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B-219235 1 (1986-04-29)

handle is hein.gao/gaobadmhl0001 and id is 1 raw text is: B-219235 THU COMPTROLLER GENERAL OP THU UNITED STATES WASHINGTON. O.C. 0548 DATE: April 29, 1986 MATTER OF: DIGEST: F ,1 OECISION FILE: Bureau of Indian Affairs Questions on Payments to Indians 1. Amounts received by an Indian as overpay- ment from an erroneous Indian probate proceed- ing distribution and which, together with accrued interest on overpayment, were with- drawn by the Indian in good faith but were subsequently recovered by the Interior Depart- ment from monies deposited in the Indian's Individual Indian Money account from an unrelated proceeding, may be returned to Indian overpaid. 2. Amounts received by an Indian as overpay- ment from an erroneous Indian probate pro- ceeding distribution and which, together with accrued interest on the overpayment, the Interior Department subsequently recovered from monies in the Indian's Individual Indian money account attributable to the same proceeding, may not be returned to Indian overpaid. 3. Consistent with general rule that Govern- ment cannot be charged interest without a specific waiver of sovereign immunity either in a statute, treaty, or contract, and deci- sions of this Office and the United States Claims Court strictly applying the rule, Gov- ernment cannot be charged interest on monies it pays to Indian notwithstanding Government breached its trust responsibilities to Indian. 4. Monies returned to Indian, which earlier were improperly recovered, should be repaid from the current lump-sum appropriation to the Bureau of Indian Affairs for Operation of Indian Programs. Since such repayment would not be improper or incorrect, there is no need for the disbursing officer to request relief under section 3527(c) of title 31 of the United States Code or for this Office to grant relief.

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