Indian Lawsuit Parties Agree to Mediation

WASHINGTON - For the first time in three years, American Indians seeking money that the Interior Department owes them for use of their lands have agreed to mediation talks in the coming weeks, lawmakers in Congress announced Monday.

The agreement was prompted by congressional members who were frustrated with the high cost and lack of progress in the 8-year-old case.

Rep. Richard Pombo, R-Calif., said Monday that the agreement "is historic progress."

"We may finally see justice brought to Indian account holders and move beyond this 100 year-old dispute," said Pombo, chairman of the House Resources Committee.

Indians had sued the Interior Department in 1996 for mismanaging oil, gas, grazing, timber and other royalties due to them dating back to 1887. Negotiations in the case broke down in 2001, with both sides waging a nasty, protracted court battle.

In 1999, U.S. District Judge Royce Lamberth said the government had failed in its obligation to the American Indian landowners and ordered an accounting of what the Indians should have been paid.

The Interior Department insists the accounts are likely just a few million dollars off. However, attorneys for more than 300,000 American Indians in the class-action lawsuit say the Indians could be owed tens of billions of dollars, including interest.

"We're really happy," said Tex Hall, president of the National Congress of American Indians. "We think this is going to speed the process up because too many people have passed away since (the lawsuit) was filed in 1996."

But Dennis Gingold, attorney for the Indians, said that the administration still cannot be trusted to negotiate in good faith and that it will take someone with the stature of former President Jimmy Carter or Sen. Bob Dole to successfully resolve the case.

"Short of that, it's a waste of time," he said. "We've been through this with these people five previous times and its never worked."

Interior Department spokesman Dan DuBray said the department is committed to negotiations, but "it's an early step."

"We are encouraged and we're very serious about moving forward, but I would caution it's preliminary," DuBray said.

Many issues are unresolved, including how many people will be on the mediation panel and how they will be selected. For now, the Indians' attorneys have agreed to hold off on efforts to have Interior Secretary Gale Norton held in contempt of court again for not conducting the court-ordered accounting.

Lamberth had found Norton in contempt in 2002 but he was overturned by the U.S. Circuit Court of Appeals for the District of Columbia. Last September, the judge set strict deadlines for the department to make progress on their accounting. That is under review by the appeals court.

The talks are essential, said Sen. Ben Nighthorse Campbell, R-Colo., who is chairman of the Senate Indian Affairs Committee.

"If this case is not settled in the near future it will continue to sap scarce resources, divert the attention of the tribes and Congress, and continue to fail to benefit any Indians," Campbell said.