Ken Salazar’s Senate office Sen. Ken Salazar, D-Colo., named secretary of the Interior. Salazar tapped as interior secretaryObama promises his selection will live up to treaty obligations
By
Rob Capriccioso
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Cobell plaintiffs want speedy appeal
The approximately 500,000 American Indian plaintiffs of the ongoing Cobell v. Kempthorne trust fund lawsuit are asking a federal appeals court to speed up its review of their appeal. “Time is of the essence as ‘innumerable’ elderly and infirm Plaintiff-Beneficiaries have died, and will continue to die, out of the certified class,” according to a motion for expedited appeal filed by the plaintiffs’ lawyers Dec. 9 “This case implicates matters of life and health because many beneficiaries depend entirely on their trust fund disbursements to purchase food for themselves and their families.” Plaintiffs are largely concerned that briefings and oral arguments have not yet been scheduled. The suit, which has already gone through numerous appeals, was originally filed in June 1996. The current motion notes that several government officials and judges involved in the case have since handed it off and/or had it taken out of their jurisdiction. President-elect Barack Obama’s selection for interior secretary, Sen. Ken Salazar, D-Colo., will become the next high-ranking government official involved in the case if he is confirmed by the Senate. After a judge’s August decision to award $455.6 million to Indian beneficiaries whose trust assets have been mismanaged by the federal government, the D.C. Circuit Court of Appeals in November agreed to hear a challenge from the plaintiffs. The appeal is partially aimed at determining whether the amount in the ruling – a figure far less than the billions of dollars the plaintiffs had argued were appropriate – was accurate. Plaintiffs are also asking the court to overturn the judgment altogether. The Department of Justice, too, has filed an appeal to the ruling. It claims that the judge who made the ruling lacked jurisdiction to award money to Indian account holders, and has argued that issues surrounding a settlement figure belong in the U.S. Court of Federal Claims. |
Salazar, who is Hispanic, won the seat of former Republican Sen. Ben Nighthorse Campbell, a member of the Northern Cheyenne Tribe, after he retired in 2004. He will replace current Interior Secretary Dirk Kempthorne, who has been unpopular with many American Indians and tribes.
Despite being from opposing political parties, Nighthorse Campbell had many positive things to say about Salazar’s new role in Obama’s Cabinet.
“President-elect Obama couldn’t have picked a better person,” Nighthorse Campbell said.
“Kenny has a really strong voting record on Indian water rights, land claims, and things of that nature – he’s just a wonderful candidate.
“I think, very frankly, that Native America is going to be very happy with him.”
Salazar previously led Colorado’s Department of Natural Resources and worked as the state’s attorney general. He also served on the Senate’s Energy and Natural Resources Committee.
While in the Senate, Salazar has co-sponsored what have been viewed as positive Indian country-focused bills, including the National American Indian and Alaska Native Heritage Month Act, the Indian Health Care Improvement Act, the Sand Creek Massacre National Historic Site Trust Act, bills to extend methamphetamine funding to tribes, and a bill focused on honoring Code Talkers.
Some media outlets have speculated that Salazar will curb several recently controversial Interior decisions regarding energy development. Along those lines, he was critical this year of Interior moves under President George W. Bush focused on decisions to open his state’s Roan Plateau for drilling. He said regulations to open land for oil shale development would “sell Colorado short.”
Interior oversees national parks and other public lands, while setting policy for oil and gas drilling, mining and other resource management.
Salazar also recently raised questions regarding a $2.5 billion coal power plant sought by the Navajo Nation, expressing concerns about the impact on the environment in Colorado and New Mexico.
Colorado is home to two tribes, the Southern Ute Tribe and the Ute Mountain Ute Tribe. Tribal leaders did not respond by press time to requests for comment on Salazar’s appointment and what it could mean for them.
Salazar is the second Hispanic slated for Obama’s Cabinet after Democratic New Mexico Gov. Bill Richardson, who is the president-elect’s choice to lead the Commerce Department. The Congressional Hispanic Caucus had been diligently lobbying Obama to add another Latino to his Cabinet.
Salazar would also be the second Hispanic Interior secretary after Manuel Lujan Jr., who served under President George H.W. Bush.
A Native American has never headed Interior, although Kevin Gover, Pawnee/Comanche director of the National Museum of the American Indian, had been mentioned as a possible candidate this time around.
But Eileen Maxwell, Gover’s NMAI spokeswoman, told ICT Dec. 8, “There is no truth to the rumor. [Gover] has not heard anything from the transition team, nor does he expect to.”
Nighthorse Campbell said that “maybe in time it will come” for an American Indian to head Interior. He noted that the Hispanic community, which contains a lot of votes nationwide, “was leaning pretty heavily to have another Hispanic beyond Richardson to serve in the Cabinet.”
Three current and former lawyers with the Native American Rights Fund, including John Echohawk, Keith Harper and Robert Anderson, have served as members of Obama’s transition team, advising him on Interior-related matters. Seven Native Americans serve on the transition team overall.
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Sunday, May 24 at 3:06 PM Candace Colbert Odom wrote ...
I just hope Mr. Salazar makes it a priority to keep Nucleur Waste our of the whole state of Utah. The four corners should be up in arms on this deal cause the wind blows in all directions!!!CMO
22134889Wednesday, Dec 31 at 1:08 PM Thomas M. Wabnum wrote ...
Since 1824, there have been about 46 DOI Secretary’s who were highly experienced and educated in public affairs to head the DOI. What do they know about Indian Affairs? It doesn’t matter because their intentions is not to fix the centuries old broken trust responsibility to American Indians. We need an Indian Trust Policy with common law trust standards and with the best beneficiary and wealth management services. Without a strong policy, it doesn’t matter who is the DOI Secretary.
14275918Tuesday, Dec 30 at 12:06 PM ken whitehair wrote ...
THe appointment of a non'indian' person shows once again the regime's intention to keep power to itself, ie federal government, at the expense of self determination of those of us called 'indians'. I strongly question the appointment of a non'indian' to sustain or even entertain 'indian' views of issues which often conflict with nonindian unsubstantiated claims. I think native groups have the right to demand representation even into the white house, at the cabinet level, rather than being mixe
14229713Sunday, Dec 21 at 9:04 AM White Cloud wrote ...
Dear Mr. Salazar, We pray that you can find it in your sole to repatriate 230 Konkow Maidu human remains in the possession of the California Department of Parks and Recreation. They have refused to comply with state laws and they refuse to proceed under the National NAGPRA’s web site that states how to repatriate to a Non-BIA acknowledged tribe. Sir, The Konkow Maidu were forced onto the Round Valley Reservation in 1861. Congress has never terminated us. We were wrongfully terminated by the BIA
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