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With no clear end in sight for the Cobell v. Norton dispute, lawmakers are considering using legislation to resolve the case.

Richard W. Pombo, R-Calif., chairman of the House Resources Committee, said the lawsuit has taken on the characteristics of a blood feud and raised the question of whether it is time for Congress to legislate a solution to the lawsuit brought by a group of Native Americans seeking lost royalties from a trust fund.

"I, for one, do not think there is a clear end in sight to the litigation," Pombo said. "Both sides must realize there is a huge value in time savings alone if we clear this case up this year."

Testifying before the committee, James Carson, associate deputy secretary of the Interior Department, said that under current conditions, the lawsuit will take years of litigation and the only winners will be lawyers and accountants. According to Carson, the lawsuit has affected the entire department, and some offices remain disconnected from the Internet. U.S. District Judge Royce Lamberth had Interior's Internet connection severed after a hired hacker proved that Indian trust data and account information were subject to manipulation.

He said Interior employees fear involvement in the Indian Trust Fund case and dozens of employees are facing potential court charges. "Employees don't want to be associated with anything that is related to Cobell for fear that it will adversely affect their careers," Carson said. "It's too pervasive."

Carson said he would welcome a congressional settlement, despite the fact that any settlement will leave some unsatisfied. He would not give specifics on what the department would like to see in a such a settlement, but suggested that some form of cash settlements might resolve the issue.

A plan proposed by the department would cost about $335 million over five years to account for individual Indian Money accounts, but a method preferred by the plaintiffs and upheld by the U.S. District Court for the District of Columbia could cost $4 billion to $10 billion and take decades to complete. A December 2004 decision by the U.S. Court of Appeals for the District of Columbia has plunged the case into limbo because of procedural errors.

In an attempt to reach a settlement last year, co-mediators were appointed under congressional supervision, but no settlement was reached.

Keith Harper, an attorney for the plaintiffs, testified that his clients would welcome an immediate resolution if it were fair to the American Indians. He said the lawsuit has helped shine light on extraordinary injustices and abuses, but he would not reveal dollar amounts discussed in settlement negotiations.

More Power

The Office of Special Counsel received expanded authority last week to investigate claims involving re-employment rights for federal workers absent due to military service.

OSC will investigate the claims of federal workers with Social Security numbers ending in an odd-numbered digit under the Uniformed Services Employment and Reemployment Rights Act. Previously, OSC would only prosecute these cases after the Labor Department's Veterans Employment and Training Service did the investigation.

OSC spokeswomen Cathy Deeds said the new responsibilities for OSC are an attempt to relieve some of Labor's burden, especially with large demobilizations scheduled in the next year.

"It's for efficiencies' sake," Deeds said. "We're trying to help them out."

The change in jurisdiction is a demonstration project established by the 2004 Veterans Benefits Improvement Act. The new policy began Feb. 8, 2005, and ends Sept. 30, 2007.

The Veterans Employment and Training Service will continue to investigate claims if the worker's Social Security number ends with an even digit and the claim does not include a prohibited personnel practice allegation. Labor will continue to handle state and local government claims.

Bloch said in a statement that Congress was wise to make the temporary changes because of OSC's expertise in investigating and prosecuting prohibited personnel practices in the federal workplace.

"OSC proudly embraces its expanded role," Bloch said, "in enforcing [the law] for the benefit of all those brave service members who have served, are serving, and may be called to military service."

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