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B-208583 1 (1982-09-27)

handle is hein.gao/gaobadkqt0001 and id is 1 raw text is: DECISION THE COMPTROLLER ENERAL OF THIS UNITED STATEU WASHINGTON, 13,0,0 20b4B FILE: B-208583 MATTER OF: r, I r- --rn a ULSte i;F DATE: September 27, 1982 Bureau of Indian Affairs: Procedures for collection of administrative fees from sales of Indian timber Under 25 U.S.C. 5 413, the Secretary of the Interior has broad discretion as to the deduction of administrative fees from the proceeds of crnercial sales of timber from Indian lands. Contrary to the opinion of the Solicitor of the Interior Dpartnent, there is no re- quirement that administrative fees be deducted in every instance in which public funds are expended. Onse- quently, Bureau of Indian Affairs procedures reducing administrative fees otherwise collectible by any amount the tribe involved agrees to expend for tint-er manage- mnt are not unlawful. The Chairman of the Subcomittee on Interior and lated Agencies, louse Comittee on Appropriations, has request&i: our opinion as to whether the Bureau of Indian Affairs has been acting in an unauthorized manner by depositing administrative fees wul- lected from sales of timber from tribal and allotted lands into Bureau accounts, and making such funds directly available for pay- ment of expenses relating to tribal forest managerent activities. This request follows a rezent legal opinion by the Solicitor of the Departmnt of the Interior, concluding Uiht the Butrtta's current procedures for handling administrative fees are inconsistent with 25 U.S.C..§ 413 (1976). 'at provision auttorizes the Secretary of the Interior to collect and dispose of administrative fees for work done for Indian tribes or individuals. The Solicitor has concluded that BIA's procedures anount to a diversion from the United States Treasury of funds collected to cover costs Fid for with public funds. WVe have examined the Bure .As procedures for collection and disposition of administrative fees in light of 25 U.S.C. § 413 and its legislative history, and conclude that t!ose procedures do not violate Ole applicable statutory requiremeni:-. A detailed discus- sion of the reasons for our conclusion follows. BACKGROUND Tn exercising its trust responsibilities for Indian lands, the Bureau of Indian Affairs manages (normally on a joint basis with the tribe or individual concerned) the development and comne.cial sale of tiiner from both allotted (individual) and unallotted (tribal) Indian lands. 25 U.S.C. §S 406-407, 466. Under 25 U.S.C. SS 406-407, the legislative authiority for conmcrcial sale of Indian

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