Upcoming Events in Cobell v. Salazar

1. On May 1, 2014, the Special Master mailed out the first 200 decisions on the appeals of individuals from a determination by the Claims Administrator that they were not eligible to participate in the Cobell settlement. More decisions will be forthcoming shortly.
2. The Special Master has scheduled oral argument at 10:30 am on Tuesday May 13, 2014, in the appeal by one claimant from the Claims Administrator’s determination that it was not eligible to participate in the Cobell settlement.
3. During the week of May 12, 2014, Class Counsel will be filing a motion with the Special Master to permit the Claims Administrator to place funds due to the heirs of all Class Members who are deceased in to an Estate IIM account where an estate is open and pending for that Class Member. At the time the Settlement Agreement received final approval at the end of 2012, there were over 60,000 Class Members who were eligible to participate in the Settlement who had passed away. A great deal of effort has been spent seeking to identify the heirs of those Class Members and to obtain probate documentation allowing the disbursement of those funds. However, there remain a large number of estate funds to be disbursed. Where an heir of a deceased Class Member has not identified himself or herself, or no probate documentation has been provided, deposit of those funds in to a pending Estate IIM account is the most cost-effective way to distribute them. If you believe you are an heir to a deceased class member, please contact the Claims Administrator at 1-800-961-6109 or by email at info@indiantrust.com.
4. During the week of May 18, 2014, Class Counsel will be filing a motion with the Court setting forth a plan for the distribution of the Trust Administration Class payments. Once this is filed it will be posted on the website.
5. During the week of May 26, 2014, Class Counsel will file a report summarizing the status of the Settlement Agreement’s implementation. This will be posted on the website after it is filed.
6. On May 30, 2014, at 10:00 am in Courtroom 25A at the United States District Court for the District of Columbia, Judge Hogan will hold a conference to review the status of the Settlement Agreement’s implementation, the distributions and pending appeals.
7. During the week of June 2, 2014, David Smith, Class Counsel, will be in Oklahoma. If there are groups from Oklahoma interested in meeting with him during that week please contact him by phone at 866-383-6554 or by email at beneficiaryline@kilpatricktownsend.com. We will do our best to accommodate all requests.
8. During the week of June 9, 2014, David Smith, Class Counsel, will be in Alaska. If there are groups from Alaska interested in meeting with him during that week please contact him by phone at 866-383-6554 or by email at beneficiaryline@kilpatricktownsend.com. Once again, we will do our best to accommodate all requests.

Dear Indian Country

This open letter discusses the events in the Cobell case since my last letter to you. In that letter, I discussed the fact that your trust payments have been withheld by appeals filed by four class members: Kimberly Craven, Charles Colombe, Carol Eve Good Bear, and Mary Lee Johns. Now, I am pleased to report that both appeals have now been successfully resolved.

How were the appeals resolved? On October 29, 2012, the Supreme Court denied Kimberly Craven’s petition that asked the Supreme Court to hear her appeal and set aside the settlement, bringing her obstruction of your settlement to an end. On November 2, Good Bear, Colombe, and Johns agreed to dismiss with prejudice their Supreme Court petition in return for Class Counsel’s agreement to pay their attorney's fees and expenses out of attorneys’ fees we expect to receive. A stipulation of dismissal was filed with the Supreme Court on November 6 and the Supreme Court officially dismissed their petition today.

Because of the Supreme Court's rejection of Craven's petition, we believe the other appellants have realized what everyone else had known all along: that their appeal had no merit and no chance of success. However, because it had the potential to delay further your settlement payments, we, Class Counsel, offered to pay the three petitioners their attorney’s fees and expenses out of our attorneys’ fees. This will greatly increase the likelihood that we can begin to disburse settlement funds to you before Christmas and before winter is fully upon you. Most importantly, we also wanted to finalize the settlement before more Class Members die without realizing any measure of justice. Sadly, it is estimated that 12,000 class members have died since the settlement's record date of September 30, 2009. As you know, the year and one half delay caused by the appeals prevented Elouise from seeing the results of her extraordinary efforts. In addition, each month that finality has been delayed has cost class members at least $300,000 out of their recovery.

With winter here, Class Counsel were committed to doing everything we reasonably could do to help you receive your Historical Accounting Class payments by Christmas. U.S. District Judge Royce C. Lamberth said “justice delayed is justice denied,” and we did not want the four objector appellants to obstruct your recovery any longer.

What steps remain to starting the distribution? Within the next month or so, the government will pay into the Cobell account at J.P. Morgan, the approved settlement bank, settlement funds out of the Claims Judgment Fund of the United States. However, before that payment is made, the Attorney General must certify that the case is final and an Assistant Secretary of the Treasury must certify that it is proper to access the Judgment Fund to make that payment. Secretary Salazar has assured Indian Country that the government is “ready to hit the ground running as soon as the Supreme Court makes a decision.” We believe him. Accordingly, there is good reason to be optimistic.

I keep hearing about some sort of $7 billion dollar settlement offer that was rejected by Elouise. What is that? It is a false contention that Craven made repeatedly in her meritless arguments. Unfortunately, that myth was perpetuated by irresponsible news organizations. Let me be clear one last time: No one rejected a $7 billion offer to settle the case. Indeed, no administration made a $7 billion settlement offer to settle Cobell. Nor did Congress. Until the 2009 settlement negotiations, which resulted in your $3.4 billion tax-free settlement, the government never offered a single penny to settle our litigation. Further, the government made it clear that $3.4 billion is the absolute maximum amount that it would pay to you and fellow class members. It would not pay one penny more. The district court reviewed the facts and pointedly found Craven’s contention to be utterly meritless.

How will I receive my trust funds? Your trust funds will be sent to the last address on file with the Garden City Group. Please contact the Garden City Group to ensure that your correct information is provided. The Garden City Group can be contacted via mail, phone, and email at:

Indian Trust Settlement
POB 9577
Dublin, OH 43017-4877
800.961.6109
Info@IndianTrust.com

This and other Ask Elouise letters can be found on the settlement website: http://cobellsettlement.com/class/ask_elouise.php. There is also a "frequently asked questions" section to answer the most common questions received: http://cobellsettlement.com/faq.php.

Kind Regards,

Dennis Gingold

Lead Counsel, Cobell Plaintiffs

Dear Indian Country

This open letter discusses events and issues in the Cobell case since the last communication on May 22, 2012. Unfortunately, your settlement trust payments continue to be blocked because of appeals taken by four class members and their attorneys. The four class members are Kimberly Craven, Charles Colombe, Carol Eve Good Bear, and Mary Lee Johns.

Until their appeals are exhausted or withdrawn, no payments may be made to desperate class members, no scholarship money may be provided to needy Indian students, and no money is available to purchase fractionated interests in land that would be consolidated and transferred to tribes free of liens. In short, another winter is approaching, but there is no money for you, your children, and grandchildren because of Craven, Colombe, Good Bear and Johns – as well as their attorneys.

So, what is the current status of the case? Weren’t their appeals resolved by the court of appeals on May 22, 2012? No. On May 22, 2012, two separate three-judge panels of the United States Court of Appeals for the D.C. Circuit concluded that the settlement is fair and they affirmed unanimously the district court’s order granting final approval of the Cobell settlement. This is a major victory for you; however, it is not the end. All four appellants elected to seek review by the Supreme Court of the United States. The appeal to the Supreme Court is not a right and the objectors must petition the Court to hear their arguments. Craven’s petition was filed August 20. Colombe, Good Bear and Johns, whose appeals are consolidated, sought a 60-day extension to file their petition. We vigorously opposed that request, but they were granted a 30-day extension to file their petition – until September 19, 2012. Our opposition to the Craven petition, as well as the government’s opposition, is due on September 22.

What did the Court of Appeals say? In a 24-page decision, a three-judge panel rejected all the arguments of Kimberly Craven because they all are without merit. Craven claimed, among other things, that the settlement is not fair to her. The Court of Appeals disagreed, finding, in part, that she "mischaracterize[d] the Historical Accounting Class" and that Craven "offer[ed] no persuasive evidence to support her claim of unfair compensation [for Trust Administration Class members]." Craven personally attacked Elouise, suggesting baselessly that Elouise had colluded with the government to reach a settlement. Craven’s contention was rejected emphatically by the Court of Appeals, which found that "Ms. Cobell’s singular, selfless, and tireless investment of time, energy, and personal funds to ensure survival of the litigation . . . undermined any attempt to imply that Ms. Cobell had improperly colluded with the Secretary to settle." Notably, the Court held that Craven "ignore[d] the history of this hard-fought litigation and the obstacles to producing an historical accounting."

On the same day that Craven’s appeal was rejected as meritless, a second three-judge panel of the D.C. Circuit summarily rejected every argument of Good Bear, Colombe and Johns, pointedly holding that two of their four arguments were disposed of by the Craven decision. The U.S. Court of Appeals admonished the three appellants and their counsel for making two arguments that were "utterly without merit," that relied on a "blatant mischaracterization," or were "contrary to all precedent and to common sense."

Why are appellants appealing the court’s rejection of "blatantly mischaracterized" arguments that are "without merit" and otherwise "ignore the history of this hard-fought litigation and enormous obstacles to producing an historical accounting"? What are the chances of the four appellants prevailing? Speculation is inappropriate; however, I note a potentially relevant statistic. In 2010, the latest full term of the Supreme Court, the Court reviewed 7,857 petitions for the Court to hear cases. Of those, only 86 were granted. This suggests that there is about a 1% chance that the petitions of Craven et al. will be granted. As reported by Indianz.com on August 15, Colombe, himself, admitted to the Native Sun News that they, the appellants, were "going to be blown out of the water" by the Supreme Court. But, even so, in the unlikely event that one of the petitions is granted, your payments may be delayed at least another year.

