Cobell stalled in SenatePigford goes it aloneBy Rob Capriccioso
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“... we are greatly
disappointed that the Senate leadership decided not to bring
the settlement ... to a promised vote on the Senate floor.
... our settlement was fully funded and would not be adding
to the national debt.” – Elouise Cobell |
Some have questioned, too, why
Reid didn’t attempt tough legislative maneuvers to try to overcome
challenges, rather than letting the agreement stall.
Lead plaintiff Elouise Cobell broke her silence regarding the latest
setbacks, issuing a statement Sept. 29 that expressed her
disappointment with Reid and other Senate leaders.
“I know I speak for all of Indian country when I say that we are
greatly disappointed that the Senate leadership decided not to bring
the settlement of our lawsuit over the government’s broken Indian
trust to a promised vote on the Senate floor,” Cobell said.
“We are convinced that a vast majority of senators supported the
settlement we reached with the Justice and Interior departments in
December. We believed we had won the support of conservatives by
making certain that our settlement was fully funded and would not be
adding to the national debt.”
Cobell noted that the Indian plaintiffs’ settlement agreement
expires Oct. 15 – long before the next Senate session would begin.
She said “no decisions have been made as to whether we should
continue to press for the Senate’s approval of our agreement in the
lame-duck session or return to court and resume our lawsuit.”
Sen. Byron Dorgan, D-N.D., has said he will work for passage of the
settlement in the lame-duck session. He chairs the Senate Committee
on Indian Affairs.
Meanwhile, Pigford II, a separate case involving black
farmers that has also earned a settlement proposal from the Obama
administration, officially broke off from Cobell when three
senators recently announced standalone legislation to try to get
that deal done.
Until that point, Cobell and Pigford had been
partners in combined legislation for much of the year. Despite
having nothing to do with each other, their partnership was intended
to strengthen the likelihood that both would be approved by
Congress.
Instead, black farmers began to see Cobell as a hindrance,
and pushed for the detachment, preferring to go it alone.
Sens. Kay Hagan, D-N.C., Blanche Lincoln, D-Ark., and Mary Landrieu,
D-La., granted that wish Sept. 23 by introducing a bill to fund the
$1.15 billion settlement that black farmers reached with Agriculture
Secretary Tom Vilsack in February.
Dorgan had said earlier in the month that Cobell and
Pigford should not be separated.
Even given the de-coupling, Pigford also did not move
before the Senate adjourned, with increasing questions being asked
as to how plaintiffs in that case have been counted to determine
their monetary awards.
Cobell did not offer comment on the Pigford situation, but
she did offer thanks to a variety of senators, including to one who
has long been perceived as holding up congressional approval – Sen.
John Barrasso, R-Wyo., who has said the fees for lawyers in the case
are far too great compared to the small amount the average Indian
plaintiff would receive.
The Cobell case is based on years of Indian royalty
mismanagement allegations against the U.S. government.
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