Delay in Cobell distribution for accounting trust class

[wyo_rose]

Some people got a letter stating the reasons for the delay.

If anyone got one, I'm wondering what it says. I've been searching the web and it shows something about heirs qualifications being changed. So now I think they're distributing to all heirs if there was an Indian probate through the BIA.

Estimated distribution: Fall 2013

If anyone got any further info, please share.

[cris_neva]

I heard the end of fall too...I looked on the calendar to see when the end of fall is and its around the middle of December...so looks like it's gonna be a nice Xmas!

[wardancer]

I haven't got anything from them since they said it would be August.....I guess it will get here eventually !

[wyo_rose]

From Nativetimes.com
Changes approved in Cobell payments to heirs

Special Master Authorizes Additional Procedures For Payment Of Cobell v. Salazar Settlement Funds To Class Members’ Heirs

SEATTLE, July 24, 2013 /PRNewswire/ -- The following statement is being issued by The Garden City Group, Inc. (GCG) regarding the Cobell v. Salazar Settlement.

Changes have been approved in the way payments can be distributed for deceased Class Members in the Cobell v. Salazar Settlement. The changes now allow the use of added procedures for payment to the heirs of deceased Class Members. In December 2012, the Court appointed the Honorable Richard A. Levie (Ret.) as Special Master. In orders issued on July 16, 2013, the Special Master authorized GCG to use additional payment procedures. GCG will now be allowed to use federal probate orders, and in some states, small estate procedures to distribute to the heirs of deceased Class Members. This is authorized when no state or tribal probate order, no probated will, and no legally-appointed executor or administrator exists.

Since December 2012, and in accordance with Orders of the District Court, GCG has worked hard to distribute settlement funds to the estates or heirs of deceased Class Members based on state and tribal probate orders. However, these probate orders do not exist in many cases and it can be costly and time consuming to start state or tribal probate proceedings. Given these difficulties, Counsel for the Cobell Class filed motions to allow GCG to use additional procedures to help with the distribution of settlement funds.

In certain states, GCG is now allowed to distribute funds to the heirs of deceased Class Members based on state small estate procedures. The states are: Alaska, Arizona, Arkansas, California, Colorado, Idaho, Indiana, Kansas, Louisiana, Michigan, Minnesota, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Virginia, Washington, and Wisconsin.

In some cases, the Special Master’s orders allow GCG to use federal or Bureau of Indian Affairs probate orders as a guide for finding and getting funds to heirs of Class Members. Because using a federal probate order may lead to different results than state or tribal probate law, federal probate orders can only be used when no other approved documents have been given to GCG.

Copies of the Special Master’s orders can be found at Cobell v. Salazar Class Action Website. Individuals are strongly encouraged to contact GCG at 1-800-961-6109; or by email at info[MENTION=21813]Indian[/MENTION]trust.com. They are encouraged to provide copies of state, tribal or federal probate orders for deceased Class Members. This will help GCG make distributions. Copies of these documents can be mailed to GCG at: Indian Trust Settlement, P.O. Box 9577, Dublin, Ohio 43017-4877.

Cobell v. Salazar is a class action filed in 1996 against the government for mismanaging their individual trust lands and the money from those lands. The action was led by the late Elouise Cobell and the class is currently represented by David Smith and Bill Dorris of the law firm of Kilpatrick, Townsend & Stockton LLP. After years of intense litigation, a $3.4 billion settlement was reached in 2009. It was approved by Congress in 2010 and held to be fair by Judge Hogan in 2011. All of the appeals were dismissed or withdrawn by late November 2012. The government has since funded the Settlement.

[wyo_rose]

From Cobell v. Salazar Class Action Website

Welcome to the Cobell v. Salazar Settlement Website
Important Updates: On August 1, 2013, the Claims Administrator mailed letters detailing its second determination of eligibility to all persons who filed a request for reconsideration. For further information please refer to the FAQ’s on Determination Letters and Eligibility Documentation.
On July 16, 2013, the Special Master authorized additional procedures for payment of Settlement Funds to deceased Class Members’ heirs.

The Honorable Richard A. Levie (Ret.), appointed as Special Master by the Court in December 2012 to oversee distribution of settlement funds to individual Class Members in the Cobell v. Salazar lawsuit, has approved the use of additional procedures for payment to the estates and heirs of deceased Class Members. In Orders issued on July 16, the Special Master authorized GCG to use in some cases federal probate orders and (in identified states) state law procedures for the distribution of small estates to the heirs of deceased class members, where there is no probated will that addresses the distribution of settlement funds, no state or tribal probate order identifying the heirs, and no legally-appointed executor or administrator. You can review the Orders and Motions on this website under the Court Documents tab.



