairs, the Bureau of Indian Education, the Office of he Special Trustee for American Indians and other Interior entities are coming forward with allegations, the OIG is unable to look into the vast majority of their complaints. Due to stagnant funding and reduced staff, a situation that has worsened amid meddling from the Trump administration, the number of opened investigations has fallen 50 percent in the last three years, the report stated.

Despite the challenges, the BIA remains the second-most audited agency at Interior, according to the report. A total of 13 audits, inspections, and evaluations were completed in fiscal year 2018, compared to 17 at the U.S. Fish and Wildlife Service.

The report, however, notes that the FWS total is higher only because the OIG is required by audit grants made to states under a particular program. When those 12 audits are taken into account, the BIA was in fact the most audited agency by far at Interior.

Additionally, the BIA is also the second-most investigated agency, according to the report. A total of 21 investigations into wrongdoing at the agency were completed in fiscal year 2018, compared to 30 at the National Park Service.

The numbers, though, are more striking considering that the NPS has about three times as many employees as the BIA. That means the BIA, which has about 6,800 full-time employees, had a disproportionately higher rate of completed investigations, based on the size of its workforce.

And even though the OIG is unable to open investigations into every complaint, the report shows that most allegations end up being confirmed. During fiscal year 2018, 73 percent of completed reports focused on substantiated complaints, according to the data.

"Our investigative work, which reviewed allegations of sexual harassment, misconduct, retaliation, conflicts of interest, ethical violations, arson, and embezzlement, resulted in 190 months of imprisonment or probation and more than $900,000 in criminal fines, restitution, or special assessments and civil settlements," the semi-annual report to Congress stated.

"The department took various actions to address the misconduct identified in our reports, to include removal, reassignment, counseling, and reprimand," it continued. "Several other employees either retired or resigned rather than face potential adverse action against them."

It was a great honor to serve as the commencement speaker at the 2019 @HaskellU Commencement Ceremony. Thank you to the Haskell Community of Indigenous Scholars for the warm welcome and making me feel at home! #OnwardHaskell pic.twitter.com/INVm5Ng6nm

— Assistant Secretary Tara Sweeney (@ASIndianAffairs) May 10, 2019

Investigation of Misconduct Allegations at Haskell Indian Nations University (November 16, 2018)
One reassignment occurred following a completed investigation. Venida Chenault, the former president of the Haskell Indian Nations University accepted a different position within the BIE after the OIG substantiated allegations of an "abusive" environment at the tribal college and uncovered mishandling of sexual assault and sexual harassment incidents.

Only in this case, Chenault didn't go very far. She was transferred to an upper-level management position at the BIE, and is based in an office located on Haskell's campus in Lawrence, Kansas.

"They've just given her a new title and it's going to be business as usual," Aaron Circle Bear, a former Haskell student who complained about Chenault's behavior, told Indianz.Com. He was expelled a month after he spoke to the OIG about the former president and now works in law enforcement in Kansas.

The Trump administration has boasted of a "zero tolerance" policy regarding harassment and misconduct in the workforce. But officials at Interior remain tight-lipped about cases within the BIA and the BIE, often declining to talk about certain matters due to personnel and privacy considerations.

"There is no place in Native society for this mental, physical, sexual or domestic abuse," Assistant Secretary for Indian Affairs Tara Sweeney, a Trump administration appointee who oversees the BIE, said at Haskell's commencement ceremony earlier this month in what was her first visit to campus. During her speech, she praised students for holding a series of events during a "healing week" this spring.

Investigation of Misconduct and Mismanagement at Southwestern Indian Polytechnic Institute (November 2, 2018)
Another completed OIG investigation focused on "misconduct and mismanagement" at Southwestern Indian Polytechnic Institute, an institution also overseen by the BIE. It confirmed that a manager at the tribal college in New Mexico had a sexual relationship with a student and engaged in behavior that was seen as "confrontational, abrasive, and argumentative" by colleagues and subordinates.

The manager wasn't named in the OIG report but Native journalist Mary Annette Pember, as part of a comprehensive investigation into sexual harassment in Indian Country, confirmed it was Eric Christensen. In her report for Indian Country Today, she said he remains employed by SIPI as the vice president of college operations, in a role in which he oversees a program that handles student complaints.

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In addition to the Haskell and SIPI investigations, other completed BIA/BIE and OST investigations include the following, with text coming from the OIG's semi-annual report:

BIA Firefighters Convicted for Intentionally Setting Wildland Fires on the Cherokee Reservation (November 21, 2018)
The OIG investigated an allegation that BIA Administratively Determined firefighters intentionally set wildland fires for profit on the Cherokee Reservation in Cherokee, NC.

We found that firefighters Raymond Swayney, Grady Davis, Zachary Winchester, and three others caused or participated in several wildland arsons for profit between fiscal years 2010 and 2014, impacting hundreds of acres in Cherokee and costing the Federal Government thousands of dollars

BIA Manager Created the Appearance of Using His Public Office for Private Gain (November 30, 2018)
The OIG investigated allegations that a BIA manager had used his position for the private gain of a friend, overruled decisions made by an employee’s supervisor regarding the employee’s leave and telework requests, and improperly influenced the award of a contract because of a personal relationship.

