Could say ... time to remember as the topic here.

http://www.indianz. com/News/2006/ 016862.asp
Editorial: Another good shot emerges for Cobell

Friday, November 10, 2006 With Congress headed back to Washington next week under a new Democratic majority, Indian Country can get to work on a real settlement to the Cobell trust fund lawsuit.

The case came close to resolution this summer when the Senate Indian Affairs Committee advanced an $8 billion settlement that the plaintiffs and Indian stakeholders were willing to accept. But Sen. John McCain, who spent more time investigating than legislating during his past two years as chairman of the panel, unwisely let the Bush administration delay the bill not just once, but twice.

Then he let the White House kill the settlement altogether by unleashing the October Surprise -- a plan to terminate the trust without paying for past mistakes. Former National Congress of American Indians president Tex Hall rightly called it the "weakest proposal I've ever seen in my 10 years as being a tribal leader."

No one knows for sure why McCain relented, especially after he boasted that he and Congress have never bowed to the wishes of the executive branch, or anyone else for that matter. "Excuse me," he said at a hearing, his code words for "You are wrong, I am right."

As a leader on Indian issues, McCain can definitely play an important role in the 110th Congress as the plaintiffs push for a fair settlement. "We will work closely with the new Congress to resolve the litigation fairly and expeditiously, " Elouise Cobell, the lead plaintiff, said yesterday.

But he gave it his "one good shot" -- those were his words remember? -- and he failed. The Democratic takeover, though, gives everyone a new start that few could have envisioned a couple of weeks ago.

With that in mind, a settlement should do the following:

• Settle the Cobell historical accounting -- and only the Cobell historical accounting -- for billions. Tribal claims should not be touched

.• Establish a commission, panel, board or other entity that will develop fiduciary standards to manage trust funds and assets. The trustee should be held accountable to the standards.

• Eliminate the Office of Special Trustee, a move that will put the Indian back in Bureau of Indian Affairs. Ross Swimmer will be looking for a new job soon anyway.

Resolving fractionated heirships is a lofty goal but not one for inclusion in the bill. After all, didn't Congress just pass yet another round of amendments to the Indian Land Consolidation Act?

"It's not the root cause of the mismanagement we're talking about," Cobell said of fractionation on Native America Calling on Monday. It's obvious that it will take serious study, and resources, before more legislation on this issue.
Finally, Congress must adequately fund the BIA so that it can fix the problems and carry out future solutions. The money to do this can't come from the settlement.

Once the suit is settled, Indian Country can work on other equally pressing issues that the Bush administration cast aside in order to blame inaction on Cobell. The 110th Congress gives everyone another good shot.

Briefing Paper:

NEWLY PROPOSED PROVISIONS FOR SENATE BILL 1439 THE INDIAN TRUST REFORM ACT

(SCIA 10/23)
Press Release:

ADDITIONAL CONSULTATION MEETINGS TO BE HELD ON S.1439

(SCIA 10/19)
Relevant Documents:

Staff Draft of Cobell Settlement Bill (Posted by ITMA)
Senate Indian Affairs Committee Statement:

INDIAN AFFAIRS COMMITTEE POSTPONES CONSIDERATION OF TRUST REFORM LEGISLATION (August 2, 2006)
Indian Trust Reform Act:S.1439 H.R.4322
Relevant Links:Senate Indian Affairs Committee - http://indian. senate.gov Indian Trust: Cobell v. Kempthorne - http://www.indiantr ust.com

Office of Special Trustee - http://www.ost. doi.gov

Cobell v. Norton, Department of Justice - http://www.usdoj. gov/civil/ cases/cobell/ index.htm

Related Stories:Cobell says Bush kills legislative settlement (11/9)

Tribal opposition to trust reform bill growing (11/2)

Editorial: End federal management of trust (11/1)

Tribes face trust challenges from Bush administration (10/31)

Cobell attorney criticizes Bush changes to bill (10/27)

Staff confirms Bush behind Cobell proposals (10/26)

Bush seeks major changes to Cobell bill (10/24)

Senate committee holds more Cobell meetings (10/23)

Time running out on Cobell settlement bill (10/23)

Cobell sees parallels in Aboriginal wage theft (10/16)

NCAI to consider resolution in support of Cobell bill (10/6)

