The Tribal Tribune - Indian Trust Asset Reform Act Sent to President Obama for Final Approval

News Article

By Justus Caudell

Colville tribal member and Washington D.C. based lawyer Brian Gunn has called federal bill H.R. 812, the Indian Trust Asset Reform Act, "the first major Indian policy bill to go to the President this Congress."

A press release from the U.S. Senate states the act will "restore tribal sovereignty and give tribes control of their trust asset management plans."

The bill, which was first written by the Affiliated Tribes of Northwest Indians and supported strongly by the Colville and Coeur d'Alene tribes, has been sent to President Obama's desk for final approval after passing the Senate, June 10.

"I applaud the United States Senate for respecting Indian Country's ability to protect and manage their resources," said U.S. Representative Denny Heck (D-Wash), who cosponsored the bill with Mike Simpson (R-Idaho). "This brings us closer to sovereignty and will help the economies of many tribes as they make the right financial decisions for their own communities. I look forward to working with tribes on other ways we can move the needle on critical issues, including Puget Sound recovery and returning the Ancient One home."

President Obama is expected to sign the bill into law soon.

"The bill will give tribes more control over their natural resources and will expedite appraisals for tribes and Indian beneficiaries," wrote Gunn in a recent email to Tribal leaders.

Currently, the Department of the Interior dictates to Tribes which of their trust resources they are allowed to use, but the Indian Trust Asset Reform Act would instead authorize Tribes to choose if they would like to manage and control their trust assets under a new plan, according to the Senate release.

"This is good news and a huge milestone for Indian Country," wrote Colville Business Council member Susie Allen.

Last year the CBC identified the bill as a legislative priority.

The act establishes a demonstration project that will authorize tribes to direct the management of trust assets under tribal standards rather than federal standards that many consider out-of-date, according to CBC member Billy Nicholson.

"Another benefit is the act will speed up the federal appraisal process for tribes and individuals," wrote Nicholson in a March Council Corner submission to the Tribal Tribune.

Gunn credited CBC member Mel Tonasket, Michael Marchand and Nicholson for work on the bill along with past council member Harvey Moses Jr.

A summary on congress.gov notes, "This bill reaffirms the federal government's duty to promote tribal self-determination," and "The United States is not liable for losses that result from: (1) a forest land management activity or lease under a trust asset management plan, or (2) management standards under a trust asset management plan that are less-stringent than Interior otherwise requires."

The bill also calls for a transition plan and timetable for termination of the Office of Special Trustee of American Indians.

The online summary further notes the bill allows Department of Interior to establish to report directly to the Secretary of Interior and coordinate with the OST in order to "ensure an orderly transition of the functions of the OST to an agency or bureau within the Interior."

The bill passed the U.S. House of Representatives in February.

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