We found that the BIA manager created the appearance of using public office for the private gain of a friend when he participated on the interview panel that recommended the friend, who was also his former fiancé, for a position within the BIA.

Tribal School Employees Failed To Repay Payroll Advances (November 28, 2018)
The OIG investigated allegations that two former employees of a tribally controlled school funded by the BIE did not repay payroll advances. We found that one employee failed to repay the school for more than $77,000 in payroll advances and the other failed to repay the school for more than $16,000 in payroll advances. Both employees admitted to owing the funds and that they made no attempt to repay the money when they were no longer employed by the school.

Substantiated Violations of the Buy Indian Act (February 5, 2019)
The OIG investigated allegations that two propane delivery contractors, one of which was American Indian-owned, conspired to improperly obtain U.S. Government contracts that are restricted to Indian economic enterprises under the provisions of the Buy Indian Act. Specifically, we investigated to determine if the Indian-owned company subcontracted 100 percent of contract performance to the non-Indian-owned company. We found that the Indian-owned company was awarded approximately 17 contracts, with a combined value of about $350,000, under the Buy Indian Act. We also found that though the Indian-owned company received approximately 51 percent of the net profit, it had little or no involvement with the actual performance of the propane supply contract: the non-Indian contractor provided all the fuel and made all the physical deliveries, thus violating the Buy Indian Act.

A Tribe Acted Within Its Authority by Removing BIE Funds From Account of Tribally Controlled School (October 24, 2018)
The OIG investigated allegations that a tribe had improperly removed funds from the bank account of a tribally controlled school funded by the BIE. We investigated whether the tribe exceeded its authority in removing the funds and whether any of the funds had been stolen. We found that the tribe did not exceed its authority by removing the funds and that no funds had been stolen. We found that the tribe removed the funds as part of an effort to spend down a $3 million surplus that had accumulated in the school’s account over several years.

Alleged Favoritism and Misconduct by BIA Supervisor (February 6, 2019)
The OIG investigated anonymous complaints that a BIA supervisor showed favoritism toward employees with whom she had personal relationships and allegedly made unwelcome and offensive comments of a sexual nature in the workplace. The complainant also alleged that the supervisor falsified time and attendance records.

We found insufficient evidence to conclude that the BIA supervisor showed favoritism toward any employee or made unwelcome and offensive comments to subordinates. We also did not find any evidence that the supervisor falsified time and attendance records.

OST Employee Attempted To Conceal Purchase of Tribal Land (October 17, 2018)
The OIG investigated allegations that an Office of the Special Trustee for American Indians (OST) employee and a tribal member agreed to disguise the purchase of tribal land as a gift conveyance from the tribal member. We also investigated allegations that the OST employee attempted to add allotments to the transaction without the tribal member’s knowledge and that a BIA employee forged the tribal member’s name on BIA documents filed in connection with the gift conveyance.

We confirmed the OST employee and the tribal member agreed to disguise the sale of ownership interests in multiple allotments as a gift conveyance to the OST employee’s minor son. The OST employee paid the tribal member $2,700, but the tribal member canceled the transaction before it was executed. We did not find evidence that the OST employee altered the agreements to add allotments or that the BIA employee forged any documents.

Thank you, @HaskellU #AlaskaNative Student Dance & Drum Group, for the very special welcome for @ASIndianAffairs Sweeney at the 2019 Haskell Indian Nations University Commencement Ceremony.#OnwardHaskell pic.twitter.com/PgpdmX6fGd

— Indian Affairs (@USIndianAffairs) May 10, 2019

Additional OIG audits, inspections and evaluations of interest include:

2017-ER-018
Indian Affairs Offices’ Poor Recordkeeping and Coordination Threaten Impact of Tiwahe Initiative (09/28/2018)

2016-CR-036
Stronger Internal Controls Needed Over Indian Affairs Loan Guarantee Program (11/09/2017)

2016-ITA-021
Information Technology Security Weaknesses at a Core Data Center Could Expose Sensitive Data (02/15/2017)

2017-WR-024
The Bureau of Indian Education Is Not Ensuring That Background Checks at Indian Education Facilities Are Complete (02/08/2018)

C-EV-BIE-0023-2014
Condition of Indian School Facilities (09/30/2016)

C-IS-BIE-0023-2014-A
Condition of Bureau of Indian Affairs Facilities at the Pine Hill Boarding School (01/11/2016)

CR-EV-BIA-0002-2013
BIA Needs Sweeping Changes to Manage the Osage Nation’s Energy Resources (10/20/2014)
Better Use: $97,000

NM-EV-BIE-0003-2008
School Violence Prevention (02/03/2010)

