Congressional Record publishes “TRIBAL TRUST FUND SETTLEMENT ACT OF 1998” on April 30, 1998

Congressional Record publishes “TRIBAL TRUST FUND SETTLEMENT ACT OF 1998” on April 30, 1998

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Volume 144, No. 51 covering the 2nd Session of the 105th Congress (1997 - 1998) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TRIBAL TRUST FUND SETTLEMENT ACT OF 1998” mentioning the Department of Interior was published in the Extensions of Remarks section on pages E721 on April 30, 1998.

The publication is reproduced in full below:

TRIBAL TRUST FUND SETTLEMENT ACT OF 1998

______

HON. GEORGE MILLER

of california

in the house of representatives

Thursday, April 30, 1998

Mr. MILLER of California. Mr. Speaker, today I am introducing, by request, the Tribal Trust Fund Settlement Act of 1998. This legislation sets up a process through which Indian Tribes could enter into negotiations with the Department of Interior in order to agree on account balances for some 1,500 trust fund accounts held in trust by the United States.

Since the early 1900's the Department of Interior has managed funds derived from land resources for Indian tribes and individual Indians. These funds have been badly mismanaged and the Department can not verify account balances. After a 5-year and $21 million attempt to reconcile accounts, it became clear that because of the volume of missing documents, reconciliation would be impossible.

This legislation is a good step in the right direction by admitting mistakes and moving forward to clean up the problems of tribal trust fund accounts. Under the legislation, the Department of Interior would make an offer to settle each tribal account. If the offer is rejected, both parties would enter into informal dispute resolution in order to try to come to agreement without the cost and time incurred by litigation. If agreement cannot be reached, tribes would be free to pursue recourse through court action. I am hopeful that we can reach some agreement during the legislative process that provides tribes with a guarantee that if they choose to go to court, they will have swift access to the courts.

Settlement funds agreed to under this legislation would come from the judgment fund made available for judgments against the United States and not from the already strapped tribal programs in the Interior Department. I commend Secretary Babbitt for his diligent work and commitment and hope hearings will be held immediately so that we may hear from the affected Indian tribes on this proposal.

____________________

SOURCE: Congressional Record Vol. 144, No. 51

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