Bush assailed for 'ambush' on Indian health care (10/5)

Latest delay in Cobell settlement tied to White House (10/3)

Cobell: Interior mishandles Indian money too (10/2)

Navajo woman fights for trust fund accountability (9/25)

Senate committee sends Cobell letter to Kempthorne (9/18)

Interior delays Cobell settlement legislation (9/15)

McCain firm on $8B settlement for Cobell (9/5)

Senate staff to discuss Cobell settlement in Tulsa (8/30)

Cobell shifts appeal strategy to keep judge on case (8/29)

Cobell fights for judge in trust fund case (8/25)

Senate committee to discuss Cobell settlement (8/24)

Human Rights Magazine: Cobell, Native issues (8/22)

Editorial: Justice for Indian account holders (8/18)

Professor: Removal of Judge Lamberth a tragedy (8/7)

Cobell eager to settle Indian trust fund lawsuit (8/7)

Letter: Nearly $1B wasted on Swimmer's trust reform (8/7)

Editorial: Stop delaying settlement to Cobell (8/4)

McCain puts twist in Cobell settlement bill (8/3)

Bush officials asked McCain to delay Cobell settlement (8/3)

Cobell settlement bill 'dead' in Congress (8/2)

Time running out on Cobell settlement bill (7/28)

Editorial: It's time for settlement on Cobell (7/28)

Ross Swimmer: Interior still 'working' on trust (7/28)

Cobell issues statement on settlement talks (7/25)

Cobell settlement awaited in Indian Country (7/25)

Jodi Rave: Cobell worried about settlement legislation (7/24)

Mark Trahant: It's time for the U.S. to keep its word (7/17)

Editorial: Lamberth too honest in trust fund case (7/17)

Cooler heads sought in Indian trust fund fight (7/14)

Lamberth removed from Cobell trust fund case (7/12)

Lamberth is third judge removed by D.C. Circuit (7/12)

Cobell settlement rumored to be in the billions (7/5)

Cobell rallies for support on trust fund lawsuit (06/19)

Editorial: Give Kempthorne a chance on Cobell (6/15)

Cobell files contempt charges against Kempthorne (6/13)

Editorial: Dirk Kempthorne arrives in Washington (6/13)

Swimmer calls Cobell settlement 'reparations' (5/8)

Cobell: Settle Indian trust fund case for billions (4/20)

Cobell to appear on C-SPAN Washington Journal (4/12)

Cobell renews call for receiver as court hears case (4/12)

Cobell vows fight to resolve trust fund lawsuit (4/10)

Cobell plans big showing on day of court hearing (4/4)

Jodi Rave: Tribes alarmed at trust reform initiative (4/3)

Cobell addresses trust fund mismanagement (3/30)

Ross Swimmer: Indian trust not about mismanagement (3/29)

Norton denies fraud or major problem with trust (3/29)

GAO report warns of billions in lost oil, gas royalties (3/29)

Witness list for hearing on Indian Trust Reform Act (3/28)

DOI trust reform meeting set for Portland, Oregon (3/24)

Kempthorne faces hot issues at Interior Department (3/21)

DOI pressed for more clarity on trust initiative (3/3)

Congress urged to settle Cobell lawsuit for billions (03/02)

Listening Lounge: Joint hearing on Cobell v. Norton (03/01)

Interior hits the road with new trust reform initiative (02/08)

Jodi Rave: Garcia calls for settlement of Cobell (2/3)

Cason slashes BIA budget and blames it on Cobell (2/3)

Tribes discuss trust reform bill, Cobell settlement (1/31)

Commentary: Swimmer still not telling the truth on trust (1/26)

Opinion: Indians want $12B of 'YOUR' money (01/10)

Cobell: Appeals court ruling a favorable one (12/21)

Cobell team awarded fees for lengthy court fight (12/21)

Ross Swimmer: No 'lump sum' settlement for Cobell (12/19)

Attorney: Interior still not living up to trust duties (12/19)

Report: Cason says termination of trust on the table (12/16)

Still no agreement on settlement to Cobell (12/9)

Audio: House Resources hearing on Cobell (12/8) House Resources to hold hearing on Cobell (12/5)

Elouise Cobell: Lamberth frustrated with DOI (11/28)

