Ledyard King of Gannett’s Tribune Washington Service reported on May 22 the following update of the proposed Cobell settlement, which might be approved by Congress as part of the American Jobs and Closing Tax Loopholes Act. Indianz.com reports the settlement comes as an amendment to the HR 4213 or the American Workers, State, and Business Relief Act of 2010. Read on:
WASHINGTON — Lawmakers are moving forward with a plan to pay thousands of Indians across the country a total of $3.4 billion to settle a long-running class-action lawsuit over the federal mismanagement of tribal lands held in trust by the federal government. The lawsuit, which has been a divisive issue in Indian Country, was brought more than a decad ago by Elouise Cobell of the Blackfeet Tribe in Montana. Language providing the money to settle the case has been inserted in a bill that would extend tax breaks set to expire soon. The bill has a solid chance of passing within the next few weeks.
However, questions remain on how it would be paid for, a key hurdle given Congress’ increasing reluctance to pile on more federal debt. The plan has the backing of Sen. Max Baucus, a Montana Democrat who chairs the Senate Finance Committee, which handles tax legislation. The Cobell suit is very important to Max and folks across the state,” Baucus spokesman Ty Matsdorf said Friday. “He wants to make sure the Native Americans involved in the suit receive the compensation they deserve, and putting this in the tax-extenders bill will help bring resolution to this case. Max is committed to work to make sure that this is passed as quickly as possible.”
The settlement would provide $1.4 billion to more than 300,000 Native Americans — most would get between $1,000 and $1,500 — scattered mainly west of the Mississippi River. The government also would spend up to $2 billion to buy small parcels of reservation land held by multiple owners — tracts that are expensive to manage and do not generate much income. That land then would be turned over to the tribes.
In addition, the agreement calls for the creation of a committee to evaluate ongoing tribal trust issues and the creation of a $60 million scholarship fund for Native American students. The case can’t be closed until Congress approves the money.
Supporters say it’s the best chance to get something back for more than a century of federal mismanagement of money from the commercial use of tribal lands for such purposes as cattle grazing, mineral extraction and timber cutting.
Opponents of the settlement, including key Republicans, say the individual payouts are meager; the legal fees, which could reach $100 million, are too exorbitant; and that the deal has been struck with little transparency. In addition, they are concerned that the settlement, which is supported by the President Barack Obama, improperly seeks to settle claims to the it suit has no authority to resolve and could take away the rights of some Native Americans to sue in the future.
Kimberly Craven, a member of the Sisseton-Wahpeton Oyate Tribe in South Dakota, said she respects the fight Cobell has waged but said too many questions remain unanswered.
“The proposed settlement goes far beyond the original lawsuit, raising and resolving major issues of public policy related to rights of tribes and Indian peoples,” she said recently. “If it was worth battling 14 years to get a proper accounting, it is certainly worth taking the time to fully understand what this settlement really means so Congress can hear from an informed cross-section of Indian Country.”
Jodi Rave
