Mary Clare Jalonick, The Associated Press | Posted: Tuesday, October 9, 2007 11:00 pm
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WASHINGTON - The Interior Department is doing all it can to
account for billions of dollars owed to Native American
landholders, a department official told a federal court Wednesday
in legal arguments over the Indians' 11-year-old lawsuit against
the government.
The suit claims the government has mismanaged more than $100
billion in oil, gas, timber and other royalties held in trust from
their lands dating back to 1887.
At a hearing in U.S. District Court, James Cason, associate
deputy Interior secretary, defended the government's accounting of
the Native American trust lands. The department says it has spent
more than $127 million on historical accounting of the trust lands
since 2003 and is not delaying or trying to limit government
liability, as the plaintiffs suggest.
But Cason said the department has a difficult job when
Congress is appropriating limited funds for the accounting.
"There is only so much money we can get out of Congress to do
this job," he said. The government contends that the Interior
Department has developed a reasonable process for accounting for
the money owed and that the lawsuit should not go forward.
But lawyers for the Naitve Americans argued that the
department is not properly accounting for the money owed to
thousands of trustees.
"Hopefully, your honor, after 120 years some of our clients
are going to see justice," said Dennis Gingold, the plaintiffs'
lead attorney.
Filed in 1996 by Elouise Cobell of the Blackfeet tribe, the
lawsuit deals with individual Indians' lands. Several tribes have
sued separately, claiming mismanagement of their lands.
The government proposed paying $7 billion partly to settle the
Cobell lawsuit in March, but that was rejected by the plaintiffs,
who estimate the government's liability could exceed $100
billion.
Judge James Robertson is presiding in the case after Judge
Royce Lamberth was removed by the U.S. Court of Appeals for the
District of Columbia Circuit, which said he had lost his
objectivity.
The government had asked that Lamberth be replaced after the
judge lambasted the Interior Department, writing in a decision that
it "is a dinosaur - the morally and culturally oblivious
hand-me-down of a disgracefully racist and imperialist government
that should have been buried a century ago."