Saturday, June 25, 2005

Financial Justice for Native Ancestors and Descendants

Sen. McCain (AZ) and Sen. Dorgan (ND) will soon introduce legislation to
resolve the Cobell case and to rectify financial abuses against tribes.
FCNL believes American Indians deserve our firm support in their
struggle to obtain monies owed to them, in some cases for over a
century. A hearing on the bill is scheduled for July. You can help
shape what is included in the legislation by asking your two senators to
seek financial justice for Indian families and by asking your newspapers
to write editorials.

On June 20, prominent Native American leaders will announce a set of
principles developed by a national working group that should underlie
any legislation to correct the Department of Interior's Indian trust
fund scandal. Native leaders from hundreds of tribes and account holder
associations representing half-a-million individuals are hoping that
they can support or amend the legislation, but that will depend on
whether the legislation addresses key issues and follows principles
outlined by native leaders. To obtain a list of these principles, check
our website, http://www.fcnl.org on June 21.

A number of those leaders have pointed out sadly that their
grandparents, many of whom lived in stark poverty, tried and tried to
get this injustice addressed clear back in their era. Even though
Congress passed Indian trust reform legislation in 1994, there are still
problems 11 years later.

The question now is whether or not the legislation to be introduced will
be fair and adequate to redress the enormous financial harm that has
been done by the federal government to innocent Indian families. Why
would Congress be unfair? A fair aggregate settlement sum involves
double digit billions of dollars. However, there is an off-budget fund
to tap when the federal government makes mistakes.

TAKE ACTION NOW

Urge your senators to:

* heed the united voice of Indian Country. Native American experts held
field hearings and developed approximately 50 constructive and specific
recommendations for trust reform;

* pay what the federal government owes by using the Claims Judgment Fund
which is used to pay compensation when the federal government is at
fault;

* remember that this is their money, that the federal government
collected for them--not welfare, or an entitlement. In our capitalist
system, only Indians are land rich and dirt poor. The resolution
involves a one-time repayment. Moreover, the money owed to account
holders has nothing to do with gaming or regular Bureau of Indian
Affairs programs.

It's easy to contact your Senators! Go to

http://capwiz.com/fconl/issues/alert/?alertid=7732101

enter you zip codein the box and click .

BACKGROUND

When the U.S. seized control of millions of acres of Indian land in
1887, government officials established trust accounts for Native
American landowners to protect their assets. Like a bank, the federal
government was to collect and manage the proceeds from the use of the
land by corporations and others and give the profits to the account
holders, but guess what?!
Now federal courts have ruled that the government is liable because it
does not have records for most transactions since 1887. (See FCNL's
chronology of trust fund mismanagement,

http://www.fcnl.org/issues/item.php?item_id=1383&issue_id=112).

Trust law says that when proper accounts are not kept, trustees or money
holders must pay when they cannot prove what they collected and
distributed.

Federal courts have ruled that Interior is in breach of trust and must
pay interest on monies not properly collected and disbursed to
individual account holders. The amount of money is staggering because
Congress and Interior have sidestepped and delayed this financial
reckoning through dozens of administrations. (Read FCNL's timeline of
legislative proposals designed to solve the trust fund mismanagement,

http://www.fcnl.org/issues/item.php?item_id=1385&issue_id=112).

In the last decade, courts have called for historic accounting and for security
protections for the Individual Indian Money (IIM) accounts.
Although millions have been spent making changes in accounting and
computers and adding personnel, problems continue to this day. Numerous
officials in Interior have been held in contempt of court because they
have tried to paper over continuing serious deficiencies in accounting
and fund protection. Three cabinet secretaries, both Democrat and
Republican, have been held in contempt by the judge overseeing a class
action law suit about these problems. For more information, go to
http://www.indiantrust.com

______________________

Honor the Promises to Native Americans,
http://www.fcnl.org/issues/issue.php?issue_id=93

Contact Congress and the Administration:
http://capwiz.com/fconl/dbq/officials/

Order FCNL publications and "War is Not the Answer" bumper stickers and
yard signs:
http://www.fcnl.org/newinfo/special_pub.htm

http://www.fcnl.org/iraq-war.htm

Contribute to FCNL:
http://www.fcnl.org/support.htm

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Friends Committee on National Legislation
245 Second St. NE, Washington, DC 20002-5795
fcnl@fcnl.org * www.fcnl.org

phone: (202)547-6000 * toll-free: (800)630-1330
_______________________________________________

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