I am not aware of any case in which the Supreme Court has rejected calls from all three branches of government urging the prompt and fair resolution of a settlement with the United States government. You may recall that the settlement received bi-partisan support in Congress. The Senate unanimously passed the Claims Resolution Act of 2010 (the "CRA") and that House voted overwhelmingly to ratify the settlement and appropriate all necessary funds. The President signed the CRA into law, at which time he emphasized the importance of the settlement both to individual Indians and the United States government. Six judges sitting in the district court and court of appeals carefully reviewed the record evidence and the law and they rejected as meritless each of appellants' arguments.

So, if they have little chance of prevailing on the merits, why are they appealing? I cannot answer that question because I do not know. Class members, including those who identify themselves as family of the appellants, ask us the same question. They ask why appellants are doing this when they know that it hurts so many Indian people, including their own grandchildren. To the extent that the appellants ever believed they had a chance of prevailing prior to May 22, 2012, it is clear that they have very little or no chance of prevailing now. And, should they succeed, that means that the settlement would be terminated and that they and you will receive nothing. It is not within the realm of possibility that Congress will again appropriate $3.4 billion for individual Indian trust beneficiaries. When so many class members are dying and many must do without heat and adequate shelter this winter, I believe that the efforts of the appellants and their counsel are nothing short of a travesty of justice.

Did you disclose confidential information about the appellants to us? No, notwithstanding false statements made by Craven, Good Bear, Colombe, and Johns in that regard, each filed in the public record his or her own contact information, including home addresses phone numbers and other such information. Indeed, they or their attorneys disclosed that information publicly nearly one and one-half years ago. Today, the information remains in the public record. Any of you may visit the Clerk of the U.S. District Court at the courthouse or download the information from Internet. See e.g., Dkt. Nos. 3740 at 7 (Craven), 3746 at 105, 108 (Good Bear), 3746 at 238 (Colombe), and 3746 at 150 (Johns).

I understand that Craven is now saying that the creation of the Trust Administration Class was not part of the original complaint, is this true? No. This is another instance where Craven fundamentally is wrong. The complaint that Plaintiffs filed in June 1996, among other things, sought equitable relief, including an adequate accounting of IIM Trust assets and restitutionary relief that is based on whatever the accounting would reveal. Further, the original class certified by the U.S. District Court in February 1997 consisted of all past and present individual Indian trust beneficiaries. Trust Administration Class Members were included in the class certified almost 16 years ago. Put another way, principal claims of the Trust Administration Class were included in the complaint filed in 1996 for the class certified by the U.S. District Court on February 4, 1997.

I’ve also read that Craven is arguing that the incentive awards to Ms. Cobell and the other named plaintiffs are exorbitant and a Supreme Court decision supporting her argument "would significantly strengthen the [future] enforcement . . . and protect[] the interests of future generations of class members." What does she mean and how would this protect me in any future lawsuits? This is a misguided, erroneous, and fallacious argument. Not a single argument advanced by Craven will "protect[] the future generations of class members." She does not explain how any judgment finding that this particular incentive payment is "exorbitant" would protect you, an individual Indian class member, in some future class action litigation that no one wants to file. Indeed, because no one will ever bring another class action lawsuit of this nature to trial, her argument makes no sense and it is extremely misleading.

But, the incentive payment is larger than average, right? Yes, it had to be in order to reflect the extraordinary efforts of the named plaintiffs. Both the U.S. District Court and the U.S. Court of Appeals for the D.C. Circuit held that Craven has "ignor[ed] the history of this hard-fought litigation and the obstacles to producing an historical accounting." No named plaintiff in a class action case has made sacrifices that Elouise made during the last 15 years of her life. She used hundreds of thousands of dollars of her own money to fund experts in the litigation and she devoted much of her adult life to the successful prosecution of this case. Unlike Craven, Elouise is a genuine American hero and as President Obama eloquently stated, "[h]er persistent and determined leadership in the pursuit of justice for all Native American’s will leave an enduring legacy."

What have you done to speed up this process? We have done everything that is legally possible. In addition, we reached out to the attorneys who represent each of the appellants on multiple occasions to urge them to consider the financial and human cost to the class members, all to no avail.

When can we expect to be paid? Unfortunately, as a result of their actions, your payments could be delayed several more months and perhaps longer – possibly to 2013, or even 2014. If Craven, Good Bear, Columbe, and Johns had not pursued their meritless appeals, you would have been paid by now, the scholarship fund would have been established, and land consolidation would be under way. Even now, if each of these appellants withdrew their appeals, you would receive your first check within a few weeks.

Who are the attorneys who represent the appellants? McGuireWoods LLP, a Virginia law firm with a Washington, D.C. office, is representing Kimberly Craven. An associate in that firm, Anand Ramana, is handling her petition and is counsel of record. It is the same firm that filed an amicus brief in the Court of Appeals on behalf of Competitive Enterprise Institute ("Institute") in support of Craven’s meritless arguments. The Institute is a tax-exempt organization and Wikipedia reports that it is funded by ExxonMobil Corporation, Texaco, Inc., Coca Cola Company, CSX Corporation, FMC Corporation, and others. The Institute says that it is "dedicated to the principles of free enterprise and limited government." If that statement is true, why would the Institute want to deny individual Indians their property rights, particularly given that the Institute states that the restoration of property rights is one of its goals.

McGuireWoods is also the same law firm that recently was cited for an "egregious" ethics violation by a panel of the U.S. Court of Appeals for the 9th Circuit in an antitrust case. As a result of its cited misconduct, the Court of Appeals affirmed the District Judge’s denial of the law firm’s request for attorneys’ fees. The firm says that it is representing Craven for free.

David Harrison is an Albuquerque, New Mexico lawyer and Osage Indian who represents Good Bear, Johns, and Columbe. He is a former BIA employee. The Court of Appeals found that certain of the arguments and representations he made to it are "utterly without merit," a "blatant mischaracterization," and "contrary to all precedent and to common sense." Quite a dubious achievement, even for Mr. Harrison! If as the judges say he blatantly mischaracterized facts and the litigation record and if as they say he misstated controlling law, why should you believe that his statements to you about the Cobell case are truthful or sensible?

This and other Ask Elouise letters can be found on the settlement website: http://cobellsettlement.com/class/ask_elouise.php. There is also a "frequently asked questions" section to answer the most common questions received: http://cobellsettlement.com/faq.php.

Kind Regards,

Dennis Gingold

Lead Counsel, Cobell Plaintiffs

Dear Indian Country

Today, we are pleased to announce that the United States Court of Appeals for the D.C. Circuit unanimously affirmed the district court’s order granting final approval of the Cobell settlement. As you know, following the U.S. District Court’s order granting final approval, four class members (Kimberly Craven, Carol Goodbear, Charles Colombe and Mary Johns) filed appeals. The Goodbear, Colombe and Johns appeals were consolidated by the D.C. Circuit. The US Court of Appeal decisions can be found on the settlement website: www.IndianTrust.com in the "Court Documents" section.

In the 24-page decision, a three-judge panel rejected the arguments of Kimberly Craven, a landowner who had challenged the settlement as unfair.

The D.C. District Court also summarily rejected the arguments in the appeal of Goodbear, Charles and Mary Johns, holding that two of their four arguments were disposed of by the Craven decision and that their remaining two arguments were without merit.

Please note that Craven, Goodbear, Colombe and Johns may seek further review en banc from the full Circuit, a rehearing from the respective appellate panel, or review by the Supreme Court. They have 90 days to petition the Supreme Court. Should one or all of the appellants seek Supreme Court review, payments will be delayed further, i.e., through the Fall or Winter of 2012 or the Spring of 2013, at the earliest.

Prior Ask Elouise letters can be found at: http://cobellsettlement.com/class/ask_elouise.php. There is also a "Frequently Asked Questions" section to answer the most common questions received: http://cobellsettlement.com/faq.php.

Kind Regards,

Dennis Gingold

Lead Counsel, Cobell Plaintiffs

Elouise Cobell, an enrolled member of Montana's Blackfeet Tribe who led a 16-year landmark legal fight to get the federal government to pay an estimated 500,000 Native Americans for mismanaging their trust accounts, died Sunday at Benefis Hospital in Great Falls, Mont.

A great granddaughter of Mountain Chief, one of the legendary Indian war chiefs, Elouise had been diagnosed with cancer a few weeks before her class-action lawsuit was given final approval by Judge Hogan in Washington, D.C. on June 20, 2011.

Born on the Blackfeet Reservation on Nov. 5, 1945, Ms. Cobell was one of eight children.

Her survivors include: her husband, Alvin Cobell of Blacktail, Mont., a son, Turk Cobell and his wife, Bobbie, of Las Vegas, two grandchildren, Olivia, and Gabriella, a brother, Dale Pepion of Browning, Mont., and three sisters, Julene Kennerly of Browning, Mont., Joy Ketah of Seattle and Karen Powell of Browning, Mont.

Ms. Cobell will be remembered as an extraordinary person as well as a warrior and uncommon leader. Ms. Cobell drew the line in the sand and told the government "no longer, no further, and no more." Against seemingly insurmountable odds, Ms. Cobell never backed down in her selfless fight for justice for the most vulnerable people in this country and concluded this long-running case for the largest settlement involving the government in American history. A true hero is gone today and everyone should be thankful for her sacrifice and enduring spirit. We may never see the likes of her again. And, while Elouise did not live to see the fruits of her labor, she saw over the horizon to a better world for all individual Indians.

Please note that any emails sent may be used on the official Settlement Website, www.IndianTrust.com, and that Class Counsel reserve the right to modify, alter, amend or delete any submissions, as appropriate, prior to posting.

Dear Indian Country

This is the seventeenth letter in a series of open letters that I’m sending to Indian Country. The purpose of this letter is to update you about the settlement.

On December 21, 2010, the district court granted preliminary approval for the settlement and approved the plan to provide notice to the class. “Notice” is how members of a class are informed about their rights and obligations when a class action case settles. This is a necessary first step that must be taken before funds may be sent to class members in a case that has settled.

