/PRNewswire/ -- Attorney General Eric Holder and Secretary of the Interior Ken Salazar today announced a settlement of the long-running and highly contentious Cobell class-action lawsuit regarding the U.S. government's trust management and accounting of over three hundred thousand individual American Indian trust accounts. Also speaking at the press conference today were Associate Attorney General Tom Perrelli and Deputy Secretary of the Interior David Hayes.
"Over the past thirteen years, the parties have tried to settle this case many, many times, each time unsuccessfully," said Attorney General Holder. "But today we turn the page. This settlement is fair to the plaintiffs, responsible for the United States, and provides a path forward for the future."
"This is an historic, positive development for Indian country and a major step on the road to reconciliation following years of acrimonious litigation between trust beneficiaries and the United States," Secretary Salazar said. "Resolving this issue has been a top priority of President Obama, and this administration has worked in good faith to reach a settlement that is both honorable and responsible. This historic step will allow Interior to move forward and address the educational, law enforcement, and economic development challenges we face in Indian Country."
Under the negotiated agreement, litigation will end regarding the Department of the Interior's performance of an historical accounting for trust accounts maintained by the United States on behalf of more than 300,000 individual Indians. A fund totaling $1.4 billion will be distributed to class members to compensate them for their historical accounting claims, and to resolve potential claims that prior U.S. officials mismanaged the administration of trust assets.
In addition, in order to address the continued proliferation of thousands of new trust accounts caused by the "fractionation" of land interests through succeeding generations, the settlement establishes a $2 billion fund for the voluntary buy-back and consolidation of fractionated land interests. The land consolidation program will provide individual Indians with an opportunity to obtain cash payments for divided land interests and free up the land for the benefit of tribal communities.
By reducing the number of individual trust accounts that the U.S. must maintain, the program will greatly reduce on-going administrative expenses and future accounting-related disputes. In order to provide owners with an additional incentive to sell their fractionated interests, the settlement authorizes the Interior Department to set aside up to 5 percent of the value of the interests into a college and vocational school scholarship fund for American Indian students.
The settlement has been negotiated with the involvement of the U.S. District Court for the District of Columbia. It will not become final until it is formally endorsed by the court. Also, Congress must enact legislation to authorize implementation of the settlement. Because it is a settlement of a litigation matter, the Judgment Fund maintained by the U.S. Departments of Justice and Treasury will fund the settlement.
"While we have made significant progress in improving and strengthening the management of Indian trust assets, our work is not over," said Salazar, who also announced he is establishing a national commission to evaluate ongoing trust reform efforts and make recommendations for the future management of individual trust account assets in light of a congressional sunset provision for the Office of Special Trustee, which was established by Congress in 1994 to reform financial management of the trust system.
The class action case, which involves several hundred thousand plaintiffs, was filed by Elouise Cobell in 1996 in the U.S. District Court for the District of Columbia and has included hundreds of motions, dozens of rulings and appeals, and several trials over the past 13 years. The settlement funds will be administered by the trust department of a bank approved by the district court and distributed to individual Indians by a claims administrator in accordance with court orders and the settlement agreement.
Interior currently manages about 56 million acres of Indian trust land, administering more than 100,000 leases and about $3.5 billion in trust funds. For fiscal year 2009, funds from leases, use permits, land sales and income from financial assets, totaling about $298 million were collected for more than 384,000 open Individual Indian Money accounts and $566 million was collected for about 2,700 tribal accounts for more than 250 tribes. Since 1996, the U.S. Government has collected over $10.4 billion from individual and tribal trust assets and disbursed more than $9.5 billion to individual account holders and tribal governments.
The land consolidation fund addresses a legacy of the General Allotment Act of 1887 (the "Dawes Act"), which divided tribal lands into parcels between 40 and 160 acres in size, allotted them to individual Indians and sold off all remaining unallotted Indian lands. As the original holders died, their intestate heirs received an equal, undivided interest in the lands as tenants in common. In successive generations, smaller undivided interests descended to the next generation.
Today, it is common to have hundreds -- even thousands -- of Indian owners for one parcel of land. Such highly fractionated ownership makes it extremely difficult to use the land productively or to provide beneficial use for any individual. Absent serious corrective action, an estimated 4 million acres of land will continue to be held in such small ownership interests that very few individual owners will ever derive any meaningful financial benefit from that ownership.
Additional Information is available at the following sites: www.cobellsettlement.com. The Department of the Interior website: www.doi.gov. The Office of the Special Trustee website: www.ost.doi.gov.
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Showing posts with label trust. Show all posts
Showing posts with label trust. Show all posts
Tuesday, December 8, 2009
Wednesday, September 23, 2009
Attorney General Establishes New State Secrets Policies and Procedures
/PRNewswire/ -- Attorney General Eric Holder today issued a memorandum instituting new Department of Justice policies and procedures in order to ensure greater accountability in the government's assertion of the state secrets privilege in litigation.
"This policy is an important step toward rebuilding the public's trust in the government's use of this privilege while recognizing the imperative need to protect national security," Holder said. "It sets out clear procedures that will provide greater accountability and ensure the state secrets privilege is invoked only when necessary and in the narrowest way possible."
