RSSLet'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.
This circumstance typifies the lack of proper management capability and demonstrates unmatched dishonesty by in our government for generations. If our country's "leaders", (designation used loosely) had any honor or credibility, this would never have happened in the first place. The lack of character and moral values practiced by our leaders is embarrassing to our country, and certainly not a legacy to hand down to our children as an example to follow.
Since American Indian lands have been declared separate nations by our courts, I wonder if any tribes ever thought of applying for statehood? That would be an interesting development.
Of course, they could always establish their own money system, their own Constitution and set of laws, and even require outsiders to travel on the reservations with a passport or visa. Now, THAT would get REALLY exciting.
I have always wondered why, if the tribes are considered a seperate nation why a passport isn't needed for a Yakama to visit the city of Yakima and why don't I need a passport to drive to Prosser? And why can the vote in our elections and we can not vote in theirs? We pay a duty to do business on the reservation, do they pay an additional duty tax to work in Yakima? What about purchasing a car in Yakima? Do they pay export fees?
No wonder the relationship with the tribes is a confusing one.
I hope there is no transfer of land to the tribes, I saw one along the Columbia river, once was beautiful, now its a slum.
Report Violationisn't that the pot calling the kettle black BacktoReality, there was once this beautiful land filled with an endless supply of animals and foods to eat and then these so called settlers came in and "made it better". this beautiful land was turned into what is now Yakima, Tri Cities, Ellensburg. Yakima is the crime capitol of eastern Washington with it's high homeless rate, gang activity and sex offenders. the list goes on and on where other parts of non tribal entities have royaly damaged the land but no one stereotypes non natives. You wouldn't dare say that about Hispanics or African Americans, or Asians, but you just sit there and stereotype Native Americans. You should have written your comment in "Indian Red" to show how blantently prejudice you are.
Report ViolationNo comment from me on this topic. I'll be here for hours with what I have to say on all of it.
Report ViolationJuggernaut, have you ever actually driven around the Rez, worked and lived with them? The fact that you wrote what you did shows that you have no idea the reality of what goes on here in you own back yard. The reality is that any money coming to the Yakama will be mismanaged worse than what the Federal Government did. It's money that will line the pockets of a few and not help those of the tribe who really need it.
Report ViolationI don't know of any slums along the Columbia, except perhaps the bad parts of Portland or some of the dumpier little towns, but they are not really close to the river. I know of one Indian village near The Dalles that features new housing, a new community center, new streets and a new ceremonial longhouse. While I would not doubt that some tax money could have funded grants to help Celilo be rebuilt, much of the lumber was donated by the Confederated Tribes of Warm Springs. There are patches of Indian trust land all up and down the river. Most of it is still rural and undeveloped, save a few wind farms now subleasing land from whites who are still coat-tailed on to 100 year leases from the tribes. There are tribal communities near Goldendale, Lyle, Carlson, Hood River, Roosevelt, Priest Rapids, and more. But you know, it's really funny that some people want to argue about the Yakama's when, as the story clearly says, they were not even involved in the Cobell lawsuit. Very funny how that is.
Report ViolationThe reality is that it takes 25-30 years to resolve litigation with the Federal government. A case in point is the recently resolved water rights litigation started in the late 1970s. Another example, the illegal confiscation of property after the previous financial scandal (savings and loans in 1990-1991) has yet to be resolved. Justice delayed is no justice at all. The native Americans will be lucky indeed if they have the proposed settlement in their hands during their life time.
Report ViolationIt is almost scary to read the ignorant comments written by individuals who criticize any nation within the united states and there are approximately 564. There may be mismanagement in some areas, but wouldn't the tribe be out of the ordinary if they didn't have problems? There are far more cases of mismanagement off the reservation, but they rarely get a mention. As for the farmer guy, you must have acquired land within the exterior boundaries of the reservation and I presume you or your ancestors were granted a more than fair price. You make your living within the Yakama Nation and you should be grateful, loyal and respectful for the opportunity. Ignorant people like you can make a Nation frustrated enough to eventually retaliate and change laws or assume authority that could be quite costly to individuals such as you.
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