indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Dynamic Homes
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
Inouye criticizes attempts to change trust relationship
Wednesday, March 3, 2004

Tribes should be wary of proposals that aim to redefine the federal government's trust responsibilities, a leading Indian Country advocate said last week.

In a speech to the National Congress of American Indians, Sen. Daniel Inouye (D-Hawaii) warned of a "very fancy deal" being advanced by the Bush administration. "When you hear it for the first time you're gonna say, 'My that's great,'" he said.

Inouye, who is stepping down as vice-chairman of the Senate Indian Affairs Committee later this year, was referring to efforts to develop individual agreements for every tribe. He said it was natural for every sovereign tribe to think of its relationship with the federal government as unique.

"You're proud of your sovereignty," he told tribal leaders. "Why not have the U.S. government have 556 separate agreements?"

But he said the the proposal would create inequities in Indian Country. Tribes with great resources would hire lobbyists and lawyers to create the best deal for them, he said, leaving behind others that are not so fortunate.

"But they are your brothers and sisters, and they have no resources to hire these expensive lawyers to negotiate for them," Inouye said.

The World War II combat veteran and third senior-most member in the Senate also warned that the government would engage in a divide-and-conquer strategy. He said officials would "pick the weakest tribe, run all over them and make a deal with them. And that will be the standard for the rest of Indian Country."

"Now if they dealt with the most powerful and the wealthiest Indian nation and came up with one agreement that's good, then they can make that the standard for everyone else," he continued. "But you know very well it's not going to happen that way. Your people have dealt with the government of the U.S. long enough."

"Watch out for that one. It sounds good but it's got a lot of danger in that," he concluded.

The proposal has come up as Congress debates how to fix the trust system but also for the federal recognition of various tribes and Native Hawaiians. In testimony to Congress, government officials, Interior Secretary Gale Norton, have said a so-called "trust instrument" would clarify the federal government's responsibilities to a particular tribe, as well as address other issues including jurisdiction, taxation and land use.

The idea has its roots in something tribal leaders advanced during talks with federal officials in 2002. At the time, tribes sought a "restatement" of the trust responsibility in order to clarify questions that arose in two U.S. Supreme Court cases.

But the tribal proposal differed in a significant ways from what is now being advanced by the administration. Tribes based their idea on the common law of trust that has been affirmed in various court decisions, including one of the Supreme Court cases at issue. Tribes also envisioned a single standard.

In contrast, government officials say they will only look to the common law if nothing else exists. A trust instrument for each tribe, if successful, would end up supplanting the common law.

The restatement proposal was the breaking point in talks between tribes and the government. Administration officials, particularly those at the Department of Justice, rejected it because tribes sought to make all the trust duties legally enforceable.

During the Clinton administration, the Department of Interior developed a set of trust principles based on the common law. But none are encoded in law.

The extent of the government's trust duties will heat up again this year as the Bush administration turns to Congress for help in resolving the Cobell lawsuit over Individual Indian Money (IIM) accounts. In budget documents and in public statements, Interior officials say Congress will have to fashion a solution because a federal judge has ordered an accounting of IIM assets that they claim will cost upwards of $12 billionn.

Over the objections of the Cobell plaintiffs, tribes and a number of lawmakers, Republicans inserted a provision to delay the accounting. The "time out" will expire by the end of this year.

The plaintiffs and Interior officials are currently in talks about potential mediation of the long-running case.

