Tuesday, May 10, 2005

Fw: Honor the Promises to American Indians


----- Original Message -----
From: "Kathy Guthrie" <kathyguthrie@fcnl.org>
To: "Miriam Vieni" <miriamvieni@optonline.net>
Sent: Tuesday, May 10, 2005 5:20 PM
Subject: FCNL: Honor the Promises to American Indians

This month Native American and congressional leaders are meeting to
address the most serious issue in Indian Country in the 21st century:
how to hold the federal government accountable for Indian trust funds
flagrantly mismanaged by the Department of Interior.

The federal government's egregious conduct in mismanaging these funds
is of such momentous moral, legal, and financial importance that native
people have written "An Open Letter to the American People"
requesting help: http://capwiz.com/fconl/utr/1/DGVMERIVEX/BXSDERIVKU/

Long Standing Indian Trust Abuses by Interior

Over the past 100 years, according to accounts from whistle blowers,
money belonging to individual Indians and tribes was pilfered, skimmed,
redirected, or thrown in with general government funds by the U.S.
Department of the Interior or its appointed representatives. Yet, the
Interior Department has not identified or repaid any known thefts and
losses of trust resources, proceeds, or royalties. After struggling for
decades to receive a hearing, American Indian families went to federal
court to plead their case.

The D.C. Circuit Court of Appeals ruled in a class-action suit in favor
of half a million Native Americans whose funds have been handled
ineptly and unethically. The court stated, "The underlying lawsuit
is both an Indian case and a trust case in which the trustees have
egregiously breached their fiduciary duties." Yet, the U.S.
government has continued to appeal these court rulings and tried to
avoid responsibility. Now the Congress may intervene to help address
the issue.

Native people know this is an historic moment when finally the federal
government may be obliged to correct a hard-hearted and flawed system
and pay redress for a century of negligence. They are keenly aware that
this is a one-time opportunity to receive financial justice and to
reform a totally broken trust management system. They also know
Congress and the White House could support or undercut this
break-through.

Background

What is all of this about? Parade magazine (September 9, 2001) put it
this way, "When the U.S. government took control of Native
Americans' property rights in 1887, the Indians were assured they
would receive the income from their land. They never did-and now
they're fighting for it." Indians have received checks from the
Bureau of Indian Affairs but they are irregular and smaller than they
should be in far too many instances. A Los Angeles Times Magazine (July
7, 2002) story gives the example of Josephine Wild Gun who receives
less than $1,000 a year even though 7,000 acres of family land were
leased out for grazing, oil, minerals and timber.

The federal government has collected $13 billion in land-use money that
belongs to Indian land owners but cannot show how much money it paid
out. It threw out, lost, or never kept records. Withholding money from
Indian families--or "losing" their money-- is part of a
shameful pattern.

Why should we care?

Although successive administrations have denied the facts affirmed by
the courts, the federal government owes a huge amount of money to
Native Americans-- money that was in earmarked trust funds, money that
was theirs. This is not only wrong but is a troubling precedent that
should gravely concern the public.

All trust funds, including Social Security, depend on a system of
honesty, integrity, and accountability. This is essential to
maintaining the public trust. In the private sector, trustees are
jailed, fined, and otherwise punished for taking or not returning other
people's money. This is true for bankers, lawyers, accountants, and
individuals who manage accounts for the disabled or elderly. The Bush
administration stresses that good government involves transparency,
effectiveness, and accountability in government. The government must
practice what it preaches.

The native plaintiffs in this court case (Cobell v. Norton) are quite
close to getting redress in the court, but will Congress do the right
thing? . The plaintiffs need our support. With our advocacy help,
American Indian families can get back their own money, money that could
bring thousands of families out of stark poverty. You can help.

1. Ask your senators and representatives to find out more about this
issue. You can write them a letter on FCNL's web site:
http://capwiz.com/fconl/utr/1/DGVMERIVEX/HOYLERIVKV/

2. Sign up to receive the FCNL Native American Legislative updates by
email twice a month. Go to
http://capwiz.com/fconl/utr/1/DGVMERIVEX/NFWQERIVKW/ and check the box
to sign up for the Native American Legislative Update.

3. Support FCNL's Native American Program work:
http://capwiz.com/fconl/utr/1/DGVMERIVEX/ICINERIVKX/

Additional Information

An Open Letter to the American People, by Eloise Cobell:
http://capwiz.com/fconl/utr/1/DGVMERIVEX/CAOJERIVKY/

Trust Fund Responsibilities Unmet: The Story of the Cobell v. Norton
Case: http://capwiz.com/fconl/utr/1/DGVMERIVEX/BHBDERIVKZ/

Cobell: Native Americans Trying to Recover Funds:
http://capwiz.com/fconl/utr/1/DGVMERIVEX/MXQOERIVLA/

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