Earlier this year, Attorney General Holder ordered senior Justice officials to conduct a review of the Department's existing state secrets policies and procedures, including an internal evaluation of the pending cases in which the privilege had been invoked. The results of that internal review were shared with an interagency group comprised of officials from the Department and the intelligence community, which provided input into the formulation of the new policies and procedures. The new policy and procedures take effect October 1, 2009.
The Attorney General's memorandum outlines several aspects of the new administrative process that increases accountability and oversight, including:
Facilitation of Court Review - The policy ensures that before approving invocation of the state secrets privilege in court, the Department must be satisfied that there is strong evidentiary support for it. In order to facilitate meaningful judicial scrutiny of the privilege assertions, the Department will submit evidence to the court for review.
Significant Harm Standard - The policy adopts a more rigorous standard to govern when the Department will defend assertions of the state secrets privilege in new cases. Under the new policy, the Department will now defend the assertion of the privilege only to the extent necessary to protect against the risk of significant harm to national security.
Narrow Tailoring of Privilege Assertions - Under this policy, the Department will narrowly tailor the use of the states secrets privilege whenever possible to allow cases to move forward in the event that the sensitive information at issue is not critical to the case. As part of this policy, the Department also commits not to invoke the privilege for the purpose of concealing government wrongdoing or avoiding embarrassment to government agencies or officials.
State Secrets Review Committee - A State Secrets Review Committee will be formed consisting of senior Department officials designated by the Attorney General who will evaluate any recommendation by the Assistant Attorney General of the relevant Division to invoke the privilege. The Committee would make its recommendation to the Associate Attorney General, who would review and refer to the Deputy Attorney General for a final recommendation to the Attorney General or his designee.
Approval by the Attorney General -- The policy requires the approval of the Attorney General prior to the invocation of the states secret privilege, except when the Attorney General is recused or unavailable. Previously, the invocation of the state secrets privilege could be approved by the appropriate Assistant Attorney General Referral to Inspectors General. The policy implements a referral process to relevant Offices of Inspector General whenever there are credible allegations of government wrongdoing in a case, but the assertion of state secrets privilege might preclude the case from moving forward.
Under the policy, the Department also commits to provide periodic reports on all cases in which the privilege is asserted to the appropriate oversight Committees in Congress.
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"This policy is an important step toward rebuilding the public's trust in the government's use of this privilege while recognizing the imperative need to protect national security," Holder said. "It sets out clear procedures that will provide greater accountability and ensure the state secrets privilege is invoked only when necessary and in the narrowest way possible."
Earlier this year, Attorney General Holder ordered senior Justice officials to conduct a review of the Department's existing state secrets policies and procedures, including an internal evaluation of the pending cases in which the privilege had been invoked. The results of that internal review were shared with an interagency group comprised of officials from the Department and the intelligence community, which provided input into the formulation of the new policies and procedures. The new policy and procedures take effect October 1, 2009.
The Attorney General's memorandum outlines several aspects of the new administrative process that increases accountability and oversight, including:
Facilitation of Court Review - The policy ensures that before approving invocation of the state secrets privilege in court, the Department must be satisfied that there is strong evidentiary support for it. In order to facilitate meaningful judicial scrutiny of the privilege assertions, the Department will submit evidence to the court for review.
Significant Harm Standard - The policy adopts a more rigorous standard to govern when the Department will defend assertions of the state secrets privilege in new cases. Under the new policy, the Department will now defend the assertion of the privilege only to the extent necessary to protect against the risk of significant harm to national security.
Narrow Tailoring of Privilege Assertions - Under this policy, the Department will narrowly tailor the use of the states secrets privilege whenever possible to allow cases to move forward in the event that the sensitive information at issue is not critical to the case. As part of this policy, the Department also commits not to invoke the privilege for the purpose of concealing government wrongdoing or avoiding embarrassment to government agencies or officials.
State Secrets Review Committee - A State Secrets Review Committee will be formed consisting of senior Department officials designated by the Attorney General who will evaluate any recommendation by the Assistant Attorney General of the relevant Division to invoke the privilege. The Committee would make its recommendation to the Associate Attorney General, who would review and refer to the Deputy Attorney General for a final recommendation to the Attorney General or his designee.
Approval by the Attorney General -- The policy requires the approval of the Attorney General prior to the invocation of the states secret privilege, except when the Attorney General is recused or unavailable. Previously, the invocation of the state secrets privilege could be approved by the appropriate Assistant Attorney General Referral to Inspectors General. The policy implements a referral process to relevant Offices of Inspector General whenever there are credible allegations of government wrongdoing in a case, but the assertion of state secrets privilege might preclude the case from moving forward.
Under the policy, the Department also commits to provide periodic reports on all cases in which the privilege is asserted to the appropriate oversight Committees in Congress.
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Friday, January 16, 2009
Libertarians: Most Dangerous Part of Bush Legacy is What Cannot Be Seen
America's largest third party says the most dangerous part of President George Bush's legacy is that which cannot be seen. "President Bush leaves office after eight years having pushed the idea that people should trust the government because it knows what's right for them," says Libertarian Party spokesperson Andrew Davis. "This is the most dangerous facet of the Bush legacy."
