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
Dynamic Homes
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
Trust reform bill gets another hearing
Wednesday, October 15, 2003

The Senate Committee on Indian Affairs today is holding its third hearing in two years on a complex and somewhat controversial bill to reform how Indian land is inherited.

With some simple goals in mind, Sen. Ben Nighthorse Campbell (R-Colo.), the chairman of the committee, has brought together a coalition of federal and tribal interests. But finding a way to reduce fractionation of Indian lands, while at the same time protecting the rights of tribal members and tribal governments, has proven a tough task.

The heart of the American Indian Probate Reform Act of 2003 is the creation of a uniform probate code. The Bush administration and tribal leaders agree that a single standard will eliminate bureaucratic hurdles and make the process simpler to understand. Currently, Indian allottees are subject to more than 30 state probate laws, creating confusion and leading to disparate treatment.

Various drafts of S.550, however, have included proposals that have alarmed both the federal government and Indian Country. Chief among them is the creation of a new class of land called passive trust for those who have documented Indian ancestry but cannot meet the membership requirements of a tribe. The Department of Interior would have a lessened responsibility for land held in this status.

At a hearing in May, the BIA and several inter-tribal organizations testified against the passive trust concept. Today, the Indian Land Working Group will again criticize the proposal as "purely litigation-driven" and one that lets the trustee off the hook to the detriment of Indian beneficiaries.

A draft of the S.550 circulated by Campbell's staff last week drops the passive trust concept in favor of provisions that would enable lineal descendants and "family members" to inherit Indian land. But the draft adds a new section addressing unclaimed property. Tribal leaders rejected a similar proposal the Bush administration advanced last year as part of the failed tribal-federal task force on trust reform.

The section, which Campbell is considering adding to the bill, would allow the federal government to purchase land owned by beneficiaries whom they cannot locate. The BIA would be authorized to deposit the money in an "unclaimed property" trust account and would be allowed to use the interest off the account to pay for the "administrative costs" of managing the Indian trust.

Some tribes support a reasonable unclaimed property program. But they say the BIA must make a genuine effort to obtain current information about Indian beneficiaries. The new section would require the BIA to post public notice before purchasing property. The BIA would have the option to sell the property to a tribe.

The draft circulated last week also included provisions to allow the "partitionment" of Indian allotments. The BIA would be allowed to sell partitions of "highly fractionated" lands if requested by a tribe or a landowner.

Partitionment would reduce fractionation of a single parcel by removing particular sections. But in the past, it has led to a widespread loss of Indian-owned lands, particularly in eastern Oklahoma.

In 2000, Congress passed amendments to the Indian Land Consolidation Act (ILCA) that tribal leaders say has led to widespread fear among landowners. The definition of "Indian" in the amendments prohibits lineal descendants with Indian blood but who aren't enrolled from inheriting land.

Due to numerous complaints, BIA hasn't "certified" the 2000 amendments. In May, a BIA official warned that Secretary Gale Norton would do that if the probate reform bill can't be passed by Congress this year or the next.

S.550 would again amends ILCA, which was first passed in 1983. The U.S. Supreme Court has struck down certain provisions of the law as unconstitutional because it allowed the BIA to consolidate Indian land without just compensation.

Today's hearing starts at 10 a.m. A live video feed can be accessed at http://indian.senate.gov.

Relevant Documents:
Witness List (October 15, 2003)

Get the Bill:
New S.550 Draft | S.550 As Introduced

Relevant Links:
Trust Reform, NCAI - http://www.ncai.org/main/pages/
issues/other_issues/trust_reform.asp

Office of Special Trustee - http://www.ost.doi.gov
Indian Trust: Cobell v. Norton - http://www.indiantrust.com

Related Stories:
Senate panel to hold hearing on probate bill (10/14)
Tribes focus energies on 'core' trust reform issues (05/30)
On fractionation, little progress in decades (05/09)
Indian land bill draws complaints from all sides (05/08)
Congress tackles trust land reform bill (5/6)
Bush land program called inadequate (5/6)
Accounting of trust land pushed (5/6)
Judge upholds ongoing trust relationship (04/29)
Bush administration turns to Congress on trust (04/04)
Appropriators question historical accounting plan (03/13)
From BIA to BITAM to OST, Swimmer lands on top (01/16)
Passive trust faces test in new Congress (11/25)
Senate approves omnibus Indian package (11/21)
Bill offers 'extinguishment' of trust fund claims (11/06)
Legislation to create a 'passive' Indian trust (10/18)
Take a pass on passive Indian trust (10/18)
Trust reform legislation sidetracked (10/17)
Tribes enter 'new phase' in trust reform battle (10/03)
Sparks fly at trust reform meeting (9/27)
Here comes BITAM all over again (9/27)
Bush proposal to take 'unclaimed' Indian land (09/26)
Rift widens on trust reform negotiations (9/12)
Tribes scrap talks on trust standards (9/11)
Tribal leaders debate trust reform bill (05/23)
Interior considering a limited trust fund (3/15)



