The facts underlying the litigation involve a broad sweep of United States history. Although U.S. policy in the 1870s was to locate Indians on reservations, hunger for the land by non-Indians led to a break-up of most of the reservations starting in the 1880s.
Thousands of individual Indians generally were allotted beneficial ownership of 80- to 160-acre parcels of land in the break-up. As trustee, the government took legal title to the parcels, established an Individual Indian Trust and thereby assumed full responsibility for management of the trust lands.
Thousands of individual Indians generally were allotted beneficial ownership of 80- to 160-acre parcels of land in the break-up. As trustee, the government took legal title to the parcels, established an Individual Indian Trust and thereby assumed full responsibility for management of the trust lands.
That included the duty to collect and disburse to the Indians any revenues generated by mining, oil and gas extraction, timber operations, grazing or similar activities.
As a result of more than a Century of malfeasance, the United States government has no accurate records for hundreds of thousands of Indian beneficiaries, nor of billions of dollars owed the class of beneficiaries covered by the lawsuit. The suit encompasses approximately 500,000 Indian beneficiaries.
As a result of more than a Century of malfeasance, the United States government has no accurate records for hundreds of thousands of Indian beneficiaries, nor of billions of dollars owed the class of beneficiaries covered by the lawsuit. The suit encompasses approximately 500,000 Indian beneficiaries.
The purpose of the litigation - which was filed by Elouise Cobell, a member of the Blackfeet tribe in Montana, and her co-plaintiffs - is two-fold: to force the government to account for the money, and to bring about permanent reform of the system.
Judge Lamberth bifurcated the case along those lines. After a trial on Phase One - reform of the system - Judge Lamberth ruled on December 21, 1999 that the Secretaries of Interior and Treasury had breached their trust obligations to the Indians.
Judge Lamberth bifurcated the case along those lines. After a trial on Phase One - reform of the system - Judge Lamberth ruled on December 21, 1999 that the Secretaries of Interior and Treasury had breached their trust obligations to the Indians.