Can the Cobell litigation be settled?
Today, it is unanimous—in Congress, in Indian Country, and at Interior—that it is time to find an appropriate settlement for this protracted litigation. This litigation is among the most contentious I have seen in Indian Country. As the former principal chief of the Cherokee Nation, I understand why frustrations with the federal government are so high. Poverty, disease, crime, and inadequate education are huge problems in Indian Country. All of these issues need more attention from tribal, state, and the federal government. The Cobell lawsuit has outlived its time and has become a manacle around not only the Department of the Interior and Congress but Indian Country itself. The department is spending upward of $65 million per year for accounting work, litigation, and discovery costs that could be redirected into other Indian programs. The BIA is operating in an environment where the requirements of the district court—such as the lack of Internet access and hampered communications with
