Final Report December 10, 2013 · FINAL REPORT – DECEMBER 2013 Series of overarching...
Transcript of Final Report December 10, 2013 · FINAL REPORT – DECEMBER 2013 Series of overarching...
SECRETARIAL COMMISSION ON INDIAN
TRUST ADMINISTRATION AND REFORM
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Final Report – December 10, 2013
FINAL REPORT – DECEMBER 2013
Series of overarching recommendations
Legislative
Regulatory
Procedural
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RECOMMENDATION NO. 1
REVIEW AND AMENDMENT OF FEDERAL LAW Because the Supreme Court has narrowly construed the
trust responsibility in the damages cases, Congress should amend federal law to provide a damages remedy for harm caused when the following standard is breached:
“The trustee is a fiduciary in which the law demands an unusually high standard of ethical or moral conduct with reference to the beneficiary. The trustee owes a duty to act solely in the interest of the beneficiary, and must not consider their own personal advantage.”
The United States should not import the narrow definition of the trust obligation that has been employed by the Supreme Court in some damages cases into cases involving Indian claims for prospective relief.
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RECOMMENDATION NO. 2:
EVALUATE TRIBAL CONSULTATION POLICY
The independent counsel deserves further consideration by the federal government. The Commission recommends that the Secretary evaluate the options in this area in consultation with tribal leaders.
Renewed emphasis on the United States’ fiduciary obligations could correct some of the issues with respect to ensuring that all federal agencies understand their obligations to abide by and enforce federal trust duties.
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RECOMMENDATION NO. 3:
DEVELOP UNIFORM CONSULTATION POLICY
The Commission recommends that the
Administration work with Indian Nations and
individuals to develop a judicially enforceable,
uniform consultation policy that would be codified
in a federal statute.
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RECOMMENDATION NO. 4:
TRUST ADMINISTRATION RE-STRUCTURING
Modeled on the Federal Energy Regulation Commission (FERC) and its relationship with the Department of Energy (DOE), Congress should establish a fully independent Indian Trust Administration Commission (ITAC) located within the Department of the Interior (DOI).
The independent commission would benefit from functional and budget autonomy from DOI, thus mitigating tribal/beneficiary concerns about conflicts of priorities.
The proposed commission would maintain cabinet-level advocacy through the Secretary of the Interior by virtue of its continued relationship with DOI.
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INDIAN TRUST ADMINISTRATION COMMISSION
(ITAC) PROPOSED ORGANIZATIONAL STRUCTURE
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Trust Administration
Commission
Land Ownership
and Protection
Office of Trust
Policy and Process
Sustainability
Planning
Leasing/
Contract
Appraisal
Services
Customer
ServiceFunds
Management
Region X Director for Trust Administration
Regional Fiduciary Trust
Officer
Regional Deputy for
Trust Services
Information
Technology
Records
Management
Office of Trust
Internal Review
CFO CHCO COO
Human
Resources
Land Ownership
Real Estate
Management
Indian Land
Consolidation
Natural Resources
Minerals
Forestry
Accounting & Accounts
Management
Chair Members
National Coordinating Offices
Budget and
Administration
Commissioner Support Offices
Trust Policy and
Coordination
Tribal Consultation,
Culture, and
Outreach
Trust Internal
Controls
Trust Programmatic
Review
Regional Implementation Offices
DEPICTION OF POST-ITAC - DOI
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DOI Secretary
Indian Trust Administration Commission
AS – Policy,
Management,
and Budget
Deputy Secretary
OHA ONRR AS – Indian
Affairs
AS – Land and
Minerals
Management
AS – Water
and Science
AS – Fish,
Wildlife, and
Parks
BIA BLM BOR
AS – Insular
Affairs
Office of Insular
Affairs
OSMRE
BOEM
BSEE
USGS
NPS
USFWS
Legend:
Trust-Related
Non-Trust Related
Office of Trust
Policy and Process
Region X Director for Trust Administration
Regional Fiduciary Trust
Officer
Regional Deputy for
Trust Services
Office of Trust
Internal Review
CFO CHCO COO
Chair Members
National Coordinating Offices
Commissioner
Support Offices
Regional Implementation Offices
Information Flow
Trust Responsibilities Removed
from DOI bureaus/offices and
consolidated in ITAC.
While not within
this scope of study,
Justice Services,
Indian Services,
and BIE could be
incorporated in
ITAC or remain
within BIA.
Land Ownership
and Protection
Sustainability
Planning
Leasing/
Contract
Appraisal
Services
Customer
ServiceFunds
Management
Information
Technology
Records
Management
Human
Resources
Budget and
AdministrationAlthough all direct
trust-related
activities will be
removed from DOI
bureaus/offices,
these entities must
still collaborate with
ITAC on all issues
which impact trust
administration (e.g.,
U.S. Forestry
interacting with
ITAC when
proposed
regulations would
impact Indian
forestry assets).
RECOMMENDATION NO. 5:
IMPROVE THE MANAGEMENT, OVERSIGHT, AND
ACCOUNTABILITY OF TAS SERVICES AND TRUST
ASSETS
Create an Adequate Auditing System that Fulfills
Trust Responsibility to Beneficiaries
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RECOMMENDATION NO. 6:
PROCEDURAL CHANGES
TAS-WIDE RECOMMENDATIONS
FUNDS MANAGEMENT RECOMMENDATIONS
INFORMATION TECHNOLOGY RECOMMENDATIONS
CUSTOMER SERVICE RECOMMENDATIONS
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OTHER RECOMMENDATIONS - PROBATE
Promote the use of alternative strategies to
probates
Legal mechanism, streamlined OHA requirements
for probate files, revitalize Attorney Decision Maker
programs, consider legislative authorization of local
forums including tribal courts
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OTHER RECOMMENDATIONS - APPRAISALS
Expand the use of per-approved third-party vender solutions to effectuate a common, standard services on commercial timelines
A review of USDA appraisal methodology and policies
Improvements to the Process of Procuring and Utilizing Mass Appraisals
Expand Previously Approved Waiver Authority to All Tribes and All BIA Regions.
Increase Authority to Waive Appraisal or Valuation Requirements for Transactions Involving Competitive Bids
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OTHER RECOMMENDATIONS – ALASKA
Congress should overturn the U.S. Supreme Court’s decision in Alaska v. Native Village of Venetie Tribal Government, by amending ANCSA to provide that former reservation lands acquired in fee by Alaska Native villages and other lands transferred in fee to Native villages pursuant to ANCSA are Indian country.
Congress should amend the ANSCA to allow a transfer of lands from Regional and Village Corporations to Tribal governments; to allow transferred lands to be put into trust and included within the definition of Indian country in the Federal criminal code; to allow Alaska Native Tribes to put tribally owned fee simple land similarly into trust; and to channel more resources directly to Alaska Native Tribal governments for the provision of governmental services in those communities.
Congress should pass legislation that will restore and protect Native hunting and fishing rights in Alaska, and provide a co-equal role for Alaska Natives in the management of fish, wildlife and other renewable resources.
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