S ECRETARIAL C OMMISSION ON I NDIAN T RUST A DMINISTRATION AND R - - PowerPoint PPT Presentation

SECRETARIAL COMMISSION ON INDIAN TRUST ADMINISTRATION AND REFORM

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Final al Rep epor

• rt

t – December ecember 10, 0, 2013

FINAL REPORT – DECEMBER 2013

 Series of overarching recommendations

• Legislative
• Regulatory
• Procedural

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REC ECOMMEND OMMENDATIO TION N NO NO. . 1

 REVIEW

VIEW AND AMENDMENT NDMENT OF FEDERAL ERAL 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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REC ECOMMEND OMMENDATIO TION N NO NO. . 2: :

 EVALUATE

TE TR TRIBA BAL L CONS NSUL ULTATI TION ON POLI LICY CY

• 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
• bligations 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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REC ECOMMEND OMMENDATIO TION N NO NO. . 3: :

 DEV

EVEL ELOP OP UNI NIFOR ORM M CON ONSUL SULTATION TION PO POLICY ICY

• 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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REC ECOMMEND OMMENDATIO TION N NO NO. . 4: :

 TRUST AD

ADMI MINIS NISTRA TRATI TION ON RE RE-STRUCT CTURIN URING

• 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 Service Funds 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 Service Funds Management Information Technology Records Management Human Resources Budget and Administration

Although 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).

REC ECOMMEND OMMENDATIO TION N NO NO. . 5: :

 IMPR

MPROVE VE THE E MA MANA NAGEMENT GEMENT, , OVE VERSIGH SIGHT, , AND ND ACC CCOUNT OUNTABILIT ABILITY OF OF TAS S SER ERVI VICE CES S AND ND TRUS UST T ASSET ETS

• Crea

eate e an Ade dequat uate e Audi ditin ing g System em that Fulfil ills ls Trust t Res espon ponsibi ibili lity ty to Ben enef efic icia iari ries es

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REC ECOMMEND OMMENDATIO TION N NO NO. . 6: :

 PR

PROCEDU OCEDURAL RAL CHANGES ANGES

 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

w of f US USDA A appraisal praisal meth ethodolo

• dology

gy and d poli lici cies es

 Improvement

ements s to the Proce

• cess

ss of f Procuring curing and Ut Utilizing ing Mass ss Appraisals praisals

 Exp

xpand and Previously iously Appr proved ed Waiver r Authorit

• rity

y to All Tribe bes s and All BIA Regions ions.

 Increase

rease Auth thority

• rity to Waive

e Appraisal raisal or Valua uati tion

• n

Requireme quirements nts for Transacti nsactions

• ns Involving
• lving Compe

petit itiv ive e 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

• f 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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