DOJ INTERVENES IN LAWSUIT REGARDING CANCELLATION OF REDSKINS TRADEMARKS

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, January 9, 2015
Justice Department Intervenes in Lawsuit Involving Washington Redskins Trademark
Justice Department Will Defend Constitutionality of Trademark Statute

Earlier today, the government filed a notice of intervention in Pro-Football, Inc. v. Amanda Blackhorse, et al. notifying the court in the Eastern District of Virginia that it would defend the federal authorities of the U.S. Patent and Trademark Office’s U.S. Trademark Trial and Appeal Board (TTAB), the Justice Department announced.

In August 2006, five Native Americans, Amanda Blackhorse, Marcus Briggs, Philip Gover, Jillian Pappan and Courtney Tsotigh, sought the cancellation of six Washington Redskins trademark registrations under the Lanham Act on the grounds that the trademarks were disparaging to Native Americans at the time they were registered.  A panel of the TTAB agreed and issued a June 18, 2014 decision that the registrations should be canceled.

Pro-Football Inc., the owner of the Washington Redskins, filed a complaint in U.S. District Court on Aug. 14, 2014, against the five individuals who had petitioned the TTAB for invalidation of the Redskins trademarks.  Pro-Football Inc. is challenging the constitutionality of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a) on the grounds that the act violates the First Amendment to the U.S. Constitution.  The Lanham Act permits denial or cancellation of a trademark application if the trademark is disparaging or falsely suggests a connection with persons living or dead, institutions, beliefs or national symbols.  The act further provides that if a private party believes that a trademark was improperly registered, the party may commence a review proceeding before the TTAB seeking to have the trademark canceled.

The United States will defend the constitutionality of the federal statute.

“The Department of Justice is dedicated to defending the constitutionality of the important statute ensuring that trademark issues involving disparaging and derogatory language are dealt with fairly,” said Acting

Assistant Attorney General Joyce R. Branda for the Civil Division.  “I believe strongly in the rights of all Americans to celebrate and maintain their unique cultural heritage.  Going forward, we will strive to maintain the ability of the United States Patent and Trademark Office to make its own judgment on these matters, based on clear authorities established by law.”

The United States is specifically authorized by federal statute to intervene in any federal action in which the constitutionality of an act of Congress is drawn into question.  Intervention by the United States will not interfere with the timely adjudication of this action.

The case is being handled by the Justice Department’s Civil Division’s Federal Programs Branch with the assistance of the U.S. Attorney’s Office for the Eastern District of Virginia.

AG HOLDER WANTS TO BOOST VOTING ACCESS FOR AMERICAN INDIANS AND ALASKA NATIVES

FROM:  U.S. JUSTICE DEPARTMENT 

Monday, June 9, 2014

Attorney General Holder Suggests New Proposal to Boost Voting Access for American Indians and Alaska Natives

Idea Under Discussion Would Be to Require Jurisdictions That Include Tribal Lands to Locate at Least One Polling Place in Venue Selected by Tribal Government

In a new step to boost voting access for American Indians and Alaska Natives, Attorney General Eric Holder today suggested the idea of requiring state and local election administrators whose territory includes tribal lands to place at least one polling site in a location chosen by the tribal government.  Attorney General Holder said the Justice Department would begin consulting with tribal authorities about the concept, and following consultations, would seek to cooperate with Congress on enacting the potential proposal.

Attorney General Holder said action was necessary to confront the range of factors that have contributed to the reduced voting access experienced by American Indians and Alaska Natives.  Those factors include inaccessible polling places in tribal areas, English-only ballots for areas with limited English proficiency, and "precinct realignment" practices that attempt to combine geographically isolated Native communities.

“These conditions are not only unacceptable, they’re outrageous,” said Attorney General Holder.  "As a nation, we cannot, and we will not, simply stand by as the voices of Native Americans are shut out of the democratic process.  I am personally committed to working with tribal authorities – and with Congress – to confront disparities and end misguided voting practices once and for all.”

Attorney General Holder made the remarks in his weekly video message, which was posted on the Justice Department’s website.

