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David Stanley Ford

American Indians to appeal trust account ruling
American Indians to appeal trust account ruling

By Chris Casteel    Comments Comment on this article10
Published: August 13, 2008

WASHINGTON — American Indians involved in a long-running lawsuit over the federal government's management of trust accounts plan to appeal a U.S. district judge's decision that awarded them only a fraction of the money they sought.

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Background
The accounts were established in 1887 to hold the proceeds from leases on land owned by individual Indians for such activities as oil and gas drilling, grazing and timber cutting.

The Indians sued the government in 1996 claiming the trust system was being mismanaged.

Bill McAllister, spokesman for the Indians, said Tuesday that the appeal will be filed with the District of Columbia Circuit Court of Appeals.

U.S. District Judge James Robertson, who held a trial in June to determine how much money may be missing from the century-old trust system administered by the U.S. Department of Interior, said the government owes $455.6 million to make the system whole.

The Indians had sought $47 billion. They argued that $3 billion had been collected for the system and never paid to individual Indian accounts and that, because of the withheld funds, the government had been able to borrow far less over the last 121 years to finance its debt.

Robertson rejected the Indians' approach and accepted the government's estimate, based on the work of an outside statistics expert.

Elouise Cobell, a member of the Blackfeet Tribe in Montana, said Tuesday on the television show "Democracy Now” that Robertson's opinion was "both profoundly disappointing and difficult to understand.”

She said, "The complete lack of concern for fairness to victims of 120 years of abuse is utterly incomprehensible to native people.”

Robertson had been hoping to bring the case to a conclusion and suggested in his opinion last week that giving the parties a hard number would lead to some settlement talks. The appeals court here has already ruled on numerous issues in the contentious case.

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David Stanley Ford



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I think most evryone wants closure,but the amount seems to be the hold up, If there has been funds set aside then the government should start partial payment now. Then the issue would be settle the horizon date of pay off ending. Does that make any sense? Jackson
john, Poplar - Aug 21, 2008 at 12:08 pm
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In the 80s my Aunt that sat in the same business class with the Governor of KS wife, worked as a civil servant, wore polyester, and drove a Buick was told by a Bureau of Indian Affairs Superintendent that, "some money was better than no money", when she protested a grazing lease for $40 a year for 40 acres. That was acting in her best interest I guess.
Harvey, Oklahoma City - Aug 15, 2008 at 4:24 pm
I am a red-blooded American and I believe the laws should apply to everyone including the government! When the trust fund was set up originally, sure, native Americans could not read the documents or really understand what the white father's were telling them. However, now the courts exist and attorney's on both sides can see the discrepancies that have taken place in the past and not to let them happen to the Native American People for their futures. When you see a wrong you must make it right...
Candace, Lakeland - Aug 15, 2008 at 11:08 am
To "C" in Oklahoma City... it is what is rightfully deserving to American Indians. The government is only as good as its actions. If they said they were going to do something, which was to be stewards of our trust funds, lands, etc., then they need to obligate it. It's citizens like yourself that give the U.S. government a bad rap. The Government made ALOT of promises, one of which was to take our lands... and they did. I"ve a college-education, can manage my own affairs, but the BIA's attitude to me is "we are acting in your best interest." Words that were actually said to me by a BIA employee after I questioned their actions regarding a farming and grazing lease. I told them "This is NOT 150 years ago, you need to quit that mentality, walk back out that door and come in with a different attitude!" DO NOT TRUST THE GOVERNMENT!
EyeSpy, All Over The Place - Aug 15, 2008 at 10:23 am
Anyone who wants to read about this lawsuit can google Cobell Vs. Kempthorne or DOI
Candace, Lakeland - Aug 14, 2008 at 7:31 pm
"C" from OKC is unfortunately misinformed but feels the need to spout off his useless opinion based on no facts whatsoever. It is a contract, if the federal government cannot be held to contract then why should anyone be held to contract? Apparently the word of the United States government is trash at best.
Jumbo, Norman - Aug 14, 2008 at 12:19 pm
it is easier for the government to help re-build a nation with tax payer monies, than it is to re-pay what is owed to the american indian for their(BIA) record keeping! IIM claims records were burn in a warehouse fire in fort worth, texas, than a lot of records turn up in south dakota?
louis, carnegie - Aug 13, 2008 at 7:32 pm
As I understand it, tribal members are only trying to recover what was rightfully owed to them--what the BIA underpaid or failed to pay, as in the recent lawsuit in Virginia against Chesapeake for underpayment of royalties, only this is different in that this has been going on for more than a century. If I remember right, originally the BIA refused to even surrender records of what was owed or lease agreements, which was ironic(or moronic) as the BIA was supposed to be acting more or less as a steward of best interests for tribal members. Should mineral right owners in Virginia have just let Chesapeake get away with it for fear of having to pay lawyers?
Kevin, Oklahoma City - Aug 13, 2008 at 7:05 pm
I'm just trying to figure out why this bunch of young people think they are owed something for free. If their grandparents and GREAT grandparents had been looking after their stuff, this wouldn't be a problem. And don't forget the lawyers get HALF of EVERYTHING.
c, Oklahoma City - Aug 13, 2008 at 1:10 pm
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my opinion is that judge robertson is a "hatchetman" for the government and the BIA, why else would he be willing to bring this lawsuit to a close? Just like the anadarko indian agencys'superintendent's negative attitude toward certain indian tribes under her jurisdiction.
louis, carnegie - Aug 13, 2008 at 11:24 am

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