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Senate approves Cobell settlement after nearly one year of extentions

Opponents of the Dakota Access Pipeline gather Nov. 1, 2023, in Bismarck ahead of a public meeting on an environmental impact statement. The Standing Rock Sioux Tribe opposes the pipeline, citing concerns for its water supply. (Kyle Martin/For the North Dakota Monitor)

Elouise Cobell and Interior secretary Ken Salazar (Zimbio.com)
The Senate approved the Cobell v. Salazar settlement today. The landmark agreement was approved in December 2009. At least a half dozen extensions since then prolonged legislative approval. The House must now vote on the Cobell settlement which includes a $3.4 billion award to an estimated 300,000 American Indian landowners whose property is held in trust by the U.S. Interior Department. Income earned from natural resources on 11 million acres of individually owned trust land has been mismanaged by the Interior Department since 1887.

Here is a list of statements released today, Nov. 19, from Senate majority leader Harry Reid of Nevada, lead plaintiff Elouise Cobell, President Barack Obama and Sen. Max Baucus of Montana.

Sen. Harry Reid, Nevada

“Black farmers and Native American trust account holders have had to wait a long time for justice, but now it will finally be served. I am heartened that Democrats and Republicans were able to come together to deliver the settlement that these men and women deserve for the discrimination and mismanagement they faced in the past. This issue has been of great importance to me, and I am pleased these long-suffering Americans can now receive the closure that they deserve.

“The agreement that we reached shows what can happen when Democrats and Republicans come together to do the right thing. I commend my colleagues on both sides of the aisle who put their differences aside to make sure that justice was no longer denied to these Americans.”

Elouise Cobell, lead plaintiff in Cobell v. Salazar

BROWNING, MT., Nov. 19 — After 14 years in litigation, I am pleased that the Senate today took the next step toward bringing a small measure of justice to Native Americans victimized by the government-run individual Indian Trust.
The U.S. House of Representatives still needs to pass the pending legislation. It has passed two previous bills approving the settlement.
Once this measure is signed by President Obama we will finally be able to return to the courts to begin the process of restoring funds to Indian people across the nation.
I would like to give our special thanks to the Senators who stood by us during this prolonged process of winning approval in the Senate.
Senate Majority Leader Harry Reid of Nevada, Senate Indian Affairs Chairman Bryon Dorgan of North Dakota, Senate Indian Affairs Vice Chairman John Barrasso of Wyoming, Sen. Max Baucus of Montana, Sen. Jon Kyl of Arizona, and Sen. Chuck Grassley of Iowa all did a great service to Indian Country today.


Statement by President Obama 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.

Sen. Max Baucus, D-Mont.

(Washington, D.C.) – The U.S. Senate today unanimously passed the historic Cobell v. Salazar class-action lawsuit over mismanagement of Indian trust lands. Senator Max Baucus worked with all parties to lead today’s unanimous Senate passage of a plan to settle a decades-old lawsuit involving more than 300,000 American Indians’ trust accounts.

“For too long, our American Indian brothers and sisters have waited for a resolution to an embarrassing example of government irresponsibility,” said Baucus. “Now it’s time to keep fighting for good paying-jobs and investment in education in Indian Country.”

“Hundreds of thousands of folks in Indian Country have waited too long for this settlement,” said Senator Jon Tester, a member of the Senate Indian Affairs Committee. “We have a responsibility to get this passed and signed into law because it’s in the best interest of Montana and all of Indian Country—and it’s the right thing to do.”

In December 2009, the parties in the lawsuit agreed to settle the case, but federal lawmakers have yet to fund 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, thanked both senators for their effort in the fight.

“I want to thank Senators Baucus and Tester for leading the fight in the Senate to provide a long-overdue conclusion to this settlement. Too many Native Americans have died waiting for justice. My greatest optimism lies ahead hoping that today’s news gives way to permanent reform in the way the Departments of Interior and Treasury account for and manage Individual Indian Money accounts,” Cobell said.

“I want to thank Elouise Cobell for all her hard work and determination. This is an important step toward closing the chapter on a bitter legacy of broken promises. This settlement serves as a reminder that we have a trust obligation to American Indians and we’ve got to fight to hold the U.S. Government accountable,” said Baucus.

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.

“Passing this water rights settlement is long overdue,” Tester said. “I’ve supported this settlement since it was in the Montana Legislature, and I’m pleased we finally crossed the finish line. A lot of folks worked together to get this through the Indian Affairs Committee and through the full Senate. It will lead to more opportunity and more reliable water resources for the Crow people.”

Tester negotiated with Wyoming’s senators for an entire year on details of the agreement. Baucus, the chairman of the powerful Senate Committee on Finance, 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 House of Representatives, where it must also pass in order to become law.

Jodi Rave
Ms. Rave is a 2004 Nieman Fellow for journalists at Harvard University. Her reporting on the Cobell suit is featured in “The Authentic Voice: Best Reporting on Race and Ethnicity,” Columbia University Press. She is also a 2004 Poynter Ethics Fellow. She spent the last decade as a national reporter covering American Indian issues for Lee Enterprises. Additionally, Rave is an Individual Indian Money account holder with title to trust land on the Fort Berthold Reservation in North Dakota.

Jodi Rave Spotted Bear

Jodi Rave Spotted Bear is the founder and director of the Indigenous Media Freedom Alliance, a 501-C-3 nonprofit organization with offices in Bismarck, N.D. and the Fort Berthold Reservation. Jodi spent 15 years reporting for the mainstream press. She's been awarded prestigious Nieman and John S. Knight journalism fellowships at Harvard and Stanford, respectively. She also an MIT Knight Science Journalism Project fellow. Her writing is featured in "The Authentic Voice: The Best Reporting on Race and Ethnicity," published by Columbia University Press. Jodi currently serves as a Society of Professional Journalists at-large board member, an SPJ Foundation board member, and she chairs the SPJ Freedom of Information Committee. Jodi has won top journalism awards from mainstream and Native press organizations. She earned her journalism degree from the University of Colorado at Boulder.