WASHINGTON – Sen. John Tester seems to be experiencing the same feeling of frustration that many Native Americans across the country are feeling over the continued delays of the distribution of the second Cobell settlement payments.

In a hearing last week held by the Senate Indian Affairs Committee, Garden City Group’s Chief Operating Officer, Jennifer Keough, testified for the first time on Cobell. Garden City group is the Administrator of the Cobell lawsuit and is responsible for the distribution of payments to individual Cobell plaintiffs.

During the Hearing Sen. Tester expressed concern over the sheer length of time that has passed without the second payment being distributed.

“Four years after the Settlement was first agreed upon, and twenty months after final approval by the Courts, these payments have not gone out,” said Sen. Tester.

Garden City Group would respond that they are waiting for final approval from a judge to distribute the payments.

“We expect to be ready to issue all remaining payments owed to the class members expeditiously once the payment amounts are finally resolved by the parties and approved by Judge Hogan, as required by the terms of the Settlement.”

In May, Judge Thomas F. Hogan approved a motion, with the blessing of the Obama administration, that allows the Garden City Group, to distribute the Trust Administration Class payment as soon as possible. However, language in a letter to a stakeholder, from the Garden City group just prior to the ruling indicated that payments could be delayed until as late as December. The judicial fix from Judge Hogan, although meant to rectify the delay, seems to have had no immediate effect.

The payments have been delayed by appeals filed by those who feel they should be part of the settlement. The ruling created a way for those appeals to play themselves out while necessary actions required to get payments out to those already waiting are allowed to continue.
 
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