Ross O. Swimmer, special trustee for American Indians at the Interior Department, said it would not be the appropriate entity to take over the fund. Instead, it would be better left to the Navajo Nation or a nonprofit organization tasked specifically to manage the money.

'The Department is aware of the Navajo Nation's position expressing its desire to manage the trust and disburse funds to the Utah Navajo beneficiaries consistent with the current disbursement and percentages," Swimmer said. "The (Bureau of Indian Affairs) consistent with our government to government relationship with the Navajo Nation, acknowledges and respects the position of the Navajo Nation as it pertains to the Utah Navajo Trust Fund."

Joe Shirley, Navajo Nation president, expressed the desire to take over the fund, adding that from the committee's perspective it "is the only position consistent with the policy established by the United States Congress to recognize the sovereignty of the Navajo Nation and the right of the Navajo Nation to self-determination in matters which concern the nation's lands, resources and citizens."

Shirley said the Navajo Nation "has a proved record of acting as a trustee."

"The Navajo Nation manages and has successfully increased it own trust fund monies through the expert guidance of its Investment Committee and outside consultants," Shirley said.

But Davis Filfred, Navajo Utah Commission chairman and Aneth, Red Mesa and Mexican Water Chapters Council delegate, had concerns about the Navajo Nation taking over the fund. In particular, there is a fear that the Navajo Nation might change the allocation or beneficiaries of the trust.

"It is therefore important — and this is consistent with our position statement — that federal legislation maintains the status quo," Filfred said.

He said he would rather see the Utah Health System be the trustee rather than the Navajo Nation.

"Mismanagement has happened already in the past," Filfred said after the hearing. "They want to manage their own money," he said, referring to the people of Aneth.

But Clarence Rockwell, executive director of the Utah Navajo Commission, said the commission supports the Navajo Nation taking over the fund.

"It is imperative that the Utah Navajo Trust fund be grown and managed successfully not only to pay for needed expenditures in the short term, but for the benefit of future generations of Navajos in San Juan County as well," Rockwell said.

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E-mail: suzanne@desnews.com