Judge Lamberth, the cowboy, sides with Indians (11/28)

Editorial: Settle Cobell trust fund lawsuit (11/25)

Cobell to press Interior on accounting mess (11/22)

Cobell says government not off the hook on trust fund (11/21)

Broad accounting of Indian trust fund blocked (11/16)

Battle over Cobell trust fund case heats up (10/24)

Appeals court considers bias charges in Cobell lawsuit (10/17)

Another Cobell v. Norton hearing this week (10/11)

Interior warned of computer security risks again (09/30)

Editorial: BIA is busy ... dumping trust records (09/29)

Opinion: A century of stalling on Indian trust (9/28)

Editorial: Interior's 'self-serving' claims on trust (9/27)

Editorial: Lamberth now knows what termination is like (9/23)

Trust fund records dumped by federal records agency (9/22)

Editorial: Time to get to bottom of trust fund woes (09/22)

Cobell plaintiffs: Swimmer to blame for trust woes (09/20)

DOI spends $30K to produce glossy report on trust (09/20)

Appeals court hears latest Cobell v. Norton dispute (09/19)

Commentary: Government cheating Indians on trust fund (09/19)

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Appeals court delays Lamberth fairness complaint (09/16)

Lamberth has many fans but Interior not one of them (09/15)

Ross Swimmer: Cobell suit not about mismanagement (09/14)

Two Cobell v. Norton court hearings this week (09/13)

Swimmer disputes Cobell trust fund lawsuit (9/8)

Cobell speaks to account holders on Navajo Nation (9/2)

Editorial: Both sides must work on trust reform bill (9/1)

Interior to negotiate with tribes on trust records policy (08/30)

Cobell speaks to account holders in Arizona (8/31)

Cobell blasts effort against trust fund judge (8/29)

Cobell to update account holders on lawsuit (8/24)

Editorial: Fix trust fund, don't target Lamberth (8/18)

Norton wants Lamberth taken off Cobell case (8/16) Cobell Letter: Ross Swimmer can't tell the truth (08/08)

Resolution of Cobell v. Norton appears far away (08/05)

Editorial: McCain and Dorgan should fix trust bill (08/04)

BLM CIO threatened with demotion in Cobell case (08/02)

Indian Country, Interior far apart on trust bill (08/01)

Editorial: Settlement of trust fund case at hand (08/01)

Appeals court stays Lamberth order on notices (07/29)

Judge blasts Interior on handling of trust (7/13)

Elouise Cobell: Principles put trust back into trust fund (07/07)

Cobell and Cason to appear on C-SPAN program (7/6)

Cobell calls for settlement of trust fund lawsuit (7/5)

Editorial: Resolution of trust fund debacle needed (7/5)

Editorial: Abramoff scandal can't compare to trust (6/30)

Opinion: Downfall of Indians traced to Army, BIA (6/28)

Pombo supports settlement of Cobell trust fund case (6/27)

Harjo: Tribes lobby to fleece their own people (6/24)

Editorial: Congress should settle trust fund (6/24)

Editorial: Trust fund a 'national embarassment' (6/22)

Indian Country united on trust reform solutions (6/21)

Trust workgroup to outline Cobell settlement goals (6/17)

Echohawk optimistic on settlement of Cobell case (06/03)

Final trust reform meeting held in North Dakota (6/3)

UTTC hosts meeting on trust reform legislation (6/1)

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NCAI and ITMA hold second trust reform meeting (05/04)

Bush administration won't give up fight on Cobell (03/18)

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Appeals court supports Lamberth's authority on IT (12/06)

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A super assistant secretary, in all but name (05/03)

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Trust system takes center stage in contempt (2/1)

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Norton: Trust reform blueprint 'obsolete' (1/18)

Under watch of Swimmer, TAAMS halted (1/18)

Norton signs trust reform update (1/17)

Witness testifies against software corruption (1/15)

TAAMS: The Titanic Failure (12/20)

TAAMS failure traced to promoted manager (12/20)

Norton ordered to submit trust fund report (12/18)

Official: Trust fund fix at 'great risk' of failure (10/10)

Memo: Solicitor's order was 'intimidating' (10/10)

Interior delaying trust reform report (9/6)

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