indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Indian Law Online Master Degree
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
McCain and Dorgan introduce trust reform legislation
Thursday, July 21, 2005

Sens. John McCain (R-Arizona) and Byron Dorgan (D-North Dakota), the chairman and vice chairman of the Senate Indian Affairs Committee introduced a comprehensive trust reform bill on Wednesday. Here is a title by title explanation of S.1439, the Indian Trust Reform Act of 2005.

Title I
This section would provide a mechanism to settle the Cobell v. Norton trust fund lawsuit. It doesn't provide a dollar amount but says the settlement fund would be distributed by the Department of Treasury and a Special Master, appointed by Treasury.

The fund will be distributed in two ways. First, a portion would be distributed equally to every Individual Indian Money (IIM) beneficiary. Then, each account holder would receive money based on the type of activity that occurred on his or her land.

A portion of the fund would also be used for attorneys fees, administrating the settlement and for successful court challenges by individual Indians who dispute their settlement amounts.

Title II
This section creates an Indian Trust Asset Management Policy Review Commission of 12 members to review all current trust resource management laws and the Interior Department's trust resource management practices. The commission would then submit a report to Congress with recommendations for improving trust asset management.

Title III
This section creates an eight-year Indian Trust Resource Management Demonstration Project. Tribes would be able to negotiate their own management plans with the Interior Department in accordance with the federal trust responsibility and certain standards.

Title IV
This section allows the Interior Department "to offer more than fair market value" for fractional interests. It allows the department to "settle any and all mismanagement claims" associated with the land. However, the settlement is not mandatory.

This section also allows the department to make offers for "extremely fractionated land" parcels through the mail. If a landowner doesn't respond within 90 days, the offer will be deemed accepted.

Title V
This section creates a new Under Secretary for Indian Affairs at the Interior Department. The under secretary would assume control over the Bureau of Indian Affairs and the Office of the Special Trustee for American Indians. But OST would be "abolished" by December 31, 2008, and a new Office of Trust Reform Implementation and Oversight would be created.

The section makes sure that Indian preference will apply to the new under secretary's office.

Title VI
This section requires the Government Accountability Office to perform a yearly audit of the Individual Indian Money (IIM) trust and each individual tribal trust account.

McCain's statement to the Senate floor cited the "regrettable" management of the Indian trust. He said the Cobell case, filed in 1996, has shown "that the United States has not lived up to its duty as a fiduciary to the thousands of Indian beneficiaries of IIM accounts."

In his statement, Dorgan said the bill is not "perfect." "Rather, it is intended to be a starting point for substantive and productive dialogue between the parties," he said.

Tex Hall, the president of the National Congress of American Indians, said the bill "needs to go further." "There is an old saying amongst the elders in Hidatsa Country," he said. "It goes like this, 'Show me the money!' Today, all of Indian Country is asking the same question, 'where is the money?'"

Hall is scheduled to testify before the Senate committee's hearing on the bill next Tuesday, July 26.

Senate Documents:
John McCain Statement | Byron Dorgan Statement | Full Text of Bill as Introduced

Relevant Documents:
Trust Reform and Cobell Settlement Workgroup Principles for Legislation (June 2005)

Related Story:
Federal official: Native trust fund accounts vulnerable (The Lincoln Journal Star 7/21)

Relevant Links:
Indian Trust: Cobell v. Norton - http://www.indiantrust.com
Cobell v. Norton, Department of Justice - http://www.usdoj.gov/civil/cases/cobell/index.htm
National Congress of American Indians - http://www.ncai.org
Intertribal Trust Fund Monitoring Association - http://www.itmatrustfunds.org

