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
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
Tribes back improvements in probate reform bill
Thursday, October 16, 2003

Congress has one last chance to reform how Indian land is inherited before the system descends into complete chaos, a Bureau of Indian Affairs official warned on Wednesday.

Past efforts to change the probate process have failed, the director for BIA's Western Region said. Wayne Nordwall, a career bureaucrat, told the Senate Committee on Indian Affairs that Indian land will become worthless unless Congress acts now.

"I don't think we have another opportunity to fix this problem," Nordwall testified.

According to Nordwall, the BIA can't keep up with the increasing fractionation of Indian allotments. As land is passed onto successive generations, the problem grows more complex. He cited a 40-acre tract with 505 owners that costs the BIA more to manage than it is reportedly worth.

"If we don't fix it at this point, within eight or 10 years this is going to become de facto communal land," Nordwall said. "On any given day, no one is going to know who owns the property."

The testimony came on a bill that would create a uniform probate code for Indian Country. Federal officials and tribal organizations back a single standard in order to stem fractionation and make the system easier to understand. Currently, Indian allottees are subject to more than 30 state probate laws.

The sides differ on the exact details of the code and how the process should be carried out. The Bush administration is lobbying for changes that would give the Department of Interior greater authority to take unclaimed property, partition Indian lands, close Individual Indian Money (IIM) accounts and consolidate ownership.

"Everybody won't be happy" with the changes, Nordwall admitted yesterday. Previous proposals have been so "watered down" by Indian Country that they have had little impact, he said.

Tribal leaders are pushing for a bill that would strengthen their sovereignty. D. Fred Matt, chairman of the Confederated Salish and Kootenai Tribes of Montana, called for provisions to allow probates to be processed by tribal courts, not the BIA, and said tribes, not the BIA, should have a first right to purchase fractionated parcels.

Other tribal witnesses joined Matt in calling for a clearer definition of "Indian" that would strengthen the federal government's trust responsibilities. The definition contained in the 2000 version of the Indian Land Consolidation Act (ILCA) is so restrictive that the BIA has fewer beneficiaries to worry about.

Maurice Lyons, chairman of the Morongo Band of Mission Indians of California, said his own relatives would not be allowed to inherit land unless the definition is changed. "We should not be forced to amend our membership criteria in order to protect the right of our children to inherit family lands," he told the committee.

The latest version of the American Indian Probate Reform Act of 2003 includes a definition that satisfied tribes. Lisa Oshiro of the California Indian Legal Services and Austin Nunez of the Indian Land Working Group said it would protect the rights of landowners.

The tribal witnesses urged the committee to act soon but for different reasons than the BIA. They fear the BIA will certify the 2000 act and cut off thousands of Indians unless the changes are made into law.

The restrictive definition has "generated fear among our membership" Matt testified. He said landowners on the Flathead Reservation are willing to take their land out of trust just so they can pass it onto the family members of their choosing.

Yesterday's hearing was cut short by Sen. Ben Nighthorse Campbell (R-Colo.), who had a tight schedule to keep. For that reason, many of the complaints that have been raised by tribes were not aired during the 40-minute proceeding.

But Oshiro and Nunez both said their organizations were happy with the changes that tribes have helped draft in the past few months. Nunez's written testimony documented some ongoing concerns with provisions for which tribes have not developed consensus.

On Tuesday, Campbell introduced the latest changes as S.1721. It follows a draft his staff released last week.

S.1721 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.

Last year, some tribal organizations launched an 11th hour attempt to pass an earlier version of the ILCA amendments that included a new status of land called "passive trust." S.1721 does not include the concept.

Relevant Documents:
Witness List (October 15, 2003)

Get the Bill:
S.1721 | 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:
Panel debating reform bill a third time (10/15)
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...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Great Plains tribes call for full contract funds (7/23)
Native Sun News: Candidate wants Obama to meet with tribes (7/23)
Audio: Senate Committee on Indian Affairs hearing on gaming (7/23)
President Obama nominates Jonodev Chaudhuri to lead NIGC (7/23)
Class III compact for Swinomish Tribe lowers legal age to 18 (7/23)
Navajo Nation officials seek meeting in response to murders (7/23)
Larry Spotted Crow Mann: Thank Indian veterans for America (7/23)
Fond du Lac Band tries to uncover cause of foodborne illness (7/23)
Man in Alabama honors Yuchi ancestor with unique memorial (7/23)
Shivwits Band sees early success with gas station and store (7/23)
Seminole Tribe launches marketing campaign for juice brand (7/23)
Mohegan Tribe breaks ground on first of 15 chain restaurants (7/23)
Water bottling plant provides usage reports to Morongo Band (7/23)
WBUR: Tribes rebury one of their ancient relatives in Montana (7/23)
KPLU: Quileute Tribe welcomes man who was rescued in 2010 (7/23)
Unsettled: Free speech costs dearly at Passamaquoddy Tribe (7/23)
MSU News: Online Native studies courses open to registration (7/23)
Opinion: Connecticut tribe deserves a 2nd shot at recognition (7/23)
Ernie Stevens joins American Gaming Association Hall of Fame (7/23)
Employees at Graton Rancheria casino vote to join labor union (7/23)
Sandia Pueblo undertakes first major casino expansion project (7/23)
Mohegan Tribe's poll points to preference for casino in Catskills (7/23)
Native Sun News: Lakota War Path team wins world relay title (7/22)
Raina Thiele: Native youth participate in My Brother's Keeper (7/22)
Senate Committee on Indian Affairs looks into tribal gaming (7/22)
NIGC reports 'stable' growth in $28B tribal gaming industry (7/22)
Bail set at $5M for teens accused of murdering Navajo men (7/22)
Gyasi Ross: Indigenous children at border need to be heard (7/22)
Donna Ennis: Open border to indigenous sisters and children (7/22)
Jay Daniels: Land consolidation program isn't really working (7/22)
Mark Rogers: Reality of being an invisible Indian in New York (7/22)
Center: Report outlines harmful effects of 'Indian' mascots (7/22)
Yurok Tribe combats illegal marijuana farms on reservation (7/22)
County drops opposition to CSKT land-into-trust application (7/22)
Native youth hospitalized after being shot by police officer (7/22)
University of California welcomes Native youth to campus (7/22)
Unsettled: Questions linger on Passamaquoddy leadership (7/22)
WCAI: Mashpee Wampanoag Tribe won't join Plymouth 400 (7/22)
Opinion: Oglala Sioux Tribe could benefit from new currency (7/22)
Al Jazeera: Organization celebrates Black-Indian heritages (7/22)
First Nations leader in Manitoba faces scrutiny on spending (7/22)
Members of remote tribe receive care before heading home (7/22)
Coeur d'Alene Tribe axes Ted Nugent at casino over racism (7/22)
Menominee Nation outlines need for off-reservation casino (7/22)
Wyandotte Nation off-reservation casino lawsuit dismissed (7/22)
Editorial: Progress on Tohono O'odham Nation gaming plan (7/22)
Tim Giago: Treat alcoholism and drug addictions as diseases (7/21)
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.