Here. A link to the bill is here.
Thanks to N.X.
ATTORNEY GENERAL HOLDER AND SECRETARY SALAZAR ANNOUNCE $1 BILLION SETTLEMENT
OF TRIBAL TRUST ACCOUNTING AND MANAGEMENT LAWSUITS FILED BY MORE THAN 40 TRIBES
WASHINGTON – Attorney General Eric Holder and Secretary of the Interior Ken Salazar today announced the settlement of lawsuits filed by 41 federally-recognized tribes against the United States, in which the tribes alleged that the Department of the Interior and the Department of the Treasury had mismanaged monetary assets and natural resources held in trust by the United States for the benefit of the tribes. The announcement followed a 22-month-long negotiation between the tribes and the United States that has culminated in settlements between the government and tribes totaling more than $1 billion.
These settlements resolve claims dating back more than 100 years and will bring to an end protracted litigation that has burdened both the plaintiffs and the United States. Ending these long-running disputes about the United States’ management of trust funds and non-monetary trust resources will allow the United States and the tribes to move beyond the distrust exacerbated by years of litigation. These settlement agreements represent a significant milestone in the improvement of the United States’ relationship with Indian tribes.
“These settlements fairly and honorably resolve historical grievances over the accounting and management of tribal trust funds, trust lands and other non-monetary trust resources that, for far too long, have been a source of conflict between Indian tribes and the United States,” said Attorney General Holder. “Our commitment to tribes is the cornerstone of the Department of Justice’s policies and initiatives in Indian Country, and these settlements will enable the tribal community to pursue the goals and objectives they deem to be appropriate while marking another step in our shared future built upon mutual respect and strong bonds of trust between tribal governments and the United States.”
“These important settlements reflect President Obama’s continuing commitment to ensuring empowerment and reconciliation for American Indians,” said Secretary Salazar. “It strengthens the government-to-government relationship with Tribal nations, helps restore a positive working relationship with Indian Country leaders and empowers American Indian communities. I want to commend Attorney General Holder, our Interior Solicitor Hilary Tompkins and other key officials who were involved in the long negotiations leading to these historic agreements. I look forward to working with Tribal leaders to further strengthen our government-to-government relationship based on mutual respect and a shared concern for the proper management of tribal trust assets and funds.”
Here.
Here. The first part of this article is coverage of the American Indian Law Center’s “First Thirteen” event. Sam’s commentary is below:
But the judges are not so clearly divided pro and con Indian cases either, as is seen in the recent Jicarilla 8-1 vote, which resulted in protection of privileged communications between trust administrators and the government, so it could be a long wait. And long-time Indian policy analyst Sam Deloria (Standing Rock Sioux), is not content to wait, and argues for a new approach.
Deloria, who currently heads the American Indian Graduate Center and served as director of the American Indian Law Center since the 1970s, shepherding many future attorneys through the Pre-Law Summer Institute, declared, “It’s not going to do us any good to keep constantly complaining that they’re not accepting our arguments. And, I think it would make much better sense to think very deeply about what it is that seems to be troubling them, and I think what troubles them is, what we want.
“It’s not that they don’t understand Indian law, it’s that the version of Indian law that we keep urging on them unsuccessfully, they don’t buy it. And one of the reasons they don’t buy it is they don’t see clearly what the outlines are of tribal powers that we’re talking about and because they’re afraid of what lawyers call ‘the slippery slope’– that if they let these guys do this, then what’s next?
“They’re very skeptical about going along with tribal claims because they just don’t understand what it is we’re talking about – I’d think we’d be much better off trying to depict to the court a workable set of governmental relationships that include tribal, state and federal and how that actually would work in practice—they don’t know the situation of tribal governments on the ground and so, they have misgivings. Well, let’s find out what their misgivings are, and address those, instead of just coming back every time quoting cases from the 1830s, or cases from the 1950’s and early 60’s, let’s go back and see what their problem is and try to address their problem.”
Here.
Wisconsin Judicare recently concluded its second annual Indian Wills Caravan. This innovative program was developed by Judicare’s Indian Law Office (ILO) and a group of law students at Columbia University School of Law. The students, for the second year running, devoted their Spring Break to coming to Wisconsin the week of March 12th to travel from one Indian reservation to another drafting wills for Native Americans. Supervised by an ILO attorney, the students this year drafted 157 wills addressing land fractionation and tribal jurisdictional issues, providing advice on intervivos transfers, and completed 195 Advance Directives.
The Indian Wills Caravan is very popular and is providing these legal services to Indian people in numbers far exceeding what Judicare can do on staff. This program would not be possible without the assistance of the Columbia Public Interest Law Foundation and support from the Law Firm of Godfrey and Kahn which is based in Milwaukee.
Contact: David Armstrong, Attorney Continue reading
Here.
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