Copyright � 2000-2003 Indianz.Com
More headlines...

Latest Headlines:

Secretary Zinke removes protections for grizzlies over tribal objections
Court sets final deadline for remaining payments from Cobell settlement
Mary Annette Pember: Indian Child Welfare Act strengthens our families
Peter d'Errico: Navajo authors offer fresh perspective on sovereignty
Native woman was jailed and forced to ride with assailant during trial
Ute Mountain Ute Tribe challenges new permit for uranium operation
Montana tribes get new member of Congress who pleaded to assault
Connecticut tribes welcome court decision favoring new casino law
Pueblo tribes dispute state's demand for $40M in gaming revenues
Mashpee Wampanoag Tribe remains confident of approval of casino
Nooksack Tribe accepting slot tickets while casino remains closed
Key House committee under fire for moving slowly on tribal agenda
Tribes go it alone on climate change as Trump team shifts priorities
Bryan Newland: President Trump's budget threatens tribal treaties
Steve Russell: The GI Bill changed the United States for the better
Harold Monteau: Democrats lack proactive agenda, proactive strategy
St. Regis Mohawk Tribe orders 20 non-citizens to leave reservation
Wilton Rancheria accused of working too closely with city on casino
Witness list for hearing on bill to reform the Indian Health Service
Arne Vainio: What does the princess want to be when she grows up?
Doug George-Kanentiio: 'Spirit Game' brings Iroquois lacrosse to life
Cronkite News: Navajo activist vows fight against racist NFL mascot
Eric Hannel: Addressing the health care crisis among Native Americans
Bill for tribal regalia at graduation ceremonies advances in California
Ramapough Lunaape Nation wins reversal of ruling on prayer camp
Mashpee Wampanoag Tribe still waits on casino ruling from Trump team
Another former leader of Winnebago Tribe pleads in gaming theft case
Supreme Court ruling poses hurdle for opponents of racist NFL mascot
Change the Mascot campaign responds to negative Supreme Court ruling
Secretary Zinke set for another hearing on Interior Department budget
Mark Trahant: Republicans write health reform bill behind closed doors
Jeff Grubbe: Agua Caliente Band focuses on protecting our groundwater
Steven Newcomb: Asserting our traditions in the era of Donald Trump
Shasta Dazen: 'Family Spirit' program incorporates our tribal traditions
Secretary Zinke shuffles top Indian Affairs officials at Interior Department
Choctaw Nation travels to Ireland to dedicate 'Kindred Spirits' sculpture
Nooksack Tribe closes doors to casino after being hit with federal order
Muscogee Nation asserts authority at allotment where casino was proposed
Mark Trahant: Dakota Access decision offers a chance to return to respect
Cheyenne River Sioux Tribe hails 'victory' in Dakota Access Pipeline case
Nooksack Tribe told to close casino amid leadership and citizenship feud
Kristi Noem: Enough is enough - It's time to fix the Indian Health Service
Second hearing scheduled on bill to reform the Indian Health Service
Trump nominee for appeals court seen as favorable to tribal interests
Terese Mailhot: We don't tell Native women how brilliant they really are
Indian Country cheers as judge orders review of Dakota Access Pipeline
Jacqueline Keeler: Connecting the Dakota Access Pipeline to history
Cronkite News: Tribes win decision in water rights dispute in Arizona
Secretary Zinke rejects complaints about consultation and Bears Ears
Senate Committee on Indian Affairs approves two bills at meeting
Embattled Indian Health Service hospital losing top executive again
Connecticut tribes heap praise on senior Trump administration official
Gabe Galanda: Tribal 'membership' rules strip away at sovereignty
Swinomish Tribe still pursuing lawsuit against oil trains on reservation
Eastern Band of Cherokee Indians unveil biking and hiking trail system
>>> 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.