Behind the scenes of the Cobell Opt Out

I can tell you opting out is on the mouths of more than a few Indians. The phone lines and emails are flying between Indians in D.C., South Dakota, Idaho, Montana and Washington. The main problem with opting out is that most lawyers are representing the Tribes. Anyone else is hesitant to take a case on a "contingency basis."

What is obvious to all the INDIVIDUAL Tribal Landowners is that the Cobell Settlement Lawyers did not adequately represent almost the entire great plains region or the Pacific Northwest where landowners lease their land, and where many got Direct Pay from their farmers for YEARS. Not a lot of our money went through IIM accounts. The Cobell Settlement seems to ignore the fact the 25 CFR part 162 has always allowed Native Landowners to receive direct pay from their farmer-operators. It short-changes generations of landowners under the payment schedule worked into the Cobell Settlement where payment is made based on an amount of money that passed through each individual IIM account.

The Elouise Cobell Settlement team did not represent any Direct Pay Native Landowner. Their pay should be commensurate with their level of incompetence and fall well short of 200 million dollars.

Somebody should whisper this in Congressman Doc Hastings ear at the Subcommittee on Indian and Alaska Indian Affairs meeting on Tuesday.