What is the “Cobell settlement?
What is the "Cobell Settlement?" - PERM What is the “Cobell Settlement?” Cobell v. Salazar is a class action lawsuit brought by Native American representatives against the United States government. Plaintiffs claim that the U.S. government incorrectly accounted for Indian trust assets, (land which came out of the Dawes Act.)
Are You entitled to a share of the Cobell trust fund settlement?
A November 27 deadline is fast approaching to locate an estimated 17,000 Indian beneficiaries who are entitled to a share of the $3.4 billion Cobell trust fund settlement. Almost all of the money from the $3.4 billion Cobell trust fund settlement has been distributed but remaining payments must be claimed by November 27, 2017.
What is the Cobell v Salazar case?
- PERM What is the “Cobell Settlement?” Cobell v. Salazar is a class action lawsuit brought by Native American representatives against the United States government. Plaintiffs claim that the U.S. government incorrectly accounted for Indian trust assets, (land which came out of the Dawes Act.)
How many scholarships have been awarded as a result of Cobell?
More than $5.25 million in scholarships have been awarded as a result of the Cobell trust fund settlement.
What was the Salazar settlement?
The case was settled for $3.4 billion in 2009. $1.4 billion was allocated to be paid to the plaintiffs and $2 billion allocated to repurchase fractionated land interests from those distributed under the Dawes Act and to return it to reservations and communal tribal ownership.
How many American Indians accounts did the Cobell lawsuit ask the federal government to provide accounting for?
300,000 individual IndianThe Native American Rights Fund and private co-counsel filed this class action case in federal district court in Washington, D.C. in 1996 to force the federal government to provide an accounting to approximately 300,000 individual Indian money account holders who have their funds held in trust by the federal government ...
What award did Ms Cobell win during the time of the trial?
Besides her MacArthur grant and status as a warrior, the Montana Trial Lawyers Association gave Cobell its annual Citizens Award in 2011.
What is a Wau settlement?
Despite extensive efforts to contact all potential claimants, there still remain several thousand Individual Indian Money (IIM) account holders who are classified as “whereabouts unknown" (WAU). These WAU accounts total millions of dollars in potential settlement payments.
What is an individual Indian Money account?
An Individual Indian Money (IIM) account is an interest-bearing account managed by the Department of the Interior, Bureau of Trust Funds Administration (BTFA) on behalf of an individual who has money or other assets held in trust for them by the Federal government.
What is the Cobell litigation?
The Cobell litigation sprang out of the federal government's trust responsibility with respect to three groups of money accounts held in trust for individual Indian beneficiaries. These accounts are commonly referred to as the Individual Indian Money (IIM) accounts.
What did Elouise Cobell do?
She founded the first land trust in Indian Country and served as a Trustee for the Nature Conservancy of Montana. Cobell died at the age of 65 on October 16, 2011, in Great Falls, Montana, after a brief battle with cancer.
What was Eloise's lawsuit about?
It claimed that the Interior Department had stolen or squandered billions of dollars in royalties owed to individual tribal members, mostly in the West, in exchange for oil, gas and other leases.
How much money does a Native American get from the government?
Ever wonder how much assistance the federal government allocates to American Indian tribes and communities each year? It comes to about $20 billion a year, give or take a few hundred million dollars, a document from the Department of the Interior shows.
Do Native Americans get money from the government?
The Bureau of Indian Affairs (BIA) does not disburse cash to individuals, and contrary to popular belief, the U.S. government does not mail out basic assistance checks to people simply because they are Native American.
How much money is in the Indian trust fund?
$634 millionHow much money is in the Indian Trust Fund today? At present, the Indian Trust balance sits at over $634 million. This money is mostly divided into two types of Indian Moneys held in trust: $400 million in Capital Moneys: All money that comes from the sale of surrendered lands or capital assets.
How much money does the federal government give Native Americans?
Ever wonder how much assistance the federal government allocates to American Indian tribes and communities each year? It comes to about $20 billion a year, give or take a few hundred million dollars, a document from the Department of the Interior shows.
How much did tribes get from the cares act?
The CARES Act passed by an overwhelming bi-partisan majority, which provided $8 billion in financial assistance to tribal governments.
Did the Native Americans sue the government?
The lawsuit was filed on behalf of 300,000 Indians, to seek redress for government mismanagement of trust funds through which billions of dollars in Indian money has flowed over the years.
How much money is in the Indian trust fund?
$634 millionHow much money is in the Indian Trust Fund today? At present, the Indian Trust balance sits at over $634 million. This money is mostly divided into two types of Indian Moneys held in trust: $400 million in Capital Moneys: All money that comes from the sale of surrendered lands or capital assets.
Does Cobell Settlement request bank account information?
Please be advised that these individuals are not acting on behalf of the Cobell Settlement. No one associated with the Cobell Settlement will ever request payment or bank account information for any services or information provided. More details
Is the Cobell Settlement still being distributed?
The US District Court for the District of Columbia (the “Court”) has issued an order closing the distribution phase of the Cobell Settlement. The complete order may be read here. Awards in progress for Class Members or heirs of estates that submitted documentation by the document submission deadline will continue to be distributed. Estates of certain deceased Class Members that are pending in federal or Oklahoma Probate will still have awards distributed to heirs identified in the probate process. The Order also provides an additional $19.8 million to the Cobell Scholarship Fund.
