Copyright © 2001 NLThomas
All Rights Reserved

In the mid-1800s, many American Indian tribes, weakened by disease, starvation and the threat of constant military engagement, began signing away their land and resources to the federal government. In return, the tribes were to receive reservation lands, equipment and rations on which to survive. But most important, the Bureau of Indian Affairs took on the legal role of "trustee" for the income from the lease or sale of the vast tracts of land. The income was to be managed and returned to the individual tribal members.

More than 500,000 accounts were set up and managed by the Bureau of Indian Affairs, with virtually no oversight or proper accounting methods. Today, it is estimated that up to $40 billion in royalties is owed to individual tribal members - but because the accounts are in such a state of chaos, it is a number that can only be charitably characterized as a "guess." So it is ironic that this "special trust relationship" created to prevent fraud and abuse that was so pervasive in Indian affairs in the 1800s has been a colossal failure for Indian people. Now, more than 100 years later, the U.S. government is still doing the kinds of things that brought shame to our nation.

Since the case of Cobell vs. Babbitt (now Cobell vs. Norton) was filed in 1996 on behalf of Blackfeet trust member Eloise Cobell and 500,000 Indian plaintiffs, the government and its army of attorneys continue to resist, confound and mislead the courts; and destroy evidence and obstruct justice while Indian people remain some of the most impoverished in the nation.

"The failure of this government to do anything that it has promised is historical with regard to the trust beneficiaries," said Dennis Gingold, lead attorney for the plaintiffs. "We have never seen any situation where so much has been misstated, where this court has been so misled, where this court, in fact, has been treated like trust beneficiaries who are Indian."

Last week, Interior Secretary Gale Norton and Bureau of Indian Affairs Director Neal McCaleb were ordered to stand trial for contempt of court by U.S. District Judge Royce C. Lamberth, whose patience with the government's behavior has worn thin.

Disgusted with the stalling tactics, destruction of documents and withholding of evidence, Lamberth has had to resort to threats of imprisonment and impounding the personal assets of Norton and McCaleb to move the case forward.

Norton, a Johnny-come-lately to Indian affairs, has received poor advice from her BIA advisers. Her plan to move the trust into a special "receivership" under former BIA Director Ross Swimmer was made without collaboration from the tribes - a move that caught many tribal leaders off guard. In direct response, a group of Northern Plains tribal leaders have sent a letter to Norton urging that no action be taken with the trust issue until they have had an opportunity to review her recommendations.

Whether the trust is eventually managed through another entity, however, remains to be seen. But history has shown that the BIA is completely incapable of managing the trust accounts.

From the beginning, tribes were duped, conned and flat-out lied to by agents, speculators and government officials who would say anything to get land from Indian people.

The solution, however, is simple. Hold the government to the legal and moral standards of any trust relationship. In every legal trust relationship, there is a minimum standard of expectations by the trustor. Why is it so difficult for the government to be held to the same standards?

The time has come for the U.S. government to restore its honor and remove the cloud of distrust and dishonorable dealings with Indian people. It is time to stop stalling, stonewalling and filing meaningless motions. It is time do the right thing.