Wampum

Statement by Elouise Cobell
Lead Plaintiff, Cobell vs. Kempthorne
A class action lawsuit over mismangement of the Individual Indian Trust

WASHINGTON, Aug. 2 -- It is unfortunate that the Bush Administration refuses to endorse the efforts of Senate Indian Affairs Chairman John McCain, R-Arizona, and Vice Chairman Bryon Dorgan, D-North Dakota, to reach a fair and expeditious settlement of the Cobell litigation.

Although the Administration has had more than a year to evaluate S.1489 -- a bill that would, among other things, resolve the Cobell case -- Interior Secretary Dirk Kempthorne and Attorney General Alberto Gonzalez at the 11th hour asked the senators not to mark-up of the bill as scheduled this morning. They based this request on the grounds that they wanted the month of August to work out issues they had with the proposed settlement act.

No one in Indian Country believes the Administration actually needs any more time to consider this resolution. Nor is there any reason to believe that the Administration is more serious now, given their record of resistance, irrespective of what they say. There is nothing new here in the Bush administration's attitude.

The government has never negotiated in good faith, notwithstanding court orders or congressional directive. And we would note that the Court of Appeals just this past month stressed the need for a prompt and fair resolution, while also noting that "Interior's deplorable record deserves condemnation in the strongest terms. Words like 'ignominious" and "incompeten[t]'...and 'malfeasance' and 'recalcitrance' are fair and well-supported by the record."

Delay is business as usual for the Interior Department. Its bureaucrats and their friends continue to make money as long as they can stall this case in court. In fact, the Interior's own Inspector General just last week released a report condemning the granting of over $100 million of accounting work associated with the Cobell case. The reason: senior officials of the Department were giving no- bid contracts to their cronies and friends. So it is no surprise they don't want a settlement that will necessarily shut down the little cottage industry they have created.

I continue to support and look to the leadership of Senator McCain. He can make the difference. If he truly wants a resolution and uses his political power to get one, he can do so. But time is running very short. He -- along with others like Senator Conrad Burns, R-Montana, and Dorgan must take the necessary steps to ensure that justice so long denied is delayed no further. This bill will need to be marked up and personally shepherded through Congress by Chairman McCain immediately after the August recess. I and our lawyers will continue to work with the Committee on Indian Affairs to accomplish this task.

Senator McCain has personally given his word to me that he will do all he can to ensure a fair bill is enacted. His staff has informed us that Senator McCain believes that what is fair is at least $8 billion. We are confident he will keep his word to the 500,000 individual Indians who are depending on him.