your internet resource on facebook on twitter on Google+ 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
Probate reform bill heads to Senate for vote
Thursday, January 29, 2004

The chairman of the Senate Indian Affairs Committee on Wednesday said he expects quick passage of a bill that seeks to reform one aspect of the Indian trust.

After several iterations, the American Indian Probate Reform Act of 2004 was finally cleared for a vote on the Senate floor. Sen. Ben Nighthorse Campbell (R-Colo.), the sponsor of S.1721, said the bill was "truly a cooperative effort" between Indian Country and the federal government.

"I hope we can continue to work together on other aspects of trust reform," Campbell said at a brief business committee meeting yesterday morning when the bill was approved without dissent.

S.1721 represents more than a year's worth of work on a proposal that was heavily criticized when it first came up for discussion. Back in May 2002, tribal leaders said it failed to resolve a critical issue: whether lineal descendants, or Indians who are not tribal members, can inherit land.

The revision that followed didn't fare any better. Working with some tribal attorneys, Senate staff developed a new status of land ownership called "passive trust" to address the lineal descendant issue.

But since the concept diminished the federal government's trust responsibility, several national Indian organizations and tribes found it less than appealing.

So by the time the bill made it back to the committee in May 2003, there was plenty to complain about. This time, though, the Bush administration joined the chorus of critics against passive trust.

"My morning started out pretty good until I came here," Campbell said after the barrage.

The situation started to look brighter after Campbell brought together a number of organizations, including the National Congress of American Indians and the Indian Land Working Group, and the Department of Interior to revise S.1721 another time. What emerged in October 2003 was a bill that tribes said was a major improvement.

The version that passed yesterday follows a draft that Campbell's staff circulated last week. There are a number of important changes, notably, the clarification of the definition of "Indian" to include lineal descendants and close family members, and provisions to allow individual Indians, tribes and the federal government to consolidate land parcels with multiple owners.

At its core, the bill creates a uniform probate standard for Indian Country. Currently, Indian landowners are subject to 33 different state laws, making estate planning difficult if not impossible.

To help change that, the bill authorizes grants to help Indian landowners develop wills. Tribes and legal aid groups, including non-profits, would be eligible for the grants.

The success of the consolidation provisions in the bill depend largely on the dollar amount the federal government is willing to commit to reducing fractionation. Campbell said yesterday he hopes the Bush administration will take positive steps in the 2005 budget, which is being released next week. Senate staff have been suggesting $70 million over the next five years.

A BIA official once told Campbell it would take billions to buy back all the fractionated interests. The figure was backed by independent observers.

Currently, S.1721 does not have a counterpart in the House. Campbell said he expects the House to act sometime this year.

Get the Bill:
S.1721 [Note: As introduced. A substitute amendment was adopted yesterday but is not yet available via Thomas.] | S.1721 Draft (January 2004)

Relevant Documents:
Witness List (October 15, 2003)

Relevant Links:
Trust Reform, NCAI -

Office of Special Trustee -
Indian Trust: Cobell v. Norton -

Related Stories:
Tribes back improvements in probate reform bill (10/16)
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...
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:
Native Sun News: Lakota swimmers promote healthy lifestyles (11/30)
Ivan Star Comes Out: Indoctrinated at Indian boarding school (11/30)
Brandon Ecoffey: President of tribal college takes aim at paper (11/30)
Bobbi Rose Nez: Big Brothers Big Sisters reaches Native youth (11/30)
Terry Brunner: USDA helping tribes build stronger economies (11/30)
Alice Soscia: Connecticut tribes share wealth with community (11/30)
Brigid Harrison: Lenni-Lenape Nation battles for recognition (11/30)
Supreme Court throws wrench into Native Hawaiian election (11/30)
Official in Paraguay fired for kicking Indian woman in stomach (11/30)
Jamul Indian Village slated to open $390M casino in July 2016 (11/30)
Native Sun News: Tribal member speaks out against fracking (11/27)
Lakota Country Times: Rosebud mothers address meth issues (11/27)
Tim Giago: Walk a mile in the moccasins of Native Americans (11/27)
Vince Two Eagles: Focus on being thankful this holiday season (11/27)
Native Sun News: Keystone fighters celebrate permit's defeat (11/27)
Kevin Leecy: Tribes remain a vital segment of our community (11/27)
Steven Newcomb: Even media treats our nations as 'nothing' (11/27)
Ray Cook: Thanksgiving flies in the face of original Americans (11/27)
Terese Mailhot: Racism prevails in American popular culture (11/27)
Ilya Somin: Persistent 'myth' justified taking of Indian lands (11/27)
Ak-Chin Indian Community sued for same-sex marriage ban (11/27)
Cahuilla Band celebrates new travel center at gaming facility (11/27)
Opinion: Don't break promise to Mashpee Wampanoag Tribe (11/27)
Native Sun News: Family questions FBI on reservation death (11/25)
Lakota Country Times: Rosebud students earn top scholarship (11/25)
Brandon Ecoffey: Making a difference for people on Pine Ridge (11/25)
Yurok Tribe: Mourning the passing of 'visionary' Troy Fletcher (11/25)
Ned Blackhawk: Supreme Court case jeopardizes tribal rights (11/25)
Steve Russell: The real origins of the world's terrorism crisis (11/25)
Ramona Peters: Sharing a Wampanoag story of Thanksgiving (11/25)
Yatibaey Evans: Let's all teach the truth about Native history (11/25)
Martie Simmons: Every Native parent dreads this time of year (11/25)
Eric Metaxas: The 'miracle' of Squanto and first Thanksgiving (11/25)
Presidential Medal of Freedom presented to late Billy Frank Jr (11/25)
Oneida Nation opens first branch location of tribal-owned bank (11/25)
Virginia tribes continue to pay tribute required by 1677 treaty (11/25)
Chukchansi Tribe reaches new agreement for shuttered casino (11/25)
Poarch Band to welcome visitors to $65M expansion at casino (11/25)
Stillaguamish Tribe debuts eatery and microbrewery at casino (11/25)
Connecticut tribes consider proposals for third gaming facilty (11/25)
Mark Pilarski: Why are games different at some tribal casinos? (11/25)
Tribes seek support for Native language instruction programs (11/24)
Rep. Mullin confirms divisions in Indian Country on Carcieri fix (11/24)
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.