THIS IS ONE OF CASE LAWS THAT MAKING THIS LAWSUIT--MDEWAKANTON
By MIKE STARK
Of The Gazette Staff
March 25, 2004
After four trials, contempt of court charges against top government
officials and years of frustration, American Indians are still waiting for
the U.S. government to fix the accounting systems that have made a mess of
Indian trust funds, a key figure in the case said Wednesday.
Elouise Cobell, a Blackfeet Indian who sued the government in 1996, said
fundamental changes in how the federal government manages billions of
dollars in Indian accounts and assets have not been made even though
tribal plaintiffs have had victories in court.
"We're winning every step of the way," Cobell said.
Cobell was the keynote speaker for the three-day Montana Wyoming Tribal
Economic Development Summit in Billings this week.
Kennard Real Bird, who introduced Cobell on Wednesday morning, said
Cobell should be viewed with the same distinction as Sitting Bull, Crazy
Horse, Geronimo and others who have stood up to the government.
"Today, Elouise joins that elite band of people that have defended their
people," Real Bird said. "She's a lady who's going to go down in history
forever."
Cobell never expected to become a national figure. But when she worked
as treasurer for the Blackfeet Tribe, she said, she couldn't ignore the
problems and confusion in financial Indian trust statements provided by
the government.
Over the course of months and years, she asked questions, wrote letters
and knocked on doors. It wasn't hard to see that the system was broken,
she said. Generations of Indian people had known it for years, she said,
but now the paper work showed the system's faults.
"I didn't discover this," Cobell said. "We all knew."
The issue stems from federal policies that started in the late 1880s,
when thousands of Indians were allotted ownership of land with the federal
government acting as trustee. In that role, the government was supposed to
keep track of revenue generated from mining, oil and gas development on
the land and disperse it.
As Cobell looked into the Indian trust fund, she had a hard time
convincing top government officials to take seriously her claims of
malfeasance and mismanagement. She recalled a meeting with federal lawyers,
one of whom opened the discussion by saying: "Don't come in here with any
false expectations," Cobell said. "I told him, 'You should be ashamed of
yourself. People are dying without justice.'"
After finding frustration with politicians and government officials,
Cobell decided to file a lawsuit. She and others raised $10 million to get
it going.
In 1996, Cobell filed a class-action lawsuit against the government on
behalf of an estimated half-million American Indians and their heirs. The
lawsuit alleged that the government needs to conduct a full accounting of
money owed to Indian account holders, which is probably in the billions of
dollars, and to reform the trust fund system.
The lawsuit, which involves the Bureau of Indian Affairs along with the
Interior and Treasury departments, may seem complicated, Cobell said. But
at its core, the case is about making the government accountable and
responsible for handling Indian trust money.
"It's like the United States government is running a bank that's totally
out of control," Cobell said, adding that one government official
testified that Indian money was used to pay down the federal deficit.
"This was happening as our people die with poor healthcare... not having
the basics of life."
Despite court trials and several victories, the system still hasn't been
overhauled. So, with eight years and little resolution, members of
Congress agreed in February to take the case through a formal mediation
process.
Cobell said her experience is evidence that tribal groups can stand up
to the government and effect change. It takes persistence, she said, and a
willingness to fight for what's right.
"Make them be accountable to you," she said, and don't stop pressing.
"That money belong to us."
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