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
Congress debates resolution of trust fund case
Thursday, October 30, 2003

The head of the Senate Indian Affairs Committee warned on Wednesday that impatient lawmakers will take control of the Indian trust fund lawsuit unless a resolution is developed soon.

Sen. Ben Nighthorse Campbell (R-Colo.) said he wasn't happy with an appropriations rider that delays a court-ordered accounting of at least $13 billion in Indian funds. But he said it gave the plaintiffs in the case and the federal government time to work towards a settlement.

"We have to find a solution or it's just simply going to be taken away from us," he told attendees of a hearing.

Campbell also said he was concerned that the Bush administration is behind legislative efforts to terminate the case. For two years in a row, the Department of Interior's budget bill has contained riders targeting the seven-year-old class action, which represents more than 500,000 American Indian account holders.

"I got the feeling that, very frankly, part of this was driven by the administration," he observed. "Is it the department's strategy to insert language in appropriation bills to make this problem go away?"

Jim Cason, the assistant deputy Interior secretary, denied any knowledge of involvement. He said he didn't know if anyone at the department drafted, suggested or otherwise lobbied for the language, which puts off the accounting for a year while Congress develops the "scope" of the massive undertaking.

"I can't attest to who who specifically ram-rodded the effort," Cason told the committee. He chose his words carefully and said he had not seen the rider until yesterday.

Campbell is a member of a joint Senate-House conference committee that negotiated the Department of Interior's $20 billion appropriations bill. It was finalized Monday night but not delivered to most lawmakers until the following day.

The package is currently being debated on the House floor. As expected, lawmakers voted with their party yesterday to adopt a resolution that left the rider intact. The roll call was 289 to 136.

Starting this morning, several Indian Country advocates will launch an effort to send the bill back to the conference committee for further work. Rep. Richard Pombo (R-Calif.), the chairman of the House Resources Committee, Rep. Nick Rahall (D-W.Va.), the ranking member, Rep. Dale Kildee (D-Mich.), the co-chair of the Congressional Native American Caucus, and others will argue against the rider.

Yesterday's Senate hearing focused on a bill Campbell has introduced to settle the case by creating a new bureaucracy to determine the balances of Individual Indian Money (IIM) accounts. It met opposition from the Native American Rights Fund (NARF), the National Congress of American Indians (NCAI) and the Osage Nation of Oklahoma.

John Echohawk, NARF's executive director, said it ignored basic principles of trust law that the plaintiffs have secured as part of the case. NCAI President Tex Hall called it a "quick fix" to a century-old problem. Osage Chief Jim Gray said it could adversely affect members of his tribe, who have million-dollar interests in oil and gas.

Cason also testified that the Bush administration doesn't support the S.1770, the Indian Money Account Claim Satisfaction Act. as drafted. The testimony prompted Campbell to renew calls to devise a mediated process to settle the case. For the first time, Cason said the department supported mediation although the pledge has yet to be put into writing.

Echohawk and Hall backed mediation, which they supported at a hearing in June. The plaintiffs and NCAI have drafted several principles they believe should guide the process.

To prevent future appropriations attacks, Campbell said participation from the plaintiffs, tribal leaders and the administration was crucial. "S.1770 is certainly not a perfect bill," he said. "We just can't find a solution by ourselves."

After the resolution on the bill was approved around 12:30 p.m. yesterday, House leaders pulled it from further action Debate is expected to resume today at 10 a.m.

The language in the conference committee report delaying the accounting states:
That nothing in the American Indian Trust Management Reform Act of 1994, Public Law 103-412, or in any other statute, and no principle of common law, shall be construed or applied to require the Department of the Interior to commence or continue historical accounting activities with respect to the Individual Indian Money Trust until the earlier of the following shall have occurred: (a) Congress shall have amended the American Indian Trust Management Reform Act of 1994 to delineate the specific historical accounting obligations of the Department of the Interior with respect to the Individual Indian Money Trust; or (b) December 31, 2004

Conference Committee Report:
House Report. 108-330

DOI Budget Bills:
H.R.2691 | H.Rept.108-195 | S.1391 | S.Rept.108-89

Relevant Bills:
Campbell: Indian Money Account Claim Satisfaction Act of 2003 (S.1770) | Daschle: Indian Trust Payment Equity Act of 2003 (S.1540)

Congressional Native American Caucus Letter:
J.D. Hayworth/Dale Kildee (October 17, 2003)

Court Decisions:
Historical Accounting | Fixing the System | Structural Injunction

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
Indian Trust, Department of Interior - http://www.doi.gov/indiantrust

