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D.C. Circuit Court affirms fairness of $3.4B Cobell trust fund settlement From Indianz.com and The Blog of Legal Times, part of The National Law Journal The court rejected Caven’s appeal. In a unanimous decision on May 22, a three- judge panel of the D.C. Circuit Court said there was no evidence to support any of her claims. “The class settlement agreement was the result of an arms-length negotiation,” the D.C. Circuit wrote. “What interests it protected and what benefits it provided were weighed by the district court and considered in view of the class-member objections.” “The settlement acknowledged the plaintiff class’ entitlement to an histori cal accounting and that the United States would pay for the surrender of that right The Washington, D.C., Circuit Court of Appeals has affirmed the $3.4 billion settlement to the Cobell Indian trust fund lawsuit. Kimberly Craven, a member of the Sisseton-Wahpeton Oyate in South Dakota, challenged the settlement. She argued it was unfair to hundreds of thou sands of Indian beneficiaries who are owed an accounting of their trust funds by the Interior Department. and for trust claims in accordance with an agreed-upon formula,” the decision continued. “The settlement further pro vided that the (Interior) Secretary would attempt to purchase fractional ownership shares to enable accurate accounting in the future in fulfillment of the Secretary’s trust responsibilities.” “Congress has approved the settle ment and appropriated the necessary funds,” the court said. “For Craven to char acterize the settlement as “tak(ing) short cuts to solve the problem at the expense of individual rights,” and “tak(ing) a series of impermissible shortcuts that abuse the class action process to settle this case” is to ignore the history of this hard-fought litigation and the obstacles to producing an historical accounting.” Craven’s appeal was heard by the court on Feb. 16. A second challenge was heard just last week. The appeals have delayed distribution of the $3.4 billion settlement. The deal puts $1,412 billion directly in the hands of Indian beneficiaries. An additional $1.9 billion will be used by DOI to purchase fractionated interests from willing sellers. U.N. rapporteur consults with Tribes on human rights of indigenous people From the National Congress of American Indians WASHINGTON - On April 23, the Embassy of Tribal Nations was the venue for one of the first discussions between Tribal leaders and James Anaya, United Nations Special Rapporteur on the Rights of Indigenous Peoples. The four-hour meeting was part of a kick-off to Anaya’s official U.S. visit to examine the situation of indigenous peo ples in the country in light of the standards expressed in the United Nations Declara tion on the Rights of Indigenous Peoples. Anaya visited the Embassy of Tribal Nations in Washington, D.C., to hear from Tribal leaders about the experiences and challenges they face today. The discus sion, co-hosted by the National Congress of American Indians (NCAI) and the United South and Eastern Tribes, included Tribal leaders from across the country. Anaya is charged with gathering and exchanging information from all relevant sources, including governments, indigenous people and their communities and organizations, on alleged violations of their human rights and fundamental freedoms and to formulate recommenda tions on appropriate measures to prevent and remedy violations. During his visit from April 23 to May 4, Anaya held meetings and con sultations with federal and state govern ment officials, as well as with indigenous nations and their representatives, in vari ous locations. The results of this assessment will be reflected in a preliminary report that will be submitted to the United States for its comments and consideration. NCAI President Jefferson Keel delivered remarks at a two-day confer ence and consultation with Anaya. Titled The Significance of the Declaration on the Rights of Indigenous Peoples, the conference was held April 26-27 at the University of Arizona in Tucson just days after Anaya’s meeting with Tribal leaders at the Embassy of Tribal Nations. In his remarks, Keel stressed the value of Indigenous cultural ideals to the improvement of the world economy. “For tens of thousands of years, our people have been stewards of the environ ment. And now, non-Indigenous leaders are realizing that we are also successful stewards of our economies and societies,” said Keel. “Indigenous peoples have been doing more with less for generations. It is clear