Authority and to review its activities. This section requires the Board to report annually to the President and the Congress on the activities of the Authority. Section 4 authorizes the Board, without regard to the civil service laws, to appoint and prescribe the duties of the chief legal officer for the Authority, who shall be called the Indian Trust Counsel, at level V of the Executive Schedule, and a Deputy Indian Trust Counsel, who shall be a grade GS-18.

Section 5 authorizes the Authority to appoint and fix the pay and prescribe the duties of attorneys it employs. It also authorizes the Authority to appoint and fix the compensation of needed special counsel and experts. Finally, it authorizes the attorneys or special counsel appointed by it to appear for and represent the Authority in any case before any court, commission or administrative proceeding pertaining to its responsibilities. In order to deal with conflicting requests for the Authority's assistance, the Board is provided with authority to hire experts or special counsel to represent one or all of the parties involved.

Section 6 authorizes the Authority to hire such other employees as it deems necessary.

Section 7 provides that the Authority shall be free of control by any Executive Department.

Section 8 authorizes the Authority, with the consent of any aggrieved Indian or Indian tribe, band, or other identifiable group of Indians, to render legal services in regard to rights or claims of the Indians in relationship to their natural resources. The Section spells out the kinds of natural resource rights and interests to be protected by the Authority. The Authority's exercise of its responsibility to protect Indian resources does not absolve the Department of the Interior or the Department of Justice is relieved of its responsibility to represent Indians with regard to natural resources-the same responsibility which the Trust Counsel Authority will assume. This section also provides that the Authority may perform such services as the investigation and inventorying of Indians' land and water rights and the preparation, trial and appeal of cases involving the natural resources of Indians in all courts and before Federal, State, and local commissions and administrative bodies.

Section 9 authorizes the Authority, with the consent of any aggrieved Indian, Indian tribe, band, or other identifiable group of Indians, acting in the name of the United States as trustee for the Indians, to initiate and prosecute to final judgment in all Federal courts against the United States or any of its officers or employees, or in the Federal or State courts against any of the States, their subdivisions, departments or employees or against any persons or corporations, public or private, all actions in law and equity for the protection of the natural resource interests and rights of the Indians. The United States waives its sovereign immunity to suit in connection with litigation initiated by the Authority under this section. Suits against the United States and its officers and employees shall be tried before the court without a jury.

Section 10 provides that the powers granted the Authority by this Act shall not extend to the filing or prosecution of or intervention in any action, claim, or other proceeding against the United States relating to any matter as to which a claim has been filed or could have been filed before the Indian Claims Commission or under any special statute authorizing a suit to be brought against the United States but makes it clear that the prohibition does not include suits that could be brought under the provisions of sections 1346 (a) (2) and 1491, title 28, U.S.C. The Authority can assist in cases pending before the Indian Claims Commission if so requested.

Section 11 enumerates the authorities of the Authority.

Section 12 authorizes the appropriation of funds necessary to carry out the provisions of the Act.

[A BILL To provide for the creation of the Indian Trust Counsel Authority, and for other purposes.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in reaffirming the trust and treaty relationship between the United States of America and the American Indians, and between the United States and the Alaska Natives, which Indians and Natives are hereinafter referred to as "Indians", the purpose of this Act is to establish an Indian Trust Counsel Authority to provide independent legal counsel and representation for the preservation and protection of the natural resource rights of the Indians.

SEC. 2. (a) The Indian Trust Counsel Authority, hereinafter referred to as the Authority, is established as an independent agency in the Executive Branch.

(b) The Authority shall be governed by a Board of Directors composed of three members to be appointment by the President by and with the advice and consent of the Senate.

(c) At least two of the members of the Board of Directors shall be Indians.

(d) The terms of office of members of the Board of Directors shall be four years, except that, of the first three members appointed, for a two-year term, one shall be appointed for a three-year term, and one shall be appointed for a four-year term.

A member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Upon the expiration of his term of office, a member shall serve until his successor has been appointed and qualified. A member of the Board of Directors may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office.

(e) The President shall designate one of the Directors to serve as Chairman at his pleasure.

(f) The members of the Board of Directors shall receive pay at the daily equivalent of the rate provided for grade GS-18 in section 5332 of title 5, United States Code, for each day they are engaged in the business of the Authority, and shall be allowed travel expenses, including a per diem allowance as authorized by section 5703 of title 5, United States Code, in connection with their services for the Authority.

SEC. 3. The Board of Directors shall convene at the call of the Chairman, but must convene at least once each quarter, to set policy for the Authority and review its activities. The Board of Directors shall report to the President and the Congress annually on the activities of the Authority.

SEC. 4. The Board of Directors shall, without regard to the provisions of title 5. United States Code, governing appointments in the competitive service, appoint and prescribe the duties of a chief legal officer for the Authority, who shall have the title of Indian Trust Counsel, and who shall be paid at a rate equal to that provided for in level V of the Executive Schedule (5 U.S.C. 5316), and a Deputy Indian Trust Counsel, who shall be paid at a rate not in excess of that provided for grade GS-18 in section 5332 of title 5, United States Code.

