Settlement FAQs

when will indian trust settlement be paid

by Lucious Zemlak Published 2 years ago Updated 2 years ago
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The first payments issued to land owners were to those in the Historic Class. The second group, the Trust Class, will receive checks within six months (most receive at least $500 or more).Feb 26, 2020

Full Answer

How long did it take to settle the Indian trust fund?

Government Settles Indian Trust Fund Suit. After 13 years of litigation and 122 years of waiting, the United States government is finally paying Native Americans for profits earned on 54 million acres of Native land held “in trust” by the federal government since 1887.

What is the total settlement amount for the estate tax case?

This settlement amount totals $3.4 billion dollars and is broken in two parts: $1.5 billion to Historical Class and Trust Administration Class (Trust Class) members and $1.9 billion to buy back small inherited land interest.

How much will the government pay Native Americans in the settlement?

Under the terms of the settlement, the government will set aside $1.4 billion “to compensate [Native landholders] for their historical accounting claims, and to resolve potential claims that prior U.S. officials mismanaged the administration of trust assets.”

What is the special master’s role in the Indian trust settlement?

The Special Master has reviewed and determined most appeals for consideration in the Indian Trust Settlement. To this end, he has filed a report with the US District Court for the District of Columbia (the “Court”) which has responded with an Order outlining the required process if there are Objections to the Special Master’s Decisions.

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How much was the Cobell settlement?

$3.4 billionThe 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 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.

When was the Cobell case settled?

2009The 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 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.

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.

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 did Elouise Cobell receive from the settlement before her death?

Cobell was not only the lead plaintiff but raised money for the suit, donating part of the $310,000 from her “Genius Grant” to the cause. After 13 years of contentious court battles, Cobell and her lawyers agreed to a $3.4 billion settlement with the U.S. Government in December 2009.

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?

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.

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 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 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.

How much money will be set aside for Indian scholarships?

According to Interior, up to $60 million will be set aside—“in order to provide owners with an additional incentive to sell their fractionated interests”—for an educational scholarship fund to help American Indian students attend college and vocational school.

How much was the settlement for AIG?

Some business reports characterized the settlement as a “pittance,” particularly when compared to the recent $180 billion bailout for insurance giant AIG, noting that “the $3.4 billion [settlement] amounts to roughly a third of Goldman Sachs’s government bailout. It’s little more than one-tenth the loss the government expects to suffer from its AIG bailout.”

How to contact Indian Trust Settlement?

Specific questions about your account, such as how much payments will be, should be directed to your Indian Trust Settlement attorney’s call center: 1-800-961-6109.

Who was the historical class payment mailed to?

Historical Class payments were mailed to Native allotment owners who had at least one cash transaction in their account- cash that may have been paid for a land sale, rent, a right of way, or permit.

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 long does the Department of Interior have to buy fractionated trust land?

The Department of the Interior will have up to 10 years from the date the Settlement is granted final approval to purchase the fractionated trust land. Any money remaining in the Land Consolidation Fund after that time will be returned to the U.S. Treasury.

How to show you are an eligible member of the Trust Administration Class?

To show that you are an eligible member of the Trust Administration Class you must provide documentation proving that you fit the Class definition. The Class definition requires the following:

When is an IIM account holder's estate included in the historical accounting class?

The estate of an IIM account holder who was deceased as of September 30, 2009 is included in the Historical Accounting Class if the IIM account (or its related probate account) was open as of that date.

What is IIM money?

IIM accounts primarily contain money collected by the federal government from farming and grazing leases, timber sales, mining, oil and gas production, and other activities on trust land, as well as certain per capita distributions.

Is trust administration class a class action lawsuit?

The Trust Administration Class does not include individuals who filed a separate lawsuit or who were part of a certified class in a class action lawsuit making a Funds Administration Claim or a Land Administration Claim against the federal government before December 10, 2010.

Can IIM settlement affect IIM account?

If you are included in the Historical Accounting Class and/or the Trust Administration Class, the settlement could affect you even though your IIM account is inactive or never existed.

How much was the settlement class award in 1964?

