From BLT:

House Passes $1B Settlements for Indians, Black Farmers

The U.S. House of Representatives voted today for a jobs-and-tax package that includes approval of two $1 billion-plus settlements for American Indians and black farmers.

The 215-204 vote is a major breakthrough for the settlements, which would serve to end two long-running court cases. Supporters had been working for months to overcome objections, including over the amount to be awarded in attorney fees, without making much progress.

But the settlements still need Senate approval. That won’t happen until the week of June 7 at the earliest, because senators have left Washington for a week-long Memorial Day recess.

Senior Judge James Robertson of the U.S. District Court for the District of Columbia had been hinting at a confrontation with lawmakers if they did not act. In an April 8 hearing, Robertson extended a deadline for the $1.41 billion Cobell settlement until the end of May and said he would invite members of Congress to a hearing if they had not acted by then. That case involves lost royalty funds flowing from the use of natural resources on Indian land.

The Cobell parties have agreed to another extension, this time until June 15. Kilpatrick Stockton co-managing partner William Dorris, a lead attorney for Cobell plaintiffs, said the parties in the litigation can mutually agree to extend the settlement deadline without judicial approval, and that they are notifying Robertson.

“It’s taken some time to get this before Congress. Needless to say, we are appreciative of the House leadership and many others in the House,” Dorris said. “We start the long weekend on an upbeat note.”

D.C. solo practitioner Dennis Gingold, another lead attorney for the Cobell plaintiffs, also said he was pleased with the House vote. “They got it done,” he said.

Three weeks ago, Senate Majority Leader Harry Reid (D-Nev.) tried unsuccessfully to attach the settlements to disaster-relief legislation.

As announced today at the Fed Bar meeting at Buffalo Thunder….

Via the BLT:

A federal judge in Washington today implored Congress to pass necessary legislation approving a billion-dollar settlement in long-running Indian trust suit, saying that justice is on hold because of inactivity on Capitol Hill.

Senior Judge James Robertson of the U.S. District Court for the District of Columbia spoke today during a status conference in the suit, Cobell v. Salazar, which was filed more than a decade ago here. Justice and Interior department officials announced a $1.41 billion settlement in December in the suit, which seeks a historical accounting of billions of dollars of royalty funds flowing from the use of natural resources on Indian land.

The suit, filed in 1996, requires congressional authorization to approve the settlement amount. But since the settlement was announced, two deadlines have passed without congressional approval of the deal. The latest deadline, April 16, was extended today until the end of May. The lead plaintiff, Elouise Cobell, was skeptical the April 16 deadline would be met.

Robertson announced the extension today in court following a 45-minute meeting with Justice and Interior lawyers and the attorneys for the plaintiffs. Associate Attorney General Tom Perrelli, who was active in negotiating the settlement, participated in the meeting in chambers.

In court, Robertson called the settlement a “win-win proposition” for the plaintiffs and the government. He cautioned, however, that his remarks were not meant to be construed as a final approval of the deal. Once Congress approves the settlement amount, members of the plaintiffs’ class will have a chance in court to object to the settlement.

“The need for Congress to act is real,” Robertson said today. “Until or unless Congress acts the lawyers on both sides who have devoted themselves to this case for 15 years are on hold. More importantly, all of Indian Country is on hold.”

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