In this Dec. 17, 2009, photo, Elouise Cobell, right, looks on as Deputy Secretary of the Interior David Hayes testifies during a Senate Indian Affairs Committee hearing in Washington, D.C. Native Americans who sued the federal government over lost royalties have been waiting nearly 15 years for the $3.4 billion settlement Congress passed in November. EVAN VUCCI/AP PHOTO

Indian Trust Settlement deadline approaches

BY STAFF REPORTS
03/30/2011 07:45 AM
WASHINGTON – A court-ordered process of notifying individual Indians of their legal rights in the historic $3.4 billion class action settlement, Cobell v. Salazar, is coming to a close.

The settlement resolves claims related to Individual Indian Money accounts and interests in land held in trust or restricted fee by the federal government for the benefit of individual Indians.

Class members throughout the country have received detailed information about their legal rights and options via U.S. mail and through an extensive media campaign, which included Native American print media, television and radio ads and online advertising.

Class members who received a formal notice in the mail about the settlement and who are receiving IIM account statements do not have to do anything to receive payment. Individuals who believe they should be part of the settlement but did not receive a notice in the mail or are not receiving IIM account statements need to fill out a claim form as soon as possible, available at the Indian Trust website www.IndianTrust.com or by calling toll-free 1-800-961-6109.

Class members who wish to keep their rights to sue the federal government over mismanagement claims covered by the settlement must exclude themselves from the settlement by April 20. Class members can also submit written comments or objections about any settlement terms that concern them by April 20.

The settlement provides a $1.5 billion fund to compensate an estimated 500,000 affected individual Indian trust beneficiaries who have or had IIM accounts or hold an interest in trust or restricted land. It creates two classes of members eligible to receive money from the fund – the Historical Accounting and the Trust Administration classes.

The Historical Accounting Class comprises individual Indians who were alive on Sept. 30, 2009, who had an open IIM account anytime between Oct. 25, 1994 and Sept. 30, 2009, and whose account had at least one cash transaction.

The Trust Administration Class comprises individual Indians alive on Sept. 30, 2009, who had an IIM account at any time from 1985 through Sept. 30, 2009, recorded in currently available electronic data in federal government systems, as well as individual Indians who, as of Sept. 30, 2009, had a recorded or demonstrable interest in land held in trust or restricted status.

The estates of deceased class members will also receive a settlement distribution if the deceased beneficiary’s account was open as of Sept. 30, 2009, or their land interest was open in probate as of that date. Other eligibility conditions and requirements for each class are detailed in the settlement agreement.

Under the settlement agreement, $1.9 billion will fund a Department of the Interior program to buy fractionated interests in trust or restricted land from willing sellers to benefit tribal communities and aid in land consolidation. Depending on the level of participation in the land consolidation program, up to $60 million will be set aside to provide scholarships for higher education for American Indian and Alaska Native youth.

The website and toll-free number are available to provide more information about the settlement and the legal rights of class members. Individuals who are unsure whether they are included in the settlement should visit the website or call for more information.

