IN  THE  UNITED  STATES  COURT  OF  APPEALS
                                               FOR  THE  DISTRICT  OF  COLUMBIA  CIRCUIT

                ELOUISE  PEPION  COBELL,   et  al.,
                Plaintiffs-Appellees,
                                                v.                                                      No.   02-5374
                GALE  A.  NORTON,
                Secretary  of  the  Interior,   et  al.,

                Defendants-Appellants.


                                        REPLY  IN  SUPPORT  OF  DEFENDANTS'  MOTION  FOR
                                                      EXPEDITED  APPEAL  AND  ARGUMENT

                           Defendants-appellants,   the  Secretary  of  the  Interior,   et

                al.,   respectfully  reply  to  plaintiffs-appellees'   response  to  our
                motion  for  expedition.
                           Plaintiffs  agree  that,   if  appellate  review  is  to  proceed,   it
                should  do  so  expeditiously.     Accordingly,   we  urge  the  Court  to
                order   (1)   that  the  brief  for  appellees  be  filed  within  an

                appropriate  time;   (2}   that  the  government's  reply  brief  be  filed
                within  14  days  after  appellees'   brief;   and   (3>   that  oral  argument
                be  held  at  the  Court's  earliest  convenience  following  the

                completion  of  briefing.






                                                                     CONCLUSION
                             For  the  foregoing  reasons,   the  Court  should  grant  the

                  government's  motion  to  expedite  the  appeal.


                                                                                             Respectfully  submitted,
                  ROSCOE  C.   HOWARD,   JR.                              ROBERT  D.   McCALLUM,   JR.
                      United  States  Attorney                           Assistant  Attorney  General
                  MARK  E.   NAGLE                                               GREGORY  G.   KATSAS
                  R.   CRAIG  LAWRENCE                                        Deputy  Assistant  Attorney  General
                      Assistant  U.S.   Attorneys
                      U.S.   Attorney's  Office                       ROBERT  E.   KOPP
                      Washinqton,   D.C.     20001                     MARK  B.   STERN
                                                                                                                                 _{    O
                                                                                             THOMAS  M.   BONDY                       Q._q_.L
                                                                                             CHARLES  W.   SCARBOROUGH
                                                                                             SAMBHAV  N.   SANKAR
                                                                                                  (202)   514-5089
                                                                                                 Attorneys,   Appellate  Staff
                                                                                                 Civil  Division,   Room  9108
                                                                                                 Department  of  Justice
                                                                                                 601  D  Street,   N.W.
                                                                                                 Washington,   D.C.     20530
                  DECEMBER  2002



















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                                                            CERTIFICATE  OF  SERVICE
                           i  hereby  certify  that  on  this  23rd  day  of  December,   2002,
                I  am  causing  copies  of  the  foregoing  reply  to  be  sent  to  the  Court
                and  to  be  served  on  the  following  by  hand  delivery:
                           The  Honorable  Royce  C.   Lamberth
                          United  States  District  Court
                          United  States  Courthouse
                          Third  and  Constitution  Ave.,   N.W.
                          Washington,   D.C.   20001
                          Dennis  M.   Gingold
                           1275  Pennsylvania  Avenue,   N.W.
                               9th  Floor
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                and  to  be  served  by  fax  upon:
                           Elliott  H.   Levitas
                           1100  Peachtree  Street
                           Suite  2800
                          Atlanta,   Georgia  30309-4530
                and  to  be  served  by  regular  mail  upon:
                           Keith  Harper
                           Native  American  Rights  Fund
                           1712  N  Street,   N.W.
                           Washington,   D.C.   20036-2976

                                                                                     j!        i i
             CHARLES  W.   SCARBOROUGH
                                                                                     Attorney,   Department  of  Justice