Department of Interior finally settled the Native American trust case

November 27, 2012

Here’s a headline that shouldn’t be buried in lame duck Congress folderol nor holiday news doldrums:  The U.S. Department of Interior (DOI) and plaintiffs in the Cobell case reached a settlement that the court has approved. This is the end of litigation — parties hope — on the long-running saga of government mismanagement of trust accounts held by the Bureau of Indian Affairs (BIA) for the benefit of Native Americans, over the last century.

Billions of dollars went missing to bad accounting.

Elouise Cobell met with President Barack Obama in the Oval Office, 2010

Elouise Cobell met with President Barack Obama in the Oval Office, in December 2010, after the passage and signing of the Claims Resolution Act of 2010.

Wikipedia has a concise, but thorough enough description of the case and its predecessors:

Cobell v. Salazar (previously Cobell v. Kemp- thorne and Cobell v. Norton and Cobell v. Babbitt) is a class-action lawsuit brought by Native American representatives against two departments of the United States government. The plaintiffs claim that the U.S. government has incorrectly accounted for the income from Indian trust assets, which belong to individual Native Americans (as beneficial owners) but are managed by the Department of the Interior (as the legal owner and fiduciary trustee). The case was filed in the United States District Court for the District of Columbia. The original complaint asserted no claims for mismanagement of the trust assets, since such claims could only properly be asserted in the United States Court of Federal Claims.

Arguments, appeals and deeper investigation strung the case out; lead plaintiff Elouise Cobell, a member of the Blackfoot Tribe, did not live to see the end of the case (she died in 2011).

It’s difficult to judge whether justice has been served in this case, and that judgment may not be ripe for many years.  Ending the litigation should create some hope for better conditions on Indian Reservations, and for Native Americans across the nation.  Especially the education benefits of the law required to settle the case, could provide a foundation for future prosperity of the affected tribes and people.

DOI announced the settlement in a press release November 26 (links in the body of the release added here):

Salazar Announces Final Steps on Cobell Litigation and Implementation of Settlement


Settlement includes land consolidation program to help promote tribal self-determination and strengthen economic development

11/26/2012

WASHINGTON, D.C. – Secretary of the Interior Ken Salazar today lauded the final approval of the Cobell settlement and outlined steps that Interior will take to help implement the historic $3.4 billion settlement. The settlement resolves a long-running class action lawsuit regarding the U.S. government’s trust management and historical accounting of individual American Indian trust accounts. It became final on November 24, 2012, following action by the Supreme Court and expiration of the appeal period.

“With the settlement now final, we can put years of discord behind us and start a new chapter in our nation-to-nation relationship,” said Salazar. “Today marks another historic step forward in President Obama’s agenda of reconciliation and empowerment for Indian Country and begins a new era of trust administration.”

The settlement includes a $1.5 billion fund to be distributed to class members for accounting and potential trust fund and asset mismanagement claims. The settlement also includes a $1.9 billion fund for a land consolidation program that allows for the voluntary sale of individual land interests that have “fractionated,” or split among owners, over successive generations. Fractionated land can have many owners – sometimes hundreds or more – diminishing the land’s value and making it difficult for individuals to use the land for agriculture, business development, or housing from which tribes can benefit. Up to $60 million of the $1.9 billion fund may be set aside to provide scholarships for American Indians and Alaska Natives to attend college or vocational school.

“This marks the historic conclusion of a contentious and long running period of litigation,” said Hilary Tompkins, Solicitor for the Department of the Interior. “Through the hard work and good will of plaintiffs, Interior and Treasury officials and Department of Justice counsel, we are turning a new page and look forward to collaboratively working with Indian country to manage these important funds and assets.”

Payments to Claimants
The Claims Administrator will now begin overseeing disbursement of the $1.5 billion to nearly 500,000 class members. The court previously approved GCG, Inc., as the Claims Administrator. The Department of the Treasury will transfer the $1.5 billion to an account at JP Morgan Chase, a bank approved by the court. Per the terms of the settlement agreement, Interior’s Office of the Special Trustee (OST) has assisted GCG with its database by supplying contact information of individual class members from its records.

“We will continue to work with GCG to ensure it has the information it needs to make expeditious and accurate payments,” Deputy Secretary of the Interior David J. Hayes said. “At the same time, we’re focused on making meaningful improvements to our trust administration so that we’re more transparent, responsive and accountable in managing these substantial funds and assets.”