The judge’s preliminary approval order establishes a number of important deadlines. The notice period starts on January 20, 2011. This is the date that the long form notice will commence to be sent to all class members with valid addresses that are maintained by the Department of the Interior and an extensive media campaign will start. Notices will be published in newspapers and magazines and they will be aired on television and radio in Indian Country and in other areas of the country where many class members live. We will also begin an extensive series of meetings around Indian Country to explain the settlement and answer your questions.

If you do not receive a long form notice in the mail, you can request that one be sent to you by going to this website or by calling this toll-free number:

The judge also has said that if you wish to opt-out of, or object to, the settlement, you should do so by April 20, 2011. Instructions on how to opt-out or object will be included in the long form notice.

Finally, if you wish to appear at the fairness hearing and explain your objections personally to the Court, you should review the long form notice for instructions on how to do so. The judge has scheduled the fairness hearing for June 20, 2011. Any of the dates discussed above may change as ordered by the Court.

Prior Ask Elouise letters can be found on the settlement website: http://cobellsettlement.com/class/ask_elouise.php. We also have a "frequently asked questions" section which includes the most common questions we've received as well as questions and answers from prior Ask Elouise letters: http://cobellsettlement.com/press/faq.php. With so many members of the class, I can't answer every question that you send.

The most common question I receive every week relates to whether a particular person is included in this settlement. Unfortunately, I do not have that information. The settlement agreement provides general guidelines (see also http://cobellsettlement.com/press/faq.php), but I also understand that many of you have unique or unusual circumstances, which make it unclear to me whether you are included in the settlement class. 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.

If you are not currently receiving an IIM statement from the government, please remember to register for correspondence over the Internet or by calling the number below.

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.

Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877

Thank you and keep your questions coming!

Best wishes

Elouise Cobell
Browning, Montana

Dear Indian Country

This is the sixteenth letter in a series of open letters that I’m sending to Indian Country. The purpose of this letter is to update you about the settlement.

As I stated in my last Ask Elouise letter of November 22, 2010, the Senate passed the Cobell Settlement as part of the Claims Resolution Act of 2010. Since that time, I and our Representatives have been advocating for the successful passage of our settlement to members of the House and their staffs. While never free from doubt, the House passed the implementing legislation on two separate occasions this year, so we have been optimistic that passage could happen before the close of this Congress.

On Tuesday, November 30, 2010, the House took up consideration of the Claims Resolution Act, and subsequently passed the legislation. The bill now awaits the President’s signature to become law.

I am extending my personal appreciation to every Member (and his or her staff) of the United States House of Representatives who voted for our legislation. Special thanks go to: Speaker Nancy Pelosi (CA); Majority Leader Steny Hoyer (MD); Natural Resources Committee Chairman Nick Rahall (WV), Co-Chair of the Native American Caucus Dale Kildee (MI), Co-Chair of the Native American Caucus Tom Cole (OK), Appropriations Committee Chairman David Obey (WI) and Ways and Means Committee Chairman Sander Levin (MI).

It is my understanding that the President plans to sign the legislation into law sometime next week. Upon signing, enactment will be complete. Thereafter, we expect the judge to consider whether to grant preliminary approval of the settlement. If he preliminarily determines that the settlement is generally fair, you will be sent notice in the coming months about the terms of settlement. This notice will describe your rights and obligations under the settlement. You should take care to read all notices carefully. In the next Ask Elouise letter, I will describe this process in more detail.

Prior Ask Elouise letters can be found on the settlement website: http://cobellsettlement.com/class/ask_elouise.php. We also have a "frequently asked questions" section which includes the most common questions we've received as well as questions and answers from prior Ask Elouise letters: http://cobellsettlement.com/press/faq.php. With so many members of the class, I can't answer every question that you send.

The most common question I receive every week relates to whether a particular person is included in this settlement. Unfortunately, I do not have that information. The settlement agreement provides general guidelines (see also http://cobellsettlement.com/press/faq.php), but I also understand that many of you have unique or unusual circumstances, which make it unclear to me whether you are included in the settlement class. 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.

If you are not currently receiving an IIM statement from the government, please remember to register for correspondence over the Internet or by calling the number below.

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.

Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877

Thank you and keep your questions coming!

Best wishes

Elouise Cobell
Browning, Montana

Dear Indian Country

This is the fifteenth letter in a series of open letters that I’m sending to Indian Country. The purpose of this letter is to update you about the settlement.

Since my last Ask Elouise letter (September 30, 2010), I and our representatives have been frequently meeting with both Republican and Democratic Members of Congress and their staffs. We have been advocating on behalf of our settlement legislation and its importance to over 500,000 individual Indians. The Senate has been a particularly difficult hurdle, having stripped us off of numerous pieces of legislation on multiple occasions for unrelated political reasons.

However, after almost 12 months of working with the Senate, it is with great pleasure that I can share good news with you – on Friday, November 19, the Senate unanimously passed legislation authorizing our settlement. The settlement was revised by the Senate to increase the distribution fund by $100 million and ensure that the neediest members of the class are treated fairly. One hundred Senators voiced their support and voted to pass legislation that will approve this landmark settlement. It is not possible to overstate this unprecedented vote of approval in the Senate. In an era of political gridlock and acrimony, and less than a month following one of the most contentious and difficult elections in recent memory, our settlement enjoys the unanimous support of the Senate. I’d like to extend my personal appreciation to each member of the United States Senate and their staffs, but especially to Majority Leader Harry Reid of Nevada, Senate Indian Affairs Chairman Bryon Dorgan of North Dakota, Senate Indian Affairs Vice Chairman John Barrasso of Wyoming, Sen. Max Baucus of Montana, Minority Whip Jon Kyl of Arizona, Sen. Jon Tester of Montana, and Sen. Chuck Grassley of Iowa.

But, our work is not done.

Our settlement legislation must be passed by the House to be enacted. This is no sure thing for reasons that I mentioned above. We must be vigorous and redouble our efforts in the closing days of this Congress. If legislation is not passed by the close of this Congress, the Senate approval will be nullified and the settlement agreement will terminate. There is no hope of passage in the next Congress that begins in January. We need everyone to call or write his or her representatives before Congress returns from Thanksgiving recess on November 29 and urge them to pass the Cobell legislation before the end of this Congress. You may find contact information for your representative by clicking here:

https://writerep.house.gov/writerep/welcome.shtml

Be sure to state in your email:

Please support and vote yes for the Cobell settlement legislation contained in HR 4783 (as passed by the Senate), the Claims Resolution Act of 2010.

Thank you, in advance. Every communication with your representative is important and let Congress know Indian Country will be heard!

Prior Ask Elouise letters can be found on the settlement website: http://cobellsettlement.com/class/ask_elouise.php. We also have a "frequently asked questions" section which includes the most common questions we've received as well as questions and answers from prior Ask Elouise letters: http://cobellsettlement.com/press/faq.php. With so many members of the class, I can't answer every question that you send.

The most common question I receive every week relates to whether a particular person is included in this settlement. Unfortunately, I do not have that information. The settlement agreement provides general guidelines (see also http://cobellsettlement.com/press/faq.php), but I also understand that many of you have unique or unusual circumstances, which make it unclear to me whether you are included in the settlement class. 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.

If you are not currently receiving an IIM statement from the government, please remember to register for correspondence over the Internet or by calling the number below.

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.

Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877

Thank you and keep your questions coming!

Best wishes

Elouise Cobell
Browning, Montana

Dear Indian Country

This is the fourteenth letter in a series of open letters that I’m sending to Indian Country. The purpose of this letter is to update you about the settlement.

Since my last Ask Elouise letter (August 10, 2010), I have been monitoring the Senate and our representatives have been meeting frequently with Members of Congress and their staffs, both Republican and Democratic, to assess our chances of passage and address concerns raised by some Members. An important part of our efforts included a series of discussions with Senate Indian Affairs Committee staff about concerns raised by Senator Barrasso, which resulted in improvements to the settlement including an additional $100 million to be distributed to low-recovery class members (transferred from funds in the land consolidation fund); additional protection for class members regarding the safety and soundness of the bank holding the settlement funds; and consultation with Indian Country regarding the Secretary’s appointments to the scholarship fund and the identification of fractional interests to be purchased by the land consolidation fund.

With these modifications, I don’t know of any Member who opposes our settlement. It was my belief that such widespread acceptance would lead to passage of legislation authorizing our settlement to go forward. Unfortunately, this was not the case and, once again, we were unsuccessful in getting legislation passed before the Congressional session ended.

The reason our settlement was not passed is singular: The Government has decided that Cobell must be linked to a political settlement between black farmers and the U.S. Government, known as the Pigford II settlement. Pigford I was filed in 1997 as a racial discrimination case against the Department of Agriculture. Pigford II is intended to make up for notice and distribution mistakes in Pigford I and to provide funds for new payouts.

Members of Congress have expressed concern about the Pigford settlement, with some alleging “massive and widespread fraud.” Some Republicans charge that upwards of 75% of all claims are infected.

Since our case has been linked to Pigford by the administration, we have struggled mightily to get through Congress, but the Pigford problem appears insurmountable after over seven months of effort and dedication from all involved. At this late date, with mid-term elections looming, it is unclear whether Pigford’s representatives will be able to convince members of Congress of the fairness of their cause. It is clear that the opposition to Pigford was again sufficient to torpedo our chances of passage this session.

Unfortunately, we are caught in the middle. We have more than broad support in Congress on the merits, but the administration and the Senate Majority Leader, Harry Reid, have refused, to date, to separate our settlement from the newest Pigford settlement. Under these circumstances, passage appears to be impossible. After all these months, it is clear that we can’t carry Pigford, too. As I mentioned in my last open letter, the settlement agreement had been extended through October 15, at which time a status conference will be held by the district court. Congress returns for a lame duck session (following mid-term elections) in mid November. Between now and October 15, I will consult with our attorneys and our champions in Congress to determine if (and how) our settlement legislation can be passed, as well as our options if we determine that there is no reasonable chance of passage.

Prior Ask Elouise letters can be found on the settlement website: http://cobellsettlement.com/class/ask_elouise.php. We also have a "frequently asked questions" section which includes the most common questions we've received as well as questions and answers from prior Ask Elouise letters: http://cobellsettlement.com/press/faq.php. With so many members of the class, I can't answer every question that you send.

