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Wednesday, 24 February 2016 00:00

Judge approves nearly $1 billion settlement between U.S. and tribes

Written by Mary Hudetz | Associated Press
Judge approves nearly $1 billion settlement between U.S. and tribes Mary Hudetz | AP

A nearly $1 billion settlement between the Obama administration and Native American tribes has been settled over claims the government shorted tribes for decades on contract costs to manage education, law enforcement and other federal services.

ALBUQUERQUE, N.M.  — A judge has approved a nearly $1 billion settlement between the Obama administration and Native American tribes over claims the government shorted tribes for decades on contract costs to manage education, law enforcement and other federal services.

Attorneys for the tribes learned Wednesday that a federal judge in Albuquerque approved the agreement, about five months after the Interior Department and tribal leaders announced they had reached a proposed $940 million settlement in the class-action lawsuit.

The judge’s approval filed late Tuesday starts a process to release payment to the tribes that an attorney said could take several months. The ruling also authorized a $1.2 million reimbursement for lead plaintiff’s costs, and an agreement for attorneys to receive 8.5 percent of the final settlement amount.

“The end result was there were no objections to the settlement and no objections to the fee request,” said Michael Gross, an attorney for the tribes. “This showed a unity among Indian tribes that is absolutely astounding.”

Nearly 700 tribes or tribal agencies are expected to claim compensation, with amounts ranging from an estimated $8,000 for some Alaska Native villages and communities elsewhere to $58 million for the Navajo Nation.

All of Washington state’s federally-recognized tribes will receive money as well, Gross said.  According to a list of distribution amounts, the business council of the Colville Confederated tribes are due $13.3 million, the Confederated Tribes and Bands of the Yakama Nation $7.2 million. The settlement apportioned the sums using a formula that looked at the share of overall federal payments each tribe had received over the past 20 years.

Some underfunded federal contracts in the case reportedly dated back to the 1970s, when a policy change allowed tribes to gain more oversight of federal programs meant to fulfill obligations established through treaties and other agreements.

Val Panteah, governor of Zuni Pueblo, described “a financial death spiral” that came as his government tried to offset losses from the contracts in New Mexico. Other tribal leaders described trying to stem losses from the underfunded contracts with painful budget cuts as they tried to meet critical needs in their communities.

The case was first filed in 1990 by the Ramah Navajo Chapter, a community of about 4,000 that became the case’s lead plaintiff, along with the Oglala Sioux Tribe in South Dakota and Zuni Pueblo.

In 2012, the case went before the U.S. Supreme Court, which sided with the tribes and sent the case back to the lower courts before the Interior Department announced a proposed settlement in September.

Since the Supreme Court ruling, Congress has appropriated hundreds of millions of dollars to fully fund contract support costs for tribes.

The settlement is the latest in a recent string of major agreements between the Interior Department and tribes to resolve legal disputes that languished for years. In the largest agreement, the government agreed to pay out $3.4 billion to resolve claims over royalties owed to generations of individual landowners.

“It just shows the Obama administration has been working throughout two terms to stop litigating with tribes,” said Kevin Washburn, who recently resigned from his post as Interior Department Assistant Secretary for Indian Affairs. “Now, even in the last year of the administration, they’re getting this lengthy case settled.”

___

This story corrects the amount approved in court for attorneys’ fees.

Link to original article from The Seattle Times

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Rev. Rodney Sadler

Dr. Sadler's work in the community includes terms as a board member of the N.C. Council of Churches, Siegel Avenue Partners, and Mecklenburg Ministries, and currently he serves on the boards of Union Presbyterian Seminary, Loaves and Fishes, the Hispanic Summer Program, and the Charlotte Chapter of the NAACP. His activism includes work with the Community for Creative Non-Violence in D.C., Durham C.A.N., H.E.L.P. Charlotte, and he has worked organizing clergy with and developing theological resources for the Forward Together/Moral Monday Movement in North Carolina. Rev. Sadler is the managing editor of the African American Devotional Bible, associate editor of the Africana Bible, and the author of Can a Cushite Change His Skin? An Examination of Race, Ethnicity, and Othering in the Hebrew Bible. He has published articles in Interpretation, Ex Audito, Christian Century, the Criswell Theological Review, and the Journal of the Society of Biblical Literature and has essays and entries in True to Our Native Land, the New Interpreter's Dictionary of the Bible, the Westminster Dictionary of Church History, Light against Darkness, and several other publications. Among his research interests are the intersection of race and Scripture, the impact of our images of Jesus for the perpetuation of racial thought in America, the development of African American biblical interpretation in slave narratives, the enactment of justice in society based on biblical imperatives, and the intersection of religion and politics.

Rev. Rodney Sadler

Co - Chair - People Demanding Action
North Carolina Forward Together/Moral Monday Movem
Radio Host: Politics of Faith - Wednesday @ 11 am

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Ernie Powell has been involved in public policy, progressive campaigns and grassroots efforts since the mid 1960's. He worked as a boycott organizer with the United Farm Workers from 1968 until 1973. He then became a community organizer in Santa Monica, California involved in affordable housing advocacy while working with others in laying the foundation for one of the most progressive local rent control measures in the country. He organized on behalf of environmental and coastal access and preservation issues in California as well. Beginning in 1993 he served as Advocacy Representative and later as Manager of Advocacy for AARP in California working on national and state issues. He left AARP in 2012 to work as Field Director for the National Committee to Preserve Social Security and Medicare in Washington D.C. In late 2013 he returned to California and started a consulting business. He is a consultant with Social Security Works and is organizing groups nationally to fight for the protection and expansion of Social Security. He also consults with the California Long Term Care Ombudsman Association on issue impacting nursing home reform. He is a frequent author for Zocalo Public Square having just authored a piece on Social Security's 80th Birthday about the early impact of the Townsend Plan in building toward the passage of Social Security. Ernie has hosted two radio shows - the "Grassroots Corner" on "We Act Radio" in Washington D.C.and "the Campaign with Ernie Powell" at Radio Titans in Los Angeles. His focus for over 25 years has been on public policy issues impacting older Americans. He is a nationally recognized expert on grassroots organizing and campaigns. He is 66 years old and resides in Los Angeles, Ca.

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Social Security Works
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Robert Dawkins is the founder of SAFE Coalition, North Carolina located in Charlotte, North Carolina. SAFE Coalition NC is a grassroots community coalition working to build public trust and accountability in NC law enforcement. We believe that critical dialogue, citizen oversight and legislative action are required to design a safe, accountable, fair and equitable system of criminal justice in our state.

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