And now:Ish <[EMAIL PROTECTED]> writes: Date: Sat, 10 Jul 1999 22:34:36 -0500 From: [EMAIL PROTECTED] Subject: Interior secretary asks limited court role in Indian funds Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" 7/10/99 -- 3:17 PM Interior secretary asks limited court role in Indian funds ------------------------------------------------------------------------ WASHINGTON (AP) - Interior Secretary Bruce Babbitt, ending a day and a half of testimony, asked a federal judge Saturday to limit court involvement in repairing the trouble-plagued Indian trust fund program and allow him to ``get this problem nailed down and solved.'' With Babbitt's testimony, the government rested its defense in a class action lawsuit filed by Indians demanding that the courts take over the trust fund, overhaul its error-filled accounting system and make restitution to Indians who have lost money. Final arguments were expected to come late next week, but it's not known when Judge Royce Lamberth will issue his decision in the monthlong trial. During testimony Friday and Saturday, Babbitt clashed repeatedly with the plaintiffs' attorney, Elliott Levitas. At one point, Babbitt, who described himself as a long-standing supporter of Native Americans, suggested he was being ``pistol-whipped'' in the proceedings. The government acknowledged in the trial that the Indian trust fund, which distributes money owed individual Indians based on land holdings, has been mismanaged for many years. Its record system is so shoddy and incomplete that making accurate fund distributions will be impossible. Nevertheless, Babbitt argued he has begun to correct matters and the accounting system is being cleaned up. ``We're almost there,'' he said, although he admitted the overhaul might take several more years. Lamberth, who cited Babbitt for contempt this year for acting too slowly to produce Indian trust fund records, gave no indication how he will rule. He said, however, that Babbitt was ``very constructive'' in acknowledging a measure of court supervision might be needed. It was widely expected that Lamberth will order court supervision of the trust fund, which has deposits of $500 million. Many of its 300,000-plus Indian account holders live in poverty. ``The involvement of the court is very important,'' Babbitt said, speaking directly to the judge. He said he hopes for a limited court presence, perhaps through an ``advisory'' panel to settle disputes under threat of having to return to court if disputes cannot be resolved. Plaintiffs want Lamberth to appoint a special master to oversee trust fund reforms and remove its management from the Bureau of Indian Affairs, which has been in charge of it for decades. Congress directed appointment of a special trustee of the fund in 1994 to work within the Interior Department. The trustee, Paul Homan, a former banking executive and bank regulator, disagreed sharply with Babbitt on how to resolve the fund's problems. Homan resigned last January and charged that Babbitt undercut his authority. Babbitt testified that Homan openly showed ``his disdain for the BIA'' by insisting the bureau could not produce needed reforms. In testimony, Babbitt acknowledged he wanted to fire Homan, and if he were running a business he would have asked him to resign. Instead, he installed a deputy under Homan ``to make the trains run.'' Homan has proposed a broad strategy for fixing the trust fund problem that includes creation of a new agency outside the Bureau of Indian Affairs to fix and manage the fund. Babbitt contends Indian tribes almost unanimously want fund management to remain within the BIA. Plaintiffs in the lawsuit argue that the treatment of Homan was an example of Babbitt talking about fund reform but stifling needed overhaul. Concluding his questioning of Babbitt, Levitas, a former congressman, introduced the transcript of a January 1993 Senate hearing. Then, only five days into his job, Babbitt promised action ``in 60 days'' on fixing the trust fund accounting problems. At the time, the transcript showed, the remark was greeted with laughter, noted Levitas. Copyright 1999 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html doctrine of international copyright law. &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ &&&&&&&&&&&&&&&&&&&&&&&&&&