The most common question I receive every week relates to whether a particular person is included in this settlement. Unfortunately, I do not have that information. The settlement agreement provides general guidelines (see also http://cobellsettlement.com/press/faq.php), but I also understand that many of you have unique or unusual circumstances, which make it unclear to me whether you are included in the settlement class. 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.

If you are not currently receiving an IIM statement from the government, please remember to register for correspondence over the Internet or by calling the number below.

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.

Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877

Thank you and keep your questions coming!

Best wishes

Elouise Cobell
Browning, Montana

Dear Indian Country

This is the thirteenth letter in a series of open letters that I’m sending to Indian Country. The purpose of this letter is to update you about the settlement.

Since my last Ask Elouise letter, I have been monitoring the Senate and its consideration of the supplemental bill funding the Iraq and Afghanistan wars to which we were attached by the House some time ago. Unfortunately, Senate leadership stripped our authorizing legislation from the war appropriations bill for political reasons unrelated to the merits of our settlement.

It is a difficult political environment on Capitol Hill, with a number of Members focused on reelection politics, not our much needed legislation. Our legislation efforts are complicated by record deficits, a weak national economy, and the requirement that $1.9 billion of our settlement be paid for through spending or revenue “off-sets.” This year, most legislation, excluding emergency spending legislation, has designated off-sets, but off-sets have become very controversial because each political party has its own views on the “acceptable off-sets.” Unfortunately, Congress has repeatedly taken our identified off-sets that were deemed widely acceptable to support other bills that were more important to Senate leadership and the Administration. And, unfortunately, the Administration has been unwilling to designate any of the billions of dollars of unspent economic stimulus funds to ensure passage of our settlement bill. This has forced us to start over repeatedly as our Congressional allies have to work even harder to identify other possible acceptable off-sets.

Throughout the rest of the session which ended August 5, I and our attorneys continued to work with our allies in the Senate to get attached to a bill that the Senate would pass. Before the Senate recessed, leadership brought our case to a vote through a procedure called “unanimous consent.” This simply means that the Senate could pass the bill so long as no Senator objects; if any Senator objects, the bill does not pass. This measure did not pass as a result of Senator Barrasso’s (R-WY) ongoing objection to the settlement. As I reported in an earlier Ask Elouise letter, Senator Barrasso hasn’t made a secret of his desire to kill the settlement, going against the will of the tribes in his own state and all but a handful of disgruntled critics.

It is becoming more likely that Congress will not pass settlement legislation. Indeed, it is unusual for any settlement or judgment to be conditioned on political acceptance by Congress. The Judgment Fund, a permanently appropriated fund, was created decades ago by Congress to pay for all settlements and judgments against the United States. It has two purposes: first, to exclude final judgments and settlements against the United States from the uncertainties of the political process and, second, to restore the reputation of the United States, which had become a “deadbeat” nation. Simply put, “politics” routinely blocked payment of the government’s debt obligations. Sadly, we seem to be heading that way again. Our settlement agreement was executed on December 7, 2009 – over eight months ago – and, I know of no reason to believe that our prospects will improve as we get closer to the mid-term elections. In fact, they are likely to get worse.

Nevertheless, after endless hearings and debates in Congress about our case and its settlement, we have gathered a massive amount of support from Members of Congress. I am informed that if we ever come to a vote in the Senate that we have sufficient votes to safely beat any filibuster. For this reason, I have carefully considered our options, consulted with scores of beneficiaries, listened to their concerns, and talked to our attorneys before making a decision to extend the agreement for what is likely to be the last time. I’m especially mindful of the fact that the vast majority of beneficiaries want this settlement to work because it is a fair deal. For these reasons, I’ve decided to extend the settlement agreement through October 15, 2010.

Prior Ask Elouise letters can be found on the settlement website: http://cobellsettlement.com/class/ask_elouise.php. We also have a "frequently asked questions" section which includes the most common questions we've received as well as questions and answers from prior Ask Elouise letters: http://cobellsettlement.com/press/faq.php. With so many members of the class, I can't answer every question that you send.

The most common question I receive every week relates to whether a particular person is included in this settlement. Unfortunately, I do not have that information. The settlement agreement provides general guidelines (see also http://cobellsettlement.com/press/faq.php), but I also understand that many of you have unique or unusual circumstances, which make it unclear to me whether you are included in the settlement class. 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.

If you are not currently receiving an IIM statement from the government, please remember to register for correspondence over the Internet or by calling the number below.

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.

Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877

Thank you and keep your questions coming!

Best wishes

Elouise Cobell
Browning, Montana

Dear Indian Country

This is the twelfth letter in a series of open letters that I'm sending to Indian Country. The purpose of this letter is to update you about the settlement and to answer your most relevant questions.

As I reported in the last letter, the House of Representatives voted to pass the "American Jobs and Closing Tax Loopholes Act of 2010" ("the Tax Extenders Bill") before the Memorial Day holiday which included a provision authorizing the Cobell settlement. Unfortunately, on June 30, 2010, I learned our settlement would not be considered in a new version of the Senate Tax Extenders Bill. The new version failed to pass and the Senate could possibly consider it again in July. There is still a chance that we may be re-attached to that Bill, but the future of the Tax Extenders Bill is uncertain.

Following the failure of the Senate to pass the Tax Extenders Bill, our allies in the House of Representatives rallied to include our settlement on the war supplemental bill funding the Iraq and Afghanistan wars then being considered. This bill was passed by the House on the evening of July 1, 2010. The Senate did not consider the bill and is now on recess until Monday, July 12, 2010. We are urging our allies in the Senate to pass the war supplemental with the Cobell settlement.

The parties agreed to extend the settlement until July 9, 2010, so yet another extension is required if we are to give the Senate a chance to pass legislation. I will consult our attorneys and allies on the Hill about that extension over the next few days.

In your last letter, you mentioned that Senator Barrasso (R - WY), Vice-Chairman, Senator Committee on Indian Affairs introduced an amendment that he says would "improve" the settlement agreement even though it would terminate the settlement, what is the status of his amendment? Thanks to your overwhelming support, Senator Barrasso was unable to bring his amendment to the floor for a vote. Your letters and calls to members of Congress had a significant impact on the outcome. Unfortunately, Senator Barrasso still doesn't understand, or doesn't care, that Indian Country overwhelmingly supports this settlement. According to statements reported in the press, he is more determined than ever to rob you of your victory in this case and it is likely that he again will attempt to introduce an amendment to terminate the settlement at some time in the future. We remain on guard against his efforts to further harm individual Indians.

You also mentioned that the National Congress of American Indians was considering a resolution supporting the Barrasso amendment, what is the status of that resolution? I attended the NCAI event in Rapid City, South Dakota beginning June 20, 2010. A small, rabid group of tribal representatives sought to support Senator Barrasso's amendment and, thereby, kill your settlement, but their effort was defeated soundly and NCAI passed a resolution urging Congress to reject the Barrasso amendment and pass authorizing legislation as soon as possible. It is important to remember that this class is made up solely of individual Indians trust beneficiaries; tribes have their own litigation (and, at times, the agenda of a few tribal leaders is inconsistent with individual Indians' interests), but they don't represent your interests in this litigation.

Will any Interior contractors with experience on Indian issues be selected to assist with the distribution of settlement proceeds or to hold the funds pending distribution? Absolutely not. This is a conflict of interest. To allow the same contractors, who have been peddling their services that fail to deliver promised benefits to Indian Country, to have any role in the distribution of settlement funds would be insane. For the first time in history, your funds will be held securely, managed prudently, and distributed competently by able and experienced professionals. I know of no Interior contractors that meet the highest fiduciary standards that you are owed.

Where can I review the amount of time the attorneys have spent on the litigation? Pursuant to an agreement between the parties, statements regarding counsels' billing rates and related records supporting daily time, expense and cost records will be filed with the Court and available to the public. This documentation will be filed no later than 30 days following preliminary approval of the settlement agreement by the Court. Preliminary approval by the Court cannot occur unless and until Congress authorizes the settlement.

Prior Ask Elouise letters can be found on the settlement website: http://cobellsettlement.com/class/ask_elouise.php. We also have a "frequently asked questions" section while includes the most common questions we've received as well as questions and answers from prior Ask Elouise letters: http://cobellsettlement.com/press/faq.php. With so many members of the class, I can't answer every question that you send. These Ask Elouise letters will answer as many questions as possible that are relevant to the entire class.

The most common question I receive every week relates to whether a particular person is included in this settlement. Unfortunately, I do not have that information. The settlement agreement provides general guidelines (see also http://cobellsettlement.com/press/faq.php), but I also understand that many of you have unique or unusual circumstances, which make it unclear to me whether you are included in the settlement class. 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.

If you are not currently receiving an IIM statement from the government, please remember to register for correspondence over the Internet or by calling the number below.

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.

Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877

Thank you and keep your questions coming!

Best wishes

Elouise Cobell
Browning, Montana

Dear Indian Country

This is the eleventh letter in a series of open letters that I'm sending to Indian Country. The purpose of this letter is to update you about the settlement and to let you know what you can do to help.

Before the Memorial Day holiday, the House of Representatives voted to pass the "American Jobs and Closing Tax Loopholes Act of 2010" which includes a provision authorizing the Cobell settlement. This is good news and we now await approval in the Senate. I hope that the Senate passes the bill before the July 4 recess, but there is a chance that might not happen.

Individual Indian trust beneficiaries have expressed their overwhelming support for this settlement. Not only does it put $1.5 billion into the hands of individual Indians in a relatively short period of time, but it promises to make another $1.9 billion available to individual Indians over the next ten years, preserve sacred Indian lands for future generations and create a fund for post-secondary education worth up to $60 million. This is the largest settlement/judgment against the United States since the founding of the Republic and we have a unique opportunity to right an historic injustice. For these reasons I intend to direct our attorneys to work with the government to extend the settlement agreement yet again so that justice may have a chance. However, every extension of time delays the distribution of our settlement funds. Enough is enough. Further, there are a few tribal leaders in Indian Country, some with misguided intentions, who want to terminate the settlement for their own personal purposes.