Later today, Associate Attorney General Tony West will expand on this announcement in his remarks at the National Congress of American Indian Mid-year Conference in Anchorage, Alaska.  In his remarks, Associate Attorney General West will denounce the use of discriminatory practices used to prevent certain groups from participating in the voting process and further discuss the need to take critical next steps to tackle disenfranchisement among Indian Americans and Alaska Natives.

“Our proposal would give American Indian and Alaska Native voters a right that most other citizens take for granted: a polling place in their community where they can cast a ballot and receive voter assistance to make sure their vote will be counted,” Associate Attorney General West will say in his remarks.  “We take this step because voting is a legal right we guarantee to our citizens.  We do it because it is right. And we do it because our shared history compels no less.”

The complete text of Attorney General Holder’s video message is copied below:

“At every level of our nation’s Department of Justice, my colleagues and I are firmly committed to protecting the voting rights of every eligible American.  Unfortunately, when it comes to exercising this fundamental right, many individuals and communities face significant obstacles.  And this is particularly true among American Indian and Alaska Native populations.

“All too often, tribal communities must contend with inaccessible polling places, reduced voting hours – and even requirements for mail-in, English-only ballots in places with low literacy rates and limited English proficiency.  In some areas in Alaska, for example, state election officials have engaged in “precinct realignment” practices that combine two or more geographically isolated Native communities that are accessible to one another only by air or boat.  For some voters, this means that casting a ballot would require them to cross a body of water or a mountain range that’s impassable on a snowy November Election Day.

“Let me be clear: these conditions are not only unacceptable – they’re outrageous.  As a nation, we cannot – and we will not – simply stand by as the voices of Native Americans are shut out of the democratic process.  And I am personally committed to working with tribal authorities – and with Congress – to confront disparities and end misguided voting practices once and for all.

“As Attorney General, I support taking whatever steps are necessary to guarantee that voters have access to polling places on Indian reservations and in Alaska Native villages.  One idea in this regard would be federal legislation requiring any state or local election administrator whose territory includes all or part of an Indian reservation, an Alaska Native village, or other tribal lands to locate at least one polling place in a venue selected by the tribal government.  In other words, we suggest that each tribe in the nation should have at least one polling place in a location of its choice.  To consider this idea, the Justice Department will officially enter into formal consultations with sovereign tribes.  If the tribes support it, the department will formally propose legislation to Congress and work to enact it.

“For decades upon decades, American Indians and Alaska Natives have faced a distinctive history of discrimination that has adversely affected their right to vote.  As I made clear last November – at a White House Tribal Nations Conference in Washington – this Department of Justice and this Administration will never waver in our commitment to tribal sovereignty and self-determination.  Today, we’re taking a critical step to make good on that commitment.  And we’re reaffirming our dedication to expanding the ability of native peoples to exercise their most fundamental rights, to chart their own courses, and to build the better and brighter futures that they and their children deserve.”

A.G. HOLDER SPEAKS AT 4TH ANNUAL TRIBAL CONSULTATION CONFERENCE

A.G. HOLDER  Credit:  DOJ

FROM:  U.S. JUSTICE DEPARTMENT 

Attorney General Eric Holder Speaks at the Fourth Annual Tribal Consultation Conference Hosted by the U.S. Attorney’s Office for the District of North Dakota

Bismarck, North Dakota ~ Thursday, June 5, 2014

Thank you, Tim [Purdon], for those kind words – and thank you all for such a warm welcome.  It’s a pleasure to be in Bismarck this afternoon.  And it’s a great privilege to join so many distinguished tribal leaders, dedicated law enforcement colleagues, passionate advocates, and other critical Indian Country partners for this fourth annual Tribal Consultation and Conference – as we reinforce the ties that bind us together and strive to address the crime and public safety challenges we share.

I know many of us are mindful – as we convene today – of the tragic and untimely loss of the Justice Department’s own Gaye Tenoso, who passed away this week at the age of just 60.  Gaye had served the Department in a number of important roles for more than two and a half decades, most recently as Deputy Director of our Office of Tribal Justice.  She was a passionate advocate for civil rights, an enrolled member of the Citizen Band Potawatomi Nation, and one of the most senior American Indians ever to serve the Justice Department.  She was an inspiration to many and a lifelong champion of federal-tribal cooperation through important gatherings like this one.  As we carry on her work this afternoon, and in the months and years ahead, I want to express my condolences to her family, her colleagues, and all who knew her.  She will be sorely missed.

