By Shannon K. Jones
Staff Reporter
After a nine-year standoff in the Cobell v. Norton class action lawsuit on trust settlement, it seems both parties are closer to an agreement than ever before. Plaintiff Elouise Cobell announced the tentative agreement during a press conference held on Monday, June 20, via teleconference at the National Press Club in Washington, D.C.
The Cobell case stems from the Federal Government's inability to account for Indian trust monies that were placed under their care more than a century ago. The suit, filed by Cobell, is on behalf of 500,000 individual Indians. The funds in question are proceeds that should have been awarded to Natives for the lease or sale of resources from Indian land - such as natural gas, oil, timber, and crops
On June 20, Cobell and her technical team, comprised of Natives from across the country, including Tex Hall, president of the National Congress of American Indians, presented Congress with a packet of 50 guiding principles for trust reform. The group is hopeful Congress will begin looking into the matter by June 30 and possibly roll out legislation within the next year.
"For decades Indians have suffered at the hands of bureaucrats," said Cobell. "I will continue to fight our case in court until proper legislation is in order."
A legislative victory is just one leg of Cobell's journey, as she continues to seek compensation for those whose monies were mismanaged by the government.
Cobell never thought the matter would drag out so long.
"When I filed this suit I figured the longest it would go on would be three years," said Cobell. "Every moment this goes on, more Elders are passing on, not getting what is theirs."
The exact amount of money not paid out cannot be determined accurately as the government has admitted to destroying or losing documents pertaining to the trust. Estimates are currently in the billions and interest continues to accrue on these funds as the suit drags on.
As of June 20, parties involved in the case had reached the figure of $27 billion for a possible settlement, as a full accounting cannot be completed. The government has asserted for years that a full accounting would be necessary to reach settlement, even though the process cannot be completed due to lack of adequate documentation on their behalf.
In addition, the guiding principles will help Congress form legislation as to avoid another case of trust mismanagement.
"Without legislation in place we will be back here five years from now, doing this all over again," said Cobell.
The guiding principles are divided into four areas of concentration calling for: a historical accounting of individual Indian trust accounts; reforming the individual and tribal trust accounts; Indian land consolidation; and individual Indian resource mismanagement claims.
If a settlement is reached between the two parties, the $27 billion would come from the Judgement Fund. Established in 1956, the Judgement Fund is in place to pay out claims won against the Federal Government, therefore the money awarded to the plaintiffs would not be derived from any sort of appropriations.