Senator Barrasso (R - WY), Vice-Chairman, Senator Committee on Indian Affairs, has introduced an amendment that he says would "improve" the settlement agreement. However, the agreement provides that the settlement terminates if there are any changes to its terms. Senator Barrasso knows this and he knows that adoption of his amendment would kill the settlement. Why? He is playing Washington politics because the dirty truth is that he would vote against the current Senate bill even if his amendment is adopted.

Tribal leaders should know better (and most do) than to support a new Senator from Wyoming who rarely, if ever, has supported Indians. Senator Barrasso has made an effort to gain support from certain leaders in Indian Country for his amendment. He argues that his amendment really does not make significant changes to the settlement. Of course, most tribal leaders and individual Indian trust beneficiaries are not buying it. Still, there are a few wrong-headed tribal leaders who support his plan to kill our agreement. If your tribal leaders are voting to change the settlement in any way, they are helping Senator Barrasso kill our settlement and they are depriving you of your money. They do not deserve your vote and should be voted out of office if they stand for re-election. Have your friends and family demand that their tribal representatives support our settlement.

Understanding who is with us and who is against us is important because the National Congress of American Indians says that it will consider a resolution that would help Senator Barrasso kill the Cobell settlement during its conference June 20-23, 2010. If you don't know whether your representative to NCAI is with you on Cobell, make sure you find out in advance. Any legislative changes to the settlement agreement will terminate the settlement.

Let me also stress that most tribal leaders support our settlement. I thank each of you for resisting the efforts of Senator Barrasso and his staff to undermine what we have achieved.

Will the Native American Bank hold the settlement funds or have any role in distribution? I am the Chair of Native American Bank and I have been asked whether Native American Bank would handle or otherwise be involved in the distribution of our settlement funds. The answer is no. The settlement agreement sets forth standards for selection of a federally insured depository institution that would hold and distribute the settlement funds. Only well capitalized commercial banks with trust powers are eligible for selection (and, the Native American Bank has no trust powers). Only banks with highly rated trust departments and proven experience and skill in the distribution of class action mega-settlements will be considered for this important task. We must be sure that prompt and accurate distributions are made by bankers who understand fully the nature and scope of their fiduciary duties to you. Anything less isn't good enough.

Does this settlement resolve any future claims? No. The settlement agreement resolves only covered claims through September 30, 2009. It does not resolve any claims that may accrue after September 30, 2009. A list of claims not covered by the settlement agreement (e.g., pre-September 30, 2009 claims that may be brought against the government) can be reviewed here and here. For a complete list of claims, you should consult the settlement agreement.

What does settlement of the Cobell case mean for the tribes and tribal trust cases? Tribes are not parties in our case and would receive no funds from our settlement. Nevertheless, they are beneficiaries of our settlement. We have over 80 published decisions and an encyclopedia of factual findings that have been established in Cobell regarding the government's trust duties, information technology security, and the destruction of trust records and information. Volumes have been written on the government's breaches of trust. This material provides a free roadmap to litigation success and it is readily available to tribes in connection with their trust litigation against the government if they decide to actually litigate their cases. On the other hand, I understand that most tribal cases have been dormant (while they have observed our litigation) and their attorneys would prefer a quick settlement so they don't need to spend the time and resources required to litigate effectively against the United States government. Nonetheless, such tribes and their attorneys are likely to be disappointed because it is also my understanding from conversations with senior Interior and Justice officials and certain tribal attorneys that there will be no settlement with any tribe if Cobell is not settled.

Finally, tribes will benefit directly from the $1.9 billion land consolidation program which would result in the largest restoration of land to Indian tribes in the history of the United States. It still amazes me that tribal leaders would oppose our multi-billion dollar settlement that so clearly benefits them and their members - even though they, themselves, didn't do anything to help us. However, this is not the first time in our history that some of our leaders have decided to sacrifice individual Indian interests for their political gain. I am working hard to see that they fail and urge you to do the same.

Prior Ask Elouise letters can be found on the settlement website:
http://cobellsettlement.com/class/ask_elouise.php. We also have a "frequently asked questions" section while includes the most common questions we've received as well as questions and answers from prior Ask Elouise letters: http://cobellsettlement.com/press/faq.php. With so many members of the class, I can't answer every question that you send. The Ask Elouise letters will answer as many questions as possible that are relevant to the entire class.

The most common question I receive every week relates to whether a particular person is included in this settlement. Unfortunately, I do not have that information. The settlement agreement provides general guidelines (see also http://cobellsettlement.com/press/faq.php), but I also understand that many of you have unique or unusual circumstances, which make it unclear to me whether you are included in the settlement class. 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.

If you are not currently receiving an IIM statement from the government, please remember to register for correspondence over the Internet or by calling the number below.

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.

Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877

Thank you and keep your questions coming!

Best wishes

Elouise Cobell
Browning, Montana

Dear Indian Country

This is the tenth 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 settlement website: http://cobellsettlement.com/class/ask_elouise.php. We also have a "frequently asked questions" section which includes the most common questions we've received as well as questions and answers from prior Ask Elouise letters: http://cobellsettlement.com/press/faq.php. With so many members of the class, I can't answer every question that you send. The Ask Elouise letters will answer as many questions as possible that are relevant to the entire class.

The most common question I receive every week relates to whether a particular person is included in this settlement. Unfortunately, I do not have that information. The settlement agreement provides general guidelines (see also http://cobellsettlement.com/press/faq.php), but I also understand that many of you have unique or unusual circumstances, which make it unclear to me whether you are included in the settlement class. 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.

The deadline for Congress to enact legislation has been extended by order of the district court to May 28, 2010 and many beneficiaries also have asked how they can contribute to a successful resolution of this case. I always have said that you need to call or write your Senators and Representatives in Congress to let them know how you feel about the settlement. We have now uploaded a form letter that you can update with your representatives' information and send to them. This form letter can be uploaded by clicking here. Contact information for your representatives can be located here. We need all the help we can get and your letters and calls to Congress are being heard. Thank you, in advance.

I heard that Senator Barrasso sent a letter to tribal leaders trying to kill the settlement, is this true? Yes. It is unfortunate that Senator Barrasso from Wyoming (Vice-Chairman of the Senate Committee on Indian Affairs) has come out against settlement of this long-running litigation which is of utmost concern to Indian Country. On April 27, 2010, Senator Barrasso sent a letter to all tribal leaders proposing to change the settlement agreement because he says that his changes would "improve the settlement." That is not true. The Senator and his staff know that their proposed changes are material and necessarily would kill the settlement that we have worked so hard to reach. What is particularly disappointing to me is that I sat down with Senator Barrasso in his office to discuss the terms of settlement. The only major issue he raised in our meeting was the reasonableness of the agreed-upon attorneys' fees, which I said are low because of the size of the recovery and the hard work done by our counsel. He looked me in the eye following my explanation and told me to my face that the settlement is OK with him. In fact, his attorney, who sat across from me, told him that the attorneys' fees are fair. Frankly, the attorneys' fees are very low - a maximum of 3% of our recovery - compared to the 25%-40% and more that attorneys typically are paid when they successfully sue bad doctors for medical malpractice. Think of the amount of time our lawyers have spent on this case (14 years) and the risk they took to achieve for you the largest settlement with the government in history.

So, what does this mean for the settlement? Nobody ever said working with Congress would be easy or that we would receive unanimous support, no matter how just our cause. I and our attorneys will continue to push Congress to do the right thing and pass legislation authorizing the settlement. It's difficult to predict what the impact of his letter might be. I hope that he will come to his senses and realize that this is the best deal possible for all parties at this point in time, but if he doesn't there will (hopefully) be a vote and he can have his counted. In the mean time, Senator Barrasso's letter underscores how important it is for all of you - including those of us who live in Wyoming - to write your representatives in Congress and urge them to pass legislation without further delay.

Do I have to fill out paperwork to be included in the settlement? You do not have to fill out paperwork if you are receiving a quarterly IIM account statement - the Court will order that communications be sent to you directly. However, if you think you might be included in the settlement and you are not receiving quarterly IIM account statements, you should make sure to register for all Court-ordered communications. By registering, you ensure that you will receive important information from the Court about your rights and obligations as a potential member of the class. If you are not receiving quarterly IIM account statements, it is possible that you will have to fill out some paperwork to be included in the settlement. This information will be included in the Court-ordered communications. Instructions for how to register are at the bottom of this and every Ask Elouise letter.

Is this a per-account payment or a per-person payment? The settlement will result in payments to individual Indian class members. Individuals will only receive one payment as a member of a class. That means you could receive one payment as a member of the historical account class and a second payment as a member of the trust administration class.

If you are not currently receiving an IIM statement from the government, please remember to register for correspondence over the Internet or by calling the number below.

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.

Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877

Thank you and keep your questions coming!

Best wishes

Elouise Cobell
Browning, Montana

April 19, 2010

Dear Indian Country

This is the ninth 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 settlement website: http://cobellsettlement.com/class/ask_elouise.php. We also have a "frequently asked questions" section which includes the most common questions we've received as well as questions and answers from prior Ask Elouise letters: 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 also http://cobellsettlement.com/press/faq.php), Ask Elouise letters), but I also understand that many of you have unique or unusual circumstances, which make it unclear to me whether you are included in the settlement class. 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.

Many beneficiaries also have asked how they can contribute to a successful resolution of this case. I always have said that you need to call or write your Senators and Representatives in Congress to let them know how you feel about the settlement. We have now uploaded a form letter that you can update with your representatives' information and send to them. This form letter can be accessed by clicking here: http://www.cobellsettlement.com/class/settlement.php. Contact information for your representatives can be located here: http://www.congress.org/congressorg/officials/congress/. We need all the help we can get and your letters and calls to Congress are being heard. Thank you, in advance.