Since its inception, this regular consultation has provided an important forum for constructive dialogue; a meeting ground where federal, state, tribal, and local leaders can gather to confront emerging threats; and a unique platform for unprecedented engagement and action.  Through the comprehensive Anti-Violence Strategy you’re helping to refine – alongside U.S. Attorney Purdon and his colleagues, who have set the standard for federal cooperation on tribal lands – you’re demonstrating the power of strong relationships and the value of frank discussion.  From prosecutions of dangerous criminals like Valentino Bagola – and law enforcement actions like Operation Winter’s End, which has resulted in the arrests of 40 alleged members of a major drug trafficking organization – we’re taking a stand to improve public safety.  Through efforts that are underway right here at United Tribes Technical College to combat sexual assault, you’re protecting our young people and supporting those at risk and in need.  And as a result of the shared trust and mutual respect that federal and tribal leaders have built in recent years – from Fort Berthold to Spirit Lake; from Standing Rock to Turtle Mountain – together, we are having a tremendous, positive impact on the lives of Indian people across this great state.

Throughout the country, similar efforts are being led by dedicated members of all 566 federally-recognized tribes.  They’re being implemented – on the ground – by FBI agents and victims specialists who work full-time on tribal lands.  And they’re being driven by leaders like Tim; his outstanding predecessor as Chair of the Native American Issues Subcommittee, Brendan Johnson; and 46 other U.S. Attorneys whose districts include Indian Country.  There’s no question, as we come together today, that we can all be proud of the work that’s taking place – and the steps we’re taking together – to improve public safety, to ensure tribal sovereignty, and to advance the cause of self-determination.

Yet there’s also no denying that our recent progress has come in the shadow of decades of conflict and injustice – when great wrongs were committed against Indian peoples, all too often in the name of the United States government.  When the fundamental rights of American Indian and Alaska Native communities – to shape their own destinies – were far from assured.  When hostility, mistrust, and outright discrimination characterized the relationships between federal officials and tribal leaders.  And when misguided actions – and broken promise after broken promise – denied or abrogated the lands, languages, religions, and unique cultures that constitute the heritage and the birthright of every American Indian.

We gather in a spirit of partnership this afternoon.  But we cannot deny this painful past.  We must both acknowledge and confront the lingering impacts – and the deep scars – inflicted by centuries of violence and deprivation.  And especially as we come together to build on the remarkable, once-unimaginable steps forward that have characterized the last few decades – and especially the last few years – we should also be mindful of the historic shift that took place right here in Bismarck just over half a century ago: when my predecessor as Attorney General, Robert Kennedy, stood before the National Congress of American Indians and described his vision for “a nation in which neither Indians nor any other racial or religious minority will live in underprivilege.”

In that landmark speech – delivered 51 years ago this September – Attorney General Kennedy marked what he called a “turning in the tide” with respect to the federal government’s relationships with sovereign tribes.  He and the NCAI leaders who stood with him helped bring a long-overdue end to a dark period in our shared history.  And together, despite setbacks and false starts, they ushered in a new era that would come to be defined by trust, respect, and tribal self-determination.

In the years after that historic address, Robert Kennedy frequently returned to Indian Country to see through the commitment he’d made.  He visited desperate communities on the Pine Ridge Reservation and, like me, sacred memorials like Wounded Knee – consecrated by the blood of the innocent dead – meeting men and women in the grips of terrible poverty and grave neglect.  On what was to be one of his last trips – among the many that took place during his “last campaign,” for the presidency, in 1968 – he famously spent hours getting to know a young orphan named Christopher Pretty Boy, even inviting him to spend the summer with the Kennedy family in Massachusetts.

Tragically, it was an offer that would never be fulfilled.  Less than two months later – exactly 46 years ago on this date, June 5th – Robert Kennedy’s life was cut short by an act of senseless violence.  And within the year, Christopher Pretty Boy also passed away – a victim of the high youth mortality rate that Robert Kennedy had worked to bring to light.

