Truth and Consequences on the Reservation – The Elouise Cobell Story

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Truth and Consequences on the Reservation – The Elouise Cobell Story

In the heart of Blackfoot country, where the vast Montana plains meet the majestic Rocky Mountains, lies a story of profound injustice, unwavering determination, and the enduring spirit of a people. This is the story of Elouise Cobell, a Blackfoot woman who dedicated her life to uncovering the truth behind decades of government mismanagement of Native American land trust funds. Her tireless efforts, born from the oral traditions and whispered grievances passed down through generations, culminated in a landmark legal battle that exposed a shocking pattern of deception and poised countless Native Americans to reclaim billions of dollars rightfully owed to them. Truth and Consequences on the Reservation is a testament to the power of one individual to challenge systemic injustice and fight for the economic survival and dignity of her people.

The Blackfoot Nation, deeply rooted in the land and its history, places immense value on the accuracy of its oral traditions. Stories, passed down meticulously from one generation to the next, form the bedrock of their cultural identity. During the sacred ceremonies that mark the arrival of spring, the Blackfeet understand that the tales must be told without embellishment, for truth is the very essence of their history. This reverence for truth is what fueled Elouise Cobell’s quest to expose the government’s mishandling of Indian trust funds, a system fraught with corruption and neglect.

As Cobell navigated the rugged landscape surrounding the Blackfoot reservation, she was constantly reminded of the government’s broken promises. A weathered historical marker near Browning, the reservation’s main town, stood as a grim reminder of the devastating winter of 1884, when over 500 Blackfeet perished from starvation. While the official account attributed the tragedy to harsh weather conditions, the Blackfoot oral tradition told a different story: that a U.S. Indian agent, John Young, hoarded food that could have saved countless lives. The victims were buried in a mass grave atop Ghost Ridge, a place of solemn reverence for the Blackfeet, visible from Cobell’s ranch. This stark contrast between the official narrative and the lived experience of the Blackfeet people underscored the systemic disregard for their well-being and the urgent need for accountability.

Elouise Cobell, a woman of unassuming stature but unwavering resolve, dedicated nearly three decades to unraveling the complexities of the Indian trust system. Born and raised on the reservation, she witnessed firsthand the devastating effects of poverty, unemployment, and the erosion of Blackfoot culture. She understood that economic self-sufficiency was crucial for the survival of her people. Cobell, then 56, spent much of her time in Browning, educating Native Americans on the fundamentals of starting their own businesses. On her modest ranch, located a few miles south of the Canadian border, she shared daily chores with her husband, Alvin, including caring for their cattle, sometimes even rescuing newborn calves from the unforgiving cold. This quiet life, however, belied her second existence: that of a determined warrior fighting for justice on a national stage.

The town of Browning, a stark contrast to the stunning backdrop of the snow-capped Rockies, reflected the economic hardships faced by the Blackfoot Nation. Boarded-up trailers, cluttered lots, and a desolate atmosphere were commonplace. Unemployment soared, especially during the harsh winter months, leaving many Blackfeet struggling to survive. The windswept plains, though beautiful in their own right, offered little solace in the face of persistent poverty. It was in this environment that Cobell began her investigation into the missing money, driven by the stories she had heard since childhood.

Growing up in a home without electricity, running water, or a telephone, Cobell was immersed in the oral history of her people. She heard tales of the Baker’s Massacre, a brutal attack by American soldiers that claimed the lives of 200 Blackfeet, mostly women and children. She learned of the forced assimilation policies that sent Native American children to distant boarding schools, where they were punished for speaking their native language. And, perhaps most importantly, she heard the stories of government checks – payments for land leased out by the government to timber, mineral, or ranching interests – that never seemed to make sense.

These stories echoed throughout reservations across the American West. The checks arrived sporadically, and the amounts were often inexplicable. Despite repeated attempts to seek clarification from the Interior Department and the Bureau of Indian Affairs (BIA), Native Americans were met with resistance and obfuscation. This lack of transparency and accountability became the defining characteristic of the Indian trust system, a system designed to manage Native American lands and resources but ultimately plagued by mismanagement and corruption.

The Dawes Act of 1887, intended to "civilize" Native Americans and break down tribal structures, played a significant role in the creation of the trust system. Under the Act, each Native American head of household was allotted up to 320 acres of land. However, the government, deeming Native Americans incapable of managing their own affairs, placed the land in trusts, with the U.S. government acting as the overseer. This paternalistic approach not only undermined Native American autonomy but also created opportunities for exploitation and mismanagement.

A loophole in the Dawes Act allowed for the sale of "surplus" land, leading to the dispossession of vast tracts of Native American territory. By 1932, Native Americans had lost approximately 90 million acres – about 65% of their holdings. The Interior Department, responsible for supervising the leasing of the remaining Indian land, was supposed to deposit all leasing fees into Indian accounts. However, the accounting system was flawed from the outset, riddled with errors, lost records, and unclaimed checks. The division of land among heirs further complicated the bookkeeping, making a fair accounting virtually impossible.