Relevant Links:
Indian Trust: Cobell v. Norton - http://www.indiantrust.com
Indian Trust, Department of Interior - http://www.doi.gov/indiantrust

Related Stories:
Editorial: Reform DOI, not the trust responsibility (11/26)
Tribes and Bush administration still apart on trust (11/20)
GOP votes in House beat challenges to trust fund rider (10/31)
Court opens window for Navajo Nation trust suit (10/27)
Judge advances suit over royalty mismanagement (10/03)
Osage Nation trust suit survives first test (07/31)
Court opens window for Navajo Nation trust suit (10/27)
Cobell sees positive in Supreme Court rulings (03/17)
Effects of Supreme Court decision debated (03/07)
Supreme Court upholds common law trust claim (3/5)
High court ruling makes 'passive' trustee of U.S. (3/5)
A mixed bag for Indian trust (3/5)
Swimmer can't recall Navajo involvement (02/13)
Panel predicts Apache victory (12/4)

Copyright 2000-2004 Indianz.Com
More headlines...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Oglala Sioux Tribe battles uranium mine (4/18)
Clara Caufield: BIA audits Northern Cheyenne police force (4/18)
10th Circuit affirms conviction for murder of Arapaho man (4/18)
Jay Daniels: Cobell settlement was flawed from beginning (4/18)
Dwanna Robertson: Muscogee Nation returns to homeland (4/18)
Peter d'Errico: Washington team makes colonial invasion (4/18)
Northern Arapaho Tribe receives $157M trust settlement (4/18)
Agua Caliente Band leaseholders seek $7M in tax refunds (4/18)
Oneida Nation sends $11M to county as part of settlement (4/18)
JPR: Klamath Tribes want Congress to approve water deal (4/18)
Judge dismisses Mashpee Wampanoag Tribe election suit (4/18)
ASU News: Navajo students enjoy learning their language (4/18)
Former NFL player jailed for DUI on Salt River Reservation (4/18)
BIA advances off-reservation casino projects in California (4/18)
Tunica-Biloxi Tribe reportedly operating casino at net loss (4/18)
Cherokee Nation to break ground on new hotel with casino (4/18)
Shoshone-Bannock Tribes not planing to offer poker games (4/18)
Arizona tribes close to $1B mark in gaming revenue sharing (4/18)
Group opposes Catawba Nation casino bid in North Carolina (4/18)
Native Sun News: Guilty verdict in death of Lower Brule boy (4/17)
Native Sun News: Paper brings home four first place awards (4/17)
Doug George-Kanentiio: Governor carries on divisive tactics (4/17)
Navajo president criticizes NIGA for withdrawing from event (4/17)
Crystal Willcuts: NFL trickster speaks with a crooked tongue (4/17)
Opinion: NFL team owner flashes money to defend racial slur (4/17)
Ten reservations account for biggest share of Cobell buyback (4/17)
Rosebud Sioux Tribe opposes megaloads through reservation (4/17)
Indian artists seek more control over popular annual market (4/17)
Panel to look into death of pregnant Indian woman in Mexico (4/17)
Lynn Valbuena returns to chairman post at San Manuel Band (4/17)
Yale University museum accused of stealing Tlingit artifacts (4/17)
Navajo Nation Council speaker still on leave amid court fight (4/17)
BIA asked to invalidate Shinnecock Nation's new constitution (4/17)
Onondaga Nation is negotiations over tobacco taxation issue (4/17)
Sen. Warren addresses Native American controversy in book (4/17)
Race relations council looking to boost efforts in border town (4/17)
Opinion: Federal recognition for Virginia tribes long overdue (4/17)
Opinion: University must eventually eliminate Ute nickname (4/17)
Appeals court in Canada rules for Metis in Indian status caes (4/17)
9th Circuit hears dispute over Redding Rancheria gaming site (4/17)
Coeur d'Alene Tribe set to launch new poker games on May 2 (4/17)
Judge hears arguments in lawsuit against Jamul Band casino (4/17)
Opinion: Poarch Creeks qualify for Class III gaming in Florida (4/17)
Opinion: Gaming interests prepare for next attack on Florida (4/17)
Native Sun News: Little Shell Tribe gets closer to recognition (4/16)
Native Sun News: Pine Ridge fighter prepares for next match (4/16)
Letter from Cobell attorneys on second settlement payment (4/16)
Cobell settlement administrator responds to payment delay (4/16)
Secretary Jewell to deliver commencement address at SIPI (4/16)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | 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.