About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

31 NARF Legal Rev. 1 (2006)

handle is hein.journals/narf31 and id is 1 raw text is: 













NARF WINS BIG VICTORY AS FEDERAL

COURT ALLOWS PEMBINA CHIPPEWA

  DAMAGES CLAIMS TO GO FORWARD


In 1863 and 1892, plaintiffs' ancestors ceded
lands totaling some 20 million acres to the
United States. The Indian Claims Commission
and this court awarded compensation for those


lands. The compensation
held in trust by the United
States.  This suit seeks
damages for mismanage-
ment by the United States
of the funds it held in
trust.
  So begins the Opinion of
the U.S. Court of Federal
Claims in its opinion dated
January 26, 2006, in the
case Chippewa Cree Tribe
of   the  Rocky   Boy's
Reservation, Little Shell
Tribe of Chippewa Indians
of   Montana,     Turtle
Mountain     Band    of
Chippewa Indians, and
the White Earth Band
of Minnesota Chippewa
Indians, et al. v. United
States.
  The Court's fifty-five (55)


awarded was then


United States to get the case dismissed or
substantially reduced. It allows the case to go
forward to determine whether the United States
breached its trust responsibilities to the
Pembina Chippewas with respect to their trust


   NARF Wins Big Victory as Federal Court
   Allows Pembina Chippewa Damages
   Claims to Go Forward .............. page 1
The Voting Rights Act
   and Alaska  .................................. page  7
   CASE UPDATES
   - Klamath Basin
   Adjudication  .......................... page  10
   - Draft Declaration on Indigenous
   Peoples .................................. page  11
   New Board Members ................ page 12
   CALLING TRIBES TO ACTION!
   .................................................. page  13
   Indian Law Library .................. page 14


page opinion is a


stunning victory for these four tribes, who also
are known as the Pembina Chippewa Tribes. It
comes almost fourteen years after the case was
filed by the Native American Rights Fund
(NARF) on behalf of the Pembina Chippewa
Tribes. It rejects four major arguments by the


funds, and to determine an
amount of damages for
which the United States is
liable for those breaches.

The Pembina Chippewas'
$53   million  judgment
award is the second largest
Indian judgment award
  The Pembina Chippewas'
trust fund is not small. In
1991 as the U.S. Department
of the Interior's Bureau
of Indian Affairs entered
into a contract with the
accounting firm of Arthur
Andersen to reconcile all
1500 tribal trust funds held
by the United States, the
Pembina Chippewa trust


fund was listed as the second largest judgment
fund being managed by the United States at that
time.   The total awards to the Pembina
Chippewas by the Indian Claims Commission
(ICC) - in 1964 and1980 - were about $53 million.
Only the ICC awards to the Lakota (Sioux)
Nations of about $200 million exceeded those of
the Pembina Chippewas.                  I


WINTER/SPRING 2006


VOLUME 31, NO.1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most