Settlement FAQs

what is the cobell settlement

by Mrs. Aliya Schuster Published 3 years ago Updated 2 years ago
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The Cobell settlement was approved by Congress on November 30, 2010 (Claims Resolution Act of 2010) and signed by President Obama on December 8, 2010. The $3.4 billion Cobell Settlement includes a $1.9 billion Trust Land Consolidation Fund and $1.5 billion in direct payments to class members.

What happened in the Cobell case?

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.

What is a Cobell?

The Cobell Scholarship funds Native students who pursue post-secondary education. Read this guide to learn how to get it!

What is the purpose of the Corbell lawsuit?

In 1996 banker Elouise Cobell filed a class action lawsuit charging the government mismanaged more than $100 billion in oil, timber, grazing and other royalties on land owned by some 500,000 individual Indian beneficiaries.

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.

How much is the American Indian College Fund Scholarship?

Students attending a state or private community college or university can get up to $20,000 per year. Enrolled members of California tribes which receive little or no gaming or agricultural revenue from the state are eligible.

Is the Cobell Scholarship renewable?

The Cobell Scholarship is annual, non-renewable, and available to any post-secondary (after high school) student who is: an enrolled member of a US Federally-recognized Tribe (or can prove ¼ descent from multiple tribes), enrolled in or plans to enroll in full-time study and is degree-seeking while attending any ...

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.

Why do Native Americans get money?

Money for tribe's come in a couple different ways; dividends or gambling revenues. Dividends can come from the government to be distributed to tribes and their members based on the tribes history with government. They can receive compensation for land disputes or things like land rights.

Who pays Native American tribes?

The U.S. governmentThe U.S. government officially recognizes 574 Indian tribes in the contiguous 48 states and Alaska. These federally recognized tribes are eligible for funding and services from the Bureau of Indian Affairs, either directly or through contracts, grants, or compacts.

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.

What is IIM beneficiary?

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.

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 did Elouise Cobell do?

An entrepreneur, advocate, and member of the Blackfoot Nation, Elouise Pepion Cobell (“Yellow Bird Woman”), fought tirelessly for government accountability and for Native Americans to have control over their own financial future.

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 ...

How can I check my IIM account?

The individual may obtain a statement of their IIM account directly from the Office of Trust Funds Management through the Bureau of Indian Affairs (BIA) by requesting the information in person or by making a telephone request.

Which of the following statements is true of the Battle of Wounded Knee II of 1973?

Which of the following statements is true of the Battle of Wounded Knee II of 1973? It involved the occupation of the site of the infamous cavalry assault of 1890. Which of the following statements is true of Native American craftworks? Selling objects as Native American crafts when it is not is a punishable crime.

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.

Which doctrine states that Indians only have a right to occupancy and not the title to their own land?

MacIntosh (1823) which maintains that Indians only have a right to occupancy and not the title to their own lands. This led to the legal principle of the trust doctrine to which the United States is held on behalf of Native American tribes.

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 responsible for Cobell settlement?

GCG, the claims administrator for the Cobell Settlement, is responsible for settlement payments and mailing those checks. Please direct questions about payments and to update your information to GCG at their toll-free number: 1-800-961-6109. TBCC can answer questions about your Individual Indian Money (IIM) account and your trust assets.

What is the number to call for Cobell Settlement?

Provide information to the call center of Garden City Group (GCG), the claims administrator for the Cobell Settlement, at their toll-free number, 1-800-961-6109. I have tried to contact both the Garden City Group and then the Trust Beneficiary Call Center and have not been able to get through. I encounter a busy signal or a message ...

Why is TBCC working?

TBCC is also working to increase infrastructure and personnel resources so that it can respond to the high volume of calls being received. Until these changes are accomplished, OST extends regrets for the delays and thanks each caller for showing patience.

How much was the Cobell case settled for?

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. In addition, a scholarship fund for Native American and Alaska Native students was created, to be funded from purchase of fractionated lands. It is named the Cobell Educational Scholarship Fund in honor of lead plaintiff Elouise Cobell, who filed suit against the government in 1996 and persisted with the case until settlement. The scholarship fund has a cap of $60 million; $40 million had been contributed to the fund by November 2016.

What did the Cobell case reveal?

According to Cobell, "the case has revealed mismanagement, ineptness, dishonesty, and delay of federal officials.". The plaintiffs alleged that "the government illegally withheld more than $150 billion from Indians whose lands were taken in the 1880s to lease to oil, timber, minerals and other companies for a fee.".

What is the Cobell Education Scholarship Fund?

As another part of the settlement, the government set up a scholarship fund, named the Cobell Education Scholarship Fund in honor of lead plaintiff Elouise Cobell. It contributes money on a quarterly basis from sales in the buy-back program, with a cap of $60 million. By November 2016, the total amount contributed to the scholarship fund so far was $40 million. The Scholarship Fund provides financial assistance through scholarships to American Indian and Alaska Native students wishing to pursue post-secondary and graduate education and training.

What is Cobell v. Salazar?

Kempthorne and Cobell v. Norton and Cobell v. Babbitt) is a class-action lawsuit brought by Elouise Cobell ( Blackfeet) and other Native American representatives in 1996 against two departments of the United States government: the Department of Interior and the Department of the Treasury for mismanagement of Indian trust funds. It was settled in 2009. The plaintiffs claim that the U.S. government has incorrectly accounted for the income from Indian trust assets, which are legally owned by the Department of the Interior, but held in trust for individual Native Americans (the beneficial owners ). The case was filed in the United States District Court for the District of Columbia. The original complaint asserted no claims for mismanagement of the trust assets, since such claims could only properly be asserted in the United States Court of Federal Claims .

How much did the Cobell v. Salazar settlement cost?

In 2010 Congress passed the Claims Resolution Act of 2010, which provided $3.4 billion for the settlement of the Cobell v. Salazar class-action trust case (and four Indian water-rights cases.)

When was Cobell v Salazar vacated?

On July 29, 2009, the D.C. Court of Appeals vacated the award and remanded the District Court's previous decision in Cobell XXI. See, Cobell v. Salazar (Cobell XXII), 573 F.3d 808 (D.C. Cir. 2009).

Who was the plaintiff in Cobell v. Babbitt?

Cobell v. Babbitt was filed on June 10, 1996. The named plaintiffs are Elouise Cobell, Earl Old Person, Mildred Cleghorn, Thomas Maulson, and James Louis Larose.

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