How can I, or my children, participate in the Scholarship Fund? The procedures have not been determined. The first step is to choose a recipient organization following the Court's preliminary acceptance of the settlement agreement. The settlement agreement provides that plaintiffs identify 2 or 3 organizations that are capable of administering the scholarship fund. The Secretary of the Interior must select one of those organizations to administer the fund. You should also know that up to $60 million of the scholarships will be funded through the settlement agreement. This funding is tied to the Land Consolidation program, which must be completed within ten years. In other words, the Scholarship Fund may be not funded fully for ten years, if it is funded at all.

I know the government has breached its trust responsibility because I've lived with it every day, does this settlement mean that I can now trust the government to manage my land and money? Absolutely not. Prudent trust management is dependent on, among other things, effective systems, complete and accurate records, and competent staff. Today, they don't exist. As a result, the government remains in breach of trust duties that it owes you as a matter of law. Never again should individual Indian trust beneficiaries blindly hope that the government and its delegates and agents manage their money or land. Make sure that you and your children hold government officials fully accountable and demand that they manage your assets prudently and solely in your best interests, not theirs. If this case has stood for anything, it is that you are entitled to know exactly what the government has done with your land and your money. Demand that information and make sure that government officials discharge their duties to you.

So, if the systems and information are not fixed, why did you settle? This was perhaps the most difficult decision I've had to make in this case. Nobody is claiming that the broken trust management systems are fixed or that tomorrow the IIM Trust will be managed prudently. That can't happen without the appointment of a receiver. I've fought for almost 15 years to fix the trust, but I'm keenly aware that there are limits to what courts currently are willing to do. As a general matter, a court can't spend money on better trust systems and won't order the government to fire incompetent officials and hire 5 or 500 or 5,000 competent employees with trust experience. And, today, courts are unable to order unethical government officials to act ethically; much less, force incompetent employees to become competent. Judges aren't magicians. I settled because the oldest members of our class are dying every day and they are entitled to a measure of justice after waiting 15 years, and longer. This settlement is not perfect but it is an important first step. I am encouraged that Interior Secretary Ken Salazar says that he takes trust reform seriously, as evidenced by Secretarial Order 3292 that establishes a commission on Indian trust administration and reform. We'll judge him on what that commission actually accomplishes.

If you are not currently receiving an IIM statement from the government, please remember to register for correspondence over the Internet or by calling the number below.

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.

Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877

Thank you and keep your questions coming!

Best wishes

Elouise Cobell
Browning, Montana

April 12, 2010

Dear Indian Country

This is the eighth 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 settlement website: http://cobellsettlement.com/class/ask_elouise.php. 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.

Prior to answering your questions, I wanted to share updated information I received from the government about how much you might receive as part of this settlement. On March 15, 2010 I transmitted an Ask Elouise letter answering the following question: "How much will I receive as a member of the trust administration class?" I've included the revised answer, below:

How much will I receive as a member of the trust administration class? It depends on how much income you've collected into your IIM account. As noted above, each member of the class will receive a baseline payment of $500. Individuals with an IIM account open between 1985 and September 30, 2009 may receive more than $500. This trust administration class payment is separate from, and in addition to, the $1,000 payment to individuals in the historical accounting class and that you can be a member of both classes if you meet the criteria (see prior Ask Elouise letters).

• If your Assigned Value is between .01¢ and $5,000, you will receive between $500 and $1,500.


• If your Assigned Value is between $5,000 and $15,000, you will receive between $1,500 and $5,000.


• If your Assigned Value is between $15,000 and $30,000, you will receive between $5,000 and $7,500.


• If your Assigned Value is between $30,000 and $75,000, you will receive between $7,500 and $15,000.


• If your Assigned Value is between $75,000 and $750,000, you will receive between $15,000 and $150,000.

Individuals with an Assigned Value greater than $750,000 will receive more than $150,000.

I heard that the Court ordered another extension to the settlement agreement; what is going on with the settlement? We still await Congressional approval of the settlement. The District Court met with both parties on Thursday, April 8, 2010. A transcript can be downloaded here: http://cobellsettlement.com/docs/Settlement_status_hearing.pdf. The Court expressed frustration that Congress has not acted on this settlement which is good for individuals Indians and Indian Country as a whole. It also authorized an extension of the settlement agreement for an additional six weeks, until the start of the Memorial Day recess. The Court also noted that if Congress does not act by the middle of May, it will hold a public hearing and invite the Secretary of the Interior, the Director of Office Management and Budget, and appropriate members of Congress to explain why the settlement has not been authorized by Congress. I continue to be disappointed and frustrated that Congress has not passed legislation at this late date. The settlement is fragile and it will terminate if legislation is not passed. I and our attorneys continue to push for legislation, but we now are analyzing our options in Court in the event settlement continues to be thwarted.

I have multiple IIM accounts across different regions, do I receive multiple checks under the settlement agreement? Members of the historical accounting class and/or the trust administration class will receive one payment for membership in each class. This means, for instance, that an individual with five accounts could receive a maximum of two payments: one for his or her membership in the historical accounting class and one for his or her membership in the trust administration class. If an individual has multiple accounts and is a member of the trust administration class, the calculation is as follows: The Assigned Value is calculated on an account by account basis with each of the calculations added together to derive a collective Assigned Value for that individual. In this way, all recorded activity across an individual's multiple accounts is considered.

I've registered on the website, but I've received no communications from anybody about the settlement, what does registration do for me? If you are not currently receiving an IIM account statement from the government, the most important thing you can do is to register on the website or by calling the toll free number (see below). The purpose of registering your contact information is so that the Court may order that Court-ordered communications be sent to you. These Court-ordered communications will likely include important information about the settlement and your rights and obligations under the agreement. Please be aware that you will not necessarily receive any information until legislation is passed by Congress. You don't have to register if you don't want to, but I'm recommending that everybody register to ensure they receive important Court-ordered information.

If you are not currently receiving an IIM statement from the government, please remember to register for correspondence over the Internet or by calling the number below.

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.

Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877

Thank you and keep your questions coming!

Best wishes

Elouise Cobell
Browning, Montana

April 6, 2010

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 settlement website:http://cobellsettlement.com/class/ask_elouise.php. 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 $1.9 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 $1.9 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.

My mother passed away before September 30, 2009, but her estate has not been through probate, can she still participate in the settlement? Yes. As a general matter, you must be living on September 30, 2009 in order to be included in the classes settled by this agreement. That means that the claims of deceased beneficiaries are not compromised by this settlement. Nonetheless, the settlement agreement provides that if your ancestor's estate is suspended in probate as of September 30, 2009, then his or her IIM account would receive the proceeds from this settlement. This exception is included in the agreement because of the probate backlog at Interior.

I read your last Ask Elouise letter that "The Osage Tribe intervened in the Cobell litigation and asked the Court to exclude many of its members from the litigation" and I understand that the Osage tribe now disputes that intervention. What is the real deal? The truth is that the Osage tribe intervened in the Cobell case, asserting that: "At all times before the distribution [of Osage royalties], the funds are held on behalf of the Osage tribe. Statute specifies that royalties are collected for the tribe, the royalties are owned by the tribe . . . ." However, both the U.S. Supreme Court and Congress recognize that the royalties are property of individual Osage Indians. In plain English, the Osage tribe and its lawyers now insist - after 14 years of Cobell litigation - that proceeds of the mineral estate have become property of the Osage tribe until and unless they are distributed to individual Osage trust beneficiaries. As a result, many individual Indian Osage trust beneficiaries are excluded from the Cobell class and may not participate in the settlement.

If you are not currently receiving an IIM statement from the government, please remember to register for correspondence over the Internet or by calling the number below.

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.

Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877

Thank you and keep your questions coming!

Best wishes

Elouise Cobell
Browning, Montana

March 24, 2010

Dear Indian Country

This is the sixth 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 settlement website:http://cobellsettlement.com/class/ask_elouise.php. 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.

Once I register, how long before I receive communications about this lawsuit? It depends on when the settlement is approved by Congress. Right now, it is not clear that Congress will pass legislation authorizing the settlement. If Congress passes the legislation, we expect the Court to approve all communications to class members. Such communications would be sent to the addresses on file.

How can I help support the settlement? If you are supportive of the settlement, I encourage all class members to write or call their representatives in Congress and urge them to pass legislation authorizing the settlement. We are at a critical juncture and further delay will likely terminate the settlement. Now is the time to act.

When are your next meetings in Indian Country? Our litigation team will be traveling through parts of Montana, Idaho and Wyoming. If you are able to attend, our team would be happy to answer any questions you may have. Please note that some of these dates and times are tentative - check back frequently to make sure you have the correct information.

Check the settlement website for the most recent meeting schedule. http://cobellsettlement.com/class/local_outreach.php It is not always possible to include the next meeting location in the Ask Elouise letters, so continue to check the website for the latest information on dates, times and locations.

I heard that Osage tribal members are not included in the settlement, is this true? This is incorrect. Osage tribal members are included in the settlement to the extent that income was deposited into an Osage member's IIM account, or to the extent that an Osage tribal member owns trust land. If an Osage tribal member's headright income had never been deposited into an IIM account, he or she would not be included in this settlement unless he or she otherwise owned trust or restricted land. The Osage Tribe intervened in our litigation and asked the Court to exclude many of its members from the litigation. The Court accommodated the tribe. If an Osage tribal member had income deposited into an IIM account, they would participate like any other IIM accountholder in this settlement.

How can I participate in the Land Consolidation program? The government has not yet developed the program. Participation and other details, including valuation of your lands and timing, have not yet been determined. The settlement agreement provides that this is a voluntary program and that you are to be offered fair market value for your land. If you don't believe the offer is fair, don't sell your land.

I own trust land, but I sold it before September 30, 2009 and I don't have an IIM account, can I participate in this settlement? No. The settlement agreement provides that if you never had an IIM account, then you must have owned your trust land on September 30, 2009 in order to participate. If you sold or gift deeded your land before September 30, 2009, you will not be eligible to participate in the settlement (unless you had an open IIM account). However, if you sold or gift deeded your land after September 30, 2009, you may still participate.