"In a matter of decades, we have gone from President Reagan who said the nine most terrifying words in the English language are: 'I'm from the government and I'm here to help,' to President Bush, who considers those words to be inspirational and rousing," says Davis.
"Americans, especially conservatives, have been brainwashed into trusting—without question—that the government will do the right thing," says Davis. "What have we gotten in exchange? A bigger, more powerful government that has shown no fidelity to civil liberties or the Constitution."
"Americans forgot that enemies of freedom are both foreign and domestic," says Davis.
"Bush leaves office with many Republicans looking at government the same as their Democratic colleagues," says Davis. "They see government as an agent of good in society, rather than an agent of corruption or iniquity. The economy can rebound and civil liberties can be restored, but ideas have lasting consequences. The idea that government can be unquestionably trusted will have disastrous consequences for liberty in the United States," explains Davis.
"The most terrifying phrase a citizen of a free country can hear is, 'In Government We Trust,'" says Davis.
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"In a matter of decades, we have gone from President Reagan who said the nine most terrifying words in the English language are: 'I'm from the government and I'm here to help,' to President Bush, who considers those words to be inspirational and rousing," says Davis.
"Americans, especially conservatives, have been brainwashed into trusting—without question—that the government will do the right thing," says Davis. "What have we gotten in exchange? A bigger, more powerful government that has shown no fidelity to civil liberties or the Constitution."
"Americans forgot that enemies of freedom are both foreign and domestic," says Davis.
"Bush leaves office with many Republicans looking at government the same as their Democratic colleagues," says Davis. "They see government as an agent of good in society, rather than an agent of corruption or iniquity. The economy can rebound and civil liberties can be restored, but ideas have lasting consequences. The idea that government can be unquestionably trusted will have disastrous consequences for liberty in the United States," explains Davis.
"The most terrifying phrase a citizen of a free country can hear is, 'In Government We Trust,'" says Davis.
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Tuesday, December 16, 2008
Gingrich Calls on RNC to Pull 'Destructive' Ad
/PRNewswire-USNewswire/ -- Former House Speaker Newt Gingrich, Chairman of American Solutions for Winning the Future, today sent a letter to RNC Chairman Mike Duncan urging him to pull down a web advertisement attempting to link President-elect Barack Obama and disgraced Illinois Governor Rod Blagojevich.
Text of the letter is as follows:
Dear Chairman Duncan,
I was saddened to learn that at a time of national trial, when a president-elect is preparing to take office in the midst of the worst financial crisis in over seventy years, that the Republican National Committee is engaged in the sort of negative, attack politics that the voters rejected in the 2006 and 2008 election cycles.
The recent web advertisement, "Questions Remain," is a destructive distraction. Clearly, we should insist that all taped communications regarding the Senate seat should be made public. However, that should be a matter of public policy, not an excuse for political attack.
In a time when America is facing real challenges, Republicans should be working to help the incoming President succeed in meeting them, regardless of his Party.
From now until the inaugural, Republicans should be offering to help the President-elect prepare to take office.
Furthermore, once President Obama takes office, Republicans should be eager to work with him when he is right, and, when he is wrong, offer a better solution, instead of just opposing him.
This is the only way the Republican Party will become known as the "better solutions" party, not just an opposition party. And this is the only way Republicans will ever regain the trust of the voters to return to the majority.
This ad is a terrible signal to be sending about both the goals of the Republican Party in the midst of the nation's troubled economic times and about whether we have actually learned anything from the defeats of 2006 and 2008.
The RNC should pull the ad down immediately.
Sincerely,
Newt Gingrich
Chairman, American Solutions
Former Speaker of the House of Representatives
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Text of the letter is as follows:
Dear Chairman Duncan,
I was saddened to learn that at a time of national trial, when a president-elect is preparing to take office in the midst of the worst financial crisis in over seventy years, that the Republican National Committee is engaged in the sort of negative, attack politics that the voters rejected in the 2006 and 2008 election cycles.
The recent web advertisement, "Questions Remain," is a destructive distraction. Clearly, we should insist that all taped communications regarding the Senate seat should be made public. However, that should be a matter of public policy, not an excuse for political attack.
In a time when America is facing real challenges, Republicans should be working to help the incoming President succeed in meeting them, regardless of his Party.
From now until the inaugural, Republicans should be offering to help the President-elect prepare to take office.
Furthermore, once President Obama takes office, Republicans should be eager to work with him when he is right, and, when he is wrong, offer a better solution, instead of just opposing him.
This is the only way the Republican Party will become known as the "better solutions" party, not just an opposition party. And this is the only way Republicans will ever regain the trust of the voters to return to the majority.
This ad is a terrible signal to be sending about both the goals of the Republican Party in the midst of the nation's troubled economic times and about whether we have actually learned anything from the defeats of 2006 and 2008.
The RNC should pull the ad down immediately.
Sincerely,
Newt Gingrich
Chairman, American Solutions
Former Speaker of the House of Representatives
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