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B-108439 1 (1978-04-03)

handle is hein.gao/gaobadtdt0001 and id is 1 raw text is: 



Uc       COMPTROLLER GENERAL OF THE UNITED STATES




   Ii -08439
                                                     APR 3 1978


       AssistAnt Dirctor, Financial
         Management
       ffice of Administration
       Bureau of Indian Affairs
       Departmt of the Interior
       Washington, D.C. 20240

       Gentlemen:

           These are our comments on proposed rules of the Bureau of Indian
(Affairs for the recognition of assignents by Regional Corporations of
       future interests in the Alaska Native Vutd. 43 Fed. Reg. 8557 (March 2,
       1978).

           The proposed rules wouUl appear as Part 113, Title 25, Code of
   Federal Regulations. They are intoned to implement subsection 31(a)
       of the Alaska Native Claims Settlement Act (ANCSA), as added by section

       4 of the act of November 15, 1977, Pub. L. go. 95-178, 91 Stat. 1369,
       1370, wbich provides:

                 Notwithstanding the provision of section 3477
           of the Revised Statutes, as amended (31 U.S.C. 203),
           the Secretary- is autborized to recognize valdly
           executed ,ssi&Ments made by Regional Corporations
           of their rights to receive payaents from the Alaska
           Native Fund. Such assigments shall only be recog-
           nixed to the extent that the Regional Corporation
           involved is not required to distribute funds pursuant
           to aubsection (J) or (z) of section 7 of this act.
           (Emphasis added.)

           As you know, pursuant to subsection 7(d) of ANCSA, 43 US.C.    1606(d)
       (Supp. V 1975), the Regional Corporations were incorporated under the laws
       of Alaska to conduct business for profit, and are generally subject to the
       lavs of the State of Alaska, except where such laws nay conflict with the
       provisions of ANCSA. 43 US.C. § 1606(p) (Supp, V 75); Alaska Statutes
       Supplement, 5 10.05.005. Under the laws of Alaska, certain assignments
       by a Regioual Corporation of its assignable future inttet in the
       Alaska Native Fund might well constitute pledges or other dispositions

       do

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