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THURSDAY, SEPTEMBER 12, 2002

The Department of Interior plans to lease a commercially viable plot of land in Oklahoma despite a state court ruling affirming the rights of a group of Indian beneficiaries.

An auction is set to take place tomorrow morning at a Bureau of Indian Affairs office in Ada, Oklahoma. According to a public notice, interested parties can seek a two-year lease on the property.

But last week, Judge D. Fred Doak, a probate judge handling the estate of a Choctaw Nation man who died more than 40 years ago, rejected an attempt by Secretary Gale Norton to assert jurisdiction over the case. In a short September 4 ruling, he said the descendants can decide what to do.

Court filings made on behalf of Norton, however, dispute that notion. Robert McCarthy, an Interior attorney based in Oklahoma, asked the court to let the BIA take control "in the best interests" of the landowners.

The BIA, he wrote in an August 29 filing, "has undertaken to lease the property pursuant to federal regulations and the federal trust responsibility."

According to McCarthy, the descendants have been unable to agree on the future of the property. Located in Oklahoma City, the land was allotted to Clifton Cass, whose heirs currently number around 30.

Timothy Heefner, an attorney who represents the estate on behalf of Frank Cass, the son of Clinton Cass, disputed the claim. In an interview, he said Doak's ruling gives the family to ability to "bring the most favorable lease" to the court.

Doak -- and not the BIA -- will ensure the descendants are protected, Heefner said.

The BIA's insistence on being involved has drawn criticism from the court, attorneys involved and other observers. At a proceeding in late August, Doak questioned why the Interior waited so long to act like a trustee.

Former assistant secretary Kevin Gover said the circumstances don't appear to warrant overriding the wishes of the individual Indians. "I can't imagine the BIA would do this," he said.

The majority of the heirs also oppose the BIA's presence and have come to an agreement with a company called Many Nations, LLC, to open a smoke shop. A casino was considered but doubts over its legality led the descendants to reconsider.

One vocal dissident to the process is Barry Cass, a grandson of Clifton Cass. In letters to BIA officials, he accused other family members of allowing the land to be exploited.

Under existing federal law, probate of members of the Five Civilized Nations of Oklahoma, which includes the Choctaw Nation, goes through the state court system. Federal law also imposes a 50 percent blood quantum requirement on allottees.

But Doak granted permission to Frank Cass to pursue a one-year lease. He plans to hold an October 10 hearing to consider whether the agreeement is "beneficial" to the heirs.

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