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
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