indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Dynamic Homes
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
Bush administration appealing trust fund case again
Monday, November 3, 2003

Creating another delay in the long-running debacle, the Bush administration has mounted a challenge to the latest rulings in the Indian trust fund lawsuit.

In a one-page notice filed on Wednesday, attorneys for Secretary of Interior Gale Norton announced their appeal of three decisions issued by a federal judge. This past September, U.S. District Judge Royce Lamberth ordered an historical accounting of at least $13 billion in Indian funds and said he would appoint a judicial monitor to ensure the federal government is meeting its obligations to hundreds of thousands of American Indians.

The notice doesn't state on what grounds the decisions are being challenged. Norton's explanation will come once she files her opening brief.

But the appeal comes amid heightened scrutiny of the seven-year-old Cobell case. Members of Congress have been seeking ways to resolve the suit, although their approaches have highlighted deep divisions over how best to tackle a problem that is more than a century old.

Last Thursday, a group of lawmakers in the House nearly brought down a $20 billion budget bill over a provision aimed at overturning Lamberth's decisions. They argued that the rider, which was developed in secret, undermines Indian rights.

"The only way we can solve this problem is to sit down and consult, negotiate, and ultimately lead to a settlement," said Rep. Richard Pombo (R-Calif.), chairman of the House Resources Committee, which has jurisdiction over Indian issues.

The provision delays the accounting by one year and purports to dictate how federal law is to be interpreted by the courts. It is scheduled to go before the Senate later today.

At a hearing last Wednesday, Sen. Ben Nighthorse Campbell (R-Colo.), chairman of the Senate Indian Affairs Committee, said he wasn't entirely satisfied with the way the rider was developed. But rather than seeking its removal, he said it gave the plaintiffs, the administration and tribal leaders one year to work out their differences.

"We have to find a solution or it's just simply going to be taken away from us," Campbell said.

Through his committee, Pombo is holding a series of hearings on the case, the latest of which is being held today in Arizona. He hopes to develop a legislative framework for settlement by keeping all parties involved.

Campbell and Sen. Inouye (D-Hawaii) have introduced a bill that would create a new bureaucracy to carry out the historical accounting. Both also back mediation of the case, an idea supported by the plaintiffs and tribal leaders.

Lawmakers who control the federal budget are intent on imposing their own solutions with no involvement of the key players. Unwilling to provide the funds to conduct the accounting or make other fixes, they have made no apologies for attempting to curtail the suit, which they say has cost millions at the expense of other Indian programs.

The Bush administration's appeal will delay proceedings in the case for up to a year, depending on the briefing schedule and the date of oral arguments. The appeal will be handled by the D.C. Circuit Court, which struck down contempt charges against Norton and former Indian affairs aide Neal McCaleb in July.

The same court, in February 2001, affirmed the federal government's duty to conduct an accounting of "all funds" within the Individual Indian Money (II) trust. At the Senate hearing last week, Jim Cason, the associate deputy Interior secretary, said the department still needed guidance on the meaning of the accounting.

Relevant Documents:
Notice of Appeal (October 29, 2003)

Court Decisions:
Historical Accounting | Fixing the System | Structural Injunction

Relevant Links:
Indian Trust: Cobell v. Norton - http://www.indiantrust.com
Cobell v. Norton, Department of Justice - http://www.usdoj.gov/civil/cases/cobell/index.htm
Indian Trust, Department of Interior - http://www.doi.gov/indiantrust

Related Stories:
House approves trust fund rider in DOI bill (10/31)
Campbell pushes action on trust fund suit (10/30)
Battle brews in House over DOI budget bill (10/30)
Cobell rallies support for trust fund case (10/28)
DOI bill halts Indian trust fund case (10/24)
Bill targets Indian trust fund suit (10/22)
House chairman supports self-governance rider (10/14)
Self-governance tribes fear impact of reorganization (10/09)
Lamberth lays out future of Indian trust reform (09/26)
Court report finds undervaluation of Navajo lands (08/21)
Administration eyes consolidation of Indian appraisals (08/15)
Tally for private attorney fees in Cobell case rises (07/24)
Congress hacks Bush's accounting funds (7/16)
Swimmer partly right on trust fund rider (7/14)
Bush official balks at large settlement for Cobell (7/10)
On trust, lawmakers take Bush officials at face value (06/25)
Private attorneys reap benefits on Cobell case (06/24)
Norton offered settlement funds for IIM trust (6/20)
Lamberth criticizes interference with trust fund case (05/22)
Bush administration turns to Congress on trust (04/04)

