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![handle is hein.gao/gaobadjmn0001 and id is 1 raw text is:
DECISION
FILE: B-18352 ' DATE:June 22, 1981
MAT kE O 'Pyment Northern Paiute descendant excluded from
participation in distribution of judient funds
DIGEST:
Descendant of Northern Paiute Nation, who was inadvertently
omitted from payment roll when funds appropriated in satis-
faction of judgment in favor of Nation by Indian Claims
Commission were distributed, may not be paid sum equivalent
to his share of judgment from funds appropriated for aid to
tribal government. Congress specifically appropriated funds
to pay that award and no other funds approoriated to the
Department of the Interior are available for that purpose.
The claim is being referred to the Department of Justice
with the recommendation that it settle the claim to avoid
imminent litigation.
This action is in response to a request for an advance decision
by the Authorized Certifying Officer of the Phoenix Area Office, Bureau
of Indian Affairs (BIA), as to whether funds appropriated for aid to
tribal governments may be distributed to a Northern Paiute descendant
who was inadvertently omitted from the payment roll when funds appro-
priated in satisfaction of a judgment by the Indian Claims Commission
in favor of the Northern Paiute Nation were distributed. Because Con-
gress has already appropriated funds for payment of the judgment, and
these funds have been distributed in their entirety, we conclude that
the use of other funds, appropriated for another purpose, is
impermissible. p
The factual circumstances from which this claim arises are as
follows. The Indian Claims Commission awarded the Northern Paiute
Nation three judgments as compensation for land under Docket 87. The
first award, for $3,650,000, was rendered in favor of the Snake or
Paiute Indians of the Oregon area on July 3, 1961. See House Document
No. 229, 87th Congress, p. 19. A second award of $935,000, for and on
behalf of the Monos or Paiutes of Cwens Valley, and a third of
$15,790,000, for and on behalf of the Paviotso or Paiutes of Western
Nevada, were made on November 4, 1965. See House Document No. 393,
90th Congress, p. 48. Congress appropriated funds by the Act of
September 30, 1961 (75 Stat. 733) to satisfy the first judgment, and
by the Act of October 21, 1968 (82 Stat. 1190) to satisfy the latter
two. A plan for the use and distribution of the funds was prepared
by the Secretary of the Interior and submitted, with a letter dated
July 18, 1974, to the Congress, as required by the Act of October 19,
1973 (Pub. L. No. 93-134, 87 Stat. 466), codified at 25 U.S.C. § 1402.
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THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON. D. C. 20548
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