About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-108439 1 (1978-04-13)

handle is hein.gao/gaobadfwx0001 and id is 1 raw text is: DECISION ,-. A1 . *.0 5 FILE:: B-108439 THE CIMTROLL.IER GENERAL OP THE UNITED STATES WASHINGTON. D.C. 2054a DATE: A'ril 13, 3978 MATTER OF: Investment of funds appropriated to Alaska Native Fund. Moneys appropriated to liquidate claims of Alaska nativen pursuant to Alaska Native Claims Settlement Act are not Indian tribal trust funds, subject to the provisions of 25 U.S.C. IS 161a and 162a fo. earning interest and invest- ment by the Secretary of the Interior, until they are actually transferred to the Alaska Native Fund. See- tion 5 of the Omnibus Act, Pub. L. No. 94-204, is applicable only to moneys already in the Fund but not yet distribuzed. In accordance with section 38 of the Fiscal Year Adjustment Act, transfer to the Fund can take plaice no earlier than July 1 of each fiscal year. Accordingly, the Department of the Interior has no authority to invest funds appropriated on behalf of tha Alaska Native Fund from October 1 though June 30 of each year. Moneys earned from such investments to date should be returned to the Treasury as miscellaneous receipts rursuant to 31 U.S.C. 5 484. Our Office has been requested by the Deputy Solicitor of the Department of the Interior to decide whether the Secretary of-the Interior it authorized to distribute to the Alaska Native Regional Corporations on September 30, 1977, approximately $1.5 million in interest earned between October 1, 1976, and June 30, 1977, from the investment of $30 million appropriated for transfer to the Alaska Native Fund-,(Fund). and ultimately for distribution to Alaska natives under the terms of the Alaska Native Claims Settlement Act (Act), as amended. 43 U.S.C. f 1601 et seq. (hupp. V, 1975). The sum invested was appropriated pursuant to the 1977 Interior Department Appropriation Act (Pub. L. No. 94-373, 90 Stat. 1051 (July 31, 1976)). Under the terms of Section 38 of the Fiscal Year Adjustment Act, Pub. L.No. 94-273, April 21, 1976, 90 Stat. 375, 380-381, thbse monies were to be transferred from the general fund of the Treasry into the Settlement Fund in the fourth quarter of the fiscal year (i.e., on July 1, 1977). On October 1, 1976, the Interior Department received a warrant for the $30 million appro- priation from the Department of the Treasury. Thereupon, the sub- mission advises us, Rather than permit the $30 million to lie in - 1- DIGEST:

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most