Trust Land Consolidation Program
The Department of the Interior will use $1.9 billion from the Trust Land Consolidation Fund to acquire interests in trust and restricted lands that have “fractionated” over successive generations since the 1880s.

Individual owners will be paid fair market value for such interests with the understanding that the acquired interests will remain in trust and be consolidated for beneficial use by tribal communities. Interested sellers may convey their fractional interests on a voluntary basis. Currently, there are over 2.9 million fractional interests owned by approximately 260,000 individuals.

While the settlement was pending, Interior held a series of consultation meetings with tribes in 2011 to ensure that this landmark program incorporates tribal priorities and promotes tribal participation in reducing land fractionation in a timely and efficient way. These discussions informed a draft land consolidation plan released in February of 2012. Interior is incorporating public comments and expects to release an updated plan by the end of the year for additional consultation.

“The land consolidation program is our chance to begin to solve a fractionation problem that has plagued Indian country for decades,” said Interior Assistant Secretary of Indian Affairs Kevin K. Washburn. “We are anxious to get started. We know that Interior’s continued outreach through consultations with Indian Country is a crucial component to accomplishing truly open government-to-government communication”

Congress approved the Cobell settlement on November 30, 2010 as part of the Claims Resolution Act of 2010. President Obama signed the legislation on December 8, 2010. The district court approved the Cobell settlement on August 4, 2011 and it has been upheld through the appeals process.

For additional information about the individual class-action payments, please contact GCG, Inc. at 1-800-961-6109 or via email at Info@IndianTrust.com

For additional information on the Trust Land Consolidation Program, please visit http://www.doi.gov/cobell/index.cfm

More:

  • Page in memory of Elouise Cobell, the lead plaintiff in the case — who died in 2011; President Obama described Ms. Cobell, and the litigation, in remembering her:  ¶”As treasurer of the Blackfeet Nation, Elouise spoke out when she saw that the federal government had failed to account for billions of dollars that it owed to hundreds of thousands of her fellow Native Americans. In 1996, she filed suit, and for 15 years, tirelessly led a legal battle, with seven trials, 10 appeals, and dozens of published decisions. She fought her battle not just in the courts, but in the halls of Congress before finally securing justice for more than 300,000 American Indians and Alaska Natives in the form of a $3.4 billion settlement.  ¶”The agreement reached in Cobell v. Salazar marked the largest government class-action settlement in our nation’s history. The scholarship fund this settlement established will give more Native Americans access to higher education. Tribes will have more control over their own lands. Elouise’s tireless efforts strengthened the government-to-government relationship with Indian country, and a generation of Native Americans and all Americans has seen the promise of justice realized.  ¶”Last December, I had the privilege to meet with Elouise in the Oval Office prior to signing into law a bill to make things right. The Claims Resolution Act of 2010 is a direct result of the settlement that bears her name. It is proof of an enduring American idea – that change is always possible.”

Anti-Obama blogger indicted for threatening Secret Service agent

April 19, 2009

You think some of those who deny Obama’s eligibility sound a little crazy?

Seems to be an accurate perception.  From The Oregonian (via OregonLive.com):

A Springfield blogger is accused of threatening the life, limbs and lower alimentary canal of a Secret Service agent.

James T. Cuneo, 43, was indicted Thursday on charges of making a series of threats against Special Agent Ronald Brown in the course of his official duties.

This was strange turnabout for Brown, whose job in the agency’s Presidential Protection Division is mainly to thwart threats against the commander in chief. For the first time in his 15-year career, Brown wrote in federal court papers, someone was repeatedly harassing him.

There’s a difference between a dog on a bone and a psychotic; some of the Obama denialists appear to have blurred the difference.  Cuneo’s complaint appears to revolve around the same issue that set off Texas Darlin’ and a few dozen others.  Cuneo escalated the thing; let’s hope no others do the same.

On Oct. 16, Brown and Springfield police detectives dropped in on Cuneo to chat about threats he had allegedly made about Google executives on his Internet blog: walkndude.wordpress.com. (WordPress has taken the site offline for violation of its terms of service.)

“Cuneo was extremely belligerent, refused to answer questions and became increasingly threatening,” Brown wrote in an arrest affidavit. “We left the driveway of Cuneo’s residence without further incident.”

Cuneo then began to phone the Secret Service office in Portland, threatening Brown and others, the government alleges. “Cuneo,” Brown wrote, “seems to think that we are aiding and abetting the ‘illegal U.S. President’ and that he and others need to arrest us for not doing our job.”

