It has been more than a decade since the Cobell class-action lawsuit was brought against the Secretary of the Interior, et al. In 1996, five named plaintiffs sued over the American Indian Trust Fund Management Reform Act of 1994 requirement to perform an accounting of trust funds. Litigation has been ongoing regarding parameters and methodology of the accounting required.

On Oct.10, 2007, as part of the lawsuit, opening arguments were heard in an evidentiary hearing on Interior’s May 2007 historical accounting plan. Judge James Robertson, who replaced Judge Royce Lamberth in December 2006, presided.

Interior presented witnesses in support of the Office of Historical Trust Accounting "Plan for Completing the Historical Accounting of Individual Indian Money Accounts" (2007 plan), which builds upon and replaces the Jan. 6, 2003, plan. The 2007 plan provides a reasonable, cost-effective means to produce accurate Historical Statement of Accounts in a timely manner, consistent with the requirements of the 1994 Act and within the funding parameters established by Congress.

After testimony concluded on Oct. 25, Robertson instructed counsel to submit proposed findings of fact and conclusions of law by Nov. 30, 2007. Robertson noted that he will issue his findings and conclusions as soon as he can after receiving their materials.

Transcripts of trial testimony are available on the U.S. Department of Justice Web site at www.usdoj.gov/civil/cases/cobell.