Related Stories:
Opinion: Keep open mind on Cobell settlement (7/19)
McCain plans hearing on Cobell settlement, reform (7/14)
Judge blasts Interior on handling of trust (7/13)
Elouise Cobell: Principles put trust back into trust fund (07/07)
Cobell and Cason to appear on C-SPAN program (7/6)
Cobell calls for settlement of trust fund lawsuit (7/5)
Editorial: Resolution of trust fund debacle needed (7/5)
Editorial: Abramoff scandal can't compare to trust (6/30)
Opinion: Downfall of Indians traced to Army, BIA (6/28)
Pombo supports settlement of Cobell trust fund case (6/27)
Harjo: Tribes lobby to fleece their own people (6/24)
Editorial: Congress should settle trust fund (6/24)
Editorial: Trust fund a 'national embarassment' (6/22)
Indian Country united on trust reform solutions (6/21)
Trust workgroup to outline Cobell settlement goals (6/17)
Echohawk optimistic on settlement of Cobell case (06/03)
Final trust reform meeting held in North Dakota (6/3)
UTTC hosts meeting on trust reform legislation (6/1)
House panel acts to restore Bush budget cuts (05/05)
NCAI and ITMA hold second trust reform meeting (05/04)
Bush administration won't give up fight on Cobell (03/18)
McCain weighs GAO probe of Indian trust debacle (03/10)
McCain lays out Indian agenda for 109th Congress (3/7)
Norton won't testify on trust fund retaliation (2/28)
Bush official won't accept claims of trust mismanagement (02/17)
Appeals court won't hold back Lamberth on trust reform (12/13)
Appeals court supports Lamberth's authority on IT (12/06)
Lamberth critical of Norton's 'bad faith' on trust fund (10/25)
Interior denies attempt to halt trust fund payments (10/05)
Bush administration challenges trust fund ruling (09/16)
Appeals court takes on Cobell trust fund case (9/15)
Lamberth exchanges harsh words with Cobell critic (08/02)
Bush administration calls for end to Cobell case (04/09)
Cobell trust fund suit mediators announced (4/6)
DOI's Internet connection shut down for third time (03/16)
Lamberth defends special master against attack (03/16)
Anderson praises Cobell suit in NCAI speech (2/25)
Tribes still frustrated on trust reform (11/20)
Bush officials blasted by tribal leaders (11/19)
Cobell plaintiffs disputing trust fund rider (11/17)
Daschle criticizes 'shameful' rider in DOI budget bill (11/04)
Norton welcomes time-out in Cobell trust fund case (11/4)
Bush official balks at large settlement for Cobell (7/10)

Copyright 2000-2005 Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Agency weighs uranium mine near sacred site (9/30)
Jim Abourezk: South Dakota tribes can put Rick Weiland in office (9/30)
Cherokee chief participated in live pigeon shoot for Sen. Inhofe (9/30)
Navajo vice president returns home after near fatal spider bite (9/30)
North Dakota tribe sees big problems as energy industry grows (9/30)
Andre Cramblit: Another year brings challenges for our people (9/30)
Jack Duran: State's 'shocking' attack on Big Lagoon Rancheria (9/30)
Navajo Nation Council to select a new leader after resignation (9/30)
Editorial: Long delayed trust fund settlement for Navajo Nation (9/30)
Keepseagle plaintiffs oppose use of $380M to create foundation (9/30)
Opinion: Working with New Mexico tribes to protect sacred sites (9/30)
Pueblo man chosen as chair of VA minority advisory committee (9/30)
Woman sues over fall at Fallon Paiute Shoshone Tribe business (9/30)
Seminole Tribe makes another attempt to join banking business (9/30)
Mohegan Tribe purchases more wood pellet production facilities (9/30)
Ponca Tribe takes down old headquarters and readies new home (9/30)
Native Mob gang leader sentenced to 43 years in federal prison (9/30)
Three indicted for murder of man from Northern Arapaho Tribe (9/30)
Rivals funded DC trips to oppose Tohono O'odham Nation casino (9/30)
American Gaming Association includes tribes in economic report (9/30)
Editorial: Vote yes to support North Fork Rancheria gaming deal (9/30)
Editorial: Florida shouldn't take a gamble with casino expansion (9/30)
Tim Giago: All Indian people ask is for America to honor treaties (9/29)
Native Sun News: Tribes take on IRS and win battle over taxation (9/29)
Mark Trahant: Indian vote could bring a surprise in South Dakota (9/29)
Tribal General Welfare Exclusion Act signed into law by Obama (9/29)
Obama signs law for settlement with Pyramid Lake Paiute Tribe (9/29)
Chelsey Luger and Gyasi Ross: Transforming the spirit of suicide (9/29)
Migizi Pensoneau: Behind the scenes at a Washington NFL game (9/29)
Donna Ennis: Ancestor starting asking about trust fund in 1900s (9/29)
Steven Newcomb: Indigenous conference yields power to states (9/29)
Kyle Mays: Rejecting narrowminded views of indigenous studies (9/29)
Brian Pierson: Tribal preference ruling strengthens sovereignty (9/29)
Thousands missing out on share of Cobell settlement payments (9/29)
Navajo presidential candidate in doubt over fluency in language (9/29)
Oneida Nation repeats history with women in top leadership jobs (9/29)
Al Jazeera: Tribes working together to restore bison to their land (9/29)
Indian Time: Oklahoma Indian museum expected to be big draw (9/29)
Column: Washington team should be worried about FCC petition (9/29)
Opinion: NMAI exhibit finally puts federal-tribal dealings to light (9/29)
Gun Lake Tribe hails new law that protects casino from litigation (9/29)
Former mayor remains hopeful on Los Coyotes Band casino bid (9/29)
Chumash Tribe awards $112M contract as part of casino project (9/29)
Documents show Seminole Tribe was close to new gaming deal (9/29)
Column: Taking a gamble in Louisiana - What's legal and illegal? (9/29)
Native Sun News: Tex Hall ousted in North Dakota tribal primary (9/26)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.