Issues Affecting American Indians in Tennessee
This message board is provided as a public service for the specific purpose of sharing and discussing any and all issues that directly or indirectly pertain to Native American Indians living in Tennessee.
This board does not represent or speak for any organization.

American Indians in Tennessee government volunteer service
TN Archaeological Advisory Council
mandated 3 Native American representatives
  • Michael Lynch, West Tennessee (2008-12)
         member, Choctaw Nation of Oklahoma
  • Pat Cummins, Middle Tennessee (2004-08)
         descendant, Cherokee
  • Mark Cantrell, Middle Tennessee (2010-14)
         unknown tribal affiliation
  •   TN Historical Commission
    mandated inclusion of person/s
    of Native American ancestry

  • Brent A. Cox (2008-2012)
    444 Cades Atwood Road
    Milan, Tennessee 38358

  •   Official Disclaimer and Notice
    Board Owner reserves the right to edit or delete any post deemed inappropriate.   |   Material appearing here is distributed without profit or monetary gain to those who have expressed an interest in receiving the material for research and educational purposes, in accordance with Title 17 USC §107.  |  Board Owner assumes no responsibility for the content of posts or for any actions resulting from posts made by anyone who chooses to use this public message board. The opinions expressed on this message board do not necessarily reflect the opinions of the message board owner or any visitors.  |  All posts and wording therein belong to the Original Author. Get permission from the Original Author before "lifting" their post for use elsewhere. It's the respectful (ie, native) way.  |  The original board was begun 8 October 2002. This board was created 28 October 2008.
    TN Commission of Indian Affairs
    Website of the (defunct) TCIA * History of the 1st & 2nd TNCIA

    Greene (CNO) v. TCIA   filed 30 June 2010
    Commission terminated     30 June 2010

    Issues Affecting American Indians in Tennessee

    Issues Affecting American Indians in Tennessee
    Start a New Topic 
    Cobell v. Salazar: Ask Elouise week of February 21, 2010

    Subject: Cobell v. Salazar: Ask Elouise week of February 21, 2010
    Date: Monday, February 22, 2010, 6:46 PM

    Ask Elouise
    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://cobellsettle elouise.php. We also have a "frequently asked questions" section to answer many of the most common questions we´ve received. 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.

    Internet: https://cert. iim/register. php
    Telephone: 1-800-961-6109
    How did we get from plaintiffs´ calculation of almost $40 billion a few years ago to $1.4 billion today? The $1.4 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@cobellse ttlement. 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

    Re: Cobell v. Salazar: Ask Elouise week of February 21, 2010

    Thanks for this. I wasn't real clear on the descendant of a deceased claimant. This info helps alot.

    TN & American Indian Related Links
  • Tennessee Legislature
  • Tennessee Executive Branch
  • Federal Government Links
  • TN Attorney General
  • TnCIA official website

  • Native American Indian Association of Tennessee (NAIA)
    Advisory Council on Tennessee Indian Affairs (ACTIA)
    Alliance for Native American Indian Rights (ANAIR)
    Tennessee Native American Convention (TNNAC)
    Tennessee Trail of Tears Association (TnTOTA)
    Tn Commission of Indian Affairs (Unofficial)
    Chattanooga InterTribal Association (CITA)
    InterTribal Sacred Land Trust (ITSLT)
    The Forum
    Tanasi Journal
    Native Nashville
    TN Indian Affairs Blog
    Chikamaka History Timeline
    Mundo Hispano/Hispanic World
    Tennessee Ancient Sites Conservancy
    Indian Burial & Sacred Grounds Watch

    National Native News Links
    Indian Country News
    Indian Country
    Wotanging Ikche/
    Native American News
    Aboriginal/First Nations/Native
    News in Canada
    Mohawk Nation News - Daily News from the Mohawk Nation Native News
    Native American Times,
    the nation's largest
    independent Indian
    news source
    On The Wings
    of Eagles

    NativeNews Online
    Native news,
    Views and Legends

    Health Needs / Job Seeker Links
    Partnership for
    Prescription Assistance
    CMATS - TN Dept of Labor
    & Workforce Development
    Manpower Inc.
    Locate Your KELLY Office

    One Feather Books Poison's Icons Badge

    345058 Visitors to Original Board

    Each individual post and its content are the sole responsibility of its Author.