Mr. Speaker, I share my colleagues' concerns about what's in the bill, but I'm also concerned by what's not in the bill and, frankly, that's money to fund the settlement of the so-called Cobell…
Mr. Speaker, I share my colleagues' concerns about what's in the bill, but I'm also concerned by what's not in the bill and, frankly, that's money to fund the settlement of the so-called Cobell lawsuit.
As my colleagues on both sides of the aisle know, this lawsuit against the Federal Government stems from the mismanagement of Indian trust accounts and trust land since 1887. It involves over half a million claimants; it has drug on for 14 years through three different administrations involving both parties.
Finally, in December of last year, a settlement was reached, $3.4 billion: $1.4 billion to individual claimants, $2 billion to allow for the repurchase of fractionated lands, and some money set aside for an Indian scholarship fund.
I want to particularly, frankly, commend Secretary Salazar, who did a wonderful job in bringing this issue to closure. But it's now squarely in our court in the Congress of the United States. The President has asked us to solve this problem or to fund the settlement that he's negotiated.
For the record, Mr. Speaker, I'd like to enter the President's letter to the Speaker asking action on this particular item. So it's now squarely in our court.
When the settlement was negotiated, there was a deadline that we would act in Congress by December 31 of last year. Obviously, we missed that. There's a second deadline of February 28. We missed that. The last deadline is April 15.
I know that many of my friends on the other side of the aisle sincerely want to settle this issue, and I look forward to working with them as we try to move toward that; but I find it very difficult to keep people that have been waiting over 100 years waiting a while longer while we do things in a more immediate framework. So I urge the Congress to act, and I urge us to, frankly, support the administration's negotiated settlement. When we do that I'll be there to help my friends on the other side of the aisle.
The White House,
Washington, DC, February 12, 2010.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam Speaker: I ask the Congress to consider the
enclosed amendments to Fiscal Year (FY) 2010 proposals in my
FY 2011 Budget.
Included is an amendment for the Department of Homeland
Security, Disaster Relief, for the continued response and
recovery efforts associated with prior large events, such as
Hurricane Katrina and the Midwest Floods. The proposed total
for FY 2010 in my FY 2011 Budget would increase by $1.5
billion as a result of this amendment.
Also included are amendments to general provisions that
would provide authorization and funding for FY 2010 to
implement the settlement of a case involving the management
of individual Indian trust accounts related to Indian lands
and to settle claims of prior discrimination brought by black
farmers against the Department of Agriculture.
The details of these requests are set forth in the enclosed
letter from the Director of the Office of Management and
Budget.
Sincerely,
Barack Obama.
Enclosure.
Executive Office of the President, Office of Management
and Budget,
Washington, DC, February 12, 2010.
The President,
The White House.
Submitted for your consideration are amendments to the
Fiscal Year (FY) 2010 proposals in your FY 2011 Budget.
Included is an amendment for the Department of Homeland
Security, Disaster Relief. Also included are amendments to
general provisions that would provide authorization and
funding for FY 2010 to implement the settlement of a case
involving the management of individual Indian trust accounts
related to Indian lands and to settle claims of prior
discrimination brought by black farmers against the
Department of Agriculture. These amendments are described
below and in more detail in the enclosures.
The proposed Budget totals for FY 2010 would increase by
$1.5 billion as a result of the following amendment:
Department of Homeland Security, Disaster Relief. This
amendment would provide an additional $1.5 billion and would
increase the pending $3.6 billion FY 2010 supplemental
request included in the FY 2011 Budget to $5.1 billion. These
supplemental funds are needed before March 2010 for the
continued response and recovery efforts associated with prior
large events, such as Hurricane Katrina and the Midwest
Floods. This supplemental request is also being re-
transmitted to underscore the importance of acting in a
timely fashion.
Two FY 2010 proposals were included as mandatory requests
in the FY 2011 Budget, with an expectation that authorization
language would be transmitted at a later date. However, at
this time there are no other appropriate legislative vehicles
available to allow for expeditious consideration of these
proposals. Therefore, they are now being requested as changes
in mandatory programs and as such, are being transmitted to
the Appropriations Committee for their disposition.
General Provision, Sec. 1: Cobell v. Salazar. This
amendment would provide authorization and funding to
implement the settlement of Cobell v. Salazar, a case
involving the management of individual Indian trust accounts
related to Indian lands. Pending congressional action and
final approval by the Court, $3.412 billion will be expended
from the Department of the Treasury's Claims, Judgments, and
Relief Acts account in FY 2010. Within this total, the
settlement agreement provides that $2.0 billion from the
appropriation to this account will be transferred to a new
Trust Land Consolidation Fund in the Department of the
Interior for the buy-back and consolidation of fractionated
land interests and other activities.
General Provision, Sec. 2: Discrimination Claims
Settlement. This amendment would provide authorization and FY
2010 funding of $1.150 billion to settle claims of prior
discrimination brought by black farmers against the
Department of Agriculture that were previously addressed by
section 14012 of Public Law 110-246, the Food Conservation
and Energy Act of 2008.
Recommendation
I have carefully reviewed these requests and am satisfied
that they are necessary at this time. Therefore, I join the
heads of the affected agencies in recommending you transmit
these proposals to the Congress.
Sincerely,
Peter R. Orszag,
Director.
Enclosures.
FY 2010 Supplemental Proposal in the FY 2011 Budget
Agency: Department of Homeland Security.
Bureau: Federal Emergency Management Agency.
Heading: Disaster Relief.
FY 2011 Budget Appendix Page: 1362.
FY 2010 Pending Supplemental Request: $3,600,000,000.
Proposed Amendment: $1,500,000,000.
FY 2010 Revised Supplemental Request: $5,100,000,000.
(In the appropriations language under the above heading,
delete ``$3,600,000,000'' and substitute $5,100,000,000.)
This amendment would provide an additional $1.5 billion for
the Disaster Relief account and would increase the pending
$3.6 billion FY 2010 supplemental request included in the FY
2011 Budget to $5.1 billion.
This request is submitted to: (1) reiterate the need to
provide the proposed funding before March 2010, and
underscore the Administration's support for this proposal;
and (2) request an additional $1.5 billion in anticipation of
arbitration panel decisions likely to impact the Disaster
Relief Fund in a previously unexpected manner. This proposal
provides additional funding for the continued response and
recovery efforts associated with prior large events, such as
Hurricane Katrina and the Midwest Floods.
Through the Disaster Relief Fund, the Federal Emergency
Management Agency provides a significant portion of the total
Federal response to Presidentially-declared major disasters
and emergencies. Primary assistance programs include Federal
assistance to individuals and households, public assistance,
and hazard mitigation assistance, which includes the repair
and reconstruction of State, local, and nonprofit
infrastructure.
FY 2010 Change in a Mandatory Program
Heading: General Provisions--This Act.
FY 2011 Budget Appendix Page: 1366.
FY 2010 Pending Request: $3,412,000,000.
Proposed Amendment:--.
Revised Request: $3,412,000,000.
(In the appropriations language, insert the above new
heading and the following new language directly following
section 2 of the ``General Provisions'' that appear on page
1365:)