Copyright 2000-2003 Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
John Guenther: Indian Child Welfare Act remains under attack (5/29)
Native Sun News: Ex-Rapid City police chief admits erasing tape (5/28)
Omaha Tribe surprised by appeal in reservation boundary case (5/28)
Mary Annette Pember: Historical trauma might affect Native DNA (5/28)
Erik Stegman: Native youth subjected to racism and stereotypes (5/28)
Charges announced in big drug trafficking ring in Indian Country (5/28)
Osage Nation expects to see offers from land buy-back program (5/28)
Voters of Red Cliff Band show support for some uses of marijuana (5/28)
Maine tribes assert sovereignty and sever relationship with state (5/28)
Navajo Nation sees larger numbers of sand dunes on reservation (5/28)
Mille Lacs Band plans public hearing on proposed energy pipeline (5/28)
Michigan tribes warn of disaster from pipeline spill in Great Lakes (5/28)
Coquille Tribe completes acquisition of 3,200 acres of forestland (5/28)
Spiritual leader of Lipan Apache Tribe back in court over feathers (5/28)
Lumbee Tribe to appeal findings of misuse of federal HUD funds (5/28)
Nebraska ends death penalty in historic and close veto override (5/28)
Tohono O'odham Nation chooses new leader amid casino conflict (5/28)
Poarch Creeks file lawsuit over taxes imposed on gaming facility (5/28)
Connecticut tribes counting up votes on bill for one more casino (5/28)
Comanche Nation closed casino for one day to address flooding (5/28)
Native Sun News: EPA hears Native views about uranium mining (5/27)
Renae Yellowhorse: Navajo Nation can't cede power to outsiders (5/27)
Donna Loring: Politicians circle the wagons around Maine tribes (5/27)
David Treuer: Andrew Jackson turned on Cherokee Nation allies (5/27)
NCAI responds to criticism from Rep. Young on land-into-trust (5/27)
Lawsuit challenges constitutionality of Indian Child Welfare Act (5/27)
Hopi Tribe seeks to prevent auction of sacred property in France (5/27)
Indian students face harsh punishment at public schools in Utah (5/27)
Menominee Nation school sees dramatic rise in graduation rate (5/27)
Poarch Creeks planning family-friendly entertainment at project (5/27)
Coquille Tribe names executive at economic development entity (5/27)
Cherokee law students eager for summer work on Indian issues (5/27)
USDA sends $125K to Indian economic development corporation (5/27)
County by Pine Ridge Reservation receives justice service grant (5/27)
Rep. Ann Kirkpatrick to challenge Sen. John McCain in 2016 race (5/27)
Law Article: Indian inmate wins religious rights suit in Wisconsin (5/27)
Alaska Native corporation holds election for five seats on board (5/27)
Blood Tribe combats rise in abuse of extremely dangerous drug (5/27)
First Nations housing program brings just 99 homes to reserves (5/27)
Supreme Court won't hear challenge to Graton Rancheria casino (5/27)
Kialegee Tribal Town given extension to respond in gaming case (5/27)
Quapaw Tribe looks to dispel concerns about casino in Arkansas (5/27)
Pokagon Band faces hurdles in plan to develop casino in Indiana (5/27)
California tribes still divided over efforts to legalize online poker (5/27)
Native Sun News: Northern Cheyenne Tribe tackles school truancy (5/26)
Mark Trahant: Native village secures return of ancestral territory (5/26)
Secretary Jewell leads delegation to Indian school in Oklahoma (5/26)
Updated witness list for SCIA hearing on economic development (5/26)
Senate Indian Affairs Committee schedules meeting and hearing (5/26)
Mary Ann Andreas: Candidates must keep informed about tribes (5/26)
Steve Russell: National sovereignty cannot cloak all evil conduct (5/26)
Gabriel Galanda: The tide is turning against tribal disenrollments (5/26)
Vince Two Eagles: Summertime means powwows and Sundances (5/26)
Boyd Cothran: America moves from Civil War to the Indian Wars (5/26)
Vivian Delgado: Native college graduates mark a rite of passage (5/26)
Blackfeet Nation adds 162 names to Montana veterans memorial (5/26)
Native women compete in first Miss Indigenous Ecuador contest (5/26)
Lower Brule Sioux Tribe asks BIA to inspect financial documents (5/26)
Maine tribes hold rally after withdrawing from state Legislature (5/26)
Chemehuevi Tribe to reopen elementary school on reservation (5/26)
Arguments heard in lawsuit over federal judge's racist e-mails (5/26)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.