[Congressional Record Volume 150, Number 88 (Wednesday, June 23, 2004)]
[Senate]
[Pages S7302-S7303]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               EXEMPTION FROM TRUST REFORM REORGANIZATION

  Mr. JOHNSON. Mr. President, I rise today in support of S. 2523, a 
bill to exempt the Great Plains Region and Rocky Mountain Region of the 
Bureau of Indian Affairs, BIA, from trust reform reorganization plans. 
I am happy to be an original cosponsor of this bill with my friend and 
colleague Senator Tom Daschle.
  S. 2523 would exempt the BIA's Great Plains Region and the Rocky 
Mountain Region from the Department of the Interior's trust reform 
reorganization proposal, excluding efforts to reform Indian probate and 
address land consolidation, pending the submission of alternative 
agency-specific reorganization plans. The bill would direct that any 
funds appropriated to accomplish trust reform at the agency level in 
the Great Plains and Rocky Mountains Regions could be expended only 
under plans developed by local tribes in cooperation with and with the 
approval of the Department of the Interior. The bill authorizes 
$200,000 for the Great Plains Region and $200,000 for the Rocky 
Mountain Region to be used for the development of agency-specific 
reorganization plans.
  The bill is an alternative to the Department of the Interior's ``To-
Be'' trust reorganization plan. The BIA and the Office of Special 
Trustee, OSI, is in a state of ongoing reengineering of their trust 
management processes since the Department issued a new Department 
Manual in April, 2003. Since November, 2003, the Department has 
conducted informational meeting regarding its ``To-Be'' project, which 
would reengineer current fiduciary trust business process. This ``To-
Be'' plan is unacceptable to our tribes. Simply, the administration's 
proposed changes to the way tribes receive trust services do not fit 
the needs of our area.
  Specifically, our tribes require frequent land appraisals due to our 
large land base. Currently there is only one appraiser for the entire 
Great Plains Region. Under a proposed plan, money that would be spent 
hiring ``trust officers'' would be utilized by hiring appraisers at 
each agency on each reservation. Furthermore, as a region we

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are in need of technical positions involving land management, such as 
surveyors, range conservationists, lease compliance officers, rights of 
way specialists, and accountants. In sum, the tribes request a reversal 
of the reorganization process and that resources be redirected as to be 
more effectively used at the reservation level under control of the 
local agent.
  The concepts in S. 2523 are particularly poignant in light of serious 
questions that have been raised regarding failures in the OST's entire 
management and administrative system. As a result of these questions, I 
have requested a wide-ranging investigation of the OST. This 
investigation centers on a number of concerns tribal leaders have 
raised in recent years as OST has expanded its mission from one 
designed to oversee trust reform efforts at the Interior Department to 
one implementing most major fixes. Under the Bush administration, the 
agency's budget has dramatically increased while funds for other Indian 
programs are being cut or flat-lined.
  In addition to questioning funding considerations, I question whether 
the OST is operating in a manner consistent with the 1994 Act that 
created it. During the Bush administration, the agency has seen 
unprecedented growth and has slowly taken over programs formerly 
managed by BIA, including cash management, appraisals, probate and 
accounting. Tribal leaders and some lawmakers say this expansion 
violates the intent of Congress in creating the office.

  I am honored to represent a State that has nine treaty tribes. 
Federally-recognized Indian tribes in South Dakota signed the Treaty of 
Fort Laramie with the desire to declare peace and thereby perpetuate a 
nation-to-nation relationship with the Federal Government. The treaty 
establishing the South Dakota Tribes is a contract negotiated between 
sovereign nations, relating to peace and alliance formally acknowledged 
by the signatories of the nations. The United States entered into such 
agreement because they desired peace and cessions of land from the 
Sioux Tribes, and in return they made promises that must be upheld.
  It is important to point out that my treaty tribes opt to receive 
their services directly from the BIA. As such, it is essential to my 
tribes that they have a clear understanding of what their Bureau is up 
to and how its actions will affect the services received by my tribes. 
In South Dakota, the BIA affects our Indian people every single day. 
Their partnership with the Federal Government is paramount to their 
survival as nations and is vital to the health of its people. With this 
premise in mind, I implore the Department to do a better job of 
consulting with tribes, appropriately fund BIA programs, and have an 
open and frequent dialogue with Congress. As a member of both the 
Appropriations and Indian Affairs Committee, I must be made aware of 
the Bureau and the Office of Special Trustee's programming plans.

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