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B-198352 1 (1981-06-22)

handle is hein.gao/gaobabkbo0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL June 2?2, 1981 In Reply Refer To: B-198352 The Honorable Thomas S. Martin Acting Assistant Attorney General Civil Division U.S. Department of Justice Dear Mr. Martin: We are presenting for your consideration the claim of the heirs of Mr. Vernon Alvin Reibach, which was referred to us for settlement by the Bureau of Indian Affairs, Department of the Interior. The details of this claim are discussed in our decision of today, B-198352, copy enclosed, in which we held that the Department of the Interior could not pay this claim from funds appropriated to it for other purposes. However, since their attorneys have threatened to litigate this matter, you may wish to consider this claim under the provisions of 28 U.S.C. § 2414 and to enter into a compromise settlement with the claimants, Mr. Reibach's heirs. Briefly, the Indian Claims Commission awarded the Northern Paiute Nation three separate judgments as compensation for land taken from them. The Congress appropriated sufficient monies to pay these judgments. Pur- suant to a plan authorized by statute, the Secretary of the Interior pre- pared and approved a Northern Paiute descendant roll and distributed the entire appropriated amount (less certain litigation expenses) to the persons, or their heirs, on the roll. It was later determined that Mr. Reibach was erroneously excluded from the roll and that he was en- titled to his proprtionate share of the award. Since the sum appro- priated had already been distributed, we were asked to rule on whether Interior's approoriations could be used to pay Mr. Peibach's share. In our decision we note that the award was for a set amount in which all mem- bers of the Nation were to share equally and that Congress appropriated that amount to pay it. Our view is that this appropriation is the ex- clusive one available to pay this award and that since it is now exhausted, Interior is without funds available to pay this claim. We note, however, that Mr. Reibach's heirs have retained counsel and have threatened to bring suit if an administrative settlement in their favor is not reached. Since Mr. Reibach was entitled to share in the award and since Interior's erroneous exclusion of him from the rolls until after it distributed the full amount of the award was the cause of the 621736

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