IV

106TH CONGRESS

1ST SESSION H. CON. RES. 237

Expressing the sense of the Congress that a portion of the budget surplus

should be used to fulfill moral and legal responsibilities of the United

States by ensuring proper payment and management of all federally

held tribal trust fund accounts and individual Indian money accounts.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 18, 1999

Mr. GEORGE MILLER of California (for himself, Mr. KILDEE, Mr. KENNEDY

of Rhode Island, Mr. VENTO, Mr. PASTOR, Mr. INSLEE, Mr. UNDERWOOD, Mr. FALEOMAVAEGA, Mr. MCDERMOTT, Mrs. CHRISTENSEN, Ms.

ESHOO, and Ms. WATERS) submitted the following concurrent resolution;

which was referred to the Committee on Resources

CONCURRENT RESOLUTION

Expressing the sense of the Congress that a portion of the

budget surplus should be used to fulfill moral and legal

responsibilities of the United States by ensuring proper

payment and management of all federally held tribal

trust fund accounts and individual Indian money accounts.

Whereas in 1820, the United States assumed the role of

trustee for lands belonging to Indian tribes and individual Indians, and the income earned from such lands;

Whereas the Secretary of the Interior, through the Bureau of

Indian Affairs, is responsible for administering the

United States’ fiduciary responsibility over Indian trust
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•HCON 237 IH

funds, which include approximately 1,500 tribal accounts

worth approximately $2,600,000,000 and approximately

390,000 individual Indian money accounts worth approximately $453,000,000;

Whereas each year another $1,000,000,000 passes through

these accounts;

Whereas the General Allotment Act of 1887 divided up much

Indian land and transferred tribal land to individual Indians; as this land is passed down to heirs single allotments

can include dozens of owners and the Bureau of Indian

Affairs must keep accounts for each owner regardless of

the balance of the owner’s account;

Whereas trust fund accounts are comprised primarily of

money received through the sale or lease of trust lands,

and include timber stumpage, oil and gas royalties, and

agriculture fees;

Whereas accounts containing judgment funds awarded to

tribes are also maintained by the Bureau of Indian Affairs;

Whereas the management of Indian trust funds affects almost every agency within the Department of the Interior;

Whereas much has been written about improper management

of funds in general within the Bureau of Indian Affairs;

since its inception as part of the United States War Department in 1824;

Whereas over the years, numerous audits and reports on Indian trust funds have been published by the Inspector

General of the Department of the Interior, the General

Accounting Office, the Office of Management and Budget, and congressional committees detailing mismanagement of funds;
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•HCON 237 IH

Whereas in 1992 the House of Representative issued a report

entitled ‘‘Misplaced Trust: The Bureau of Indian Affairs’

Mismanaged of the Indian Trust Fund’’ which detailed

management problems, including that the trust funds had

never been reconciled, that tribes and individual Indian

money account holders did not receive regular statement

as to the activity in the accounts, and that the bookkeeping practices for the accounts were substandard;

Whereas the Bureau of Indian Affairs reports that it can not

account for at least $2,000,000,000 in trust funds and

was therefore unable to ensure that these funds were directed to the proper accounts as lost documentation over

the decades has left huge gaps in account paper trails;

Whereas Congress passed the American Indian Trust Fund

Management Act of 1994 (P.L. 103–412) which gave the

Secretary of the Interior specific requirements for management of trust funds and established a position of Special Trustee of Indian Trust Funds within the Department of the Interior;

Whereas on June 10, 1996, a class action suit was filed in

United States District Court for the District of Columbia

on behalf of the approximately 390,000 individual Indian

money account holders;

Whereas the historical and legal record demonstrates that the

United States has failed in its fiduciary responsibility to

manage these accounts;

Whereas the Indian trust funds have been listed as one of the

top Federal financial liabilities; and

Whereas the Congressional Budget Office has projected a

$3,000,000,000,000 budget surplus over the 10 years:

Now, therefore, be it
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•HCON 237 IH

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of the Congress that a

3 portion of the budget surplus should be used to fulfill the

4 moral and legal responsibilities of the United States by

5 ensuring proper payment and management of all federally

6 held tribal trust fund accounts and individual Indian

7 money accounts.

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