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AFMD-93-84R 1 (1993-06-04)

handle is hein.gao/gaobackii0001 and id is 1 raw text is: 


              o United States
G A O         General Accounting Office
              Washington, D.C. 20548

              Accounting and Financial
              Management Division

              B-253474
                                                            149286

              June 4, 1993

              The Honorable Daniel K. Inouye
              Chairman, Committee on Indian Affairs
              United States Senate

              Dear Mr. Chairman:

              This responds to your May 7, 1993, request for our views on the Department of the
              Interior's proposal to delete from its fiscal year 1994 appropriation act the provision
              which tolls (freezes) the statute of limitations on tribal and individual Indian claims
              against the United States arising from the Bureau of Indian Affairs' (BIA)
              management of tribal and individual Indian trust funds. This language has been
              included in Interior's appropriation acts for many years and, in our view, should be
              included in its fiscal year 1994 appropriation act.
              The provision tolls the statute of limitations on tribal and individual Indian claims
              until the affected tribe or individual Indian has been furnished with the accounting
              of such funds from which the beneficiary (accountholder) can determine whether
              there has been a loss. The parties envisioned that such an accounting would result
              from BIA's current, ongoing reconciliation and audit of the tribal and individual
              Indians' trust fund accounts, which the Congress mandated in Interior's fiscal year
              1988 appropriation act. However, this reconciliation and audit, which began in 1992
              after an initial scoping effort, is far from complete.

              Tolling the statute of limitations until reconciliation and audit of an account is
              completed, or until some mutually acceptable agreement is reached as to the account
              balance, has two overall purposes. First, it provides all interested parties, including
              accountholders, BIA, and the Congress, an opportunity to examine and evaluate all
              pertinent account information. Second, it permits interested parties to attempt to
              resolve all claims arising from BIA's management of the accounts--taking into
              consideration the practical limitations on the scope of the reconciliation, such as the
              loss of critical records--rather than addressing specific claims in a piecemeal fashion.




                                               GAO/AFMD-93-84R BIA Appropriation Language



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