IndianTrust.com is reporting just now that a number of news accounts – particularly The Associated Press - are incorrectly saying that the plaintiffs have rejected a $7 billion offer from the government to settle the Indian Trust lawsuit. They say it simply isn’t true.
Imagine that? A news report saying things that aren't true? The nerve!
Indian Trust reports the facts to be that:
The government has never offered to settle the Cobell vs. Kempthorne lawsuit at any price.
Instead it is pointed out that the Bush administration in March 2007 suggested it was willing to spend $7 billion over 10 years to resolve a wide range of major Indian issues, including land fractional land claims, the Cobell suit, all individual land mismanagement claims, the 100 plus trust lawsuits filed by tribes and pay for all of trust reform as well.
Oh yes, and it also included provisions to deny Indians any right to bring any future lawsuits for future mismanagement no matter how egregious. That final provision was essentially a license to steal. This proposal was universally condemned by everyone not associated with the government, including a wide range of Native leaders.
Ms. Cobell did note that a mediator had suggested recoveries could run between $7 billion to $9 billion in the case. She said she "would want to talk about that more." Hardly a rejection.
But the Bush administration never followed up on her overture. In fact, federal officials have never made any offer to the Cobell legal team to settle the class action lawsuit for any specific amount.
In 2006, the Senate Indian Affairs Committee did introduce legislation to settle the lawsuit without a specific dollar amount. The Committee later amended that bill to include an $8 billion figure but the bill never moved out of the Senate Indian Affairs Committee because of objections raised by the (Sudanese? South Korean, Spanish, noooooo...the United Snakes!) government.
The position of the Cobell plaintiffs has long been that we will consider reasonable offers from the United States to resolve this case. Unfortunately, none has been put forth.
Well, well, well...very well put if you ask me. But then who did the AP go ask to get these "facts of mythic porportion?
To view the latest information concerning this case, go to www.indiantrust.com
Tuesday, August 12, 2008
Thursday, August 7, 2008
The Dismal Cobell Dismissal
MARY CLARE JALONICK has a report just out: Judge says Indians owed $455m in trust case
U.S. District Judge James Robertson has summarily dismissed any billion dollar claim the Cobell plaintiff's had against the government. He has issued an opinion saying that Indians are entitled to 455 million dollars as part of the broken Trust duties of the United States. That's not even 1 million to each of the 562 tribes across the nation. Really? Really enit? They (the U.S. Government) were that accurate from 1887? Wow! Somebody nominate this government for a Quality Management Award!
Judge James Robertson says that Eloise Cobell et al. didn't prove that damages included benefits to the United States that the U.S. received as part of mis-use of the Trust Funds, despite the fact that it was argued that the trust funds were used to down-size some government debts.
Funny part is that he says in his ending statement, "The Cobell case will no doubt stand, in some respects, as a cautionary tale about the limited ability of a court to right historical wrongs that could have been — and should have been — settled by the same political branches in recognition of their own failure to preserve the trust."
Aint it the truth?
U.S. District Judge James Robertson has summarily dismissed any billion dollar claim the Cobell plaintiff's had against the government. He has issued an opinion saying that Indians are entitled to 455 million dollars as part of the broken Trust duties of the United States. That's not even 1 million to each of the 562 tribes across the nation. Really? Really enit? They (the U.S. Government) were that accurate from 1887? Wow! Somebody nominate this government for a Quality Management Award!
Judge James Robertson says that Eloise Cobell et al. didn't prove that damages included benefits to the United States that the U.S. received as part of mis-use of the Trust Funds, despite the fact that it was argued that the trust funds were used to down-size some government debts.
Funny part is that he says in his ending statement, "The Cobell case will no doubt stand, in some respects, as a cautionary tale about the limited ability of a court to right historical wrongs that could have been — and should have been — settled by the same political branches in recognition of their own failure to preserve the trust."
Aint it the truth?
Friday, August 1, 2008
According to the story BISON ROUNDUP LEADS TO LAWSUIT reported in the Billings Gazette by Laura Tode, George and Nelvette Siemion have a lawsuit pending against the Bureau of Indian Affairs.
It may come as somewhat of a surprise that the notices that were sent to them from the Bureau of Indian Affairs (BIA) were not picked up; well if you live off the rez it may come as a surprise. I personally have had several mail items returned to the sender because I didn't pick up the mail in time. It's a fact of life for some people and post office boxes.
But that is a minor point in this scenario. So don't take the red herring! Stick to the point!
The point is that there was a sovereign governmental process for processing bids. The TRIBAL members (PEOPLE LIKE YOU) who already had a lease in years past on the Crow Reservation had the chance to match the bid put out by the new (shadow) tribal member bids.
What is a shadow member? Much like many small TIMBER-BUSINESSES, it's a false front that a tribal member is an owner of a small business. If they are a timber company, then it means that they get preference in timber bids. If it's a Cattle company, they get preference in Grazing bids.
How does it work?
"Well Zeke, ya see that Tribal Member over there chewing on bubble gum doing, nothing in particular?"
"Do I see him, heck I can hear him popping bubbles!"
"Well Zeke, ya go make him an offer to make money for nothing"
"OK I get it. I make him a majority interest holder in 'our lil ol cattle company' and promise to give him 1 dollar an acre ($4,000 dollars) for getting me a preferential-like bid on them there 4,000 acres right?"
"There's a smart boy Zeke..."
Aha! Timber, Grazing, Tree planting, any number of businesses can make the world seem much different if they have a tribla member partner with a majority interest in their enterprise. Which is ok, as long as it's above board. If anybody else is a fan of 8-A Status stand up and burp loudly! That isn't the part that's wrong.