SEC. 5. (a) The Board of Directors shall appoint, fix the pay of, and prescribe the duties of such attorneys as it deems necessary after consulting with the Indian Trust Counsel.

(b) The Board of Directors shall appoint and fix the compensation of such special counsel and experts as it deems necessary.

(c) Attorneys or special counsel appointed under this section may, at the direction of the Authority, appear for or represent the Authority in any case in any court, before any commission, or in any administrative proceeding.

(d) The Board of Directors may, in the event of a conflict between parties requesting the assistance of or the representation of the Authority under the provisions of section 8 or 9 thereof, hire special counsel or experts to assist or represent one or all of the parties.

SEC. 6. The Board of Directors shall, subject to the provisions of title 5, United States Code, appoint such employees as it deems necessary in exercising its powers and duties.

SEC. 7. The Authority, in the exercise of its functions, shall be free from control by any Executive Department.

SEC. 8. The Authority, with the consent of an aggrieved Indian, Indian tribe, band or other identifiable group of Indians, is authorized to render legal services in regard to rights or claims of the Indians to natural resources, including, but not limited to, rights to land, rights to the use of water, timber, and minerals, and rights to hunt and fish, within the United States' trust responsibility owing to the Inidans, which services are now rendered by the Department of the Interior or by the Department of Justice, but nothing in this Act shall absolve the Department of the Interior and the Department of Justice of their responsibilities to the Indians, including those which derive from the trust relationship and any treaties between the United States and any Indian or Indian tribe: Provided, That the Department of Justice as of the effective date of this Act or as soon thereafter as practicable, is relieved of its responsibility to represent Indians or Indian tribes with regard to their rights or claims to natural resources, including, but not limited to, rights to land, rights to the use of water, timber, minerals, and rights to hunt and fish. The legal services performed pursuant to this section may include, but shall not be limited to, the investigation and

inventorying of Indians' land and water rights, and the preparation and trial and appeal of cases in all courts, before Federal, State and local commissions, and in all administrative proceedings.

SEC. 9. The Authority, with the consent of an aggrieved Indian, Indian tribe, band or other identifiable group of Indians, acting in the name of the United States as trustees for the Indians, may initiate and prosecute to judgment in all courts of the United States suits against the United States, its officers and employees, and in all courts of the United States, and of the States, suits against any of the States, their subdivisions, departments and agencies, or against persons and corporations, public or private, all actions in law and equity for the protection, preservation, utilization, conservation, adjudication or administration of natural resources or interests therein had or claimed by the Indians, including, but not limited to, rights to land, rights to the use of water, timber, and minerals, and rights to fish and hunt. The Authority is authorized to prosecute appeals in all courts of the United States and of the States, and to intervene in any Federal, State, or local administrative proceeding in order to protest the rights of the Indians. The United States waives its sovereign immunity from suit in connection with litigation initiated by the Authority under this section. Any such suit against the United States, its officers, and employees shall be tried to the court without a jury.

SEC. 10. The powers granted to the Authority by this Act shall not extend to the filing or prosecution of or intervention in any action, claim, or other proceeding against the United States relating to any matter as to which a claim has been filed or could have been filed under the Indian Claims Commission Act of 1946, as amended, or any other special statute authorizing a claims suit to be brought by Indians against the United States but shall extend to section 1346 (a) (2) and 1491 of title 28, United States Code: Provided, however, that the Authority may assist any Indian requesting such assistance in its claim pending before the Indian Claims Commission.

SEC. 11. The Authority is authorized to:

(1) Make such rules and regulations as it deems necessary to carry out its functions.

(2) Request from any department, agency, or independent instrumentality of the Government any information, personnel, services, or materials it deems necessary to carry out its functions under this Act; and each such department, agency or instrumentality is authorized to cooperate with the Authority and to comply with a request to the extent permitted by law, on a reimbursable or non-reimbursable basis.

(3) Receive and use funds or services donated by others.

(4) Make such expenditures or grants, either directly or by contract, as may be necessary to carry out its responsibilities under this Act.

SEC. 12. There are authorized to be appropriated to the Authority created herein such sums as may be necessary to carry out the provisions of this Act.

Mr. MEEDS. Let me at first express to our host, Don Young, the very fine member from Alaska, to the people of Alaska, to the Tlingits and their leadership, our thanks for the very fine treatment that we have had since arriving in Alaska.

It is a real pleasure and honor to be in this beautiful State. We appreciate all that has been done for us.

We are meeting today, taking this opportunity of the congressional recess, to come to Alaska and to take testimony on H.R. 6106, H.R. 6374, H.R. 6494 introduced by myself. Mr. Saylor and Mr. Culver, respectively. This legislation provides for the establishment of an independent agency in the executive branch, the Indian Trust Counsel Authority, to provide legal services and representation of Indian tribes in the protection of the natural resources and other trust assets. This is legislation proposed by Mr. Saylor at the request of the administration and, at least in concept, has the support of most of the Indian world.