In the decades since then, countless citizens have rallied to ensure that Robert Kennedy’s good words were backed up by good deeds.  Legions of men, women, and principled young people have stood together to call for civil rights, public safety, and self-government.  And today, a new generation returns to Bismarck to reclaim the vision that our predecessors left for us.  To reach, once again, for the more just and more inclusive future they imagined.  And to rededicate ourselves to the considerable work that remains before us – and the continuation of the progress with which we’ve been entrusted.

For President Obama – and for me – this work has been a top priority since the moment we took office.  Shortly after I returned to the Justice Department as Attorney General in 2009, I held an extensive listening session in Indian Country – so I could hear directly from tribal leaders.  My colleagues and I worked hard to translate everything we learned into a blueprint for action.  And as a result, over the last five years, we’ve convened a Tribal Nations Leadership Council to advise me, and future Attorneys General, on areas of concern.  We’ve secured legislation making the Office of Tribal Justice a permanent component of the Department, and worked to institutionalize our commitment to cooperation so that future Administrations can build on the progress that we make today.

This commitment is yielding positive results.  Since January 2009, the Justice Department’s Civil Rights Division and our U.S. Attorneys’ Offices have significantly increased prosecutions against those who victimize American Indians.  Further, U.S. Attorneys’ Offices across Indian Country have seen their prosecution numbers increase since 2009 as a result of closer working relationships with tribal law enforcement partners.  This means safer reservations.  And we’ve exercised critical enforcement tools to safeguard the voting rights of Indians across the country – including at Spirit Lake in 2010 – as well as the right, in some jurisdictions, to access voter information in Native languages.

Alongside other agencies throughout the Administration, the Justice Department has fought to protect natural resources and water rights on tribal lands.  We’ve prioritized the resolution of longstanding legal disputes.  And we’ve vastly expanded our outreach to tribes across the continent – by expanding avenues for engagement and discussion; by soliciting constructive tribal input on new policies; and by targeting scarce federal resources to the areas where they can have the greatest impact.

From the Tribal Law and Order Act to last year’s landmark reauthorization of the Violence Against Women Act – which, for the first time ever, included critical provisions helping tribal authorities combat violence against Native women, regardless of whether the perpetrators are Indian or non-Indian – this Justice Department has stood shoulder-to-shoulder with men and women in Indian Country to help fight for historic change.  As many of you have heard, the President will be visiting North Dakota soon – fulfilling his pledge to visit a Reservation this year.  We’re proving that this is an Administration that keeps its promises.  We will not shrink from even the toughest challenges.  We will honor our obligations to sovereign tribes.  And all of this is only the beginning.

Last November, I stood before the White House Tribal Nations Conference in Washington to announce a series of significant actions to improve the Justice Department’s ability to address challenges throughout Indian Country.  Half a century after Robert Kennedy stood before a similar group of leaders, I announced that the Justice Department would adopt a new Statement of Principles to guide our interactions with Indian tribes; to institutionalize our commitment to serving tribal populations; and to reinforce our efforts to make the criminal justice system work for every citizen.

Since I delivered that speech, we have made our draft statement available to the public.  We’ve shared it directly with the leaders of all 566 federally-recognized tribes.  And we have solicited feedback and guidance on every point – because we understand that this statement will be meaningful only if it bears the input and approval of tribal officials.

Today, I am pleased to report that we concluded the consultation process in March.  We received the last written input from tribal leaders in April.  And we are working as we speak to finalize this Statement of Principles – so it can be published and put into full effect this summer.

In November, I also announced that the Department had created a new Task Force on American Indian and Alaska Native Children Exposed to Violence.  This Task Force is comprised of two parts: an advisory committee of experts, who have been asked to take a deep look at the impact that violence has on children in Native communities, and a federal working group that is positioned to take immediate, concrete steps to make lasting improvements for our young people.

I’m proud to say that the working group – which includes representatives from the Justice Department, the Department of the Interior, and the Indian Health Service – has been meeting regularly.  And they’re currently hard at work to improve educational opportunities for juveniles who are detained by law enforcement, to bolster training opportunities for federal employees working in Indian Country; and to seek new ways to integrate existing services to better assist children on tribal lands.

