Tribes hindered on trust reform proposals

WEDNESDAY, JULY 31, 2002

Indian Country advocates on Tuesday discouraged tribal leaders from moving too quickly on efforts to reform the broken trust fund, citing lack of agreement with federal officials and a crunch for time.

Members of the Senate Committee on Indian Affairs said they wanted to see a joint panel of tribal and Department of Interior representatives come to a resolution on key issues. But they warned against pushing legislation this year.

"Don't bite off more than you can chew," said Sen. John McCain (R-Ariz.).

With the House already in recess and the Senate set to adjourn this week, time is running out for Congress to consider long-needed reforms. One bill, sponsored by McCain, has been introduced but tribes want additional packages.

The tribal co-chairs of the trust reform task force were adamant about two particular initiatives. One would create an outside regulatory body with fact-finding and sanction powers over the $3.1 billion in tribal and individual Indian assets and 54 million acres of trust land.

"We need the independent commission to perform this task because it is very clear that the department will not do it on its own," testified National Congress of American Indians President Tex Hall.

Another proposal would codify trust and accounting standards, ones which department officials have been loath to identify. Sue Masten, the other tribal co-chair, said recent scandals in the corporate world demand action for Indian Country.

"Tribes have the right to expect no less of their trustee than shareholders expect of corporate executives," she said.

Department officials, however, have not embraced fully the tribal requests. Deputy Secretary J. Steven Griles said there were constitutional questions about the Interior being overseen by another federal entity.

"I think it has the potential to distract from the authority of the Secretary," he told the committee.

Griles again declined to comment in detail about the department's fiduciary standards, although he peppered his remarks with basic trust phrases including "loyalty," "candor," and "care." He also said two tribal cases now before the Supreme Court -- in which the Interior was named as a defendant -- were beyond his control.

"I don't represent the U.S. government in totality," he said.

Previously, he has told Congress he is "not a lawyer" but he instructs "the legal team what to do" regarding trust litigation in federal district court in the District of Columbia.

Sen. Daniel Inouye (D-Hawaii), chairman of the Indian panel, urged the task force to continue its work. "I am trying to suggest we be a bit more careful," he said.

Sen. Ben Nighthorse Campbell (R-Colo.), the vice-chairman, voiced the same sentiment. "I am more interested in doing things right than doing things fast," he told the task force representatives.

Two additional meetings are scheduled for August in Anchorage, Alaska, and September in Billings, Montana. The tribes and the Interior both expect to extend the life of the task force.

Relevant Documents:
Written Senate Testimony: Task Force (7/30) | Written Senate Testimony: McCain Bill (7/30)

Relevant Links:
Indian Trust, Department of Interior - http://www.doi.gov/indiantrust
Indian Trust: Cobell v. Norton - http://www.indiantrust.com
Trust Reform, NCAI - http://www.ncai.org/main/pages/
issues/other_issues/trust_reform.asp