Let's wrap up Indian land lawsuit quickly
Yakima Herald-Republic editorial board
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The announcement that the federal government has agreed to settle one of the largest and most complex class-action lawsuits this nation has ever faced is welcome news not only for American Indians but for all Americans. The settlement will finally bring an end to years of arguing over federal mismanagement of tribal trust lands.
Last week, the U.S. government agreed to pay $3.4 billion to resolve a 13-year-old lawsuit affecting hundreds of thousands of land trust accounts, some dating back to the 19th century. It's a far cry from the $47 billion in lost royalties and compounded interest that plaintiffs had sought after the class-action lawsuit was brought in 1996 on behalf of 300,000 people, including Tulalip tribal members in Washington. Members of the Yakama Nation were reportedly not involved in the lawsuit.
At one point in 2005, plaintiffs believed they were nearing a $27.5 billion settlement, but those talks faltered. Last year, a federal judge ruled the Indians were entitled to only $455 million.
The case dates back to 1887, when Congress divided tribal lands into small allotments -- ranging from 40 to 160 acres -- and then assigned them to individual Indians. The Department of Interior was given the task of managing the grazing, timber, and oil and gas rights for about 56 million acres of Indian trust land. Money accrued through the leases was then distributed to tribal members. In fiscal 2009, more than 384,000 Indian accounts received $298 million.
However, over the years, royalty money was allegedly stolen and records were lost or destroyed, making the task of assessing blame and tracking the missing funds virtually impossible.
Managing the trust funds has also been a money loser. In one instance, the New York Times reported a 40-acre parcel had 439 owners who often received less than $1 a year in income. Valued at $20,000, the parcel cost the government more than $40,000 a year to administer.
With the proposed settlement, hopefully the federal government will put an end to this sorry tale of mismanagement. The accord also represents a victory for President Barack Obama, who pledged to resolve the matter during his presidential campaign.
Under the settlement, the government will not only distribute $1.4 billion to the Indian plaintiffs in the case but will also spend $2 billion to buy back and consolidate the patchwork of tribal land broken up over the years. An additional $60 million will be set aside in a scholarship account to help Native Americans attend college or vocational school.
This lawsuit has gone on long enough. It crossed over three presidencies, led to seven trials, involved 22 published judicial opinions and underwent 10 reviews by a federal appeals court.
It still has a few more hurdles to clear: Congress and a federal judge must seal the deal. We hope this time it doesn't take another 13 years.
* Members of the Yakima Herald-Republic editorial board are Michael Shepard, Bob Crider, Spencer Hatton and Karen Troianello.
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