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IICISION
FILE; B-201971
DATE;
9
March 19, 1982
MATTER OF: Participation of Special Indian Trust Funds in
Interior Department's Merit Pay System Pool
DIGEST:
Bureat of Indian Affairs (BlA)* fepartfent of the Interior,
questions whether certaih special Indian trust funds it
administers may participate in the Department'serit pay
system pool-where small amounts of the special funds are
cormingled with appropri ted funds, Although the special
funds are derived fr6m the sale of Indian resources, tribal
fuds and the operation of irrigation and power projects,
they are appropriated either by their terms on a permanent
basis or in annual appropriations acts and are available
fct; the salaries and expenses of employees whose services
benefit them. Trust nature of funds creates no legal im-
pediment to the commingling of small amounts of funds with
other appropriated funds in a merit pay system pool because
merit pay withholdings are part of statutorily authorized
compensation package.
lIe Assistant SecretCary for Policy, Budget, and Adminintration,
Department of the Interior, requests our opinion-on an issue that has
arisen in implementing the MeritPay System contained in 5 USC. 5 5401
et so, within the Departrrent. The Bureau ofIndian Affairs, an organi-
iational element of the Department, tdmi iscers several special funds
for the benefit of ceetain Indians. These funds are derived from Indian
owned resources or Indian labor. The Assistant Secretary ,uestions
whether these special funds can be legally commingled wit-Y the Bureau's
regular appropriated funds for the purpose of forming a merit pay fund
pool. We perceive no legal impediment to comingling these funds.
,Under the Merit Pay System, Federal managers arid sbpervlsors in
grades GS-13 through 15 compete for financial rewards given to those
with the highest rated job performances. The funds that would normally
have been used to grant these managers and superVisors within grade and
qulity istep increases, as well as up to one half the annual compara-
bility increase under the pre-me'it pay system, are withheld. Prior to
the beginning of each fiscal year, these withheld funds are withdrawn
from each separate appropriatioi available to the agency for personnel
salaries and placed in a merit pay system pool. Selected managers and
supervisors are awarded merit pay out of, this pool. See our decision
Matter of Funding the Merit Pay System under the Civil Service ]Reform
Act, B-195775, September 10, 1979.
The Department of the Interior has described three funds that are
representative of the special Indian funds, which are (1) Indian moneys,
proceeds of labor; (2) tribal funds; and (3) funds derived from the
operation of an !rrigatton and power system.
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