Dear Indian Country:
This is the seventh letter in a series of open letters that I’m sending to Indian Country to answer questions you have asked me about settlement of the Cobell class action lawsuit. Prior Ask Elouise letters can be found on the Cobell settlement website:. We also have a “frequently asked questions” section to answer the most common questions we’ve received: http://cobellsettlement.com/press/faq.php. I can’t answer every question, but I will try to answer as many as I can every week.
The most common question I receive every week relates to whether someone is included in this settlement. Unfortunately, I do not have that information. The settlement agreement provides general guidelines (see prior Ask Elouise letters), but I also understand many of you have unique or unusual circumstances which make it unclear whether you are included. For those of you who still have questions, I recommend that you register to receive all Court-ordered communications to ensure you do not miss important information. There is no need to register if you are receiving a quarterly IIM statement. The Court ultimately will determine who is included in this settlement. Registration information can be found at the end of this and every Ask Elouise letter.
I’ve heard that the government and the tribes will receive money under the settlement, is this true? No. I too have heard the rumors that tribes or the government will receive money under this settlement agreement. I can assure you that those rumors are false. Tribes are not members of this class. Only individual Indians are members of the class. Moreover, tribes haven’t provided one penny in support of this case. And, equally importantly, they will have no role with the administration of the scholarship fund. The government will not receive any money under this settlement agreement. However, I should point out that the government may use up to 15% of the $2 billion Land Consolidation fund to pay for its expenses in managing the program. This means that the government may use up to $300 million of the $2 billion to administer the Land Consolidation fund.
What is the status of the settlement? We still await Congressional approval. The settlement requires legislation from Congress to proceed to a fairness hearing before the district court. Unfortunately, it appears increasingly likely that the April 16, 2010 deadline will also pass without the enactment of ratifying legislation authorizing. I hold out some hope that Congress will pass legislation before April 16, 2010, but grow increasingly skeptical. If legislation is not passed before the deadline, I will consult with our attorneys about our options.
If you have a question, send an e-mail to: askelouise@cobellsettlement.com. Otherwise you can send me a letter to the address below. To expedite the processing of your letters our contractor has set up a post office box in Ohio, but I assure you this letter is coming from me and I will see your letters.
(To see the rest of the letter in its entirety, go to the April 5 Ask Elouise Web page.
Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877Thank you and keep your questions coming!
Best wishes
Elouise Cobell
Jodi Rave
Browning, Montana