Elouise Cobell Hails Historic Vote To Resolve Trust Case
BROWNING, Mont., Nov. 30 — Elouise Cobell, lead plaintiff in the 15-year-old class action lawsuit over the federal government’s mismanagement of its Indian Trust, hailed today’s House vote as a landmark milestone on the road to justice for Native People.
“This is truly an historic day in Indian Country as well as in America’s history” said Ms. Cobell, a member of the Blackfeet Nation. “By Congress placing a seal of approval on this settlement, a monumental step has been taken to remove a stain on our national honor, and create a better future for Indians as our government begins to make some amends for grave past injustices”, she said.
The House action completes the long delayed legislative phase of the settlement of Cobell, et al v. Salazar, et al and sends the bill to President Barack Obama for his anticipated signature.
Following that action, the case will return to court for a hearing before D.C. District Court Judge Thomas Hogan in accordance with federal court rules to confirm the fairness of the settlement, determine appropriate attorneys fees and to establish distribution of funds to the class members.
“This unprecedented Congressional action paves the way for a brighter and better relationship with government,” Ms Cobell said. “There is still much to be done in trust reform and improving trustee performance by the Department of Interior, but this huge step makes those other steps possible.”
“While the money is not as much as we believe we are entitled to, there was no end in sight to this litigation and the settlement will be recognized by Native People as an acknowledgment by the federal government that it wronged them by its mismanagement of Indian money and Indian lands.”
“I am saddened that this process, which I began with the filing of our lawsuit in 1996, has taken so long,” she said. “Too many account holders, as I have often said, have died awaiting this settlement.”
“I want to extend my thanks to Speaker Nancy Pelosi of California, Majority Leader Steny Hoyer of Maryland, Dale Kildee of Michigan, Majority Whip Jim Clyburn of South Carolina, House Resources Chairman Nick Rahall of West Virginia, Rep. Tom Cole of Oklahoma, Appropriations Chairman David Obey of Wisconsin, and Ways and Means Chairman Rep. Sander Levin of Michigan.”
Complete terms of the settlement are available at www.cobellsettlement.com.
THE WHITE HOUSE
Office of the Press Secretary
______________________________________________________________________________
FOR IMMEDIATE RELEASE
November 30, 2010
Statement by the President on House Passage of the Claims Settlement Act of 2010
I am pleased that today, the House has joined the Senate in passing the Claims Settlement Act of 2010. This important legislation will fund 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 want to thank Attorney General Holder and Secretaries Salazar and Vilsack for all their work to reach this outcome, and I applaud Congress for acting in a bipartisan fashion to bring this painful chapter in our nation’s history to a close.
This bill also provides funding for settlements reached in four separate water rights suits brought by Native American tribes, and it represents a significant step forward in addressing the water needs of Indian Country. Yet, while today’s vote demonstrates important progress, we must remember that much work remains to be done. And my Administration will continue our efforts to resolve claims of past discrimination made by women and Hispanic farmers and others in a fair and timely manner.
Attorney General Holder, Secretaries Salazar and Vilsack Applaud Final Passage of the Claims Settlement Act
WASHINGTON, November 30, 2010 – 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.”
BAUCUS BILL TO FINALIZE COBELL SETTLEMENT, CROW WATER COMPACT TO BECOME LAW
House Passes Baucus Bill to Conclude Class Action Suit, Longstanding Water Rights Settlement
(Washington, D.C.) – Montana’s senior U.S. Senator Max Baucus applauded passage in the House of Representatives today of his legislation to finalize a settlement in the Cobell v. Salazar class action lawsuit. Baucus’ plan to settle the decades-old lawsuit involving the mismanagement of more than 300,000 American Indians’ trust accounts is now set to become law after unanimous passage by the Senate earlier this month. Baucus’ bill also includes U.S. Senator Jon Tester’s bill to ratify the Crow water rights compact.
“The passage of this bill will finally provide a long-overdue conclusion for hundreds of thousands of folks in Indian Country who have waited too long for justice. I want to thank Elouise Cobell for her tireless effort and advocacy in the name of so many others who could not fight for themselves,” Baucus said. “Still the fight is far from over. This settlement serves as a reminder that we have a trust obligation to American Indians and we have a responsibility to keep fighting for good paying-jobs and education in Indian Country.”
In December 2009, the parties in the Cobell lawsuit agreed to settle the case, but federal lawmakers had yet to fund the settlement until today. Baucus has been working for months to secure an agreement to finalize the settlement, which includes funding to resolve historical accounting and damage claims, establish a Trust Land Consolidation Fund and support Indian Scholarships.
Montana Blackfeet Tribal member Elouise Cobell, who first brought the suit against the federal government, expressed joy and gratitude after today’s final passage by the House.
“I’m thankful to Senator Baucus for keeping his promise to fight for closure on this issue. Today marks the end of a bittersweet chapter for Native Americans. While I am sad too many beneficiaries passed away while waiting for this resolution, I am proud to know that the end of this ordeal is nearly here. This legislation presents an opportunity for the government to recommit itself to finally fulfilling its fiduciary duties to over 500,000 individual Indian trust beneficiaries,” Cobell said.
The legislation passed today also ratifies the Crow-Montana Water Rights Compact, which outlines the tribe’s authority over distributing, allocating and leasing water rights. It also provides funding for the development of water resources for irrigation, power, and other uses.
Tester negotiated with Wyoming’s senators for an entire year on details of the agreement. Baucus, the chairman of the powerful Senate Finance Committee, made funding available to implement the settlement agreement, built a bi-partisan compromise around the package that passed today, and led the successful effort to push the bill through the Senate.
The bill will now be sent to the President’s desk to be signed into law.
