Yes, I believe this is also related to an effort by Black farmers to obtain compensation for racist practices that drove tens of thousands out of business over decades. The legal battles have been going on for decades and many of the plaintiffs in have passed on over the years without seeing justice. The Black farmers case has gotten more media in the past month but all these cases are atrocious. I believe the US Dept of Interior or some officials were held in contempt of court in the Cobell v. Salazar (Native American) case at one time; the Black farmers reached a settlement in court yet bills authorizing appropriation of the funds to pay it out were defeated at least 7 times in Congress. My understanding of the Keepseagle v. Vilsack (Native American) case is that it is at that stage where the settlement has been awarded, but
it is not done being litigated yet, whereas Pigford v. Vilsack (Black farmers) has finally been funded.
House clears Indian, black farmer settlements By BEN EVANS Associated Press © 2010 The Associated Press
Nov. 30, 2010, 6:24PM
WASHINGTON — American Indian landowners and black farmers who for years have waited for Washington to address their claims of government mistreatment won a hard-fought victory Tuesday as Congress cleared legislation to pay the groups $4.6 billion to settle a pair of historic class-action lawsuits.
The measure passed the House in a 256-152 vote and now goes to President Barack Obama, who promised during his campaign to work toward resolving the long-standing disputes and others involving the government's past discrimination against minorities.
In a statement, Obama applauded the bill's passage and said he would continue working to resolve other lingering complaints of historic discrimination, including from women and Hispanic farmers.
Elouise Cobell, a member of the Blackfeet Tribe from Browning, Mont., and lead plaintiff in the Indian case, called it a "historic day in Indian country as well as in America's history."
"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 package would award some $3.4 billion to American Indians over claims they were cheated out of royalties overseen by the Interior Department for resources like oil, gas and timber. Another $1.2 billion would go to African-Americans who claim they were unfairly denied loans and other assistance from the Agriculture Department.
The settlements have broad bipartisan support but had stalled on Capitol Hill over costs until the Senate broke a stalemate earlier this month.
Although the Senate passed the measure without opposition, all but 16 Republicans opposed it in the House. Many argued the individual settlements have merit but objected to lumping them together in a single bill with other provisions, including deals on four long-standing disputes over Indian water rights.
Rep. Kevin Brady, R-Texas, said Democrats weren't really paying for the bill as they claimed but were simply tapping unused funds in unrelated programs.
"When we approve new spending we should offset that by spending cuts," Brady said.
Rep. Steve King, R-Iowa, likened the black farmers program to "modern-day reparations" for African-Americans and argued along with Rep. Michele Bachmann, R-Minn., that the claims process is rife with fraud.
Democrats and at least one Republican supporter countered that the bill protects taxpayers while offering fair compensation for people who were mistreated.
"This is not about fraud. This is about justice for black farmers who were wronged by the U.S. Department of Agriculture," said John Boyd, who founded the National Black Farmers Association and has lobbied Congress on the issue for more than two decades.
Rep. Tom Cole, R-Okla., noted that a federal judge has held the federal government in contempt for not funding the Indian case and called it a "bargain for the American taxpayers" that will avoid tens of millions of dollars in court costs.
"We are correcting historic wrongs that should never have occurred in the first place," he said.
In the Indian case, at least 300,000 Native Americans claim they were swindled out of royalties overseen by the Interior Department since 1887. The plaintiffs originally said they were owed $100 billion, but signaled they were willing to settle for less as the case dragged on.
For the black farmers, it is the second round of funding from a class-action lawsuit originally settled in 1999 over allegations of widespread discrimination by local USDA offices.
The government already has paid out more than $1 billion to about 16,000 farmers, with most getting payments of about $50,000. The new money is intended for people who were denied earlier payments because they missed deadlines for filing. Tens of thousands of new claims are expected, and the amount of money each would get depends on how many are successful.
The bill also includes nearly $1 billion to settle several long-standing Indian water-rights lawsuits and extends for one year the Temporary Assistance for Needy Families program, which gives grants to states to provide cash assistance and other services to the poor.
The costs of the bill would be offset by diverting dollars from a surplus in nutrition programs for women and children, extending customs user fees and new efforts for the Treasury to recoup excess unemployment insurance payments.
Some more background on
Cobell vs. Salazar and
Keepseagle vs. Vilsack cases.
Longer piece with history of the Black farmers lawsuit and a
more recent shorter one.