How much was the Cobell case settled for?
After over 15 years of litigation, the defendant and the plaintiffs both agreed that an accurate accounting was not possible and in 2010 a settlement was finally reached for a total of $3.4 billion. The settlement, known as the Claims Settlement Act of 2010, was divided into three sections: $1.5 billion was created for an Accounting/Trust Administration fund (to be distributed to IIM account holders), $60 million is set aside for Indian access to higher education, and the remaining $1.9 billion sets up the Trust Land Consolidation Fund, which provides funds for tribal governments to purchase individual fractionated interests, consolidating the allotments into once again communally held land. However, the settlement has yet to be paid due to legal challenges by four Indian plaintiffs.
What is the name of the case that was referred to as Cobell v. Babbit?
Dina Gilio-Whitaker. Surviving multiple presidential administrations since its inception in 1996, the Cobell case has been known variously as Cobell v. Babbit, Cobell v. Norton, Cobell v. Kempthorne and its current name, Cobell v. Salazar (all defendants being Secretaries of the Interior under which the Bureau of Indian affairs is organized).
How many plaintiffs were in Babbit v. Norton?
Kempthorne and its current name, Cobell v. Salazar (all defendants being Secretaries of the Interior under which the Bureau of Indian affairs is organized). With upwards of 500,000 plaintiffs, it has been called the largest class-action lawsuit against the United States in U.S. history.
How long did the Dawes Act last?
In its mission to "civilize" and assimilate Indians into mainstream American culture, the Dawes Act of 1887 broke up the communal landholdings of tribes into individual allotments which were held in trust for a period of 25 years.
Who is Eloise Cobell?
Eloise Cobell, a Blackfoot Indian from Montana and banker by profession, filed the lawsuit on behalf of hundreds of thousands of individual Indians in 1996 after finding many discrepancies in the management of funds for lands held in trust by the United States in her job as treasurer for the Blackfoot tribe.
Who owns Indian lands?
According to U.S. law, Indian lands are technically not owned by tribes or individual Indians themselves but are held in trust by the U.S. government. Under U.S. management, Indian trust lands Indian reservations are often leased to non-Indian individuals or companies for resource extraction or other uses.
WHO IS IN THE SETTLEMENT?
The Settlement includes two groups or "Classes." An individual may be a member of one or both Classes. Most people included in the Settlement are members of both Classes.
What is settlement in Indian trust?
The Settlement is an agreement between the Plaintiffs and the federal government. Settlements end lawsuits. This does not mean the Court has ruled in favor of either side. The parties wish to resolve their differences and realize that many Class Members are elderly and dying and need to receive compensation. In addition, large numbers of Class Members currently live in poverty. So, after 14 years of litigation, both sides want to settle the lawsuit so individual Indian trust beneficiaries receive compensation for their claims. The Settlement will also help the federal government reduce future administration expenses and accounting issues. Class Representatives and lawyers representing them believe that the Settlement is reasonable under the circumstances.
What is a class action lawsuit?
In a Class Action, one or more people called "Class Representatives" sue on behalf of themselves and other people who have similar claims and allegations. All of these people are Plaintiffs.
When was the Fairness Hearing in 2011?
The amount of attorneys' fees, expenses and costs to be paid to Class Counsel was decided by the Court and announced orally during the Fairness Hearing which occurred on June 20, 2011.
When did the Special Master's order come into effect?
The Special Master's July 16, 2013 and April 17, 2015 orders authorize the Claims Administrator to use small estate procedures from specific states to distribute settlement funds to estates and heirs of deceased Class Members when no state or tribal court order, no probated will, and no legally-appointed executor or administrator exists.
Can you sell Indian trust land?
The procedures for selling trust land have not been determined at this point. Once those procedures have been determined, the Department of the Interior will attempt to contact individual Indian trust beneficiaries who own fractionated interests that it wishes to purchase.
Will Indian trust management and accounting continue?
Reform of the Indian trust management and accounting system should continue in the future. The Settlement Agreement allows some funds in the Trust Land Consolidation Fund to be used to pay costs related to the work of a commission on Indian trust administration and reform. In the future, Class Members will still be able to bring claims against the federal government for trust reform.
How long did the $60 million settlement take?
The $60 million ceiling -- the maximum authorized in the settlement -- was hit after just four years.
How much of the Cobell Trust Fund has been distributed?
The overwhelming majority of the $3.4 billion Cobell trust fund settlement has been distributed but some Indian beneficiaries still haven't been paid.
Why was Elouise Cobell awarded the highest civilian honor?
The late Elouise Cobell was awarded the nation's highest civilian honor for efforts to hold the federal government accountable to hundreds of thousands of tribal citizens.
Which tribes are getting a second shot at the Land Buy Back Program for Tribal Nations?
The Confederated Tribes of the Umatilla Indian Reservation are getting a second shot at the Land Buy-Back Program for Tribal Nations.
How many acres does the Bad River Band own?
Through the acquisition of fractional interests, the Bad River Band regained ownership of 3,492 acres on its reservation in northern Wisconsin.
Where is the land buy back program?
The Land Buy-Back Program for Tribal Nations has returned to the Northern Cheyenne Reservation in Montana.
Who is benefiting from the second round of the land buy back program?
Landowners from the Umatilla Reservation are benefiting from a second round of the Land Buy-Back Program for Tribal Nations.
