A-81364, NOVEMBER 24, 1936, 16 COMP. GEN. 520

A-81364, NOVEMBER 24, 1936, 16 COMP. GEN. 520

INDIAN SCHOOLS AND HOSPITALS IN ALASKA - DISPOSITION OF MISCELLANEOUS REVENUES MISCELLANEOUS REVENUES DERIVED FROM SCHOOLS CONDUCTED BY THE INDIAN SERVICE IN ALASKA, NOT REQUIRED BY EXISTING LAW TO BE OTHERWISE DISPOSED OF, MAY BE DEPOSITED INTO THE TREASURY TO THE CREDIT OF "INDIAN MONEYS, PROCEEDS OF LABOR," BUT REVENUES DERIVED FROM HOSPITALS OF THE INDIAN SERVICE IN ALASKA, UNLESS CONDUCTED AS AN ACTIVITY OF AN INDIAN RESERVATION, AGENCY, OR SCHOOL, ARE FOR DEPOSITING AS MISCELLANEOUS RECEIPTS.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, NOVEMBER 24, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 30, 1936, AS FOLLOWS:

UNDER DATE OF MARCH 16, 1931, THE ALASKA SCHOOL SERVICE AND THE ALASKA MEDICAL SERVICE, WHICH HAD HITHERTO BEEN UNDER THE ADMINISTRATION AND SUPERVISION OF THE OFFICE OF EDUCATION, WERE TRANSFERRED TO THE ADMINISTRATION AND SUPERVISION OF THE OFFICE OF INDIAN AFFAIRS. SINCE THAT DATE, THE SCHOOLS AND HOSPITALS FOR INDIANS AND ESKIMOS IN ALASKA HAVE BEEN ADMINISTERED ON THE SAME BASIS AS THE SCHOOLS AND HOSPITALS FOR INDIANS IN THE STATES. ONE EXCEPTION, HOWEVER, HAS BEEN THAT ALL MONEYS COLLECTED AT INDIAN SCHOOLS AND HOSPITALS IN ALASKA HAVE BEEN DEPOSITED INTO THE TREASURY AS "MISCELLANEOUS RECEIPTS.'

BY THE ACT OF MAY 1, 1936 (PUBLIC, NO. 538, 74TH CONGRESS), CERTAIN PROVISIONS OF THE INDIAN REORGANIZATION ACT OF JUNE 18, 1934 (48 STAT. 984), WERE MADE APPLICABLE TO INDIANS IN ALASKA. THE SOLICITOR FOR THE INTERIOR DEPARTMENT HAS HELD ON A NUMBER OF OCCASIONS THAT THE INDIANS AND ESKIMOS IN ALASKA ARE WARDS OF THE GOVERNMENT AND OCCUPY THE SAME GENERAL STATUS IN RELATION TO THE FEDERAL GOVERNMENT AS DO THE INDIANS OF THE STATES. THE SCHOOLS AND HOSPITALS IN ALASKA UNDER THE OFFICE OF INDIAN AFFAIRS ARE OPERATED FOR THE BENEFIT OF THE INDIANS AND ESKIMOS; THERE IS A SEPARATE SYSTEM OF SCHOOLS IN ALASKA UNDER TERRITORIAL SUPERVISION FOR THE BENEFIT OF WHITE CHILDREN. THE SCHOOLS AND HOSPITALS UNDER THE OFFICE OF INDIAN AFFAIRS IN ALASKA AT WHICH COLLECTIONS ARE MADE, AS REFERRED TO ABOVE, ARE DISTINCTLY INDIAN SCHOOLS AND INDIAN HOSPITALS. FOR THIS REASON, IT IS BELIEVED THAT THE ACT OF MAY 17, 1926, IS APPLICABLE TO THEM.

IN VIEW OF THE FOREGOING, YOUR OPINION IS REQUESTED AS TO WHETHER OR NOT COLLECTIONS OF REVENUE MADE AT INDIAN SCHOOLS AND HOSPITALS IN ALASKA ARE SUBJECT TO DISPOSITION UNDER THE PROVISIONS OF THE ACT OF MAY 17, 1926 (44 STAT. 560), WHICH AUTHORIZES THE DEPOSIT INTO THE TREASURY UNDER THE CAPTION "INDIAN MONEYS, PROCEEDS OF LABOR," OF ALL MISCELLANEOUS REVENUES DERIVED FROM INDIAN RESERVATIONS, AGENCIES, AND SCHOOLS, NOT REQUIRED TO BE DISPOSED OF OTHERWISE BY EXISTING LAW.

SECTION 1 OF THE CITED ACT OF MAY 17, 1926, 44 STAT. 560, PROVIDES AS FOLLOWS:

THAT HEREAFTER ALL MISCELLANEOUS REVENUES DERIVED FROM INDIAN RESERVATIONS, AGENCIES, AND SCHOOLS, WHICH ARE NOT REQUIRED BY EXISTING LAW TO BE OTHERWISE DISPOSED OF, SHALL BE COVERED INTO THE TREASURY OF THE UNITED STATES UNDER THE CAPTION "INDIAN MONEYS, PROCEEDS OF LABOR," AND ARE HEREBY MADE AVAILABLE FOR EXPENDITURE, IN THE DISCRETION OF THE SECRETARY OF THE INTERIOR, FOR THE BENEFIT OF THE INDIAN TRIBES, AGENCIES, AND SCHOOLS ON WHOSE BEHALF THEY ARE COLLECTED, SUBJECT, HOWEVER, TO THE LIMITATIONS AS TO TRIBAL FUNDS, IMPOSED BY SECTION 27 OF THE ACT OF MAY 18, 1916 (THIRTY-NINTH STATUTES AT LARGE, PAGE 159).

