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: Oglala Sioux Tribe heads to election season (10/23)
Al Caroll: Recognize tribal sovereignty in new US Constitution (10/23)
Michael Baines: Senate candidate battles Alaska Native rights (10/23)
Ho-Chunk Nation woman named president of Girl Scouts board (10/23)
3rd Circuit won't force town to repatriate Jim Thorpe's remains (10/23)
Navajo Nation's top court orders new ballots without candidate (10/23)
Alaska Federation of Natives ready to open annual convention (10/23)
Alaska governor to sign Native languages bill six months later (10/23)
Rep. Don Young blames government 'largesse' for suicide rate (10/23)
Washington player says tattoo represents Cherokee heritage (10/23)
Opinion: Tribes exploit loopholes in America's political system (10/23)
Otoe-Missouria Tribe announces plans for new gaming facility (10/23)
Rival leaders of Chukchansi Tribe to meet amid casino closure (10/23)
Navajo Nation challenges lawsuit over death of casino patron (10/23)
Law Article: Judge restricts BIA authority in Class III dispute (10/23)
Column: Election won't end North Fork off-reservation casino (10/23)
Eyapaha Today: Oneida singer follows in mother's footsteps (10/22)
Native Sun News: Candidate seeks investigation into program (10/22)
Ivan Star Comes Out: Lakota people disrespect our language (10/22)
Cedric Sunray: Standing together to fight tribal disenrollment (10/22)
SCIA to hold listening session at NCAI on Indian education bill (10/22)
FNDI urges passage for Indian Teacher Loan Forgiveness Act (10/22)
Chumash Tribe praises BIA movement on land-into-trust bid (10/22)
Steven Newcomb: The role of Latin in empire and colonization (10/22)
Christopher Chavis: Navajo court got it wrong in fluency case (10/22)
Navajo Nation presidential hopeful to be removed from ballot (10/22)
Aging BIA school on Navajo Nation awaits replacement funds (10/22)
Review: NMAI treaties exhibit underscores misunderstandings (10/22)
Alaska Native elders and youth share issues at annual meeting (10/22)
Shinnecock Nation allows felons to hold office in certain cases (10/22)
2nd Circuit hears appeal from former chairman of Pequot Tribe (10/22)
Rep. Don Young criticized for comments to high school students (10/22)
Candidates differ on Spokane Tribe's off-reservation casino bid (10/22)
Poarch Creeks to add hotel to casino with $65M expansion plan (10/22)
Salt River Tribe concerned about Tohono O'odham Nation casino (10/22)
North Fork Rancheria blames rival tribes for holding up compact (10/22)
Ballot proposal authorizes more Class III games in South Dakota (10/22)
Blog: Predictions for gaming with Hillary Clinton in White House (10/22)
Native Sun News: Activists take annual swim to Alcatraz Island (10/21)
Mark Trahant: Alaska Natives ready for conference and election (10/21)
BIA announces consultations for secretarial election regulation (10/21)
Chelsey Luger & Gyasi Ross: From slow suicide to slow healing (10/21)
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.