The Cobell settlement, approved on November 24, 2011, provides for a $1.9 billion Trust Land Consolidation Fund (Fund). The Settlement charges the U.S. Department of the Interior with the responsibility to use the Fund within a 10-year period to acquire individual Indian land interest at fair market value as defined in the Indian Land Consolidation Act (ILCA). The overall goal of the Cobell Land Buy Back Program is to reduce the number of highly fractional interests through individually-owned Indian land conveyances to tribes.

This is just my opinion, but the present Cobell Land Buy Back Program is very flawed. I have said this from the beginning. The Land Buy Back Program was approved in November 2011. As of today, no highly fractionated interest has been acquired and the shelf life of the usage of the funds is allocated for only 10 years from the November 24, 2011 approval date of the Cobell settlement.

Recently, the Bureau of Indian Affairs announced offers were issued to acquire interest on the Pine Ridge and Makah reservations. The issue is how did they determine land values pursuant to fair market value (FMV), or other determinations as required? How can they determine FMV that quickly? They most likely conducted a market analysis which doesn’t value property which should be based on improvements individually on each tract such as utilities and access. But rather market analysis values most properties at the same value whether there are improvements or not.