If you are not currently receiving an IIM statement from the government, please remember to register for correspondence over the Internet or by calling the number below.

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.

Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877

Thank you and keep your questions coming!

Best wishes

Elouise Cobell
Browning, Montana

March 15, 2010

Dear Indian Country

This is the fifth letter in a series of open letters I'm sending to Indian Country to answer questions that you have asked me about settlement of the Cobell class action lawsuit. Prior Ask Elouise letters can be found on the settlement website: http://cobellsettlement.com/class/ask_elouise.php. 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.

When are your next meetings in Indian Country? Our litigation team will be traveling through parts of Arizona and New Mexico this week. If you are able to attend, our team would be happy to answer any questions you may have.

Future trips are planned for the week beginning March 22 in the Pacific Northwest. Check the settlement website for the most recent meeting schedule. http://cobellsettlement.com/class/local_outreach.php

I've heard that two classes are resolved by the settlement agreement, what does that mean? A class action lawsuit is a group of people with similar claims that collectively bring an action in court. In this case, two classes of people will have their claims resolved by the settlement agreement. The first is an historical accounting class that includes individuals living on September 30, 2009 who had an IIM account open at any time between October 25, 1994 and September 30, 2009 and had money credited to it. Each individual in the historical accounting class will receive $1,000 instead of, and in the alternative to, the required historical accounting, which the U.S. Court of Appeals described in June 2009 as only an accounting of low hanging fruit.

The second class in the settlement is the trust administration class. This class includes individual Indians who own trust land as of September 30, 2009 or who have or had an IIM account at any point in time between 1985 and September 30, 2009. This second class will receive an additional payment of at least $500.

I heard that my settlement check will not be taxable, is this true? That is correct. We negotiated with the government to include a provision in the legislation and settlement agreement that provides that all settlement proceeds are not considered taxable income by the Internal Revenue Service. If you have a tax preparer or other tax professional you should make sure to inform them of this important settlement benefit. You may want to refer them specifically to the legislation when it is passed and page 42 of the settlement agreement, if they have any questions. A copy of the settlement agreement can be downloaded here: http://cobellsettlement.com/docs/sa_1_19_11.pdf.

How much will I receive as a member of the trust administration class? It depends on how much income you've collected into your IIM account. As noted above, each member of the class will receive a baseline payment of $500. Individuals with an IIM account open between 1985 and September 30, 2009 may receive more than $500. This trust administration class payment is separate from, and in addition to, the $1,000 payment to individuals in the historical accounting class and that you can be a member of both classes if you meet the criteria (see above).

The calculation uses an average of the 10 highest years of revenue (deposits) in your IIM account - this is called your Assigned Value. That would determine your share of the trust administration fund, which is tentatively estimated to be between $850 million and $900 million. The following calculations are estimates based on information provided by the government - your final trust administration payment can be more or less.

• If your Assigned Value is between .01¢ and $5,000, you will receive between $500 and $1,000.
• If your Assigned Value is between $5,000 and $15,000, you will receive between $1,000 and $2,500.
• If your Assigned Value is between $15,000 and $30,000, you will receive between $2,500 and $5,000.
• If your Assigned Value is between $30,000 and $75,000, you will receive between $5,000 and $10,000.
• If your Assigned Value is between $75,000 and $750,000, you will receive between $10,000 and $100,000.

Individuals with an Assigned Value greater than $750,000 will receive more than $100,000.

If you are not currently receiving an IIM statement from the government, please remember to register for correspondence over the Internet or by calling the number below.

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.

Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877

Thank you and keep your questions coming!

Best wishes

Elouise Cobell
Browning, Montana

March 8, 2010

Dear Indian Country

This is the fourth letter in a series of open letters I'm sending to Indian Country to answer questions that you have asked me about settlement of the Cobell class action lawsuit. Prior Ask Elouise letters can be found on the settlement website: http://cobellsettlement.com/class/ask_elouise.php. 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.

When will you be meeting with Indian Country? I am beginning to schedule meetings in Indian Country with our attorney team now. I won't be able to attend each meeting, but I will do my best to attend as many as my schedule permits. I attended our first meetings on the Pine Ridge and Rosebud Indian Reservations on March 7th and 8th. Tomorrow (March 9th) our attorneys will be at the Eagle Butte, SD - High School Auditorium from 10:30am to 2:30pm and at Sitting Bull College in Fort Yates, ND (Science & Technology Center Lecture Room) from 5:00pm to 8:00pm. The travel schedule for March 10th and 11th is:

You can visit http://cobellsettlement.com/class/local_outreach.php for additional details and future dates and locations. I'll also update our travel schedule in future Ask Elouise letters. More dates will be added soon, including Nebraska reservations, and Arizona and New Mexico reservations beginning March 15.

Why have you not traveled to Indian Country before now? During the course of negotiations, the government resisted allocating any funds for outreach to Indian Country prior to the passage of legislation, despite our strong feelings that it was important to meet with Indian Country to explain the settlement. The government instead assured us that legislation would be passed a few weeks after we signed the settlement agreement on December 7, 2009, and that outreach to Indian Country would take place under the normal notice process in class action lawsuits, which would include extensive travel to Indian Country. Unfortunately, legislation was not passed (and has still not been passed) and the need to meet with Indian Country is stronger than ever. As you know, traveling to many areas of Indian Country is expensive and time consuming, but it is critical, and I can no longer wait for legislation.

I heard that my settlement check will not be taxable, is this true? That is correct. We negotiated with the government to include a provision in the legislation and settlement agreement that provides that all settlement proceeds are not considered taxable income by the Internal Revenue Service. If you have a tax preparer or other tax professional you should make sure to inform them of this important settlement benefit. You may want to refer them specifically to the legislation when it is passed and page 42 of the settlement agreement, if they have any questions. A copy of the settlement agreement can be downloaded here: http://cobellsettlement.com/docs/sa_1_19_11.pdf.

I receive federal assistance and I am concerned that receiving a settlement check will affect my eligibility or benefits, what should I do? You don't have to do anything. The legislation negotiated by the parties provides that the settlement proceeds received will not be treated as income in the month received or as a resource for a period of one year after you receive your check. Congress is currently considering this legislation.

How much will I receive as part of this settlement? While it is not possible to precisely calculate how much any particular individual will receive as part of this settlement, I have asked the government to provide a rough approximation of what each individual may receive as a member of the trust administration class. In my next Ask Elouise letter I intend to provide an estimate of the amount you may receive if you are in the trust administration class.

In your last Ask Elouise letter you indicated that I could remain in the trust administration class and still sue the government for claims related to leases that were active on September 30, 2009, is there any limitation? Yes, there is a limitation. To the extent the government is acting in any capacity other than as a trustee, you may bring a lawsuit against the government for leases active on September 30, 2009. That means, for example, if the Department of Energy or Department of Agriculture or Department of Defense are leasing or trespassing on your land as of September 30, 2009, you may bring a lawsuit against the government and still participate as a class member in the trust administration class. Moreover, your fiduciary related claims are also preserved where the lease in question predates September 30, 2009, but the injury occurs after September 30, 2009. For a complete list of claims you may bring against the government and continue to remain in the trust administration class, please see pages 44 and 45 of the settlement agreement.
http://cobellsettlement.com/docs/sa_1_19_11.pdf.

If you are not currently receiving an IIM statement from the government, please remember to register for correspondence over the Internet or by calling the number below.

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.

Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877

Thank you and keep your questions coming!

Best wishes

Elouise Cobell
Browning, Montana

March 1, 2010

Dear Indian Country

This is the third letter in a series of open letters I'm sending to Indian Country to answer questions that you have asked me about settlement of the Cobell class action lawsuit. Prior Ask Elouise letters can be found on the settlement website: http://cobellsettlement.com/class/ask_elouise.php. 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.

Why are resource mismanagement claims included in the proposed settlement and how were they valued as part of the $1.5 billion amount of the settlement? The settlement agreement covers claims that have been part of the Cobell case since it was filed on June 10, 1996, as well as other resource management claims that will be included in an amended complaint. Cobell has always demanded the correction and restatement of accounts and the restitution of profits unlawfully taken from individual Indian trust beneficiaries as a result of the government's breaches of trust. Importantly, resource mismanagement claims necessarily are included in the accounting claim to ensure a full and complete accounting of the IIM Trust and the effective enforcement of plaintiffs' vested and constitutionally protected property rights.

Individual class members may opt out of the settlement to pursue individual damages claims arising out of the government's mismanagement of his or her natural resources. So while resource mismanagement claims are included in the proposed settlement, each class member has the right to decide whether his or her resource mismanagement claims should be resolved through the settlement.

Resource mismanagement claims are included for two principal reasons. First, the government insisted that resource mismanagement claims be included in the settlement. Otherwise, the government would not settle the case. The government stated that it is essential to "turn the page" so that it could build a better relationship with Indian Country, which it felt could only be achieved through what it says is a "global peace."

Second, I and class counsel concluded that it is fair to include such claims so long as class members may elect to opt out of that portion of the settlement. Thus, if a class member wants to litigate his or her own resource mismanagement claims, that may be done readily and without compromise. But, because it is very expensive and highly unlikely that many beneficiaries have the financial resources to bring their own damages claims, the settlement allows class members who do not opt out of the settlement to be compensated fairly. For an overwhelming number of beneficiaries, settlement of historical damages claims for additional compensation not only is a good option, it is the only way many could be compensated for the harm done to them by the government. The opt-out provision provides each class member fair and meaningful options.

The settlement value of historical resource mismanagement accounting claims was negotiated by the parties. The total amount represents a fair resolution for plaintiffs' accounting, restitution, and damages claims, considering the risks associated with indefinite litigation, including the absence of any time limit to reach final judgment in the case, the mortality rate of class members, and our understanding of the current litigation environment.

