indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Native American Bank - Native people investing in Native communities
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...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Trump boasts about approvals for Dakota Access and Keystone XL (3/28)
Standing Rock Sioux Tribe acknowledges 'setback' in pipeline war (3/28)
Cheyenne River Sioux Tribe continues to battle pipeline in court (3/28)
Judge orders removal of gas pipeline on Indian land in Oklahoma (3/28)
Stockbridge-Munsee leader delivers tribal address in Wisconsin (3/28)
Doug George-Kanentiio: Peacemaking in the era of Donald Trump (3/28)
Native Sun News Today: Trump purge fails to affect South Dakota (3/28)
Victor Swallow: When the Air Force bomber crashed at Pine Ridge (3/28)
Charles Kader: Courts close their doors to unrecognized groups (3/28)
Whiteclay liquor licenses under review amid outcry in Nebraska (3/28)
Cowlitz Tribe brings Michael Jordan's Steakhouse to new casino (3/28)
Sycuan Band starts work on $226M expansion of gaming facility (3/28)
Seminole Tribe accuses state of breaking gaming compact again (3/28)
Colville Tribes hail 'historic victory' on aboriginal hunting rights (3/27)
Dakota Access confirms pipeline about to go into service with oil (3/27)
Senate Committee on Indian Affairs considers new round of bills (3/27)
Witness list for hearing on diabetes prevention and Native youth (3/27)
Tim Giago: There's a smell of treason in the air in nation's capital (3/27)
Mark Trahant: The fight ahead for the future of Indian health care (3/27)
Bill John Baker: Woman play important roles in Cherokee Nation (3/27)
Brian Lightfoot Brown: One last victory for the Narragansett Tribe (3/27)
Native Sun News Today: Oglala Sioux Tribe questions loss of funds (3/27)
James Giago Davies: Troubled times are coming to Lakota country (3/27)
Sarah Van Gelder: Huge bank divests from Dakota Access Pipeline (3/27)
Cronkite News: Navajo Nation hails decision on aging power plant (3/27)
Tiffany Midge: There's a happy ending for Standing Rock out there (3/27)
Steven Newcomb: Getting to the true meaning of our sovereignty (3/27)
Steve Russell: Losing our status as 'domestic dependent nations' (3/27)
Mona Evans: Creek Nation fails to support Indian Child Welfare Act (3/27)
Oklahoma Democrats hire LaRenda Morgan as first Native liaison (3/27)
Chukchansi Tribe fires back at gaming firm seeking $21M in court (3/27)
Tribes mount another fight after Trump approves another pipeline (3/24)
Native Sun News Today: Navajo elders continue long fight on land (3/24)
Editorial: Just another day of trying to keep up with the Trumps (3/24)
Elizabeth LaPensée: Video games encourage indigenous culture (3/24)
Mary Annette Pember: Native women work with youth offenders (3/24)
Tiffany Midge: Trump continues to conjure hero Andrew Jackson (3/24)
John Kane: Seneca Nation money train coming to end in New York (3/24)
Grand Ronde Tribes secure approval of school mascot agreement (3/24)
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.