New Trust Administration Class Deadlines:

On April 9, 2013, the Court approved Plaintiffs’ Unopposed Motion to Modify Aspects of Class Action Administration and filed an Order Granting Motion to Modify Aspects of Class Action Administration which extends certain deadlines as listed below, authorizes claims postmarked by March 30, 2013 to be accepted as timely, directs the Claims Administrator to pay amounts otherwise due Class Members to holders of valid claims of lien or to lawfully appointed bankruptcy trustees, and authorizes the Special Master to hire and pay staff.

Updated deadlines for claimants who submitted claims in connection with the Trust Administration Class:

•May 1, 2013 – The Claims Administrator mailed letters detailing the initial determination of eligibility to all persons who filed a timely claim.
•July 1, 2013 – Written requests for reconsideration must have been postmarked July 1 and sent with all supporting documentation to the Claims Administrator.
•August 1, 2013 – The Claims Administrator mailed letters to any requests for reconsideration with a second determination of eligibility.
•September 4, 2013 – Written requests to appeal the second determination of class eligibility must be postmarked and sent to the Claims Administrator.
•Appeals will be reviewed by the Special Master, the Honorable Richard Levie (Ret.), who was appointed by the Court on December 19, 2012.
Historical Accounting Class

The Historical Accounting Class distribution has been very successful. Over 99% of all living Historical Accounting Class Member payments have been distributed.

Two principal challenges remain with respect to distribution of remaining Historical Accounting Class checks.

1.Estates. There are approximately 38,500 deceased Class Members with awards that have not yet been distributed. The Court and Special Master have ordered that the Claims Administrator may issue payments to estates where acceptable documentation has been submitted, such as:
◦A state or tribal probate order identifying the heirs to the estate;
◦Documentation such as a court order or a properly executed will showing the appointment of an Executor, Administrator or Personal Representative of the Estate;
◦A Last Will and Testament that has been approved through a probate order;
◦A small estate document from an approved state where the estate is in accordance with that state’s small estate procedures;
■The approved states are: Alaska, Arizona, Arkansas, California, Colorado, Idaho, Indiana, Kansas, Louisiana, Michigan, Minnesota, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Virginia, Washington, and Wisconsin.
◦A federal probate order that directs distribution of trust funds or trust lands.
If you are an heir of a deceased Class Member we encourage you to send documentation to the Claims Administrator which details the identity of the personal representative, executor, or administrator, or a copy of the final state, tribal, or federal, probate order. You can review the Orders and Motions on this website under the Court Documents tab.
2.Whereabouts Unknown. Some checks have not been distributed due to insufficient addresses for Class Members. If you have not received a check and are a member of the Historical Accounting Class, please contact the Claims Administrator and provide a current address. OST maintains a list of those beneficiaries who are considered “whereabouts unknown.” A copy of that list can be found at Is OST Holding Money for You?.

[wyo_rose]

Wow, and controversy over the buy back:
$1.9 Billion Dispute: Tribal Leaders Fuming Over Cobell Land Buy-Back Program - ICTMN.com



The program manager for the Department Of Interior Land Buy-Back Program (LBBP) for Tribal Nations, John McClanahan, felt the heat as the frustration of Natives boiled over Friday, July 26 at the offices of the Montana-Wyoming Tribal Leaders Council offices in Billings, Montana.

Leery of a federal one-size-fits-all approach of how $1.9 billion of Cobell LBBP money allotted will be spent to purchase buy-back lands, tribal representatives from the Rocky Mountain and Great Plains areas grilled McClanahan and the BIA about the lack of transparency and cooperation between the DOI and tribal nations thus far. An estimated 70 percent of the fractional buyback acres are located in these areas.

As a result, the MT-WY TLC propose that Congressional legislation is needed to halt the DOI from holding primary purchasing control of buyback lands as well as halt bureaucratic fees that would total $285 million. It was the U.S. government that mismanaged the funds in the first place.

Frustrated with bureaucratic foot dragging, the MT-WY TLC plan to secure a meeting with President Barack Obama and Senate Committee on Indian Affairs before the November midterm elections in order to obtain Congressional support.

McClanahan tried to alleviate fears that the last year hasn’t been time wasted and they weren’t trying to push tribes aside. Bureau of Indian Affairs Director Michael Black and the BIA’s Rocky Mountain Deputy Regional Director Darrel LaCounte were also present to address grievances.

“One of the main things we’ve heard over the last couple of years of planning is tribal involvement is important,” McClanahan says. He addressed other widespread concerns he’s heard like map access of potential private land that could be bought, appraisal information, and accounts that gain interest rates for individual tribes as it waits to be spent.

“We’re trying to start out a program where everything can be balanced. We can’t work with everyone right at once, but we hope to ramp it up so we can work more tribes at once sooner,” McClanahan says.

Fort Belknap representative Donovan Archibald says he’s proposed three detailed plans to the DOI after initial implementation plan meetings were held earlier this year, but never received responses.