News

BY ASSOCIATED PRESS
01/19/2017 04:00 PM
ALBUQUERQUE, N.M. (AP) — An Oklahoma-based American Indian tribe is accusing the National Indian Gaming Commission of shirking a federal court order to reconsider an earlier decision that prohibited the tribe from conducting gambling on its land in southern New Mexico. Attorneys for the Fort Sill Apache filed a motion Tuesday, calling for the commission to be held in contempt. A previous order required the commission to reconsider its 2015 decision as part of a settlement process after receiving an opinion from the U.S. Interior Department on the tribe's eligibility to conduct gaming at Akela Flats, New Mexico. The commission notified the tribe last week there were no grounds for reconsideration. The commission did not immediately return a call seeking comment. Fort Sill Chairman Jeff Haozous says the commission is violating the tribe's right to a speedy resolution of the gaming dispute.
BY ASSOCIATED PRESS
01/19/2017 10:00 AM
SHAWNEE, Okla. (AP) — A Shawnee casino security guard who shot himself after fatally shooting a fellow officer has died. The Oklahoman reports 28-year-old Justin Wells entered the Grand Casino on Jan. 10, shot and killed 22-year-old Matt Palmer and then turned the gun on himself. An online obituary says Wells was hospitalized and died Wednesday. FBI spokesman Terry Weber says that Wells had not yet been arrested. The agency is handling the case because the casino sits on trust land for the Citizen Potawatomi Nation, which also owns and operates the casino. Potawatomi spokeswoman Jennifer Bell says Palmer and Wells were both security guards at the casino, who are not allowed to carry guns. Bell declined to comment on the shooting. The tribe says Palmer was hired in August, and Wells in 2012.
BY WILL CHAVEZ
Assistant Editor – @cp_wchavez
01/18/2017 04:15 PM
GROVE, Okla. – Cherokee Nation, Cherokee Nation Businesses and Grove officials on Jan. 17 dedicated the Cherokee Casino Grove with a ribbon-cutting and grand opening. The tribe’s 10th casino is expected to bring 175 jobs to northern Delaware County. Principal Chief Bill John Baker said the jobs means employees would be able to take advantage of health insurance, retirement plans and other benefits to better their lives. He added that the casino would also bring more sales tax revenue to Grove. Most importantly, he said, the casino means there would be more funding to provide health care in northeastern Oklahoma. “You don’t have to drive very far to the south to see where we took $100 million dollars and used part of it to build a new clinic in Jay, Oklahoma. So each and every one of these employees that work here can come to work each and every day knowing they are making the lives of their parents, their grandparents and their children better because these dollars...go back into services, scholarships for our kids, builds houses for our people and provides better health care,” he said. The facility offers 400 electronic games, a full-service bar, live music venue, dance floor and restaurant serving lunch and dinner. The rustic, lodge-style venue features an outdoor patio and event space for hosting private and community events. CNB CEO Shawn Slaton told casino employees the fruits of their labor are helping Cherokee people. Along with thanking CNB employees, he thanked Grove’s leaders, Delaware County officials, CN administration officials, Tribal Councilors, CNB management and the construction company for their efforts in helping finish the casino in eight months. “We always had our eye on Grove. We felt with the lake here and the population that comes in the summer it was a good area to take a look at. We did our market surveys and market studies and that supported the decision to go forward with an investment in a property like this,” Slaton said. “We worked on this quite a while and finally made it happen. We’re happy to be here, and we hope that this is just the start for what we do with this facility.” He acknowledged the casino does have “a lot of competition” from area tribal casinos, but he expects people from Missouri and Arkansas to frequent the casino. “The one thing we have that they (competition) don’t is the lake right next door, and we know Grove blossoms in the spring and summer and the early fall, and we’re positioned well to take part in that,” Slaton said. The Red Stone Construction Company started work on the 39,000-square-foot casino in March and finished in December. The casino is located near Highway 59 and E. 250 Road, northwest of Grove. “It’s beautiful. Eight months ago...we were here looking to the future to see what this was going to be, and now here it is. What’s more exciting is what we have to look forward to in 10 years or five years or three years,” said Grove Mayor Marty Follis. “I can’t wait for them to knock out a wall in this place and start expanding. We’ve got a big future ahead of us.” Follis said the casino coupled with the popular 64-mile long Grand Lake o' the Cherokees about 200 yards from the casino should be a winning combination. “It’s a great advantage that we have. We are super excited. It’s a great partnership between the city and the Cherokee Nation,” Follis said. Based on what happened in Rogers County when the tribe expanded the Hard Rock Hotel & Casino, the intersection of Hwy. 59 and E. 250 Road in Grove is bound to see tremendous growth, Tribal Councilor Harley Buzzard said. Buzzard, whose district includes Grove, said he is glad casino profits would go toward health care and other services and that the facility created jobs. “We just recently opened a clinic in Jay (about 10 miles south of Grove), which brought over 100 jobs to Jay, so Delaware County is on the move,” he said.
BY STAFF REPORTS
01/18/2017 04:00 PM
TAHLEQUAH, Okla. – More than 30 members of “The Association of Mary,” a Brazilian Christian organization, visited the Cherokee Nation on Jan. 3 to offer prayers for unity and peace in 2017. The group held a cultural and informational exchange with tribal officials. A representative from the association said prayers are offered daily for Indigenous populations in North and South America. Secretary of State Chuck Hoskin Jr. addressed the group and thanked them for traveling to learn firsthand about issues facing tribal citizens in America, including the protection of natural resources. “Now more than ever we should embrace an opportunity to bond with people of goodwill all over the world, people who are praying for our wellness and success,” Hoskin said. “They traveled thousands of miles to learn more about Indian issues, history and spirituality. Seeing this global support reinforces just how important and powerful unity can be.”