The part that's wrong is when BIA steps all over sovereignty. The part that's wrong is if this couple George and Nelvette Siemion don't get to pursue the appeal process to the Interior Board of Indian Appeals if they need to.
When you appeal to the Bureau of Indian Affairs, there are a multitude of areas where your appeal can be thrown out for seemingly small details. The death is in the details. Read your CFR very well if you're gonna sit down for a bout with the BIA. If you put the wrong words on the envelope or no words, THROWN OUT! If you fail to certify that you sent the appeal to all "parties of interest" THROWN OUT! If you fail to send to everybody in the world and their cousin, THROWN OUT!
Let's hope George Skibine will allow this appeal to follow it's natural route and if need be all the way to the Interior Board of Indian Appeals. Let's hope that this appeal gets taken care of before it reaches the Interior Board of Indian Appeals. If this appeal gets to the Interior Board of Indian Appeals then it means that somebody lower than them in the Bureau, the Region, the Area, the Agency, probably isn't doing their job. The Interior Board of Indian Appeals should be the last resort of George and Nelvette Siemion. But George and Nelvette Siemion should have every right to pursue this case all the way to the Interior Board of Indian Appeals, and George Skibine seems like just the objective person to let it run its natural course. There should be none of this stepping in and pre-empting a case instead of letting the Interior Board of Indian Appeals do just what they're supposed to do.
George should, in his non-acting position, not get involved, but make sure that every step, every superintendent, director, manager, specialist, is involved and pursuing justice, whatever that decision may be. Justice is what every tribal member is looking for. Let's hope that in this case, the tribal members get their say. Let's not go for a repeat of past Principal Deputy Assistant Secretary's woeful decisions against tribal sovereignty and objective judicial inquiries. George Skibine, may we introduce you to George and Nelvette Siemion? They have a Native Land Issue to discuss with the appropriate levels of the Bureau of Indian Affairs? Could you see to it that, without influencing anybody in either direction, everybody knows that an objective, judicial decision with respect to Tribal Sovereignty is reached--and if it isn't that as a last resort the Interior Board of Indian Appeals can look this case over?
Thanks George.
It may come as somewhat of a surprise that the notices that were sent to them from the Bureau of Indian Affairs (BIA) were not picked up; well if you live off the rez it may come as a surprise. I personally have had several mail items returned to the sender because I didn't pick up the mail in time. It's a fact of life for some people and post office boxes.
But that is a minor point in this scenario. So don't take the red herring! Stick to the point!
The point is that there was a sovereign governmental process for processing bids. The TRIBAL members (PEOPLE LIKE YOU) who already had a lease in years past on the Crow Reservation had the chance to match the bid put out by the new (shadow) tribal member bids.
What is a shadow member? Much like many small TIMBER-BUSINESSES, it's a false front that a tribal member is an owner of a small business. If they are a timber company, then it means that they get preference in timber bids. If it's a Cattle company, they get preference in Grazing bids.
How does it work?
"Well Zeke, ya see that Tribal Member over there chewing on bubble gum doing, nothing in particular?"
"Do I see him, heck I can hear him popping bubbles!"
"Well Zeke, ya go make him an offer to make money for nothing"
"OK I get it. I make him a majority interest holder in 'our lil ol cattle company' and promise to give him 1 dollar an acre ($4,000 dollars) for getting me a preferential-like bid on them there 4,000 acres right?"
"There's a smart boy Zeke..."
Aha! Timber, Grazing, Tree planting, any number of businesses can make the world seem much different if they have a tribla member partner with a majority interest in their enterprise. Which is ok, as long as it's above board. If anybody else is a fan of 8-A Status stand up and burp loudly! That isn't the part that's wrong.
The part that's wrong is when BIA steps all over sovereignty. The part that's wrong is if this couple George and Nelvette Siemion don't get to pursue the appeal process to the Interior Board of Indian Appeals if they need to.
When you appeal to the Bureau of Indian Affairs, there are a multitude of areas where your appeal can be thrown out for seemingly small details. The death is in the details. Read your CFR very well if you're gonna sit down for a bout with the BIA. If you put the wrong words on the envelope or no words, THROWN OUT! If you fail to certify that you sent the appeal to all "parties of interest" THROWN OUT! If you fail to send to everybody in the world and their cousin, THROWN OUT!
Let's hope George Skibine will allow this appeal to follow it's natural route and if need be all the way to the Interior Board of Indian Appeals. Let's hope that this appeal gets taken care of before it reaches the Interior Board of Indian Appeals. If this appeal gets to the Interior Board of Indian Appeals then it means that somebody lower than them in the Bureau, the Region, the Area, the Agency, probably isn't doing their job. The Interior Board of Indian Appeals should be the last resort of George and Nelvette Siemion. But George and Nelvette Siemion should have every right to pursue this case all the way to the Interior Board of Indian Appeals, and George Skibine seems like just the objective person to let it run its natural course. There should be none of this stepping in and pre-empting a case instead of letting the Interior Board of Indian Appeals do just what they're supposed to do.
George should, in his non-acting position, not get involved, but make sure that every step, every superintendent, director, manager, specialist, is involved and pursuing justice, whatever that decision may be. Justice is what every tribal member is looking for. Let's hope that in this case, the tribal members get their say. Let's not go for a repeat of past Principal Deputy Assistant Secretary's woeful decisions against tribal sovereignty and objective judicial inquiries. George Skibine, may we introduce you to George and Nelvette Siemion? They have a Native Land Issue to discuss with the appropriate levels of the Bureau of Indian Affairs? Could you see to it that, without influencing anybody in either direction, everybody knows that an objective, judicial decision with respect to Tribal Sovereignty is reached--and if it isn't that as a last resort the Interior Board of Indian Appeals can look this case over?
Thanks George.
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