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B-236146 1 (1990-03-13)

handle is hein.gao/gaobablfo0001 and id is 1 raw text is: Comptroller General of the United Staes Washington, D.C. 20548 DO NOT MAKE AVAILABLE TO PUBUC READING FOR 30 DAYS B-236146 March 13, 1990 The Honorable Mike Synar Chairman, Subcommittee on Environment, Energy and Natural Resources House of Representatives Dear Mr. Chairman: This opinion responds to your letter, dated July 10, 1989, in which you raised several questions concerning a contract awarded by the Bureau of Indian Affairs (BIA) to the Security Pacific National Bank (Security Pacific), for various accounting and financial trust services.l/ Specifically, you asked whether BIA has authority to contract out for such services as cash collection and concentration, investment advice and assistance, and certain disbursement services. For the reasons set forth in this letter, it is our view that BIA has authority, as a general matter, to contract for such assistance, so long as it retains its managerial and fiduciary responsibilities with regard to the Indian trust funds. BACKGROUND The Secretary of the Interior is responsible for the management of Indian affairs. See 43 U.S.C. § 1457. See also 25 U.S.C. §§ la and 2. As such, the Secretary is the designated trustee on behalf of the tribal and individual beneficiaries of all Indian trust funds for which the United States is responsible. The Secretary has in turn delegated authority for management of the Indian trust funds to the Assistant Secretary-Indian Affairs, who carries out his trust management responsibilities through BIA. According to BIA, as of October 31, 1987, BIA was managing more than $1.8 I/ In an earlier letter, dated June 19, 1989, you raised several other questions concerning this contract. As your office agreed, we responded to your June 19 letter in two separate responses dated August 22, 1989, and September 28, 1989.

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