[Congressional Record Volume 157, Number 161 (Tuesday, October 25, 2011)]
[Extensions of Remarks]
[Page E1925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        HONORING ELOUISE COBELL

                                 ______
                                 

                         HON. NICK J. RAHALL II

                            of west virginia

                    in the house of representatives

                       Tuesday, October 25, 2011

  Mr. RAHALL. Mr. Speaker, I rise today to join Indian country in 
mourning the death of Elouise Cobell, who passed away on Sunday, 
October 16. Her role as lead plaintiff in the historic Cobell v. 
Salazar litigation has forever changed the way the federal government 
views the trust responsibility with Native Americans. Elouise Cobell 
was a true Indian leader.
  She was born Elouise Catherine Pepion, November 5, 1945, on the 
Blackfeet Nation reservation located on the eastern edge of Glacier 
National Park in Montana. After graduating from Great Falls Business 
College, she became an accountant and rancher. Later, Elouise served as 
Treasurer for the Blackfeet Nation for 13 years and helped found the 
first all Indian owned national bank.
  It was during her time as tribal treasurer that she realized the 
royalty checks received by tribal members seemed substantially lower 
than the value of the resources owned. She learned as much as she could 
about the way the federal government handled the Indian trust fund 
accounts and found that over decades, others in Indian country had 
claimed the funds were badly mismanaged.
  In the mid 1980s Elouise, already frustrated by the Bureau of Indian 
Affairs, BIA, came to Congress looking for assistance and justice for 
all Individual Indian Money account holders. All she wanted was what 
all of us expect from our banker--to know how much is in each account 
and a showing that the balance was correct.
  In 1992, the House Government Operations Committee issued a report 
titled, ``Misplaced Trust: The BIA's Mismanagement of the Indian Trust 
Fund.'' The report called the BIA's management of Indian trust funds 
``grossly inadequate in numerous important respects.'' It further found 
that the BIA had ``failed to fulfill its fiduciary duties to 
beneficiaries of the Indian Trust Fund.''
  Congress passed the American Indian Trust Fund Management Reform Act 
of 1994 to give account holders more control over, and access to, their 
funds, and to provide a model to reform the system. Unfortunately, 
little was changed at the BIA. Fed up and frustrated with stonewalling 
and continued mismanagement, in 1996 Elouise filed a class-action 
lawsuit on behalf of more than 500,000 Indians at a time when no one 
else would.
  In 1999, the United States District Court for the District of 
Columbia confirmed what Indian country had always known--the Department 
of the Interior had breached its trust obligation to Indians in 
handling Indian funds. Fourteen years after the case was first filed, 
220 days of trial, 80 court decisions, and two contempt citations 
against Cabinet secretaries later, President Obama signed into law the 
landmark $3.4 billion settlement for the Indian account holders.
  Because of Elouise and the litigation that she initiated, the 
Department of Interior has made numerous changes to the way it does 
business with respect to Indian funds and trust resources. Seattle 
University Law School Indian Law Professor Eric Eberhard said there is 
``no doubt that Elouise Cobell changed the legal landscape when it 
comes to Indian law and the federal government's trust 
responsibilities.''
  Against all odds, Elouise persevered with her commitment to the 
issue. Since the early 1990s, the Committee on Natural Resources held 
numerous hearings on the issue associated with the handling of Indian 
trust funds. It was during my tenure as Chairman of the Natural 
Resources Committee that I had the privilege and honor of getting to 
know and work with Elouise. Her dedication to this issue was bar none.
  Elouise won so many battles; the only one she lost was to the cancer 
that took her from us too soon. She will be remembered for her 
strength, courage, and positive outlook. We can honor her life by 
continuing the work she started.
  I ask that my colleagues join me in celebrating the life of Elouise 
Cobell and her many achievements, and in expressing our sincere 
condolences to her husband Alvin, her son Turk, and all her family and 
friends.

                          ____________________