Tribal Land Enterprise - A Time to Act

The Rosebud Sioux Tribe "RST" Corporate Charter which was ratified on March 16, 1937 enumerated corporate powers that the Rosebud Sioux Tribal Council could exercise. The corporate powers were in Section 5 of the Corporate Charter and included 5(c): “To issue interests in corporate property in exchange for restricted Indian lands, the forms of such interests to be approved by the Secretary of the Interior.”

The corporate powers were exercised in 1943 when Tribal Land Enterprise "TLE" was authorized as a “subordinate organization under the Rosebud Sioux Tribal Council.” (TLE Bylaws § 1) Pursuant to the corporate powers granted to "RST," "TLE" was authorized to issue Certificates of Interest, and the only authority to issue those certificates was in exchange for trust land, or land to be conveyed into trust. (TLE Bylaw § 27)

Management authority was given to a Board of Directors which was authorized to act “subject to approval of the Superintendent [Bureau of Indian Affairs "BIA"].” . (TLE Bylaw § 14) "TLE" certificate value was to be adjusted annually based on the market value of the "TLE" land. (TLE Bylaw 28). All funds collected for "TLE" remained trust assets, deposited in IIM accounts or such accounts approved by the "BIA;" "TLE" was also required to keep duplicate records with the "BIA" for all land transactions. (TLE Bylaw 38)

Audits of "TLE" are required: “The Rosebud Sioux Tribal Council shall cause an annual audit to be made on the accounts and records of TLE.” (TLE Bylaw 40). Cash income from land, which is obviously personal property, is treated as a trust asset. "TLE" certificates of interest which are also personal property, but which specifically represent only one thing, and that is interests in trust land, have not been treated for, or accounted for, as trust property. 

As the Cobell settlement looms on the horizon the Rosebud Sioux Tribal Council and "TLE" remain on the sidelines. An agreement "TLE" had made to comply with its legal duty and obtain a full audit of its records was stopped by Rosebud Sioux Tribal Council Resolution No. 2006-198. That accounting is legally required, and has to be completed. 

The "BIA" has been aware of its trust responsibilities to "TLE" since its incorporation in 1943 and has blatantly ignored its trust responsibility. Based on records that are available the total claim for "TLE" and its certificate owners may exceed $200,000,000.