2016-CG-030
Audit of Incurred Costs of Contract Associated with Public Voucher No. PV08C55091 Between the Bureau of Indian Affairs and the Chippewa Cree Tribe (08/28/2017)
Questioned Costs: $2,000,000

2016-FIN-075
Audit of Agreement No. A13AP00009 Between the Bureau of Indian Affairs and the Chippewa Cree Tribe (08/21/2017)
Questioned Costs: $1,503,191

2017-FIN-041
Audit of Agreement No. A13AP00043 Between the Bureau of Indian Affairs and the Crow Tribe (06/21/2018)
Questioned Costs: $14,492,813

2017-FIN-042
The Wind River Tribes Misapplied Federal Funds for the Tribal Transportation Program (07/12/2018)
Questioned Costs: $6,194,167

2017-FIN-065
The Blackfeet Tribe Generally Complied with Bureau of Indian Affairs Agreements (09/28/2018)
Better Use: $50,366

2017-FIN-039
Audit of the Bureau of Indian Affairs’ Agreement No. A12AV01171 with the Crow Tribe on the Methamphetamine Initiative Program (12/11/2018)
Entire Claim of $150,000 Questioned

Separately, the Special Trustee for American Indians was the subject of these completed reports:

2018-FIN-036
Independent Auditors’ Reports on the Tribal and Other Trust Funds and Individual Indian Monies Trust Funds Statements for Fiscal Years 2018 and 2017 (11/09/2018)

2016-ITA-062
Independent Auditors’ Performance Audit Report on the U.S. Department of the Interior Federal Information Security Management Act for Fiscal Year 2016 (03/10/2017)

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The semi-annual report was presented to Congress by Deputy Inspector General Mary Kendall, who noted that she has retired from the Department of the Interior following a botched attempt by the Trump administration to replace her with a political pick of its own choosing. She will be serving in a similar watchdog role for Amtrak, the government-owned transportation corporation.

"Our dedicated workforce, made up of auditors, investigators, attorneys, analysts, and various support staff, contributed to our successful efforts to promote excellence, integrity, and accountability within the programs, operations, and management of the U.S. Department of the Interior," Kendall wrote in a signed message in the report. "The impact of our work can be seen through greater financial accountability and transparency at the department."

The report focused on completed actions. It notably does not include the results of an investigation Kendall opened into former Secretary of the Interior Ryan Zinke in connection with his handling of a stalled tribal gaming development in Connecticut.

Zinke announced his resignation last December, with Indianz.Com reporting at the time that his behaviors were the subject of a federal grand jury inquiry. The Washington Post subsequently confirmed the existence of the criminal probe. No charges, however, have been publicly disclosed.

As part of the internal inquiry, Zinke submitted himself to interviews with the OIG. So did leaders of the Mashantucket Pequot Tribal Nation and the Mohegan Tribe, as well as the then-governor of Connecticut.

The interviews included questions about a meeting Zinke held with Mashantucket and Mohegan leaders in June 2017. The former Connecticut governor was also present.

According to multiple sources, Zinke told the tribes that he was going to approve their gaming agreements with Connecticut, in order for them to proceed with a new establishment in the state. The meeting took place on Mohegan homelands, at the same time as the mid-year conference of the National Congress of American Indians.

Indianz learned from multiple sources of a grand jury that was looking into Ryan Zinke's activities at the department. After he learned of possible action against him on Friday, he chose to resign, according to the sources.

— indianz.com (@indianz) December 15, 2018

During the conference, Zinke was honored for his integrity as a veteran of the U.S. armed forces. Once back in Washington, D.C., however, he failed to follow through on his pledge to the tribes, for reasons that remain unexplained almost two years later.

Only after the Mashantuckets won a decision which allowed them to proceed with a lawsuit in federal court did the Trump administration finally settle the dispute by approving the tribe's agreement in March. The Mohegans had won approval of their agreement in June 2017 -- no explanation was provided for the delay either.

Whether or not Zinke was honest about his dealings with the tribes remains an unanswered question. OIG employees are considered federal investigators and lying to them is considered a federal crime.

President Donald Trump has since nominated Mark Greenblatt to serve as Inspector General of the Department of the Interior. A confirmation hearing took place on May 2.

"We are going to do our investigations in a fair, objective, independent way," Greenblat told the Senate Energy and Natural Resources Committee. "We’re going to follow the evidence wherever it goes, we’re going to do thorough exhaustive investigations and we will close them when they’re closed.”

The committee subsequently advanced Greenblatt's nomination at business meeting on May 21. If confirmed by the full U.S. Senate, he would be the first permanent Inspector General of the Department of the Interior in 10 years.

"The department should not be run by acting officials. Our laws and our Constitution require Senate confirmation of its principal officers," said Sen. Joe Manchin (D-West Virginia), the top Democrat on the committee.

April 2019 Semiannual Report to Congress (May 31, 2019)

October 2018 Semiannual Report to Congress (November 30, 2018)

April 2018 Semiannual Report to Congress (May 29, 2018)

October 2017 Semiannual Report to Congress (November 27, 2017)