Our advisory committee has also been extremely active.  They’ve held three public hearings to date – including one right here in Bismarck.  And their fourth and final hearing is scheduled to convene in Alaska next Wednesday.

Finally, in November, I also announced the creation of a new Indian Country Fellowship program – which will provide highly-qualified law school graduates with the chance to spend three years working on Indian Country cases, primarily in U.S. Attorneys’ Offices.  This will create a pipeline of top-flight legal talent with expertise – and extensive real-world experience – in federal Indian law, tribal law, and Indian Country issues.  I am pleased to report that we recently made public the list of participating U.S. Attorneys’ Offices for 2014.  And we will begin accepting the first round of fellowship applications at the end of next month.

Programs like this one – and efforts like our Task Force and the new Statement of Principles – are predicated on the notion that America’s future will be defined, and our progress determined, by much more than the sum total of our actions, our intentions, and even the values that guide us.  Our future lies squarely with young people like those who choose to get an education here at United Tribes Technical College.  Our course will be charted by generations of leaders and public servants who have the courage to serve their communities and stand up for their convictions.  And our destiny will be decided by passionate, idealistic men and women who remember and honor the victims of past injustice by working to inspire, to train, and to cultivate the leaders of tomorrow – allowing our young people to learn, to grow, and to thrive – here in North Dakota and far beyond.

Earlier today, I had the chance to meet with a group of ambitious, highly-driven students from across this area – many of whom have overcome tremendous adversity to be here.  This meeting was held as part of the President’s My Brother’s Keeper initiative – a call-to-action that’s bringing together federal agencies, foundations, corporations, and community leaders to help keep our young people on the right path; to knock down the barriers they face; and to ensure that every American’s ability to get ahead is determined by his or her work ethic, goals, and potential – not by the circumstances of their birth.

This, at its core, is the promise we’re striving to fulfill through My Brother’s Keeper.  It’s the vision we’re moving toward in all of our efforts to partner with Indian Country leaders.  And it’s the aim that drives our continuing work to support and empower Indian people.

In the months and years ahead – as we carry this work into the future and continue the fight for sovereignty and self-government – I want you to know how proud I am to stand alongside you.  I am both honored and humbled to count you as partners.  And as I look around this crowd – of colleagues, friends, and distinguished tribal leaders – despite the wrongs and injustices of our troubled past and the obstacles that undoubtedly lie ahead, I can’t help but feel confident in our ability to move forward together – speaking with one voice, standing as one people, and building on the legacies of those who have gone before.

May their examples continue to inspire us.  May their efforts continue to guide us.  And may we continue to honor their lives, and their sacrifices, in all of our daily work.

Thank you.

EDUCATION AWARDS $14 MILLION IN GRANTS TO 31 NATIVE AMERICAN AND ALASKA NATIVE ENTITIES

FROM:  U.S. DEPARTMENT OF EDUCATION 
U.S. Department of Education Awards $14 Million in Grants to 31 Native American and Alaska Native Entities
SEPTEMBER 25, 2013

The U.S. Department of Education today announced the award of about $14 million in grants to 31 Indian tribes, tribal organizations, and Alaska Native entities to help them improve career and technical education programs.

Under the 2013 Native American Career and Technical Education Program (NACTEP) competition, the Department encouraged applicants to propose projects that included promoting science, technology, engineering and mathematics (STEM), and the use of technology within career and technical education programs. Career and technical education in the STEM fields is important to providing students with education that can lead to employment in high growth, in-demand industry sectors.

"In today's global and knowledge-based economy, it's critical that we prepare all students for jobs that lead to a success career," said U.S. Secretary of Education Arne Duncan. "These grants will help underrepresented groups attain the necessary resources to earn an industry certification and postsecondary certificate or degree, while also strengthening our country’s global competitiveness."

The NACTEP requires the Secretary to ensure that activities will improve career and technical education for Native American and Alaska Native students. Additionally, NACTEP grants are aligned with other programs under the Carl D. Perkins Career & Technical Education Act of 2006 that require recipients to provide coherent and rigorous content aligned with challenging academic standards. NACTEP projects also include preparing students for the high-skill, high-wage, or high-demand occupations in emerging or established professions.