The purpose of the legislation is to eliminate, to the greatest practical extent, the conflicts of interests which plague the United States

in the administration of its trust responsibility to Indian people. These conflicts are most evident in the operation and conduct of the Interior and Justice Department programs and policies.

It is more than fitting and timely that the subcommittee opens its hearings on this important legislation here in Alaska.

I was personally involved in pushing enactment of the Alaska Native Claims Settlement Act. The major purpose of that act was a compromise settlement of legitimate Native rights to the lands in Alaska. The settlement was partially land-40,000,000 acres of land-and partially money. As I said in the committee debates and on the floor of the House, this was not a gift to the Natives, but a recognition and settlement of their legitimate interests. While the public interest, the interests of the State of Alaska, and private interests were definitely considered and were definitely a factor, this was not a bill enacted for the benefit of the Bureau of Land Management or the National Park Service.

Yet, in the almost 2 years since enactment, we have seen the Department of the Interior, acting primarily through the Bureau of Land Management, distort the intent of Congress in passing the law and violate the spirit-if not the letter of that law-by promulgating harsh, restrictive regulations and making new law by administrative fiat.

This is the same Department which drafted and forwarded to the Congress the legislation which this committee is considering today. This is the same Department which for decades, has been charged with administering the trust responsibility of the United States for Indian affairs.

I might say it ill behooves the Department to recognize its conflicts of interests and propose remedial legislation, and then to abdicate its existing, poorly fulfilled trust duties by contesting with the natives and their interests every foot of the way in implementing the Claims Settlement Act.

Department officials have bruited about the congressional intent for over a year and a half in implementing this legislation designed for the benefit of the Natives. I will say that Congress did not intend that the Natives be required to dissipate their hard-won victory by fighting the bureaucracy and conflicts within the Department.

The trust counsel proposal is commendable in its concept. But congressional approval or disapproval of the proposal has no bearing on the high fiduciary obligation of the Department in the first interest to protect and advance the rights of the Indian and Native people. In fact, having admitted inherent difficulties in fulfilling that responsibility, the Department ought to be in a posture of more conscientiously adhering to its duty rather than frustrating the interests of Natives and villages.

When the subcommittee has finished its hearings here in Alaska, and it is our intent to cover the State in 6 days, we will have a clearer idea of what further responsibility and role the Congress has, both with respect to the Settlement Act and with respect to moving further on the administration's trust counsel legislation.

The Chair recognizes the gentleman from Alaska for a statement. Mr. YOUNG. I would like to thank the chairman, my good colleague and a true friend of Alaska in both cases, not only the Native land

claims, but the recent legislation that I believe led me to speak up with vigor and sincerity and a great deal of expertise which I do not possess. This trip today, this trip into Alaska now is to see whether departments have failed in their implication primarily this is my feeling, because I have heard many comments, comments that things are not working as smoothly as we would like to see them work. I don't think this is justified. I know this wasn't the Congress purpose. I hope we are able to obtain factual information, what should be done, what can be done, and when we finish with these hearings we will both be better prepared to deal with the problems as they come up in Washington, D.C.

It is good to be here. It is great to be back home, and I think we ought to get on with the witnesses.

Mr. MEEDS. Thank you very much.

The first witness of the morning is John Borbridge, president of Sealaska Regional Corp. John, please come forward.

John was a very decisive factor in helping in the promulgation and passage of the act initially. He is now president of the Sealaska Regional Corp., which is one of the larger, if not the largest, regional corporation.

John, we are delighted to have you before the committee this morning. Please proceed. You have a statement here which you may read into the record or summarize.

You have two gentlemen with you. Would you please introduce those gentlemen for the record?

STATEMENT OF JOHN BORBRIDGE, JR., PRESIDENT, SEALASKA CORP., JUNEAU, ALASKA, ACCOMPANIED BY DONALD BEIGHLE, ATTORNEY, AND ROGER ALLINGTON, LAND OFFICER

Mr. BORBRIDGE. Seated on my right is Donald Beighle, the attorney for the Sealaska Corp.

On my left is the staff engineer of the Sealaska Corp., Mr. Roger Allington.

I would ask, Mr. Chairman, that they be allowed not only to be seated with myself, but also with the respective witnesses from the various communities who are on the witness list and are prepared to appear today.

Mr. MEEDS. Without objection, so ordered.

Mr. BORBRIDGE. Thank you.

My name is John Borbridge, Jr. I am president and chairman of the board of directors of Sealaska Corp., the native regional corporation for southeast Alaska. It is a personal pleasure to welcome the committee to southeast Alaska. The legislation as proposed in H.R. 6106, which would create an Indian Trust Counsel Authority, appears to have considerable merit.

The Indian Trust Counsel Authority as a concept could be of considerable benefit in bridging the gap between the American Indian people and the Federal Government. The legislation recognizes the conflict of interest which is often present when the Federal Government is dealing with Indian property. Too often, the Indian people were forced to rely on the Department of the Interior and the Department of Justice to preserve and protect their rights, only to dis

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