Trust settlement awaits Senate action after House passage

Cobell

Tuesday, June 1, 2010

The $3.4 billion settlement to the Indian trust fund lawsuit moved closer to final approval on Friday after the House passed the deal as part of a larger jobs and tax bill.

The settlement is authorized by Section 607 of H.R.4213, the American Jobs, Closing Tax Loopholes and Preventing Outsourcing Act. It provides $1.412 billion in payments to individual Indians and creates a $2 billion land consolidation program.

The bill's passage prompted the plaintiffs and the Obama administration to agree a new deadline in order to wait for the Senate to take action. The deadline is now June 15, about a week after lawmakers are expected to return to Washington, D.C.

"In light of the flood of calls received by plaintiffs' counsel from class members asking that we ensure finalization of this settlement, the parties have agreed to extend the May deadline for enacting legislation authorizing the settlement to June 15, 2010," lead plaintiff Elouise Cobell, a member of the Blackfeet Nation of Montana, said in a statement. "I look forward to working with the Senate on this legislation."

Cobell thanked Rep. Tom Cole (R-Oklahoma), a member of the Chickasaw Nation, for his support of the settlement. However, he did not vote for the bill's passage on Friday, according to the roll call.

"Cobell should be stand-alone legislation, and Democratic members have endangered its success by including it in a bill full of extraneous spending items that will do great damage to the country," Cole told The Oklahoman. "I remain strongly supportive of the Cobell policy, but I could not vote for a bill that raises taxes and increases the deficit with unfunded programs."

Rep. Stephanie Herseth Sandlin (D-South Dakota) was one of 15 Democrats who voted against the bill due to fiscal concerns. She otherwise has a favorable record on Indian issues though she hasn't expressed a view on the Cobell settlement.

Other notable Democrats who voted against the bill were Rep. Jim McDermott of Washington, who co-sponsored the U.S. apology resolution, Rep. Mike McIntyre of North Carolina, whose district includes the Eastern Band of Cherokee Indians, Rep. Harry Teague of New Mexico, whose district includes Pueblo tribes, the Mescalero Apache Nation and parts of the Navajo Nation and Rep. John Salazar of Colorado, whose district includes two Ute tribes and whose younger brother is Interior Secretary Ken Salazar.

Get the Story:
Indian trust settlement clears House hurdle (The Oklahoman 6/1)
Mistrust remains in Indian land redress (AP 5/31)
House Passes Cobell Settlement; Parties to Ask for New Deadline (Main Justice 5/28)
Cobell deadline extended again (Indian Country Today 5/28)
House Passes $1B Settlements for Indians, Black Farmers (The Blog of Legal Times 5/28)

American Jobs and Closing Tax Loopholes Act:
Press Release: Baucus, Levin To Release Joint Legislation To Create Jobs, Extend Tax Cuts for Families and Businesses, Support Americans Looking for Work | Background and More Information

Cobell Settlement Documents:
Agreement | Press Release | Q&A | Audio