Below is a list of the 2013 NACTEP Grantees:

Cook Inlet Tribal Council, Inc. (Alaska) $417,543

Council of Athabascan Tribal Governments (Alaska) $470,022

Pascua Yaqui Tribe (Ariz.) $411,460

Hoopa Valley Tribe (Calif.) $470,130

Coeur d’ Alene Tribe (Idaho) $469,362

Keweenaw Bay Ojibwa Community College (Mich.) $341,938

Little Traverse Bay Bands of Odawa Indians (Mich.) $452,804

Mississippi Band of Choctaw Indians (Miss.) $470,689

Aaniiih Nakota College (Mont.) $467,256

Blackfeet Community College (Mont.) $386,966

Blackfeet Tribal Employment Rights Office (Mont.) $464,890

Fort Peck Community College (Mont.) $469,785

Salish Kootenai College (Mont.) $471,559

Stone Child College (Mont.) $473,556

Winnebago Tribe of Nebraska (Neb.) $469,345

Cankdeska Cikana Community College (N.D.) $450,564

Fort Berthold Community College (N.D.) $452,874

Sitting Bull College (N.D.) $415,660

Turtle Mountain Community College (N.D.) $471,466

Alamo Navajo School Board, Inc. (N.M.) $471,937

Coyote Canyon Rehabilitation Center, Inc. (N.M.) $473,912

Cherokee Nation (Okla.) $470,425

Choctaw Nation of Oklahoma (Okla.) $468,923

Shawnee Tribe (Okla.) $434,613

Pawnee Nation College (Okla.) $470,956

Oglala Lakota College (S.D.) $467,835

Sinte Gleska University (S.D.) $466,900

Muckleshoot Indian Tribe (Wash.) $437,674

Northwest Indian College (Wash.) $416,097

The Tulalip Tribes of Washington (Wash.) $451,113

College of Menominee Nation (Wis.) $472,994

OVER 40 NATIVE AMERICAN TRIBES TO RECEIVE SETTLEMENT IN TRIBAL TRUST LAWSUITS

FROM:  DEPARRTMENT OF JUSTICE
Wednesday, April 11, 2012
Attorney General Holder and Secretary Salazar Announce $1 Billion Settlement of Tribal Trust Accounting and Management Lawsuits Filed by More Than 40 Tribes

WASHINGTON – Attorney General Eric Holder and Secretary of the Interior Ken Salazar today announced the settlement of lawsuits filed by 41 federally-recognized tribes against the United States, in which the tribes alleged that the Department of the Interior and the Department of the Treasury had mismanaged monetary assets and natural resources held in trust by the United States for the benefit of the tribes.  The announcement followed a 22-month-long negotiation between the tribes and the United States that has culminated in settlements between the government and tribes totaling more than $1 billion.

These settlements resolve claims dating back more than 100 years and will bring to an end protracted litigation that has burdened both the plaintiffs and the United States.  Ending these long-running disputes about the United States’ management of trust funds and non-monetary trust resources will allow the United States and the tribes to move beyond the distrust exacerbated by years of litigation.  These settlement agreements represent a significant milestone in the improvement of the United States’ relationship with Indian tribes.

“These settlements fairly and honorably resolve historical grievances over the accounting and management of tribal trust funds, trust lands and other non-monetary trust resources that, for far too long, have been a source of conflict between Indian tribes and the United States,” said Attorney General Holder.  “Our commitment to tribes is the cornerstone of the Department of Justice’s policies and initiatives in Indian Country, and these settlements will enable the tribal community to pursue the goals and objectives they deem to be appropriate while marking another step in our shared future built upon mutual respect and strong bonds of trust between tribal governments and the United States.”
“These important settlements reflect President Obama’s continuing commitment to ensuring empowerment and reconciliation for American Indians,” said Secretary Salazar.  “It strengthens the government-to-government relationship with Tribal nations, helps restore a positive working relationship with Indian Country leaders and empowers American Indian communities.  I want to commend Attorney General Holder, our Interior Solicitor Hilary Tompkins and other key officials who were involved in the long negotiations leading to these historic agreements.  I look forward to working with Tribal leaders to further strengthen our government-to-government relationship based on mutual respect and a shared concern for the proper management of tribal trust assets and funds.”
The Department of the Interior manages almost 56 million acres of trust lands for federally-recognized tribes and more than 100,000 leases on those lands for various uses, including housing, timber harvesting, farming, grazing, oil and gas extraction, business leasing, rights-of-way and easements.  Interior also manages about 2,500 tribal trust accounts for more than 250 tribes.

