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MONDAY, MARCH 25, 2002

After a more than three-month delay, the last of the information technology systems key to the administration of the Indian trust is finally coming back online.

The Department of Interior received permission last week to operate a system that processes oil and gas royalties to thousands of American Indians and hundreds of tribes. The Minerals Management Service (MMS) system was shut off December 5, when a federal judge ordered the department to protect the assets of 300,000 Indian beneficiaries.

The approval, which occurred March 20, gives the Interior the ability to make millions of dollars worth of payments to Indian Country. But it didn't come in enough time for the department to resume normal operations, so another round of estimated checks was written on Friday for about $1.7 million.

Based on an average of historical data, the payments have been the source of dispute among tribal leaders and attorneys representing the Indian account holders. The department's failure to resolve the shutdown sooner forced some tribes to pay members out of their own pockets, including the Navajo Nation, which has distributed more than $500,000.

Tribes are now seeking ways to recover the costs. At a meeting earlier this month, tribal leaders asked department officials whether they would be reimbursed.

"We don't know where the closure is," responded Associate Deputy Secretary Jim Cason, a political appointee responsible for security issues.

At the meeting, Elouise Cobell, the lead plaintiff in the Individual Indian Money (IIM) class action, accused the department of intentionally dragging its feet and using the shutdown as a form of retaliation. Department officials have denied the charge.

The amount of money the Interior has distributed, however, has been incredibly late. The first round of estimated payments worth $1.8 million went out February 22, more than 60 days after they were due in December, a government attorney admitted in court on March 15.

Also, delays at Bureau of Indian Affairs locations have cast doubt on claims the department made regarding the Integrated Resources Management System (IRMS), which processes lease payments to account holders. Department of Justice attorney told U.S. District Judge Royce Lamberth that more than $18 million has been made since January 22 but admitted some tribal members aren't getting their funds.

This information, along with other reports, has prompted plaintiffs' attorney Dennis Gingold to renew calls for judicial oversight of the computer systems. Special master Alan Balaran recommended such a move in his scathing report detailing numerous security holes but Lamberth hasn't acted on the suggestion.

In addition to the MMS system and IRMS, the Trust Fund Accounting System (TFAS) and the Social Service Administration System (SSAS), have been restarted with court permission. According to Bureau of Indian Affairs officials, the IRMS, TFAS and SSAS are operating on a "virtual private network" which allows the sharing of data across the country.

TFAS is an off-the-shelf commercial system which has been in operation since 1999 and is the only trust system the department claims to work successfully. The SSAS is not a trust fund system but does process payments to tribes and tribal members.

Relevant Links:
Indian Trust, Department of Interior - http://www.doi.gov/indiantrust
Indian Trust: Cobell v. Norton - http://www.indiantrust.com
Trust Reform, NCAI - http://130.94.214.68/main/pages/
issues/other_issues/trust_reform.asp

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