FEB   ! !   it! THE UNITED STATES COURT OF APPEALS
          ! THE DISTRICT OF COL!BIA CIRCUIT


              PION COBELL, et al.,

        Plaintiffs-Appellees,

                  v.                        No. 05-5269

    GALE A. NORTON,
    Secretary of the Interior, et al.,

        Defendants-Appellants.


    ELOUISE PEPION COBELL, et al.,

        Plaintiff!-Appellees,

                  v.                        No. 05-5388

    GALE A. NORTON,
    Secretary of the Interior, et al.,

        Defendants-Appellants.


                    APPELLANTS' REPLY IN SUPPORT OF
               MOTION TO SCHEDULE ARGtTh!ENT IN NO. 05-5269
            BEFORE THE PANEL HEARING ARGTJNENT IN NO. 05-53 88

        As explained in our motion, these appeals arise out of the

    same case.  Briefing in No.  05-5269 will be completed on

    February 3.  Briefing in 05-5388 will be completed on March 3.

    This Court has previously ordered that No. 05-5388 be calendared

    for argument in April.   The government's motion urges that both

    appeals be calendared for the same date before the same panel.

        The calendaring of the two appeals is, of course,  entirely

    within the discretion of the Court.  We reply only to note that

    plaintiffs offer no plausible reason why the Court should !

    exercise its discretion to calendar the two appeals together.


Their apparent indignation at what they suggest is an

"extraordinary" proposal  (Opposition at 7), and their assertion

that granting the motion would delay resolution of the appeal in

No.  05-5388, are difficult to fathom.

                          Respectfully submitted,

                          PETER D. KEISLER
                            Assistant Attorney General

                          KENNETH L. WAINSTEIN
                            United States Attorney

                          GREGORY G. KATSAS
                            Deputy Assistant Attorney General

                          ROBERT E. KOPP

                          THOMAS M.BONDY              M
                          AL I SA B. KLE IN CT !-'!' "a'
                          MARK R. FREEMAN
                          I. GLENN COHEN
                          ISAAC J. LIDSKY
                           (202) 514-5089
                            Attorneys, Appellate Staff
                            Civil Division, Room 7531
                            Department of Justice
                            950 Pennsylvania Ave., N.W.
                            Washington, D.C.   20530-0001


FEBRUARY 2006


                               -2-


                       CERTIFICATE OF SERVICE

     I hereby certify that on this 1st day of February,  2006, I

caused copies of the foregoing reply to be sent to the Court and

to the following by hand delivery:

     Keith M. Harper
     Native American Rights Fund
     1712 N Street, N.W.
     Washington, D.C.   20036-2976
     (202) 785-4166

     G. William Austin
     Kilpatrick Stockton
     607 14th Street, N.W., Suite 900
     Washington, D.C.   20005
     (202) 508-5800

and to the following by federal express, overnight mail:

     Elliott H. Levitas
     Law Office of Elliott H. Levitas
     1100 Peachtree Street
     Suite 2800
     Atlanta, GA  30309-4530
     (404) 815-6450

and to the following by regular, first-class mail:

     Dennis Marc Gingold
     607 14th Street, N.W.
     Washington, D.C.   20005

     Earl Old Person (pro se)
     Blackfeet Tribe
     P.O. Box 850
     Browning, MT  59417


                                !         !
                               ALISA B. KLEIN