The total amount allocated for Settlement Class Members who shared in the 1964 Award is One Million Sixty-Three Thousand Four Hundred Dollars ($1,063,400.00);

What is the Pembina class action settlement?

The Pembina Class Action Settlement Agreement is the result of a lawsuit to redress alleged breaches of trust by the United States Department of the Interior (the “Interior Department”), the United States Department of the Treasury, and the United States of America ...

How much of the Pembina Judgment Fund was distributed in 1971?

The 1971 Distribution Act further provided that one hundred percent (100%) of each of the four Pembina Judgment Fund beneficiaries’ shares of the 1964 Award be distributed by the Interior Department to each individual member determined by the Interior Department to be eligible to share in the distribution of the 1964 Award.

When did the Pembina case settle?

After years of court proceedings and settlement negotiations, in November 2020 , the parties approved a comprehensive settlement that they had reached to resolve and settle all of the claims of the Pembina Judgment Fund Tribal Plaintiffs in the CFC Companion Case and the Individual Plaintiffs in this case.

Who were the beneficiaries of the 1964 Pembina Judgment Fund?

In 1971, Congress provided for distribution of the 1964 Award among four Pembina Judgment Fund beneficiaries determined by the ICC to be the modern day successors to the historic Pembina Band for purposes of the 1964 Award: 1) the White Earth Band; 2) the Turtle Mountain Band; 3) the Chippewa Cree Tribe; and 4) as a group, individuals called NMLDs, who were determined by the Interior Department to be lineal descendants of the Pembina Band eligible to share in the distribution of the 1964 Award, but who were not members of any of the 1964 Award beneficiary tribes. The 1971 Distribution Act further provided that one hundred percent (100%) of each of the four Pembina Judgment Fund beneficiaries’ shares of the 1964 Award be distributed by the Interior Department to each individual member determined by the Interior Department to be eligible to share in the distribution of the 1964 Award. Defendants held the 1964 Award funds in trust and in common for Pembina Judgment Fund beneficiaries for at least twenty (20) years until they began to distribute them in 1984.

When was the first Pembina judgment?

The first Judgment Award was in 1964 (the “1964 Award”), and the second was in 1980 (the “1980 Award”). The 1964 Award and the 1980 Award are known as the Pembina Judgment Fund. Defendants are the trustees for the Pembina Judgment Fund, meaning they were responsible for managing those trust funds on behalf of the Pembina Judgment Fund beneficiaries.

When did Chippewa Indians get audited?

In 1988 , leaders of the Turtle Mountain Chippewa Band of Chippewa Indians “were dismayed at the overall lack of money available for distribution” in the per capita distribution, the article said. The tribe then requested an audit from the Interior Department Office of the Inspector General and “also hired independent accountants who confirmed to the tribe that on this issue, ‘you don't need an accounting firm, you need a law firm.’”

How much did the Pembinas pay for land?

In 1905, the Pembinas ceded roughly 10 million acres of land west of the Red River area to the government for a price of 10 cents an acre as part of what is known as the “Ten Cent Treaty,” according to the 1982 report. The report said 8 million acres of the ceded land “extended from the present day north central part of North Dakota to the Canadian border.”

How much did Peltier v. Haaland settle for?

Photograph provided by the National Museum of the American Indian. (Photo/pembinasettlement.com) WASHINGTON — A $59 million settlement in Peltier v. Haaland, a class action lawsuit alleging trust fund mismanagement and failure to account by the Department of the Interior, will go to four tribes located in the Midwest and Northwest United States ...

What tribes were represented by the Native American Rights Fund?

On June 10, the United States District Court for the District of Columbia finalized the settlement, which was reached in the Court of Federal Claims with the Chippewa Cree Tribe of the Rocky Boy’s Reservation of Montana, the Turtle Mountain Band of Chippewa Indians of North Dakota, the Little Shell Tribe of Chippewa Indians of Montana, and the White Earth Band of Chippewa Indians of Minnesota, the Interior Department announced. The tribes were represented by the Native American Rights Fund (NARF), according to the website designated for the lawsuit.

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