that Tribal businesses bring value to the table.” Other presenters at the conference included Carrie Dann, executive direc tor, Western Shoshone Defense Project; Dr. Suzan Shown Harjo, president, The Morning Star Institute; and Rex Lee Jim, Navajo Nation vice president. Tribal Veterans: Ten-Hut - Veterans group launches employment program For military veterans, finding mean ment in fire crews. VFC is a collaborative ingful, gainful employment when they initiative targeted at training veterans to return to their communities can be a protect our public lands from the threat difficult challenge. With soaring veteran of wildfire. unemployment rates and troop draw Veterans work as part of a crew and downs, the need to find ways to “put receive training, certificates and a small boots on the ground” is becoming ever living stipend. Initial project work gener more critical. ally includes introductory fuels reduction, Veterans for Green Jobs, a national leadership training and minimum expo Denver-based nonprofit organization, has sure to fire suppression. launched Veterans Green Force (VGF), The experience and training provided an outreach, recruitment and placement through VFC are designed to prepare program designed for military veterans. program participants for positions as VGF provides veterans with training wildland firefighters, allowing them to in such areas as construction and build earn certifications and compete for federal ing for energy efficiency and conserva jobs while leveraging their veteran hiring tion, renewable and clean energy, natural preference. Opportunities to participate resources and conservation, environ in VFC are available either for Tribes mental remediation and response, and interested in forming crews or individuals. sustainable agriculture. It then connects For information on training opportu them with green sector employers. nities or requirements for participation, VGF relies on strategic partnerships training and work experience, please with private businesses, government agen contact the individuals listed below. cies, nonprofit organizations, professional Tribes seeking assistance in estab associations and educational institutions lishing VFC crews with all or many vet that offer jobs or training programs to erans should contact John Toth, director military veterans. of Veterans Programs, Veterans Green With key startup funding from the Jobs, at 720-236-1316 or john.toth@ Call of Duty Endowment and Walmart, veteransgreenjobs.org. VGF aims to connect with 1,000 veterans Individual Tribal veterans interested and place at least 30 percent of them into in learning more about VFC should full-time green sector jobs by mid-2013. contact Garett Reppenhagen at 719-235- VGF provides a path for young Ameri 7030. He can tell you about openings on can Indian military veterans to continue to currently established crews in your part of serve their country and communities by the country or someplace you long to visit. working in areas that provide long-term eco Advertisements for established crews nomic, social and environmental benefits. will come out about two weeks prior to the A sub-program, Veterans Fire Corps starting date. Interested individuals should (VFC), may be of particular interest to express their intentions early. returning Tribal veterans because of the Opportunities for established crews long history of American Indian involve- will be advertised soon for these locations: 16 • Siletz News * June 2012 Veterans Green Corps Crews 2012 Closest Town Project Crew Name Laramie Fire Mitigation Medicine Bow Mountain Range Summer WY Moran Fire Mitigation Medicine Bow Mountain Range Fall Aug WY Moran Fire Mitigation Teton Crew June Aug MT Ft. Peck Fire Mitigation Charles M. Russell Wild life Refuge Summer Aug Oct MT Ft. Peck Fire Mitigation Charles M. Russell Wild life Refuge Fall March June CO Durango Fire Mitigation Durango Spring June Aug CO Durango Fire Mitigation Durango Summer Aug Oct CO Durango Fire Mitigation March June NM Farmington Fire Mitigation Farmington Spring 1 March June NM Farmington Fire Mitigation Farmington Spring 2 June Aug CO Eagle Habitat Restoration Eagle/Holy Cross Saw Crew June Aug CO Rapid City Fire Mitigation Black Hills Summer June Aug AZ Prescott Fire Mitigation Prescott Summer All Year CA San Diego Fire Mitigation San Diego All Year CA San Bernardino Fire Mitigation San Bernardino All Year CA Lake Tahoe Fire Mitigation Tahoe End Date State June Aug WY Aug Oct June Start Date Durango Fall June Aug NV Reno Fire and Trail Reno June Aug NV Las Vegas Fire and Trail Las Vegas