Related Stories:
Battle brews in House over DOI budget bill (10/30)
Cobell rallies support for trust fund case (10/28)
DOI bill halts Indian trust fund case (10/24)
Bill targets Indian trust fund suit (10/22)
House chairman supports self-governance rider (10/14)
Self-governance tribes fear impact of reorganization (10/09)
Lamberth lays out future of Indian trust reform (09/26)
Court report finds undervaluation of Navajo lands (08/21)
Administration eyes consolidation of Indian appraisals (08/15)
Tally for private attorney fees in Cobell case rises (07/24)
Congress hacks Bush's accounting funds (7/16)
Swimmer partly right on trust fund rider (7/14)
Bush official balks at large settlement for Cobell (7/10)
On trust, lawmakers take Bush officials at face value (06/25)
Private attorneys reap benefits on Cobell case (06/24)
Norton offered settlement funds for IIM trust (6/20)
Lamberth criticizes interference with trust fund case (05/22)
Bush administration turns to Congress on trust (04/04)

Copyright 2000-2003 Indianz.Com
More headlines...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Tim Giago: Greedy lawyers and government ruin Cobell settlement (8/27)
Native Sun News: Facility in Montana set to house Indian inmates (8/27)
Gerald Gipp: National strategy needed to reform Indian education (8/27)
9th Circuit won't stop repatriation of Kumeyaay Nation ancestors (8/27)
Bill John Baker: Cherokee Nation puts youth to work for summer (8/27)
Gabe Galanda: Academia won't tackle tribal disenrollment issue (8/27)
Misty Lynn Ellingburg: 'Four Winds' is a literary magazine for us (8/27)
Declination rates for Indian Country crime steady for third year (8/27)
DOJ awards grants to address violence in Bakken energy region (8/27)
Another pipeline spills saltwater on reservation in North Dakota (8/27)
Navajo voters oust incumbent president Ben Shelly in primary (8/27)
Once rival factions of Chukchansi Tribe agree to 2015 election (8/27)
Three brothers on the ballot for Passamaquoddy Tribe election (8/27)
Daily Beast: Border Patrol runs free on Tohono O'odham Nation (8/27)
KTOO: Cook Inlet Tribe turns to video game to represent culture (8/27)
Former IHS information security officer convicted for child porn (8/27)
Crow Reservation murder defendant to make court appearance (8/27)
Texas authorities seek information about skull at Goodwill store (8/27)
Cherokee Nation police find man who disappeared 37 years ago (8/27)
9th Circuit sets oral arguments in Big Lagoon Rancheria dispute (8/27)
Forest County Potawatomi Tribe cuts gaming payment to state (8/27)
State raises concerns about Chumash Tribe's casino expansion (8/27)
Cowlitz Tribe sees setback in infrastructure plan for casino site (8/27)
Native Sun News: Tribes take on Air Force over expansion plan (8/26)
Charles Trimble: Pine Ridge -- the Hollywood of Indian Country (8/26)
Doug George-Kanentiio: Iroquois on both sides for War of 1812 (8/26)
Heather Kendall-Miller: GOP candidate a threat to Native rights (8/26)
Fired Oglala Sioux Tribe police officer indicted for taser incident (8/26)
Sen. Jon Tester to hold session on trafficking in Indian Country (8/26)
Hoopa Valley Tribe takes action due to large number of arsons (8/26)
Non-recognized tribe in Texas hails ruling in eagle feather case (8/26)
Jodi Lee Spotted Bear: Supporting Native language immersion (8/26)
Proposal filed for Wampanoag language public charter school (8/26)
Gila River Indian Community mourns loss of first female leader (8/26)
Jose Barreiro: Indigenous leaders hold historic meeting in Cuba (8/26)
Tribes use reservations to restore rare and endangered species (8/26)
Rival factions unite in takeover attempt within Chukchansi Tribe (8/26)
Darlene Miller seeks to be first female Seneca Nation president (8/26)
7th Circuit bars tribal jurisdiction in Indian payday loan dispute (8/26)
Law school in Colorado sets conference on sovereign immunity (8/26)
Mississippi Choctaw family believes same person behind deaths (8/26)
Cherokee Nation to break ground on casino on Indian allotment (8/26)
Stillaguamish Tribe finally secures reservation status for casino (8/26)
Mashantucket Tribe to open retail concourse at casino on Friday (8/26)
Opinion: Predatory gaming companies exploit tribes and patrons (8/26)
Caesars Entertainment debuts $442M urban casino in Baltimore (8/26)
Tim Giago: Farewell to my childhood friend Eugene Long Soldier (8/25)
Mark Trahant: Tapping the power of social media for Native vote (8/25)
Native Sun News: Laguna Pueblo still affected by uranium mine (8/25)
Oliver Semans: Seeing the light on Native voting rights struggle (8/25)
John Hopkins: Navajo Nation Council delegate makes bad choice (8/25)
James Mills: Non-Indian firm helps tribes create stronger nations (8/25)
Navajo voters to narrow field of 17 candidates for president's job (8/25)
Judge Humetewa hands down sentence in Indian child abuse case (8/25)
Scientists publish lengthy book based on study of Kennewick Man (8/25)
Rival tribe spends big in fight over Tohono O'odham Nation casino (8/25)
Eastern Cherokees resist Catawba Nation casino in North Carolina (8/25)
Aquinnah Wampanoag Tribe seeking investors for Class II facility (8/25)
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.