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B-118678 1 (1978-06-01)

handle is hein.gao/gaobachlk0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 ._, - FFICE OF GENERAL COUNSEL B-118 673 The onorable James W. oorman AssistAunt Attorny enraJ -7 Laed adS Natural Resources Divioion Department of Justice Wasbigto.a, D.C. 20530 Attontiont Veoi. T. Proto Appellate Section Dear Mr. Moorani This refers to your letter of May 15, 1978, (your reference NTP 90-1-18-177), askiag for our recouenndation ooncerndng the desirability of an appeal from the decision of the United State District Court for the District of Alaska In the cases of Kouai Peninsula 3orou h v. and State of Alaska v. Azmdtus at al., In which the Department appeared on behalf of this Office. As you know, the position of the State of Alaska irn this litigation was that our decision (Dtsposition of Receipts from Leases of Oil and Gas Rights Within the National Widlife Refuge Sgynt, 55 Comp. Gan. 117 (1975); aff'd on rocamsairation, t-118678, Juno 23, 1976) was wrong and, io addition, that we lakc*4 Jurisdiction to remder a decision in this matter. The decision by the District Court apes. ith the State on the merits, without resachiun the question of out jurisdiction. In asking that you represent us it this matter, our primary concern va with the attack on our jurisdiction. The Court did not rule adversely to us on that isue. However, us find nothinS in the Court's opinion which would cause us to ebanige our viev on the merits at the case and of course we have an interest in having our decieion sustained on. appeal, sie substantial benefits to the United States are iwvolved, The District Court's Interpretation usans that 90 percent of Incone from niual leases on reserved wildlife refuge lands in Alaska goes to the State wth 10 per- cent going to the United States, Ua4er the intarprotation adopted by the Department of the Interior and agreed to by this Office, 75 percent of that loaome wtild have been available to the United States, 16 U.S.C. d 713. 45 . . . . . . .- . . . . . . . .-. . .,.

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