6 February 2002
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

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[Federal Register: February 6, 2002 (Volume 67, Number 25)]
[Notices]
[Page 5607-5608]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06fe02-82]

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DEPARTMENT OF THE INTERIOR


Office of Historical Trust Accounting; Historical Accounting of
Individual Indian Money Accounts: Collection of Documents Related to
Oil and Gas Production on Allotted Lands

AGENCY: Office of Historical Trust Accounting, Interior.

ACTION: Notice regarding records relating to indian allotted land and
individual indian money accounts.

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SUMMARY: Notice is hereby given that the Department of the Interior is
requesting that anyone who possesses records related to the Individual
Indian Money (IIM) trust funds to notify the Department, and to
preserve and maintain such records indefinitely until further notice.
If preferred, such records custodians should contact the Office of
Historical Trust Accounting, 1951 Constitution Avenue, NW., MS 16 SIB,
Washington, DC, 20240, so that arrangements can be made for the
Department to take custody of such records. The purpose of this request
is to ensure that such records are not destroyed so that they may be
used to support an accounting of IIM trust funds. Generally, this
request applies to entities that have or had business with the
Department or individual Indians involving the payment of money for use
of or access to Indian allotted lands, and would include entities in
the oil and gas industry, the timber industry, farming and grazing
operations, financial institutions, public utilities (e.g., gas,
electric and telephone companies), Indian Tribes, other federal
agencies, state and local government archives, and non-governmental
depositories such as historical societies, and possibly others.
Relevant records would include any records which pertain to revenue
generated on Indian allotted land from 1887 to the present, revenue
generated due to Tribal judgment or per capita payments, and any other
records which pertain to IIM trust institutions, public utilities
(e.g., gas, electric and telephone companies), Indian Tribes, other
federal agencies, state and local government archives, and non-
governmental depositories such as historical societies, and possibly
others. This request is pursuant to the Department's duty to account
for trust funds held in IIM accounts.

FOR FURTHER INFORMATION CONTACT: Stephen Swanson, Project Coordinator,
Office of Historical Trust Accounting, 1951 Constitution Avenue, NW.,
MS 16 SIB, Washington, DC 20240, telephone 202/208-3405, or by
facsimile at 202/219-1139.

SUPPLEMENTARY INFORMATION: On December 21, 1999, the United States
District Court for the District of Columbia declared that the
Department must provide individual Indian Money (IIM) account holders
``an accurate accounting of all money in the IIM trust held in trust
for the benefit of [IIM account holders] without regard to when the
funds were deposited.'' Cobell v. Norton, 92 F.Supp.2d, 1, 58 (D.D.C.
1999). This accounting will include, at an appropriate level of detail,
an assessment of the accuracy of the balances in IIM accounts, reports
to individual beneficiaries of the money and real property held in
trust for their benefit, and reports to individual beneficiaries that
contain sufficient information to allow beneficiaries to determine
whether the trust has been faithfully performed. In furtherance of
accomplishing the overall duty to account, the District Court held that
the Department was in breach of a specific duty to have ``written
policies and procedures for collecting from outside sources missing
information necessary to render an accounting of the IIM trust[.]'' Id.
On appeal, the Court of Appeals for the District of Columbia Circuit
stated that written policies and procedures for the collection of such
records are ``necessary for the government to discharge its fiduciary

[[Page 5608]]

obligation'' to account for IIM trust funds. Cobell v. Norton, 240 F.3d
1081, 1105-06 (D.C. Cir, 2001).
    The Department is in the process of developing written policies and
procedures for the collection of such records. However, the Department
recognizes that it is important to reach out to non-Interior sources of
these records to encourage them to preserve and maintain them so that
they are available to support the accounting of IIM funds. The
Department will provide further guidance based upon the information
obtained from record custodians.

    Dated: February 1, 2002.
J. Steven Griles,
Deputy Secretary.
[FR Doc. 02-2931 Filed 2-1-02; 5:04 pm]
BILLING CODE 4310-02-P