Marcella
Burgess Cues
Attorney
at Law
926
Ridge Drive (703)
827-0225 (0)
Mclean, VA 22101 (703) 827-0086 (FAX)
(703) 623-8360 (CELL)
jbgiles@msn.com
TO: ITMA
From: Marcella
Date: May 11, 2005
Re: Trust Reform Conference Call,
1:15 — 1:50 p.m.
MEMORANDUM
Wilson Pipestem led call. He stated that lots of work was
accomplished at Albuquerque last
week. Steve Kelly will disseminate principles as developed with rationales thus
far but did not have the papers today. We are still on track with the idea that
the work groups are developing principles in the four areas of asset
mismanagement, trust reform, historical accounting and land consolidation.
Wilson
asked to move to developing the Tacoma
agenda. John Dossett noted that tribes are interested
in participating in discussion of tribal asset mismanagement issues as similar
to individual asset mismanagement. John Dossett said
tribes, (apparently Northwest tribes) are anxious for people to understand
their bill — main tribes
are Lummi, Hoopa, Quinault, and Colville. Alan Parker
drafted the bill accordingly.
Wilson
asked what the relationship was between the ATNI bill and the bill developed by
Jennifer for USET and Cheyenne River? Charlie Hobbs was on the line but was not acquainted with
the bill. J. Dossett believed it followed a self
governance model with the focus on independent oversight and who does audits.
NARF, Keith, said their position is clear that the government is liable in any
event.
Flathead said
they simply follow policies of OST with no problems. J. Dossett
said Salt River follows DOI but referred to some differences ? at Salt
River.
Dossett stated that tribes want to manage trust management
plans. Wilson asked if that would
not come under the protection of sovereignty because tribes already have that
right to manage tribal management plans? Dossett said well, whether the Interior follows those plans
is discretionary. Pete Taylor pointed out this was not discretionary under the
Timber Acts (
and I believe under some of the Agriculture Acts as well). Helen
Sanders stated she was getting heartburn and would give her opinion after the
conversation. All was quiet and Pete said Helen gave him heartburn to know her
position. I believe Pete represents some of the Sioux tribes or associations.
*This may be an issue to monitor and may need some legal review.
A
representative from ATNI (I will get her name) announced that ATNI made an
exception to the normal practice of not scheduling two events on dual tracks,
so Pres. Stensgar allowed the Tech.Work
Group and Tribal TR Work Group to be scheduled. Wilson
made a point of asking her to express to Stensgar the
Tech Group’s appreciation for being flexible. (I assume Stensgar
will remain president of ATNI but as you know was voted out as chair and has
resigned. He remains on the Council) She stated the Tribal TR Work Group was
scheduled for the 19th from 1 pm to 5 pm.
Pres. Stensgar would open. Chief Gray would provide update.
Senate and
House would comment on status of legislation. Self Governance issues would be discussed.
Pete Taylor
asked if Interior was involved in discussions because as he understood McCain
at the hearing to say tribes and Interior would develop a consensus. Keith
asked if that was so???
Wilson
said David Mullon had not pushed for any such negotiations
and stated that David was expecting principles developed with rationale and
that the legislation is not a unified bill.
Will suggested
that the agenda for the Tech WG should include Alan Parker, Jeff Stomer, Gary Morishima, and Helen
Sanders. After a few comments all agreed they would present and an updated
paper of principles would be disseminated from Steve Kelly.
Meeting
concluded at 1:55 pm.
Marcella Burgess Giles
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