Background:
The BIA was established on March 11, 1824 and is subsumed under the Department of the Interior as the agency that overseas Indian Affairs. What does “oversea” mean? Essentially it is a policy of treating Native Americans as orphaned children. As long as Indians maintain an identity as primarily a member of a tribe, as opposed to an independent US citizen, they are dealt with differently. The BIA, among other functions, is charged with “holding” Indian owned assets (land and the proceeds from the land) for the benefit of the Indians.
The “land” is that which was ratified by the Congress in 1895 as owned by Indians tribes and their members. These assets are “held” in trust – therefore, there is a fiduciary responsibility to maintain the assets solely for the benefit of the owners. In the past, only if Indians removed themselves from themselves from collective ownership of land would benefits accrue to them.
The Bureau administers 43,450,266.97 acres of tribally owned land, 10 million acres of individually owned land, and 309,189 acres of federally owned land held in trust status. The BIA is also responsible for leasing the land for agricultural use and managing the land for the removal of natural resources from the land. The lease payments and mineral right royalties are collected by the BIA and held in trust to be paid to the Indians. At any given point in time $2.5 billion is in the combined Individual Indian Money and Tribal Accounts
On June 10, 1996, the Native American Rights Fund (NARF), together with a number of attorneys, representing individual Native Americans, filed a class action lawsuit against the federal government claiming that the government failed to properly manage Indian Trust funds. Continue reading ‘The Case of the Disappearing Assets’










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