WASHINGTON – The lead plaintiff in the long-running Indian trust mismanagement suit against the Department of the Interior is frustrated by the wait-and-see approach being advocated by the department’s new secretary.
Interior Secretary Ken Salazar said in a recent interview with the Associated Press that he would like to see an end to the lawsuit in the short term.
Kendra Barkoff, a spokeswoman for Salazar, later told Indian Country Today that the secretary “is sincere in trying to find a resolution to this case.”
Salazar has suggested that the outcome of an upcoming federal appeal could lead to a settlement between the federal government and the approximately 500,000 Indian plaintiffs who have alleged mismanagement. The litigation centers on the argument that the government mismanaged billions of dollars in oil, gas, grazing, timber and other royalties overseen by the interior for Indian trustees since 1887.
The case, which has gone through numerous appeals since it was first filed in 1996, is expected to be heard before a D.C. circuit appellate court May 11.
U.S. District Judge James Robertson ruled in August that Indian account holders deserved $455.6 million for 121 years of trust mismanagement. The figure was less than the total amount spent by Congress and the federal government over the past decades trying to fix the trust management system.
Both the plaintiffs and the U.S. government have appealed the ruling.
Salazar appears to be pinning lots of hope on the new appeal, having told the AP the case may create the framework to move forward with some kind of final resolution of the litigation.
“What I do want to do is I want to get the matter resolved, and I say this because I think it’s been a blemish on the United States and the Department of Interior for such a long time,” he said in the interview.
He added that resources for Indian schools and law enforcement have suffered because the case has taken so long to resolve.
Lead plaintiff Eloise Cobell is unhappy with Salazar’s position, and has called his comments “an insult to Indian people.”
“The time to talk settlement is now,” Cobell told ICT March 18. She said that neither Salazar, nor anyone else from the Obama administration has contacted her to talk about possible settlement.
“I’m surprised I haven’t heard from them. … I really expected more from them.”
Barkoff indicated that it would be unlikely for Cobell or any other Indian plaintiffs to hear directly from Salazar. “Given the fact the matter is in litigation, any interaction needs to take place through legal counsel.”
But Cobell is still pressing, saying this case is all about standing ground. “If the secretary or the administration wants to settle this, the opportunity is now.”
She added that she would like to see the White House, the Department of Justice, and the Department of Treasury issue joint statements in favor of immediate settlement.
“After 13 years of being involved with this case, I’m just tired of the political rhetoric and broken promises to Indian country.”
Cobell noted that many of the Indian plaintiffs have died or are nearing the end of their lives.
The plaintiff said she was especially angry with Salazar’s point that the litigation has taken funds away from other pressing Indian country needs.
“That really bothers me – that’s not us,” Cobell said. “Why didn’t the department just settle this a long time ago?”
Cobell said she and other plaintiffs have become increasingly skeptical of the promise of change for Indian country the Obama administration has often promoted.
Salazar himself has said in the past that he wants to work closely with individual Natives and tribal governments on issues that affect them.
Cobell found it ironic that on the same day she was discussing problems she has with the Obama administration’s handling of the case, the interior issued a press release indicating that Salazar planned to release a major study of America’s bird population.
“I’m all for the birds,” Cobell said. “But I think the number one priority should be the Indian people who are dying every day without receiving the money they are due.”
Despite her fighting spirit, Cobell said her hopes are slim for a settlement before the appeal in May. She hopes if it does come down to an appeal, the monetary award for Indian plaintiffs will be substantially increased.

