NALU February 6, 2008: Decision, Delay, and Lickety Split
Decision, Delay, and Lickety Split
FCNL Native American Legislative Update
This update covers:
-Indian Trust Court Case
-Health Legislation
-State of Indian Nations Address
Interior failed duty to account for Indian funds
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Elouise Cobell, lead plaintiff |
A federal judge ruled on January 30 in favor of half-a-million Individual Indian Money account holders who argued the Department of Interior's accounting for their trust funds was totally insufficient. An editorial in the New York Times simplified the question in the Cobell class action case: "Can the government account for the money it held in trust?" The judge found that Interior has not adequately done so.
Judge James Robertson found the federal government's accounting, while greatly improved, is insufficient to "remedy the failures of the past" and to meet the requirements of a trust reform law passed by Congress in 1994. He determined that Native American account holders will be unable to know the extent of their assets because Interior cannot say how much money, from land and resource profits, was in their accounts as Interior made its calculations. He criticized the delays in this case that has already been in court for 11 years, giving as one example that he "enforced an attorneys' fee award that pre-dated the invasion of Iraq."
The Indian plaintiffs argue that the lack of records made the government accounting unreliable to the tune of billions of dollars. The judge points out a disparity of three billion dollars in the government accounting records between 1909 and 2005.
Will the plaintiffs win more than a moral victory? The decision does not guarantee that the government will return the royalties it collected on behalf of Indian land owners. The plaintiffs argue that the government had the benefit of the use of the Indians's money all those years and that a "disgorgement" or giving back of funds must happen. About a month from now, Judge Robertson will hold a hearing on remedies.
How else can such inequities be resolved? Congress could pass legislation to provide a financial settlement. A bill to do so was introduced in the last Congress, but no bill has been introduced in the 110th Congress as legislators waited to see what happened in federal court.
Health delay but much action and advocacy
Indian health services have not been updated in 16 years. On January 22 and 23, the full Senate debated the Indian Health Care Improvement Act of 2007, which would bring Indian health care into the 21st Century. Many strong and heart-wrenching speeches by members of both parties were made about the need for modernization of medical care in Indian Country. But after two days of debate, S. 1200 was shelved and the Senate went on to deal with the Foreign Intelligence Surveillance Act and the new economic stimulus package. Now, advocates will be campaigning to bring this legislation back to the Senate floor for consideration and a vote.
The Majority Leader Senator Harry Reid (NV), Minority Leader Senator Mitch McConnell (KY), and Senator Jon Kyl (AZ) are policy makers who could decide to limit time and amendments so the bill has a better chance to pass. If you are from one of their states, please urge these senators to ask for immediate resumption of debate on Indian health care. A number of senators have stated their indifference to the bill saying that no lives are involved; of course, the point is that lives are being lost to nine years of delay in reauthorizing the act.
Advocacy for the bill has been widespread and intense. The New York Times wrote an editorial entitled "Vetoing History's Responsibility" (1/28/08) criticizing the Bush administration's threat to veto the bill if certain provisions were not removed. A veto, said the New York Times, would be "both cruel and grossly unfair." Since then, the threat of a veto has receded. Seventeen religious groups sent a letter to all senators in support of the bill. We at FCNL asked for action from our network and 2500 people sent more than 6,000 messages to their senators in support of S. 1200. Thank you.
We at FCNL have also sought to broaden the coalition by reaching out to groups as diverse as the National Association of Social Workers and the Jesuits. The Minority Health Initiative at the large Families USA organization sent this action alert yesterday: "As voters head to the polls today and all eyes are on Tsunami Tuesday, there is another issue that is deserving of our attention. This week, the Indian Health Care Improvement Act is up for reauthorization -- a bill that provides health care access to more than 1.8 million American Indians and Alaska Natives. Your help is needed to make sure this vital act is renewed and improved." We applaud the engagement of more organizations.
State of Indian Nations Address well received
The President of the National Congress of American Indians, Joe Garcia, delivered a "State of Indian Nations" address three days after the President's State of the Union Address. This is the sixth time such a speech has been delivered at the National Press Club. The purpose is to relay to the President, national policy makers, the public, and Native Americans what today's needs, successes, and challenges are for American Indians and Native Alaskan tribes and villages. The theme of this year's address was "Through the Eyes of Our Children: Hope for a Restored Native America."
Economic development is one of the major challenges for Indian Country. President Garcia told a success story about a company started by Navajo and Ute Children who live in an area with a 40 percent poverty rate. They started the Lickety Split Chocolate Company which now has big sales.
Senator Lisa Murkowski (AK) gave a response to the address praising Native leaders for pursuing legislative goals in bi-partisan fashion.