BY TRAVIS SNELL
Assistant Editor – @cp_tsnell
01/18/2017 01:15 PM
OKLAHOMA CITY – On Jan. 17, Cherokee Nation citizen and Dist. 86 Rep. Will Fourkiller refused to appear before the House of Representative’s committee that is investigating him and another state representative for sexual harassment claims. The Stilwell native said he would only speak to the Special Investigation Committee if the proceeding was open to the public. According to reports, the committee has been hearing from witnesses in only closed sessions. “Though uncertain of the precise allegation, I am certain I have nothing to hide,” Fourkiller told Rep. Josh Cockroft, R-Wanette, in a letter. Cockroft chairs the committee. “A confidential, closed-door proceeding does not provide the equitable forum to repair my character and reputation.” Fourkiller is under investigation for a sexual complaint lodged against him in April 2015 by a female high school page. “That was the extent of what I was told,” Fourkiller said on Jan. 17 of his 2015 meeting with a House attorney and an employee of the House chief clerk. “The page was not identified and I did not inquire. I denied anything improper but immediately shied away from my normal interaction and role with the page program for that week out of an abundance of caution.” According to the program, high schools students from the state server as pages for a week during regular legislative sessions and do interact with legislators. Fourkiller on Jan. 11 said he was made aware in 2015 that a page had indicated he had said something that made her uncomfortable and he had apologized. “I do not know what I did or said, but whatever it was I certainly didn’t mean to do it, and I apologized,” he said. He added that the 2015 incident is the only one that he was made aware of by House staff. The House has declined to release the complaint, citing personnel reasons. Cockroft on Jan. 17 defended the investigation and said making the committee meetings public would discourage wronged employees from coming forward. “The sole reason for holding these meetings in private is to protect the confidential information of victims and unelected witnesses — not to protect lawmakers,” he said. “In order to have a workplace where employees feel protected and valued, it is vital that we guard the privacy of those who make claims of harassment and discrimination.” Cockroft said the committee would make its findings public and that it could recommend the House take disciplinary action against a member, including up to expulsion. According to reports six Republicans and three Democrats comprise the committee. However, Democrats – Rep. David Perryman, Rep. Steve Kouplen and Rep. Meloyde Blancett – have refused to be involved because of the committee’s secrecy rules. The committee was formed in response to public outrage over a settlement paid to a fired legislative assistant who had accused Rep. Dan Kirby, R-Tulsa, of sexual harassment. The former assistant, Hollie Anne Bishop, complained the House fired her in November 2015 in retaliation for reporting Kirby had sexually harassed her. Former House Speaker Jeff Hickman approved the $44,500 settlement of her wrongful termination claim shortly before he left office. Officials said there was no financial settlement in the complaint against Fourkiller. Fourkiller said he and his family were leaning on God through the ordeal. “We have not lost faith. In fact, it is growing stronger. We know that God is good and at the end of all this there is something great waiting for us.” Fourkiller was first elected to the Dist. 86 seat in 2011. He was re-elected in 2013 and 2015. He also ran for principal chief of the CN in 2015, finishing third at 10.58 percent with 2,040 votes.
BY JAMI MURPHY
Senior Reporter – @cp_jmurphy
01/16/2017 10:00 AM
TAHLEQUAH, Okla. – The Cherokee Nation’s Election Commission continues to prepare for the 2017 Tribal Council elections with less than a month before people begin filing for candidacy. At the commission’s Jan. 10 meeting, records showed that 40 people had picked up or requested candidate packets from the commission. According to records, three people who picked up packets but do not intend to file are Lisa Trice, who got a packet for education purposes; Commissioner Martha Calico, who got one for reference; and Cherokee Phoenix Senior Reporter Jami Murphy, who got a packet for the news organization. The candidacy filing period is scheduled for Feb. 6-9. At the Jan. 10 meeting, EC Administrator Brooke Tillison reported that there were 66,433 CN citizens registered to vote, which is more than 200 less than the previous month after removing voters who had died but were still registered. Also during the meeting, Commissioner Carolyn Allen asked to be recognized and requested to speak on her own behalf. “There were some comments that were made last month in the December meeting that I consider to be a direct attack on my character. And I thought long and hard about how to address this issue, but I have chosen and I’m going to take the high road on this issue,” Allen said. At the December meeting, Commissioner Teresa Hart read a statement regarding her motion to accept new resumes for the fifth commissioner’s spot that is in holdover after the expiration of Allen’s term. At that meeting, Hart said “we need to vote whether to cast a vote to keep seat No. 5 as is or move to open it up for replacement.” She also read a statement regarding Allen and her actions while on the commission. <a href="http://cnmediav1.cherokee.org/vod/Phoenix/News/2017/vid_170111_CNECregMtg_rjg_wc.mp4" target="_blank">Click here to watch</a>the January meeting <a href="http://cnmediav1.cherokee.org/vod/Phoenix/News/2016/vid_161213_CNECregularMeeting_rjg_wc.mp4" target="_blank">Click here to watch</a>the December meeting.