He told the BIA and DOI officials, “We’re the key players. You guys are working for us. If we get a contract from the government, we have to submit a proposal of what we’re going to do and that includes a plan and a budget. But you’re contracting our dollars that were awarded to us.” He notes the DOI plans to hire 100 new people to do jobs a lot of tribal members could do themselves. “We want to see a plan or budget to see how we’re going about this.”

McClanahan said many new staff members were hired to handle the mass amount of land cost appraisals. “Some tribes are interested in doing appraisals, and others aren’t,” he said. “But we just want to make sure we’re ahead of the game.”

Archambault said Fort Belknap Assiniboine-Gros Ventres Tribes have already been purchasing land for decades, and even bought 450 acres since March with the tribe’s own money. Cobell money that is supposed to be in the tribe’s possession would’ve come in handy. He also said with the salary of one DOI/BIA official with no knowledge of reservation lands, one could hire several local people on a poverty stricken reservation.

“I have 4.5 million dollars worth of sales in applications right now, and a lot of those are already appraised,” he adds. “We have our own land department and procedures and everything is legally approved by the bureau. We could be buying land right now, and so could a lot of other tribes like the Blackfeet and Northern Cheyenne. I don’t understand why we have to wait for you guys to catch up while we could be doing it.”

“We just want that reciprocal respect we’re affording the federal government,” Fort Peck Assiniboine and Sioux Tribal representative Tommy Christian says. Although Christian understands the DOI and BIA needed to protect their interests based on regulative authority, they shouldn’t patronize tribal integrity and authority while having the audacity to call them sovereign.

“That’s the part of oppression we’ve been dealing with for years, and we need to get over this. You guys got $1.9 billion dollars to help us address these problems, but you’re just giving us a little bit here and there and there to satisfy an administrative process that’s totally ineffective to us. So when I say we need to ‘come to a level playing field,’ understand where I’m coming from.”

Christian said tribes didn’t want to fight the BIA or DOI, they just wanted to make the process easier for all involved. The MT-WY TLC statement says a tribally driven process “will be a real and true step towards self-determination and a fitting legacy for Elouise Cobell.”

Perhaps venting the sentiments and concerns for all the involved tribes at the meeting, Archambault said in regards to the DOI and BIA’s perceived over involvement, “It’s the same old rhetoric: play ball with us, or you’re not going to get your money.”

[wyo_rose]

In looking at the buy-back program, I thought it was just to purchase fractionated land, but it looks like the MT-WY tribal leaders are interpreting it as buying back reservation land from non-natives. VERY cool! Go, Donovan Archambault!!!

[PowwowWarrior]

I received a letter a few months informing me that the next round of payments was going to be distributed in the fall. Friend of mine said October. She got her first payment in December of 2012 but I didn't get mine until mid April. Thats about all I know about the delay. :)

[wardancer]

LOL , This made me laugh !

[lbgood]

LOL , This made me laugh !

That's is hilarious, I can sympathize with Sally, I got my 1,000.00 in December, I am waiting for the big check now which seems like its taking forever.

I want my money and I want it NOW! LOL JG Wentworth

[wardancer]

I didn't file till late....thought I wouldn't qualify ! They sent me a letter saying I did and would get a check this fall.....then August.....then Fall again.......yeah , the check is probably in the mail ! LOL

[cris_neva]

So the chit chat on FB is that some people are already getting their checks!

[lbgood]

So the chit chat on FB is that some people are already getting their checks!

If its true that's awesome, I already called the main office to find out approximately how much I am getting when it comes out - which is based on the ten years of past largest monthly payments and I am getting some major fundage whoohoo!

[cris_neva]

If its true that's awesome, I already called the main office to find out approximately how much I am getting when it comes out - which is based on the ten years of past largest monthly payments and I am getting some major fundage whoohoo!

Lululululu
Good for you...it would be a blessing right now!! Heard all kinds of stories...lol...then some were saying checks were being cashed at one of the local casinos. I think someone else said those are checks from late filing on those who might've inherited. So I dunno?? Just passing on the chit chat...it would be great right now but it will come when it comes!

[wardancer]

OK , got a letter today from the settlement office asking why I hadn't cashed my 1000 dollar check they sent me back in Dec. 2012 ! I emailed them the check re-issue request and then called them to see what was up ! Oh , I'm so mad right now......
Turns out my ex apparently changed MY address to HERS ! If I had proof , she'd be in jail ! So I've been on the phone to see how that could have happened. No proof , but someone has to actually call the BIA IIM section and change the address.They sent the check to her address , but she never cashed it.....so I can't prove she has /had it..........GRRRRRRRRRRRR....sorry , just had to vent. The good news is I get a grand I wasn't expecting plus the other check at the end of fall. The guy I talked to said those check amounts were subject to change as they had to make sure all the claims had been paid.