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| Cobell Settlement Act of 2010 | |
|---|---|
| Name | Cobell Settlement Act of 2010 |
| Enacted by | 111th United States Congress |
| Effective date | 2010 |
| Public law | Public Law |
| Introduced in | United States Senate |
| Sponsor | Byron Dorgan |
| Related legislation | Indian Trust Asset Reform Act |
Cobell Settlement Act of 2010 The Cobell Settlement Act of 2010 resolved long-running litigation over the management of Individual Indian Money accounts and created programs for payments, reform, and land consolidation involving the Department of the Interior, the Bureau of Indian Affairs, and a class of plaintiffs represented in Cobell v. Salazar. The Act established a settlement fund, authorized appropriations for trust reform, and created mechanisms for Indian land consolidation and education scholarships administered through federal agencies and tribal institutions such as the Bureau of Indian Education and tribal colleges like Navajo Technical University.
Litigation arose from historical accounting practices under treaties and statutes such as the Indian Appropriations Act and policies implemented by administrators including officials in the Office of the Solicitor (Department of the Interior), overseen historically by Secretaries like Alaska-connected figures and others. Claimants included individual account holders from numerous tribes such as the Blackfeet Nation, Cherokee Nation, Navajo Nation, Pueblo of Laguna, and Standing Rock Sioux Tribe, alleging mismanagement dating to administrations spanning the administrations of presidents from Herbert Hoover through Barack Obama. The dispute implicated fiduciary duties traced to precedents like decisions of the United States Court of Appeals for the District of Columbia Circuit and remedies considered by the United States Supreme Court in related trust-accounting litigation.
The class action, filed by lead plaintiff Elouise Cobell and counsel from firms connected to civil rights advocates and litigators experienced in Indian law, named federal defendants including the United States Secretary of the Interior and later Ken Salazar as respondent in the case styled Cobell v. Salazar. The litigation traversed district courts and appellate review involving judges from the United States District Court for the District of Columbia and citations to cases from circuits such as the United States Court of Appeals for the Ninth Circuit. The class asserted claims under fiduciary law and statutory duties established by laws like the Indian Trust Fund Management Reform Act and engaged amici including the National Congress of American Indians, Native American Rights Fund, and tribal governments such as Choctaw Nation of Oklahoma.
The Act authorized payments to class members, established an Indian Trust Asset Consolidation Program administered by the Secretary of the Interior, and created a historical accounting and trust reform component involving oversight by entities akin to the Government Accountability Office and the Office of Management and Budget. It allocated funds for a scholarship program benefiting students attending institutions such as Haskell Indian Nations University and the University of New Mexico School of Law programs focused on Indian law, and authorized land buy-back provisions affecting allotments held by members of tribes including Hopland Band of Pomo Indians and Sisseton Wahpeton Oyate. It established timelines and governance structures requiring coordination with entities like the Department of Justice and tribal governments such as the Tulalip Tribes.
Implementation entailed creation of claims administration systems, distribution of monetary awards, and transfer of land interests through mechanisms involving the Bureau of Indian Affairs and trust officers. Payments were dispersed to millions of individual account holders and heirs, with implementation overseen by court-appointed administrators and auditors including firms and agencies with histories of engagement with federal Indian programs such as the Office of the Special Trustee for American Indians. Distribution also required coordination with tribal registries maintained by nations like the Chickasaw Nation and enrollment rolls used by tribes such as the Pueblo of Zuni.
Post-enactment litigation involved appeals and challenges brought by parties including tribal governments, private litigants, and governmental entities contesting aspects of distribution, certification of class membership, and interpretation of statutory terms; these matters reached appellate courts including the United States Court of Appeals for the Tenth Circuit and the United States Court of Appeals for the D.C. Circuit. Challenges also implicated statutory construction debated before judges with records in Indian law, and administrative reviews involving agencies like the Department of the Interior and the Department of the Treasury over implementation details and oversight.
The settlement and implementing legislation prompted reforms in trust accounting practices, staffing, and information systems within agencies such as the Bureau of Indian Affairs and the Office of the Special Trustee for American Indians, influencing policy discussions in forums including hearings before the United States Senate Committee on Indian Affairs and advocacy by organizations like the National Congress of American Indians. It spurred investments in land consolidation projects affecting reservations and allotments associated with tribes like the Puyallup Tribe of Indians and Confederated Salish and Kootenai Tribes, and supported scholarship initiatives increasing enrollments at institutions such as Sinte Gleska University.
Critics including tribal leaders, activist groups, and some legal scholars argued that the settlement framework, administration, and distribution mechanisms limited accountability and failed to fully remedy historical harms. Debates involved constitutional claims, concerns raised in reports by the Government Accountability Office and legal commentary published in outlets such as law reviews at Harvard Law School and University of California, Berkeley School of Law. Controversies also emerged over valuation methods, the role of intermediaries, and the sufficiency of institutional reforms involving agencies like the Department of the Interior and advocacy organizations such as the Native American Rights Fund.
Category:United States federal legislation Category:Native American law