And now:Ish <[EMAIL PROTECTED]> writes:

From: <[EMAIL PROTECTED]>
Sent: Friday, June 18, 1999 3:20 PM 
Subject: Indian Funds Head Petitions Judge


Indian Funds Head Petitions Judge
.c The Associated Press
By PHILIP BRASHER

WASHINGTON (AP) - The Clinton administration's top-ranking American Indian
appealed to a federal judge Friday to leave the government in control of
$500 million in Indian trust funds that have been mismanaged for decades.

Kevin Gover, a Pawnee who has run the Bureau of Indian Affairs for a year
and a half, said it would destroy his agency - and by extension the
government's special relationship with tribes - to lose control of the
accounts.

``I deeply believe that not only is the bureau the right organization to do
this, but it is the only organization that can do it,'' he told U.S.
District Judge Royce Lamberth.

The BIA is responsible for 300,000 accounts that handle rent, royalties and
other income from 11 million acres of land owned by individual Indians,
many of them very poor.

Earlier this year, Lamberth held Gover, Interior Secretary Bruce Babbitt
and Treasury Secretary Robert Rubin in contempt for their failure to turn
over records sought in a class-action lawsuit that seeks to reform the
trust system and reconcile the accounts.

Gover, a lawyer and Princeton graduate who is Interior's assistant
secretary for Indian affairs, apologized ``for the failure of my agency to
do what it was told to do.'' He was the government's leadoff witness in a
trial of the lawsuit.

The trial began June 10, starting with testimony on behalf of the
plaintiffs, the individual Indian account holders who brought the
class-action lawsuit over the $500 million. The BIA controls an additional
$2.5 billion in trust funds that belong to tribes and are not covered by
the lawsuit.

BIA has already lost much of its role in everyday Indian affairs now that
many tribes have taken over programs the BIA once managed for them. Taking
away the trust funds would be the next step toward eliminating the agency
altogether, Gover said.

While tribal leaders are often the BIA's harshest critics, many of them
share Gover's concern that the government would phase out its support for
tribes if the agency didn't exist.

``The BIA, for all its warts, is the icon, it is the symbol, of the
commitment of the United States to the tribes,'' Gover said.

The trust system has vexed a series of administrations, but Gover insisted
the BIA is committed to cleaning it up. Next week, the agency will start
testing a new computer system for managing the trust accounts and records.

The records are scattered in more than 100 BIA offices, and many of the
accounts are quite small - Gover said his own account contains just 7 cents
- because of the way ownership of Indian land has splintered through
inheritances.

Attorneys for the plaintiffs scoffed at Gover's concerns for the future of
the BIA, which they contend is incapable of managing the money.

Under cross examination, Gover could not say whether the officials he's put
in charge of the accounts have any previous experience in managing trusts.
Lawyers for the account holders who filed the lawsuit also say the records
are in such poor condition that the new accounting system can't be reliable.

``The question is, is the BIA here to support the trust, or is the trust
here to support the BIA?'' attorney Dennis Gingold said in an interview.

AP-NY-06-18-99 1619EDT

Copyright 1999 The Associated Press.  The information  contained in the AP
news report may not be published,  broadcast, rewritten or otherwise
distributed without  prior written authority of The Associated Press.
Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html
doctrine of international copyright law.
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