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Cobell Trust Land Consolidation Program Regional Tribal Consultation

Cobell Trust Land Consolidation Program Regional Tribal Consultation. Background on the Cobell Settlement. The Cobell settlement was approved by Congress on November 30, 2010 (“Claims Resolution Act of 2010”) and signed by President Obama on December 8, 2010 .

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Cobell Trust Land Consolidation Program Regional Tribal Consultation

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  1. Cobell Trust Land Consolidation ProgramRegional Tribal Consultation

  2. Background on the Cobell Settlement The Cobell settlement was approved by Congress on November 30, 2010 (“Claims Resolution Act of 2010”) and signed by President Obama on December 8, 2010. The $3.4 billion Cobell Settlement includes two major components: A fund of $1.5 billion for class members to compensate them for their historical accounting, trust fund and asset mismanagement claims.  A $1.9 billion fund for the voluntary buy-back and consolidation of fractionated land interests.

  3. Total amount for Land Consolidation Component of Settlement • $1.9 Billion fund for the voluntary buy-back and consolidation of fractionated land interests • Up to 15%, or $285 million, can be used for administrative costs • As an additional incentive for land consolidation, up to $60 million, will be set aside to provide scholarships for higher education for American Indians and Alaska Natives • $1.615 Billion for land purchase and scholarship fund (up to $60 million)

  4. Trust Land Consolidation Fund Provisions of the Cobell Settlement • Cobell’s Land Consolidation Program funds can be used for only specified purposes: • Acquiring fractional interests in trust or restricted lands, including administrative costs relating to such acquisitions. (Can not be used for the purchase of fee-lands). • For every land sale, a portion of the sale will be set aside in a Scholarship fund for Native American and Alaska Native students (up to a cap of $60 million) • Costs associated with supporting the work of the Secretarial Commission on Trust Reform.

  5. Background on the Cobell Settlement • Status of the Settlement: • On December 21, 2010, U.S. Senior District Judge Thomas F. Hogan granted preliminary approval of the Cobell Settlement. • On June 20, 2011, Judge Hogan approved the settlement after holding an extended hearing on the subject. • On August 4, 2011, Judge Hogan entered final approval, triggering the 60 day appeals window. • The settlement becomes “final” and funds become available for disbursement after any appeal from Judge Hogan’s approval has been resolved.

  6. Land Consolidation Timeline • The Settlement sets out a 10-year time frame for use of the funds. • This time frame begins once all appeals are resolved. This time frame has not begun. • According to the Settlement, after 10-years, any unused funds return to Treasury. We anticipate using all funds.

  7. Key Features of the Land Consolidation Program The Cobell settlement’s land consolidation program tracks existing statutory authority that is set forth in Indian Land Consolidation Act (ILCA). The purpose of the ILCA and the Cobell Land Consolidation Program is described in the law as follows: “To acquire as many fractionated interests as economically feasible and to consolidate these land interests into Tribal ownership to promote and enhance Tribal self-determination, economic, social and cultural development needs.”

  8. Government-to-Government Consultations:How to Best Implement the CobellLand Consolidation Program • The internal Cobell implementation team has identified several potential guiding principles for moving forward with the Cobell Land Consolidation Program. • We seek input on these potential guiding principles, and any other issues identified by tribal governments.

  9. Potential Guiding Principles for the Cobell Land Consolidation Program POTENTIAL APPROACH: PROGRAM SHOULD SERVE MULTIPLE GOALS GOAL 1: REDUCE LAND FRACTIONATION IN HIGHLY FRACTIONATED AREAS GOAL 2: IMPLEMENT A PLAN THAT IS TIME AND COST EFFICIENT GOAL 3: CONSOLIDATE LAND IN AREAS OF TRIBAL PREFERENCE (TO BE DETERMINED THROUGH TRIBAL CONSULTATION)

  10. GOAL 1: REDUCE LAND FRACTIONATION IN HIGHLY FRACTIONATED AREAS • Strategy 1: Prioritize Highly Fractionated Lands • Strategy 2: Target Individual Indian Money (IIM) Account Owners • Strategy 3: Target Landowners Having the Most Number of Purchasable Interests • Strategy 4: Target Landowners Having the Most Number of Tracts

  11. GOAL 2: IMPLEMENT A PLAN THAT IS TIME AND COST EFFICIENT • Strategy 5: Target Lands Requiring Minimal Prep Work Prior to Offers Being Made • Strategy 6: Target Tracts Which Have Landowner Consent • Strategy 7: Target Tracts with Largest Interest Per Owner

  12. GOAL 3: CONSOLIDATE LAND IN AREAS OF TRIBAL PREFERENCE (TO BE DETERMINED THROUGH TRIBAL CONSULTATION) • Strategy 8: Target Tracts Identified by the Tribes • Strategy 9: Target Tracts with Economic Opportunity for Tribes

  13. Next Steps • Incorporate Tribal input through government-to-government consultations • Develop Cobell Land Consolidation Program implementation plan • Conduct outreach and additional consultations • Proceed with implementation

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