[Congressional Record Volume 149, Number 116 (Thursday, July 31, 2003)]
[Senate]
[Page S10671]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE:
  S. 1540. A bill to provide for the payment of amounts owed to Indian 
Tribes and individual Indian money account holders; to the Committee on 
Indian Affairs.
  Mr. DASCHLE. Mr. President, the legislation I am introducing today 
should be important to all Americans--Indians and non-Indians alike. 
The primary goal of the ``Indian Trust Payment Equity Act of 2003'' is 
to start a process for repaying the debt owed by the United States of 
America to Indian tribes and individual American Indians.
  For over one hundred years, the Department of Interior has managed a 
trust fund containing the proceeds of leasing of oil, gas, land and 
mineral rights on Indian land for the benefit of Indian people. Today, 
far from enjoying a sense of security about the investment of these 
assets, tribal and individual Indian account holders cannot even be 
assured of the accuracy of the balances that the Department of Interior 
claims are in their accounts. It is estimated that the trust fund may 
owe anywhere from $10 billion to over $100 billion to Indian tribes and 
Indian people. This is money that everyone agrees is rightfully theirs 
and desperately needed to address a host of human needs.
  There is little disagreement that the Interior Department's 
stewardship of the trust fund, through administrations of both 
political parties, has been a colossal failure. Rather than just 
continue the debate over how best to reorganize the Department of 
Interior, this legislation is intended to jumpstart the process of 
repayment by establishing an Equity Payment Trust Fund.
  The Indian Trust Payment Equity Act calls for appropriating $10 
billion to the Trust Fund over five years, as $10 billion is an 
undeniably low estimate of what is owed by the United States. If an 
account holder accepts the results of a certified audit of their 
account, then the Equity Payment Trust Fund would provide for a partial 
payment until a full accounting is satisfied. Indian tribes would be 
able to voluntarily contract with the Secretary to assist in the audit 
process.
  This bill provides a means for tribes to assist individual allottees 
to obtain an accounting and a more prompt settlement than any proposal 
put forward to date.
  Treaties entered into by the United States constitute a significant 
element of the law of the land. Unfortunately, the Untied States has 
abridged its treaty obligations by grossly mismanaging the trust fund 
it holds as trustee for Indian tribes and people. It is a particularly 
sad story given the high level of human need that exists on Indian 
reservations throughout South Dakota and across the country.
  Last Friday, Senators McCain, Johnson and I introduced S. 1459, ``the 
American Indian Trust Fund Management Reform Act Amendments Act of 
2003.'' We were joined in this effort by Representatives Mark Udall and 
Nick Rahall who introduced the House companion measure, H.R. 2981, that 
same day. The Indian Trust Payment Equity Act of 2003 is intended to 
complement S. 1459 and create a multifaceted solution to the underlying 
problem of trust fund mismanagement.
  Restoring accountability and efficiency to trust management, and 
paying account holders what they are owed, is a matter of fundamental 
justice. And nowhere do the principles of self-determination and tribal 
sovereignty come more into play than in the management and distribution 
of trust funds and assets clearly owed to Indian tribes and Indian 
people.
  It is time to expedite the historical accounting of what is owed and 
deal with the trust management issue once and for all. This legislation 
makes a strong statement about the importance of completing the 
historical accounting and making payments to the tribes and individual 
Indian allottees who are waiting for what is rightfully theirs. They 
have waited long enough.
  I look forward to comments, suggestions and feedback from those 
interested in this issue and hope this bill can serve as a basis for 
serious discussion. I do believe this issue should be of interest and 
of importance to all Americans and, therefore, all members of Congress, 
as it addresses a debt and responsibility of the United States. I hope 
I can count on the support of my Senate colleagues for this effort to 
address the challenging and complex Indian trust reform issue.
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