Starting in the fall of 2009, lawyers for many of the tribes with litigation pending against the United States wrote to President Obama and asked the administration to engage in expedited settlement discussions with their clients.  In April 2010, Associate Attorney General Tom Perrelli, Assistant Attorney General of the Environment and Natural Resources Division Ignacia Moreno, Interior Department Solicitor Hilary Tompkins and Treasury Department General Counsel George Madison met with attorneys for the tribes, and the parties embarked on a settlement process that the tribes termed the “Settlement Proposal to Obama Administration,” or “SPOA,” which led in part to today’s announcement.

In addition to the SPOA process, the Departments of Justice, Interior and Treasury have been engaging in other settlement processes involving other litigating tribes.  Those processes have been both positive and productive, resulting in the past settlement of other tribal trust accounting and management cases and the processes will continue for other ongoing cases.  The United States is committed to resolving the trust accounting and trust management claims of the tribes in a manner that is fair, honorable and reasonable to the tribes and the United States.

Under the negotiated settlement agreements, litigation will end regarding the Department of the Interior’s accounting and management of the tribes’ trust accounts, trust lands and other natural resources.  With monies from the congressionally-appropriated Judgment Fund, which is used to pay settlements or final judgments against the government, the United States will compensate the tribes for their breach of trust claims, and the tribes will waive, release and dismiss their claims with prejudice.  The parties have agreed to information sharing procedures that will strengthen the management of trust assets and improve communications between tribes and the Department of the Interior.  The settlement agreements also include dispute resolution provisions to reduce the likelihood of future litigation.
The sum total of the settlements with the 41 tribes is approximately $1.023 billion.
The 41 tribes are:
1. Assiniboine and Sioux Tribes of the Fort Peck Reservation
2. Bad River Band of Lake Superior Chippewa Indians
3. Blackfeet Tribe
4. Bois Forte Band of Chippewa Indians
5. Cachil Dehe Band of Wintun Indians of Colusa Rancheria
6. Coeur d'Alene Tribe
7. Chippewa Cree Tribe of the Rocky Boy's Reservation
8. Confederated Tribes of the Colville Reservation
9. Confederated Salish and Kootenai Tribes
10. Confederated Tribes of the Siletz Reservation
11. Hualapai Tribe
12. Kaibab Band of Paiute Indians of Arizona
13. Kickapoo Tribe of Kansas
14. Lac du Flambeau Band of Lake Superior Chippewa Indians
15. Leech Lake Band of Ojibwe Indians
16. Makah Tribe of the Makah Reservation
17. Mescalero Apache Nation
18. Minnesota Chippewa Tribe
19. Nez Perce Tribe
20. Nooksack Tribe
21. Northern Cheyenne Tribe
22. Passamaquoddy Tribe of Maine
23. Pawnee Nation
24. Pueblo of Zia
25. Quechan Indian Tribe of the Fort Yuma Reservation
26. Rincon Luiseño Band of Indians
27. Round Valley Tribes
28. Salt River Pima-Maricopa Indian Community
29. Santee Sioux Tribe
30. Shoshone-Bannock Tribes of the Fort Hall Reservation
31. Soboba Band of Luiseño Indians
32. Spirit Lake Dakotah Nation
33. Spokane Tribe
34. Standing Rock Sioux Tribe of the Fort Yates Reservation
35. Swinomish Indian Tribal Community
36. Te-Moak Tribe of Western Shoshone Indians
37. Tohono O'odham Nation
38. Tulalip Tribe
39. Tule River Tribe
40. Ute Mountain Ute Tribe
41. Ute Tribe of the Uintah and Ouray Reservation