Who represented these claim-holders' interests during the settlement negotiations? I and class counsel represented all class members during the settlement negotiations. In the fairness hearing, the district court, in accordance with due process principles, would determine whether the amount negotiated is fair and whether the class representatives and counsel have adequately represented the class as a whole. After almost fifteen years of intense litigation over the government's mismanagement of individual Indian trust assets, I and class counsel have the most significant, relevant and practical experience with stated claims of the class. But, you need not rely solely on our judgment in that regard because such matters are determined independently and in accordance with governing law by the presiding U.S. District Judge.

How will the new class be identified? There are two classes resolved by the settlement agreement: the historical accounting class and the trust administration class. Government records, to the extent available, will be used to identify members of the trust administration class. But we know that the government's records do not identify or locate all members of the trust administration class. Accordingly, after ratifying legislation is passed, the parties, under the U.S. District Judge's supervision, will conduct an extensive notice process to notify individual Indians of their rights and obligations under the settlement agreement. The notice process will also provide detailed information to Indian Country about the terms of settlement.

The settlement agreement also provides that class members may "self-identify" and apply for inclusion in the trust administration class. A contractor that is working with the parties will analyze all documentation provided by each such potential class member and, under the supervision of the United States District Court, will determine whether that person is a class member.

Is it fair and reasonable to disallow opt-outs from the historical accounting settlement when an historical accounting may be necessary for an individual who opts out of the trust administration class to pursue a resource mismanagement claim? Yes. Any class member who opts out of the settlement will retain the right to what is called an "accounting in aid of judgment," which is a procedural tool used in the U.S. Court of Federal Claims to help beneficiaries value their damage claims. The settlement agreement explicitly preserves the right of any class member who opts out of the trust administration class to "an accounting in aid of judgment."

An additional important point must be noted. An individual may remain in the trust administration class, get paid in full, and still pursue the following claims against the government and third parties: breaches of trust arising after September 30, 2009; certain environmental damages; claims against contractors or other third parties; claims for correction of boundary or appraisal errors (and, for damages after September 30, 2009); water rights; health and mortality claims; and claims arising from leases active on September 30, 2009.

I heard that the Settlement Agreement expired on February 28, 2010. Does this mean that the settlement agreement has terminated? No, the settlement agreement has not been terminated. The parties have agreed to extend the settlement through April 16, 2010. In my conversations with government officials, I have been assured that legislation will be passed within that period of time. I remain hopeful that legislation will be passed, but share your concerns that we continue to extend the time period with nothing to show for it. At this point, we must provide our allies time to advance the legislation.

If you are not currently receiving an IIM statement from the government, please remember to register for correspondence over the Internet or by calling the number below.

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.

Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877

Thank you and keep your questions coming!

Best wishes

Elouise Cobell
Browning, Montana

February 22, 2010

Dear Indian Country

This is the second in a series of open letters I'm sending to Indian Country to answer your very important questions about the settlement of the Cobell class action lawsuit. Prior Ask Elouise letters can be found on the settlement website: http://cobellsettlement.com/class/ask_elouise.php. We also have a "frequently asked questions" section to answer many of 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.

Why must the settlement approval process occur so quickly? Time is of the essence. If settlement is not approved in the short term, there is a very real possibility the settlement will fail and the parties will return to active litigation. First, Congress must ratify the settlement agreement before the Court can act to preliminarily approve it. In this election year, further delay will create a more challenging political environment for enactment of the necessary implementing legislation. Congress is a body made up of diverse and varied views and not all have an interest in a successful resolution of this case. Further delay will increase the likelihood that our allies on Capitol Hill focus their attention on other matters. Secondly, the Supreme Court has granted an extension of the time for the parties to submit briefing in connection with its review of the Court of Appeals decision that limits the accounting duty to "low hanging fruit." It is unlikely that further extensions will be granted by the Supreme Court and further court activity is likely to kill the settlement.

Shouldn't you and the attorneys be traveling more to Indian Country to explain the settlement? We have spent some time traveling around Indian Country to discuss the settlement, answer your questions and listen to your concerns, but not enough. The problem with traveling around Indian Country to explain the settlement is that it has not received preliminary approval by the Court. What this means is that there is a chance that the Court or Congress could decide to alter or modify the settlement and any information we might share with Indian Country could change, requiring that we make the same trips twice - we can't afford to be wasteful with our limited resources. In addition, any changes to the settlement agreement by the Court or Congress may result in the settlement being abandoned by either party. Once the settlement has received preliminary approval from the Court, we will undertake an extensive notice process, including travel to Indian Country, to notify class members of the settlement and educate you about your rights and obligations under the agreement.

How will I know if I'm included in the settlement? You will be included in the settlement if you had an IIM account open at anytime between approximately 1985 and September 30, 2009, or you had an individual interest in land held in trust or restricted status by the U.S. government as of September 30, 2009. Certain heirs to deceased class members may be included, as well. I recognize that many individuals have particular circumstances that might make it unclear whether they are included. A process for individuals to self-identify and apply for inclusion in the class will be developed if the settlement is approved. At this stage, the most important thing you can do is to register to ensure that we have a valid address to send you important information. If you are not receiving a quarterly IIM statement, then there is a chance that the government does not have a current address for you and you should register.

How do I register to receive settlement communications? You can register over the phone or Internet.

How did we get from plaintiffs' calculation of almost $40 billion a few years ago to $1.5 billion today? The $1.5 billion settlement fund for the accounting claims was the product of negotiations between the parties and is, in my estimation, a fair resolution for plaintiffs' accounting, restitution and damages claims after considering the risk associated with further litigation, the refusal of the Court of Appeals to order the government to provide a full accounting of all funds, and the absence of any time limit for final judgment in this case. It has long been plaintiffs' position that more than that is due. But what matters is what is recoverable in Court. The litigation could continue another decade or more with no assurance that we will prevail on the merits. Other factors could not be quantified, including the deaths of tens of thousands of beneficiaries since the filing of this case. Those class members will never see the resolution of this case and the prospect of another ten years of litigation means that thousands more will be denied their rights too. It is important to also consider that the district court limited the award following the 2008 trial to only $455.6 million for plaintiffs' accounting claims - significantly less than the almost $40 billion plaintiffs had requested.

As I indicated in my last Ask Elouise letter, in future letters I'll answer questions about how much you can expect to receive if the settlement is finally approved as well as questions related to the damages class included in the settlement agreement.

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.

Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877

Thank you for your commitment and patience during this long and difficult process.

Best wishes

Elouise Cobell
Browning, Montana

February 16, 2010

Dear Indian Country

As many of you know, on December 7, 2009, we signed a settlement agreement with the government which marked the first step toward resolving the long running Cobell class action lawsuit. Since that time, I've been asked hundreds of questions about the case and the settlement agreement. I can't answer every question in one letter, but I am committed to writing an open Ask Elouise letter every week answering many of your important questions. If you have a question, send an e-mail to: askelouise@cobellsettlement.com, or send a letter to:

Ask Elouise
Cobell Settlement
PO Box 9577
Dublin, OH 43017-4877

When will I receive my funds? It depends on when Congress passes legislation implementing the settlement and it is finally approved by the courts. The settlement agreement provides that the first payments should begin shortly after final approval and will continue for at least six months pursuant to Court order. I know many of you are concerned that it may take years to receive your share. That isn't true. We have designed a formula to ensure that won't occur.

When will the settlement be finally approved? After legislation is passed, the district court will schedule a hearing to consider the settlement and decide whether to grant Preliminary Approval of the settlement. At that point, there will be a 2 - 3 month period where notice will be provided to class members after which a "Fairness Hearing" will be held so that the Court can hear any objections to the settlement. If the judge deems the settlement fair, then he will issue an order of "Final Approval." The court of appeals may then consider any appeal from class members. If there is no appeal, payments should begin sixty days following Final Approval. If the court of appeals accepts an appeal, payments could be substantially delayed.

When will Congress pass legislation approving the settlement? I don't know when Congress will pass legislation. The parties agreed to extend the settlement agreement to February 28, 2010. I'm hopeful that legislation will be passed by then, but it might not happen. If it does not happen, I'll consult with our attorneys about our options.

How much will the attorneys be paid? The Court will determine attorneys' fees, but the attorneys have signed a separate agreement with the government agreeing to not ask for more than $99.9 million. This is less than 3% of the settlement funds - a very low percentage for attorneys in class action lawsuits. Consider that attorneys representing tribes under Indian Claims Commission Act generally received 10% as mandated by statute and attorneys involved in suits related to Enron received 9.5% (almost $700 million). Many medical malpractice attorneys receive over 30%; and, the tobacco attorneys received billions of dollars and very few did more than file a complaint in order to immediately negotiate a settlement. Most cases don't even involve discovery, let alone go to trial, but our attorneys have prosecuted seven major trials in this case, litigated countless appeals, filed thousands of papers and reviewed tens of millions of pages of discovery without receiving due compensation for their services. I fully support the fee application. It is in fact unusually low for attorneys involved in complex, heavily litigated class action lawsuits. Frankly, I am concerned that if the legal fees for our attorneys are unreasonably low that will discourage competent lawyers from future representation of Native Americans in class action litigation against the government. It is also important to recognize that members of the class will have an opportunity to inform the Judge if they oppose the fee award.

How much will the named plaintiffs receive? The Court will also determine amounts to be paid to the named plaintiffs for their time and costs, also called "incentive payments." This case was funded in large measure by the Blackfeet Reservation Development Fund ("BRDF"), a grass roots community development organization which assists Indian communities understand their trust assets. I have also given a significant amount of money to the case out of my personal funds. Funds were used to pay for experts, class communications and costs related to the prosecution of this case. During settlement negotiations, we estimated that these costs were in the range of $15 million. To date, very few of BRDF's costs have been reimbursed and I have never been reimbursed for funds that I've contributed to the prosecution of this case. No tribe has ever given money for this case.

In future Ask Elouise letters, I'll answer questions about how much you can expect to receive if the settlement is finally approved as well as questions related to the damages class included in the settlement agreement. Thank you for your commitment and patience during this long and difficult process.

Best wishes

Elouise