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TUESDAY, MARCH 18, 2003

Two high-ranking Bureau of Indian Affairs officials are being investigated for alleged conflict of interest and abuse of authority involving a Colorado tribe.

Rob Baracker, the BIA southwest regional director, was cited by Southern Ute tribal police for carrying a loaded weapon in his vehicle. He was on the reservation in January to participate in a game hunt open to non-tribal members.

The infraction itself didn't warrant alarm, according to tribal sources. BIA employees have appeared in tribal court in the past, they said.

What prompted fears of BIA retaliation and intimidation was what happened in tribal court. Mike Stancampiano, the local BIA superintendent, acted as Baracker's attorney, in apparent violation of BIA ethics rules against conflict of interest, according to observers.

"They should know better," said a BIA colleague.

Although Baracker pleaded guilty and paid a fine, tribal officials considered reporting the incident to the Department of Interior's inspector general. But they held off due to potential controversy that could affect their standing with the BIA.

Stancampiano, as the head of the Southern Ute agency, has approval authority over certain tribal activities, including the tribe's law enforcement and game and wildlife operations. Also, he used to sit on the Southern Ute tribal court.

Baracker is Stancampiano's superior and has significant authority over the tribe as well. He approves what are known law enforcement commissions that allow the tribe to exercise jurisdiction over non-members. Baracker is not a member of the Southern Ute Tribe.

Stancampiano was out of the office last week when a call was placed to inquire about the incident. Due to return yesterday, he did not return a message. Baracker, who is based in Albuquerque, New Mexico, was in and out of the office yesterday and did not return a call.

A BIA spokesperson said the incident was under review but that no action has been taken at this time. "We take these allegations very seriously," said Nedra Darling of Washington, D.C. "We are looking into the matter."

Baracker is one of 12 BIA regional directors whose positions are being shuffled as part of the Bush administration's ongoing reorganization. At a meeting in Washington, D.C., last month, acting assistant secretary Aurene Martin asked Baracker to transfer to the Eastern region in Nashville, Tennessee.

The transfer, which is not final, is not related to the Ute incident. Other BIA regional directors have been asked to move.

Relevant Links:
Southern Ute Tribe - http://www.southern-ute.nsn.us