Though her family had limited resources, Cobell’s parents instilled in her the importance of education. Her father even took her to the reservation school when she was four years old, where she insisted on staying until he promised she could return the next day to begin her formal education. She later attended Great Falls Commercial College and Montana State University, demonstrating a thirst for knowledge and a determination to succeed.

After a brief career in Seattle, Cobell returned to the reservation in 1976 and was offered the position of treasurer of the Blackfoot Nation. She was just 30 years old. What she found was a tribal accounting system in complete disarray. Questions swirled. Why was the tribal trust drawing negative interest? Why was money leaving the account when she was the only one authorized to write checks? When she raised these concerns with the local BIA, she was met with condescension and told to learn how to read a financial statement. Undeterred, Cobell persevered, meticulously documenting discrepancies and writing countless letters to the Interior Department, often to no avail.

Despite the challenges of her work and the demands of raising a family, Cobell remained deeply committed to her community. She founded the first tribal-owned bank in the nation, empowering Native Americans to finance their own businesses and create economic opportunities. While Browning remained a struggling town, Cobell could point to Indian-owned businesses that had emerged as a result of her efforts, offering a glimmer of hope for a brighter future.

After years of frustration, Cobell finally found an ally in David Matheson, deputy commissioner for Indian affairs under the first Bush administration. Matheson, a member of Idaho’s Coeur d’Alene tribe, understood the injustices faced by Native Americans and arranged for Cobell to meet with high-ranking government officials and banking experts in Washington, D.C. This meeting proved to be a turning point, as Cobell’s story resonated with Dennis Gingold, a prominent Washington, D.C., banking lawyer known for his tenacious approach.

Gingold, initially skeptical, was shocked by what he heard from Cobell. He recognized that the Indian trusts were in a state of disaster and recommended filing a lawsuit against the government. Although initially hesitant, Cobell ultimately decided that legal action was the only way to achieve justice for her people.

The lawsuit, filed in 1996, accused the Interior and Treasury departments of failing to fulfill their fiduciary duties to manage the trust funds. It was a massive undertaking, requiring significant financial resources. Cobell, through her tireless fundraising efforts, secured grants and loans from various foundations, including the Otto Bremer Foundation and the John D. MacArthur Foundation, to support the legal battle. J. Patrick Lannan Jr., whose Lannan Foundation has a keen interest in Native American causes, was so impressed by Cobell’s dedication that he pledged millions of dollars to the cause.

The case was assigned to U.S. District Judge Royce Lamberth, a Reagan appointee known for his sharp intellect and meticulous attention to detail. From the outset, it became clear that the government could not produce the records necessary to reconcile the trust balance. Many records had been destroyed, and others were stored in deplorable conditions. The government’s attempts to obstruct the investigation further fueled Lamberth’s outrage.

In 1999, Lamberth issued a scathing ruling against the government, accusing them of a "shocking pattern of deception." He held Babbitt, Rubin, and Gover in contempt and imposed hefty fines. The government appealed, but the U.S. Court of Appeals upheld Lamberth’s decision.

Truth and Consequences on the Reservation had finally reached a critical juncture. While the legal battle was far from over, the government’s liability had been established. The remaining task was to determine the amount owed to Native Americans, a figure that could reach tens of billions of dollars.

Elouise Cobell’s journey was long and arduous, marked by countless obstacles and setbacks. She faced resistance from a powerful government bureaucracy, skepticism from some members of her own community, and the constant threat of financial ruin. Yet, she never wavered in her commitment to justice. Her unwavering determination, combined with her deep understanding of the Indian trust system and her ability to connect with people from all walks of life, made her an unstoppable force.

In recognition of her extraordinary achievements, Cobell was declared a warrior of the Blackfoot Nation and presented with an eagle feather, an honor typically reserved for U.S. armed services veterans. She traveled the country, sharing her story with children and inspiring them to believe in their own ability to overcome adversity. She also returned to Montana State University to accept an honorary doctorate, a testament to her lifelong pursuit of knowledge and her unwavering commitment to her community.

Truth and Consequences on the Reservation, the story of Elouise Cobell, serves as a powerful reminder of the enduring legacy of injustice faced by Native Americans and the importance of holding governments accountable for their actions. Cobell’s relentless pursuit of Truth and Consequences on the Reservation has paved the way for a brighter future for countless Native Americans, ensuring that their voices are heard and their rights are respected. Truth and Consequences on the Reservation, even after Cobell’s passing, her legacy of Truth and Consequences on the Reservation continues to inspire and empower Native communities across the nation.

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