Brown says Cuneo phoned him in January and, with a colorful series of expletives, threatened him with physical harm, including execution by hanging, electric chair or firing squad. Those threats — and Cuneo’s history of violence — concerned federal officials, according to Brown’s affidavit.

Time to get back to real issues.  2010 is around the corner, 2012 is not much farther.

And, by the way, a federal judge in the District of Columbia issued an order dismissing one of the many nuisance suits filed by the denialists (styled Hollister v. Soetoro) , stating clearly that the suits are nuisances and asking for a showing of why sanctions under Rule 11 of the Federal Rules of Civil Procedure should not be applied.  In short, the judge has ruled that the case against Obama’s eligibility is so rank and utterly without substance that any lawyer of average intelligence and sound mind should know better than to trouble a court with it.  I think this is from the court’s order:

Because it appears that the complaint in this case may have been presented for an improper purpose such as to harass; and that the interpleader claims and other legal contentions of the plaintiff are not warranted by existing law or by non-frivolous arguments for extending, modifying or reversing existing law or for establishing new law, the accompanying order of dismissal requires Mr. Hemenway [the attorney of record] to show cause why he has not violated Rules 11 (b) (1) and 11 (b) (2) of the Federal Rules of Civil Procedure, and why he should not be required to pay reasonable attorneys fees and other expenses to counsel for the defendants.

Crazier fringes of the anti-Obama guild claim that a letter from Obama’s attorneys asking that the suit be dropped is “threatening.”  It’s not threatening to tell the schoolyard bully to straighten up.  How much ozone have these people depleted?

Update: Yes to Democracy also carries news on the March 24 action by Judge Robertson.  When do the denialists finally wake up, smell the coffee, smell the stale beer cans, pinch themselves, take a shower and get on with life?  So, to sum up:  A judge in Washington, D.C., has dismissed the suit and called the bluff of the plaintiffs and stealth plaintiffs; Huffington Post revealed the financial stake of WorldNet Daily in continuing to finance the suits, and in pushing the suits improperly; and a federal prosecutor won an indictment of a blogger who started rumbling about taking violent action in favor of the Birthers, and who failed to heed warnings to tone down his vitriol.  Have the birthers figured it out yet?

Tip of the old scrub brush to Micah.

Resources:


Supreme Court tryouts

March 20, 2009

Elena Kagan took the oath of office to be the nation’s top lawyer, the Solicitor General, last Friday.  The Associated Press is running a story (here from the Sacramento Bee) on whether this is a tryout for the Supreme Court itself, “Obama could make top high court lawyer a justice.”  (Isn’t that a tortured headline?)

Three justices may want to retire soon:  Justice John Paul Stevens is 88 years old.  Justice Ruth Bader Ginsburg is 76, and back on the court in record time after surgery for pancreatic cancer.  Justice David Souter is third oldest, at 69.

So, this AP story could be a good article for use in government classes.  Consider these questions:

  • Is Solicitor General a stepping stone to the Supreme Court’s bench?
  • What is the role of the Solicitor General?
  • How important is Supreme Court experience, or experience in other courtrooms, to success in arguing before the Supreme Court?
  • What are some of the top cases before the Supreme Court this term, and what are the potential and likely results of these appeals?
  • What is the role of the U.S. Senate in selection of federal judges, and especially in the selection of Supreme Court justices?
  • Kagan clerked for Justice Thurgood Marshall.  What do law clerks do for justices?  What does her clerking suggest for Kagan’s advocacy of Voting Rights Act issues, since she worked with Justice Thurgood Marshall?

Resources:


African nations back off of limited DDT use

August 7, 2008

Anti-DDT business interests appear triumphant, if only temporarily,  in their efforts to stop the use of DDT in the fight against malaria.

ProtectAfrica.com reports use of DDT has been stopped in northern UgandaNine corporations sued to stop the sprayingNew Visions reports a shift to a chemical named ICON for use in Indoor Residual Spraying, designed to protect people against mosquitoes in their homes.

I have links to stories saying Rwanda has abandoned DDT in the past few weeks, but none of the links work.

Meanwhile, from The East African in Nairobi, Kenya, comes the report that Tanzania became the first East African nation in recent years to use DDT for limited, indoor spraying. [But be wary of this source; the article also claims many nations outlawed DDT after 1972; not accurate in Africa, nor most other places.]

There is high irony in businesses opposing the use of DDT when environmental organizations in other nations do not oppose it.


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