From WaPo:
Native Americans who sued the federal government over lost royalties have been waiting nearly 15 years for the $3.4 billion settlement Congress passed last month. Now they’ll have to wait some more.
The plaintiffs expect it will be at least next August before Indian trust landowners see a dime, and six months after that before the last claims are settled with trust account holders.
That’s because when the political wrangling ends, the red tape begins.
From the BIA press release (and BLT’s coverage here):
Date: November 30, 2010
Contacts:
USDOJ Office of Public Affairs 202-514-2007 DOI Office of Communications 202- 208-6416 USDA Office of Communications 202-720-4623
Attorney General Holder, Secretaries Salazar and Vilsack Applaud Final Passage of the Claims Settlement Act
Washington, D.C. – Today, the Departments of Justice, Interior and Agriculture applauded the bipartisan House passage of the Claims Settlement Act. The Act, which recently passed the Senate, will provide long-awaited funding for the agreements reached in the Pigford II lawsuit, brought by African American farmers; the Cobell lawsuit, brought by Native Americans over the management of Indian trust accounts and resources; and four separate water rights suits made by Native American tribes. President Obama has said that he will sign the legislation into law.
“These are truly historic settlements that do not only resolve litigation, but also offer a new relationship between many deserving Americans and the federal agencies that play an important role in their lives,” said Attorney General Eric Holder. “Bringing this litigation to a close has been a priority for this Administration, and today’s vote in Congress is a significant, historic achievement. These cases provide fair deals for the plaintiffs and for the American taxpayers.”
“Congress’ approval of the Cobell settlement and the four Indian water rights settlements is nothing short of historic for Indian nations,” Secretary of the Interior Ken Salazar said. “The settlements honorably and responsibly address long-standing injustices and represent a major step forward in President Obama’s agenda to empower tribal governments, fulfill our trust responsibilities to tribal members and help tribal leaders build safer, stronger, healthier and more prosperous communities.”
“President Obama and I made a firm commitment not only to treat all farmers fairly and equally, but to right the wrongs in USDA’s past,” said Agriculture Secretary Tom Vilsack. “I applaud those who took this historic step to ensure black farmers who faced discrimination by their government finally receive justice. And I commend those who led this fight in the U.S. Congress and I am thankful for their unwavering determination. Today’s vote will help the Department of Agriculture move beyond this sad chapter in history. The bill that passed the Senate and House includes strong protections against waste, fraud, and abuse to ensure integrity of the claims process. In the months and years ahead, we will not stop working to move the Department into a new era as a model employer and premier service provider. We also must continue the good work we started to resolve all remaining administrative claims.”
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THE WHITE HOUSE
Office of the Press Secretary
___________________________________________________________________________
FOR IMMEDIATE RELEASE
November 19, 2010
Statement by the President on the Senate Passage of the Claims Settlement Act of 2010
I applaud the Senate for passing the Claims Settlement Act of 2010, which will at long last provide funding for the agreements reached in the Pigford II lawsuit, brought by African American farmers, and the Cobell lawsuit, brought by Native Americans over the management of Indian trust accounts and resources. I particularly want to thank Attorney General Holder and Secretaries Salazar and Vilsack for their continued work to achieve this outcome. I urge the House to move forward with this legislation as they did earlier this year, and I look forward to signing it into law.
This bill also includes settlements for four separate water rights suits made by Native American tribes. I support these settlements and my Administration is committed to addressing the water needs of tribal communities. While these legislative achievements reflect important progress, they also serve to remind us that much work remains to be done. That is why my Administration also continues to work to resolve claims of past discrimination made by women and Hispanic farmers against the USDA.
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Here is the coverage from BLT and the announcement from Secretary Salazar.
An excerpt from the BLT story:
Debate over the settlements had drawn out for months over how to pay for them and over how much of the $3.4 billion settlements should go to the plaintiffs’ lawyers in the case involving American Indians. Named for plaintiff Elouise Cobell, that case centers around the accounting of royalties for resource extraction on American Indian land.
