[Congressional Record Volume 149, Number 112 (Friday, July 25, 2003)]
[Extensions of Remarks]
[Pages E1621-E1622]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          BILL TO REFORM AMERICAN INDIAN TRUST FUND MANAGEMENT

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                         Friday, July 25, 2003

  Mr. UDALL of Colorado. Mr. Speaker, I am today introducing a bill to 
provide the basis for reforming the way the federal government 
discharges its responsibilities regarding the assets and funds it holds 
in trust for federally recognized Indian tribes and individual Indians.
  The bill is also sponsored by Representative Rahall, the Ranking 
Democratic Member of the Resources Committee, and is identical to a 
measure being introduced in the Senate by Senators McCain, Daschle, and 
Johnson. It is based on a bill (S. 175) they introduced earlier, with 
revisions that reflect comments and suggestions from a number of tribes 
and others who have interest and expertise in this subject, including 
representatives of the Great Plains tribes, the Native American Rights 
Fund, the National Congress of American Indians, and the InterTribal 
Monitoring Association.
  We are introducing the bill today in the interests of contributing 
specific legislative proposals for consideration as part of what we 
hope and expect will be a bipartisan effort to develop legislation to 
resolve many of the problems in this important part of the duties of 
the Interior Department.
  As we all know, Mr. Speaker, the Interior Department's management of 
Indian trust funds is the subject of deserved criticism and

[[Page E1622]]

ongoing controversy. Last week, during debate on the Interior 
appropriations bill, the House was told that Chairman Pombo has 
indicated his commitment to having the Resources Committee work on 
resolving problems associated with that management--a commitment we 
welcome. Our bill is intended to be part of that effort.
  Our bill includes two major changes to the 1994 American Indian Trust 
Fund Management Reform Act, the underlying law governing Indian trust 
funds management.
  First, it elevates the importance of Indian trust management and 
other Indian affairs within the Interior Department by establishing the 
position of Deputy Secretary for Indian Affairs, to oversee the Bureau 
of Indian Affairs and all aspects of the management of Indian trusts.
  There would no longer be an Assistant Secretary for Indian Affairs. 
The current Office of Special Trustee for American Indians would be 
abolished, with the duties of the Special Trustee being transferred to 
the new Deputy Secretary, who would be in charge of a new Office of 
Trust Reform Implementation and Oversight. In addition, there would be 
clear legislative affirmation of the fiduciary standards to be applied 
to the management of Indian trust funds and assets.
  Second, the bill strengthens provisions for Indian tribes to 
participate in the management of trust funds and assets, based on 
successful self-determination policies. Toward that end, the bill would 
authorize a Tribe to use authority under existing law to manage trust 
funds and assets, without terminating the trust responsibilities of the 
Interior Department.
  To further assess the way the Interior Department performs its 
fiduciary and management responsibilities with respect to Indian Tribes 
and individual Indian beneficiaries, the bill would establish a special 
12-member Commission, with four members appointed by the President, two 
each appointed by the Majority and Minority leaders of the Senate, two 
each appointed by the Speaker and the Minority Leader of the House of 
Representatives. The bill specifies that a majority of members must be 
representatives of federally-recognized Indian tribes (at least one of 
whom must be the beneficiary of an individual Indian trust fund 
account). The Commission will choose one of its members to chair its 
proceedings.
  The bill requires the Commission to review and assess Federal laws 
and policies relating to the management of Indian trust funds and to 
provide Congress a report about their conclusions and recommendations 
within three years after the Commission's first meeting.
  Finally, the bill includes specific and detailed provisions to make 
clear that its enactment will not limit any of the findings, remedies, 
jurisdiction, authority, or discretion of the courts in the Cobell v. 
Norton litigation and that no funds appropriated to carry out an 
historical accounting of the individual Indian trust funds are to be 
used except as may be provided in an order of the court in that case 
entered after the date of the bill's enactment.
  Mr. Speaker, I am convinced that the time has come for Congress to 
directly address the problems associated with this subject. The bill we 
are introducing today is not intended to either whitewash or redress 
past wrongs, and it will not forestall the courts from resolving 
matters properly before them. Instead, it is intended to take an 
important first step toward a better future for the Indian tribes and 
individuals in whose behalf the government is duty-bound to act.
  For the benefit of our colleagues, here is a section-by-section 
outline of the bill:

     Outline of ``American Indian Trust Fund Management Reform Act 
                            Amendments Act''

       SECTION 1: Short Title--provides a short title for the 
     bill.
       SECTION 2: Definitions--amends section 2 of the American 
     Indian Trust Fund Management Act of 1994 to provide 
     definitions of the terms ``audit,'' ``tribal government,'' 
     ``trust asset,'' ``trust funds,'' and ``trustee.''
       SECTION 3: Responsibilities of Secretary--amends section 
     102 of the American Indian Trust Fund Management Reform Act 
     of 1994 so as to clearly specify the responsibilities of the 
     Secretary of the Interior with respect to accounting for 
     Indian trust fund balances and with respect to other aspects 
     of carrying out the trust responsibility of the United 
     States.
       SECTION 4: Affirmation of Standards--amends Title I of the 
     American Indian Trust Fund Management Reform Act of 1994 by 
     adding a Congressional affirmation of the standards for 
     proper discharge of the trust responsibility of the United 
     States.
       SECTION 5: Indian Participation in Trust Fund Activities--
     amends the American Indian Trust Fund Management Reform Act 
     of 1994 to explicitly authorize an Indian tribe to use 
     authority provided under the Indian Self-Determination and 
     Education Assistance Act to manage trust funds and trust 
     assets without terminating the trust responsibility of the 
     Secretary of the Interior or the trust status of the funds 
     and assets involved.
       SECTION 6: Deputy Secretary for Indian Affairs--amends the 
     American Indian Trust Fund Management Reform Act of 1994 to 
     establish the position of Deputy Secretary of the Interior 
     for Indian Affairs, to specify the duties of the Deputy 
     Secretary, and (effective upon appointment of the Deputy 
     Secretary) to abolish the Office of Special Trustee for 
     American Indians and transfer its functions to the Deputy 
     Secretary.
       SECTION 7: Commission for Review of Indian Trust Fund 
     Management Responsibilities--establishes a Commission (with 
     four Members appointed by the President, two each appointed 
     by the Majority and Minority Leaders of the Senate, and two 
     each by the Speaker and the Minority Leader of the House of 
     Representatives) to assess the federal government's fiduciary 
     and management responsibilities with respect to Indian 
     tribes; specifies a majority of Commission members must be 
     representatives of federally-recognized tribes (and at least 
     one must be an individual beneficiary of an Indian trust 
     account); requires the Commission to report its conclusions 
     and recommendations to Congress and the Departments of 
     Interior and Treasury within 32 months after Commission's 
     first meeting.
       SECTION 8: Regulations--directs Interior, in consultation 
     with interested Tribes, to issue regulations to implement the 
     bill.
       SECTION 9: Effect of Act--States that nothing in the bill 
     will limit the findings, remedies, jurisdiction, authority, 
     or discretion of the courts in the Cobell v. Norton 
     litigation; provides that no funds appropriated for an 
     historical accounting of individual Indian trust funds shall 
     be used except as provided in an order of the court in that 
     case entered after the enactment of the bill.

                          ____________________