Indian Trust Asset Reform Act

Floor Speech

BREAK IN TRANSCRIPT

Mr. SIMPSON. Mr. Speaker, I would like to thank the full committee chairman, Mr. Bishop; the ranking member, Mr. Grijalva; the subcommittee chairman, Mr. McClintock, and the ranking member, Ms. Tsongas, for considering this bill.

The relationship between Native Americans and the United States Government is complicated, not well understood, and filled with inconsistencies. Today Indian Country faces a number of serious challenges, ranging from addressing abject poverty to trying to promote economic development in the face of inefficient bureaucracy.

The Federal Government has a trust responsibility to meet its commitments to Indian Country. Yet in many cases, Federal agencies hinder, rather than help, tribes provide for their members. This is illustrated by the settlement of the Cobell litigation and the scores of tribal trust lawsuits over the past few years, which have cost taxpayers more than $5.5 billion.

A number of tribes, including many in the Northwest, have been working to address some of the challenges that they face in managing tribal trust assets. Many tribes are capable of effectively and efficiently managing their own assets--and often are better equipped to do so than the agencies currently responsible for that management. Yet, in order to have a say in how these assets are managed, they must swim upstream against a muddled Federal bureaucracy.

This is why I introduced H.R. 812, the Indian Trust Asset Reform Act. This legislation had its origins with the tribes themselves, which is where Congress should always start when it takes up issues affecting Indian Country. H.R. 812 was developed and has been endorsed by the Affiliated Tribes of Northwest Indians, the National Congress of American Indians, the United South & Eastern Tribes, the Intertribal Timber Council, and the U.S. Chamber of Commerce.

H.R. 812 will do several things to modernize the Federal Government's role in managing Indian trust property. First, it would establish a voluntary demonstration project to give Indian tribes more control over the management of their trust assets. This will provide Indian tribes with new flexibility to direct management of these assets under tribal standards rather than Federal standards that are often outdated and inefficient.

As part of the negotiated demonstration project, Indian tribes would be able to conduct forest management activities on their own tribal lands through a process similar to the HEARTH Act of 2012, which the administration has strongly supported and has proven successful in promoting tribal self-determination and self-governance.

H.R. 812 would also authorize the Indian tribes and Indian beneficiaries, on a voluntary basis, to obtain appraisals of their trust property without having to wait for the Department of the Interior to approve them. This new authority would provide relief to all in Indian Country who currently endure lengthy delays in selling or leasing their trust land while they wait for the Department to review and approve appraisals.

Finally, the bill would direct the Secretary of the Interior to consult with Indian Country and provide certain information to Congress about the Office of the Special Trustee. OST was originally intended as a temporary entity to oversee certain financial reforms of Indian trust funds at the Department of the Interior. More than 20 years later, OST has significant involvement in the day-to-day transactions. Tribes have long complained about the miscommunications, delays, and inefficiencies that result from trying to navigate the processes of both OST and the Bureau of Indian Affairs. The information the bill requires the Secretary to provide will assist Congress in determining the future of OST.

It is worth noting that this bill has undergone a number of changes since introduction. The bill has been revised to incorporate input not only from the committees of jurisdiction in both Chambers, but also from the Department of the Interior, the Department of Justice, tribal organizations, and individual Indian tribes.

The Congressional Budget Office has found that H.R. 812 would not affect the Federal Government's overall costs.

I would also point out that H.R. 812 is a voluntary program intended to provide tribes with new flexibility to promote economic development. Where tribes are not willing or able to take on these responsibilities, they will not have to.

H.R. 812 is just one aspect in a larger conversation on improving the management of tribal trust assets. If enacted into law, this bill would be an important step in providing tribes with the autonomy they need to manage their assets and spur economic growth in their communities.

I want to thank Chairman McClintock and his committee, and Chairmen Bishop and Young and their staffs for their work on this bill. They have held two hearings and graciously taken input from tribes and the administration, which is why we are here today with this legislation.

Finally, I want to thank the tribes that have offered their expertise in the crafting of this bill. Just like the intentions of the underlying bill, Indian Country deserves to be in the driver's seat when making decisions about their own future.

BREAK IN TRANSCRIPT

Source