IN VIEW OF THE PROVISIONS OF SECTION 3 OF THE ACT OF AUGUST 24, 1912, 37 STAT. 512, DECLARING THAT THE CONSTITUTION OF THE UNITED STATES AND ALL THE LAWS THEREOF WHICH ARE NOT LOCALLY INAPPLICABLE SHALL HAVE THE SAME FORCE AND EFFECT WITHIN THE TERRITORY OF ALASKA AS ELSEWHERE IN THE UNITED STATES, THE PROVISIONS OF THE 1926 ACT ARE APPLICABLE IN ALASKA TO THE EXTENT THERE ARE IN THE TERRITORY INDIAN RESERVATIONS, AGENCIES, AND SCHOOLS UNDER THE JURISDICTION OF THE SECRETARY OF THE INTERIOR.

AS STATED IN YOUR LETTER, THE OFFICE OF INDIAN AFFAIRS SINCE 1931 HAS ADMINISTERED THE SCHOOLS AND HOSPITALS CONDUCTED IN ALASKA FOR THE BENEFIT OF THE NATIVES UNDER THE ANNUAL APPROPRIATIONS PROVIDING FOR SUPPORT AND EDUCATION, MEDICAL AND SANITARY RELIEF OF THE ESKIMOS, ALEUTS, INDIANS, AND OTHER NATIVES OF ALASKA. BUT THE LANGUAGE OF SAID ANNUAL APPROPRIATIONS SPECIFICALLY RECOGNIZES THE COMMONLY ACCEPTED DISTINCTION BETWEEN THE INDIANS AND THE VARIOUS OTHER NATIVE RACES IN ALASKA, EACH OF WHICH INHABITS, TO A CERTAIN EXTENT, A DISTINCT REGION WITHIN THE TERRITORY. WHILE SECTION 13 OF THE INDIAN REORGANIZATION ACT OF JUNE 18, 1934, 48 STAT. 984, AND SECTION 1 OF THE ACT OF MAY 1, 1936, 49 STAT. 1250, PROVIDE THAT CERTAIN SECTIONS OF THE REORGANIZATION ACT SHALL APPLY TO ALASKA, AND SECTION 19 OF THE REORGANIZATION ACT PROVIDES THAT FOR THE PURPOSES OF THAT ACT ESKIMOS AND OTHER ABORIGINAL PEOPLES OF ALASKA SHALL BE CONSIDERED INDIANS, SUCH PROVISIONS CANNOT OPERATE TO FIX THE STATUS OF ESKIMOS AND OTHER NON-INDIAN NATIVES OF ALASKA AS INDIANS WITHIN THE PURVIEW OF OTHER LAWS.

HOWEVER, IN VIEW OF THE FACT THAT EACH OF THE SCHOOLS CONDUCTED BY THE INDIAN SERVICE IN ALASKA IS OPEN TO (NONWHITE) NATIVES OF WHATEVER RACE, INCLUDING INDIANS, AND OF THE APPARENT INTENT OF THE ACT OF MAY 17, 1926, TO EXTEND THE AUTHORITY THEREIN GRANTED TO ALL ACTIVITIES OF THE INDIAN SERVICE OF THE CLASSES THEREIN ENUMERATED, SAID ACT PROPERLY MAY BE TAKEN AS AUTHORITY FOR DEPOSITING THE MISCELLANEOUS REVENUES DERIVED FROM SUCH SCHOOLS IN ALASKA AND NOT REQUIRED BY EXISTING LAW TO BE OTHERWISE DISPOSED OF, INTO THE TREASURY TO THE CREDIT OF "INDIAN MONEYS, PROCEEDS OF LABOR.'

WHAT HAS BEEN SAID ABOVE WITH REFERENCE TO SCHOOLS HAS NO APPLICATION TO THE QUESTION OF PROPER DISPOSITION OF REVENUES OF HOSPITALS CONDUCTED BY THE INDIAN SERVICE IN ALASKA. THE ACT OF MAY 17, 1926, HAS TO DO ONLY WITH "INDIAN RESERVATIONS, AGENCIES, AND SCHOOLS" AND SINCE THE PROVISIONS OF THE ACT CONSTITUTE A LIMITATION ON THE REQUIREMENTS OF SECTIONS 3617 AND 3618, REVISED STATUTES, FOR THE DEPOSIT OF MONEYS RECEIVED FOR THE USE OF THE UNITED STATES INTO THE TREASURY AS MISCELLANEOUS RECEIPTS, SAID PROVISIONS ARE NOT APPLICABLE TO HOSPITALS OTHER THAN THOSE CONDUCTED ON OR IN CONNECTION WITH AN INDIAN RESERVATION, AGENCY, OR SCHOOL. IN THIS CONNECTION IT IS UNDERSTOOD THAT THE INDIAN AGENCY SYSTEM DOES NOT EXIST IN ALASKA AND THAT, WITH A FEW EXCEPTIONS, THERE ARE NO INDIAN RESERVATIONS IN THE TERRITORY, ALTHOUGH SECTION 2 OF THE ACT OF MAY 1, 1936, SUPRA, AUTHORIZES YOU TO DESIGNATE CERTAIN AREAS IN ALASKA AS INDIAN RESERVATIONS.

ACCORDINGLY, IT MUST BE HELD THAT THE REVENUES OF HOSPITALS OF THE INDIAN SERVICE IN ALASKA NOT CONDUCTED AS AN ACTIVITY OF AN INDIAN RESERVATION, AGENCY, OR SCHOOL SHOULD CONTINUE TO BE DEPOSITED AND COVERED INTO THE TREASURY AS MISCELLANEOUS RECEIPTS.