[Congressional Record Volume 144, Number 51 (Thursday, April 30, 1998)]
[Extensions of Remarks]
[Page E721]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                TRIBAL TRUST FUND SETTLEMENT ACT OF 1998

                                 ______
                                 

                           HON. GEORGE MILLER

                             of california

                    in the house of representatives

                        Thursday, April 30, 1998

  Mr. MILLER of California. Mr. Speaker, today I am introducing, by 
request, the Tribal Trust Fund Settlement Act of 1998. This legislation 
sets up a process through which Indian Tribes could enter into 
negotiations with the Department of Interior in order to agree on 
account balances for some 1,500 trust fund accounts held in trust by 
the United States.
  Since the early 1900's the Department of Interior has managed funds 
derived from land resources for Indian tribes and individual Indians. 
These funds have been badly mismanaged and the Department can not 
verify account balances. After a 5-year and $21 million attempt to 
reconcile accounts, it became clear that because of the volume of 
missing documents, reconciliation would be impossible.
  This legislation is a good step in the right direction by admitting 
mistakes and moving forward to clean up the problems of tribal trust 
fund accounts. Under the legislation, the Department of Interior would 
make an offer to settle each tribal account. If the offer is rejected, 
both parties would enter into informal dispute resolution in order to 
try to come to agreement without the cost and time incurred by 
litigation. If agreement cannot be reached, tribes would be free to 
pursue recourse through court action. I am hopeful that we can reach 
some agreement during the legislative process that provides tribes with 
a guarantee that if they choose to go to court, they will have swift 
access to the courts.
  Settlement funds agreed to under this legislation would come from the 
judgment fund made available for judgments against the United States 
and not from the already strapped tribal programs in the Interior 
Department. I commend Secretary Babbitt for his diligent work and 
commitment and hope hearings will be held immediately so that we may 
hear from the affected Indian tribes on this proposal.

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