http://www.indiantrust.com/
The $7 Billion Offer That Never Was
A number of news accounts – particularly The Associated Press - are incorrectly saying that the plaintiffs have rejected a $7 billion offer from the government to settle the Indian Trust lawsuit. That simply isn’t true.
Here are the facts:
The government has never offered to settle the Cobell vs. Kempthorne lawsuit at any price. Every proposal made by plaintiffs and by mediators to settle the case has been rejected by the government.
The Bush administration in March 2007 suggested it was willing to spend $7 billion over 10 years to resolve a wide range of major Indian issues, including land fractional land claims, the Cobell suit, all individual land mismanagement claims, the 100 plus trust lawsuits filed by tribes and pay for all of trust reform as well.
Oh yes, and it also included provisions to deny Indians any right to bring any future lawsuits for future mismanagement no matter how egregious. That final provision was essentially a license to steal.
This proposal was universally condemned by everyone not associated with the government, including a wide range of Native leaders.
It never went beyond conceptual testimony to the Senate Indian Affairs Committee. And it contained no specific amount to settle the Cobell litigation.
In testimony before the committee Ms. Cobell said the figure was insufficient to settle her case alone. "This is not an offer -- instead, it is a slap in the face for every individual [with] trust fund litigation," she said. She did note that a mediator had suggested recoveries could run between $7 billion to $9 billion in the case. She said she "would want to talk about that more." Hardly a rejection.
But the Bush administration never followed up on her overture. In fact, federal officials have never made any offer to the Cobell legal team to settle the class action lawsuit for any specific amount.
In 2006, the Senate Indian Affairs Committee did introduce legislation to settle the lawsuit without a specific dollar amount. The Committee later amended that bill to include an $8 billion figure but the bill never moved out of the Senate Indian Affairs Committee because of objections raised by the government.
Lawyers for the Justice Department and the Interior Department have made clear throughout the Cobell litigation that the government's firm position is that the Individual Indian Money (IIM) Trust is not a real trust and that Indians are owed nothing no matter how much money and other assets are missing or have been looted from the Trust.
The position of the Cobell plaintiffs has long been that we will consider reasonable offers from the United States to resolve this case.
Unfortunately, none has been put forth.
Who is telling the truth about the Indian Trust? You decide.
Check brochures produced by the plaintiffs in Cobell vs. Kempthorne against a taxpayer-funded brochure produced by Interior SecretaryKempthorne .
The plaintiffs' brochure accurately describes the status of Kempthorne's continuing failures to reform the long-broken Indian Trust. The plaintiffs have challenged Secretary Kempthorne to submit his brochure to the federal courts for review.
Click here for the Plaintiff's brochure
Click here for the government's brochure
There is no restriction on oral (spoken) communications between the government and Individual Indian trust beneficiaries for those who wish to sell, exchange, convey or convert their Trust land. The U.S. District Court for the District of Columbia confirmed this on October 22, 2004; however, written communications from the BIA and other bureaus or offices within the Interior Department concerning the sale, exchange, conveyance, and conversion of Trust land (and the historical accounting) must include a Notice prescribed by the Court.
Click here to view the Memorandum & Order governing land sales.
224.0 KBs
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07/24 Lead Plaintiff Comments on Court Ruling
07/24 Court of Appeals Opinion. Appeals Court revives government's duty to render an equitable accounting. 43.4 KBs
05/29 Department of Interior Computers Missing, Report Finds
05/11 INDIANS ASK APPEALS COURT FOR JUSTICE
05/03 Indian Trust Lawyer Dies in Washington
04/10 IG: Interior's networks weren't secure in 2008
04/08 Plaintiffs Notice. Plaintiffs provide notice to the appeals court of recent Supreme Court case. 986.2 KBs
04/06 Plaintiffs Notice. Plaintiffs provide notice to the district court of former-Secretary Kempthorne's admission that he was aware of the IG Report and his representations contained in his quarterly reports. 24.7 KBs
04/05 Report Says Interior Dept. Failed to Secure Network
04/02 Internal report contradicts Interior's claims that systems were secure
04/02 Notice. Plaintiffs file with the court of appeals a notice of DOI IG report finding IIM IT security still vulnerable to cyber attack. 1.5 MBs
04/01 Plaintiffs Notice. Plaintiffs file notice of DOI IG report finding IIM IT security still vulnerable to cyber attack. 18.4 KBs
03/28 A Time for Change? President Obama on Indian Country and Native Nations
03/23 Why Indian Country Is Disappointed: Cobell Questions Willingness to Settle Suit
03/23 Plaintiffs' Response and Reply. Plaintiffs file their response and their reply in support of their appeal of the district court's award of $455.6 million. 170.4 KBs
03/23 Cobell disappointed with Obama administration
03/13 Court of Appeals Order. Court orders oral argument for May 11 at 9:30am. 29.8 KBs
03/11 Indian plaintiff says Salazar comments insulting
02/22 The edge: Quote of the week; An editorial from Montana
02/18 Beargrass: A New Mexico Blog Cautions "The proof will be in the pudding" the Obama administration makes in settlement talks
02/17 Hopes Run High for Trust Suit Settlement with Obama Administration
02/13 COBELL WELCOMES SECRETARY'S STATEMENT ON INDIAN TRUST LAWSUIT
02/01 Criminal review of scandal-ridden agency an easy call for Salazar
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