In the end, the authorizing legislation that passed the Senate left the question of fees to the judge in the case, without a cap from Congress. The legislation also appropriates $1.15 billion for a settlement with black farmers, including name plaintiff Timothy Pigford, who were denied the full benefits of a U.S. Department of Agriculture program.
In order to pay for the settlements, the legislation draws money from a surplus in a fund for nutrition programs and by extending customs user fees. Senators approved the legislation without a formal vote, sending it to the House of Representatives for a potentially final vote.
Here’s the article from Greenwire.
From BLT:
The extension for congressional authorization of the $3.4 billion settlement in a long-running Indian trust suit in Washington was pushed back today to January 2011, giving Congress more time to examine the deal.
Senior Judge Thomas Hogan of Washington federal district court expressed concern today that Congress has not approved the deal, first announced in December 2009. Hogan met this morning with Justice and Interior department lawyers and attorneys for lead plaintiff Eloise Cobell.
Cobell’s suit, filed in 1996 in the U.S. District Court for the District of Columbia, seeks a historical accounting of billions of dollars held in trust for the use of Indian land for oil, timber and minerals. The terms of the agreement call for $1.5 billion in payment to account holders. Nearly $2 billion would be dedicated to a land consolidation program.
The deadline for congressional authorization has been extended numerous times. Hogan today, repeating earlier public statements, urged Congress to act on the settlement, which he said was negotiated at arm’s length.
A team of Kilpatrick Stockton attorneys, working with D.C. solo practitioner Dennis Gingold, represent Cobell. Deputy Secretary David Hayes of the Interior Department attended today’s session with Interior Solicitor Hilary Tompkins. The plaintiffs’ lawyers, including Gingold and Kilpatrick Stockton partner Keith Harper, met with the government attorneys in Hogan’s chambers for about 30 minutes before holding a public court session.
From BLT:
The plaintiffs’ attorneys in a long-running Indian trust suit in Washington say they remain confident Congress will approve the $3.4 billion settlement, despite adjournment in the U.S. Senate yesterday without a vote.
The settlement, first announced last December, stalled in Congress amid concern over attorneys fees and equitable distribution of funds to potentially hundreds of thousands of class members.
The suit in the U.S. District Court for the District of Columbia, filed in 1996 by lead plaintiff Elouise Cobell, sought a historical accounting of billions of dollars held in trust by the federal government for accounts tied to oil, natural gas, minerals and timber.
The terms of the settlement have been changed to garner support among Senate Republicans, a lead attorney for the plaintiffs, Washington solo practitioner Dennis Gingold, said today. “There is reason to be optimistic,” Gingold said. “We uniquely have bipartisan support in an environment where you don’t see that often.”
An excerpt from BLT:
Also at the news conference, a reporter asked Obama whether he can commit to winning legislative approval of two settlements that would end major discrimination claims against the federal government: the Cobell and Pigford II settlements. The Cobell claims relate to unpaid royalties from natural resource extraction on American Indian lands, while the Pigford claims relate to disparate treatment for black farmers in U.S. Department of Agriculture programs.
Obama did not make a commitment, but he said he would try. “It is a fair settlement. It is a just settlement,” Obama said, appearing to conflate the two settlements. “We think it’s important for Congress to fund that settlement, and we’re going to continue to make it a priority.”
The lead lawyer for plaintiffs in the Cobell litigation has accused the White House of not making the settlement a priority.
From BLT:
Members of Congress are still looking for a way to authorize two, billion-dollar agreements that would settle litigation involving the federal government and minority groups.
The House of Representatives had included authority for the settlements in a bill authorizing supplemental war funding. It passed the House July 1. But senators rejected that idea Thursday in the latest setback for the proposed $1.41 billion Cobell settlement for American Indians and $1.25 billion Pigford settlement for black farmers.
According to Bill McAllister, Spokesman for Cobell Plaintiffs.
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