Chairman John Berrey of the Quapaw Nation testifies at a Senate Committee on Indian Affairs hearing on agricultural issues in Indian Country on January 17, 2018. Photo: Senate Committee on Indian Affairs

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Quapaw Nation reaches settlement in long-running trust mismanagement case

Friday, October 4, 2019

By Acee Agoyo

After more than 17 years of litigation through three presidential administrations, the Quapaw Nation has emerged victorious in its trust fund mismanagement case.

Chairman John Berrey announced the settlement on Friday afternoon. Though he did not disclose a dollar figure or terms of the deal, he said it will help the tribe address more than a century of mistreatment by the federal government.

"Ever since we became a nation within the United States, our people have often had extremely hard times and have been horribly mistreated," Berrey said in the statement. "You know our history. When we were forcibly moved to our present reservation, there were only a few hundred Quapaw left."

"We started this litigation process knowing that no amount of money could make up for the injustices done to our people," Berrey continued. "But this settlement does represent meaningful restitution."

Big #News from the Quapaw Nation! After more than 17 years of work, the tribe settled its trust mismanagement case.

"We started this litigation process knowing that no amount of money could make up for the injustices done to our people," said Chairman John Berrey.

Statement: pic.twitter.com/FBjW3Ng4kQ
— indianz.com (@indianz) October 4, 2019

The tribe began its efforts in 2002, during the George W. Bush era, first securing an accounting of its trust funds. A settlement was in the works under Barack Obama but government attorneys wouldn't agree to it, according to Berrey.

So the tribe followed up with a lawsuit in 2013. It sought $175 million in damages for the alleged mismanagement of its trust resources -- land and money. Individual Quapaw citizens and landholders also filed cases.

The case was due to go to trial this fall, following some rulings in favor of the Quapaw people. But the tribe and attorneys for the Donald Trump administration late last month informed the U.S. Court of Federal Claims that a settlement was near.

After learning of the development, Judge Thomas C. Wheeler put a halt to any upcoming proceedings and heard from the parties in federal court in Washington, D.C., on Friday morning, according to online records. The tribe and the government are due back a week from now -- on October 11 -- for another update.

"Today, I am happy to see this cause end successfully, and I am grateful to everyone who has worked in this long effort. But what is also on my mind are all the people we have lost who had a part in it, and who were supportive, and who wanted to see this result," Berrey said. "This settlement honors them, and all of our ancestors who somehow kept this Nation alive in extremely hard times. We also honor them as we continue building the Quapaw Nation."

Indianz.Com has asked the tribe for information about a possible settlement amount. The deal affects three cases: Quapaw Tribe v. U.S., Bear v. U.S. and Goodeagle v. U.S..

Chairman John Berrey's full statement follows:

To the Members of the Quapaw Nation:

This morning it was announced in the Court of Federal Claims in Washington, D.C., that the Quapaw trust litigation has been settled. This has been a goal of mine—and of our entire leadership team—for more than 17 years. I am very pleased to be able to tell you we finally achieved this result.

Ever since we became a nation within the United States, our people have often had extremely hard times and have been horribly mistreated. You know our history. When we were forcibly moved to our present reservation, there were only a few hundred Quapaw left. We started this litigation process knowing that no amount of money could make up for the injustices done to our people. But this settlement does represent meaningful restitution.

In 2003, early in this process, I recall speaking at a meeting at the Department of the Interior. I expressed that what we wanted was acknowledgment of how we have been mistreated and some compensation. | said we want to look forward—not backward. As | also told that group, Indian people want to stop burning the house down and instead rebuild.

| hope this settlement in some way helps settle accounts on part of our past. But our Nation is looking forward. Our stability and continued growth is an example in Indian country. Our governmental services are recognized for their quality—in realty, environmental regulation, public safety, agriculture, and others. Our enterprises—including our newest development, the Saracen Casino Resort—are providing more and more quality jobs for our people and our communities. Our Nation today is setting the standard. | am confident the best is yet to come for our people.

Today, I am happy to see this cause end successfully, and | am grateful to everyone who has worked in this long effort. But what is also on my mind are all the people we have lost who had a part in it, and who were supportive, and who wanted to see this result. This settlement honors them, and all of our ancestors who somehow kept this Nation alive in extremely hard times. We also honor them as we continue building the Quapaw Nation.

It has been my privilege to work for you on this project. To each of you, Gun-Ney-Gay.