A-81364, JULY 31, 1939, 19 COMP. GEN. 122

A-81364, JULY 31, 1939, 19 COMP. GEN. 122

ALASKA - INDIAN HOSPITALS - DISPOSITION OF MISCELLANEOUS REVENUES WHERE A HOSPITAL IS LOCATED ON A RESERVATION DESIGNATED IN ALASKA UNDER SECTION 2 OF THE ACT OF MAY 1, 1936, 49 STAT. 1250, IT MAY BE CONSIDERED AS A HOSPITAL ON AN INDIAN RESERVATION AND THE PROCEEDS ACCRUING FROM THE HOSPITAL DEPOSITED TO THE CREDIT OF " INDIAN MONEYS, PROCEEDS OF LABOR" IN ACCORDANCE WITH SECTION 1 OF THE ACT OF MAY 17, 1926, 44 STAT. 560, BUT TRACTS WITHDRAWN AND RESERVED IN ALASKA FOR SCHOOL, HOSPITAL, OR OTHER PURPOSES, PURSUANT TO THE ACT OF MAY 31, 1938, 52 STAT. 593, ARE NOT " INDIAN RESERVATIONS" FOR REVENUE DEPOSIT PURPOSES OF THE SAID ACT OF MAY 17, 1926. 16 COMP. GEN. 520, AMPLIFIED.

COMPTROLLER GENERAL BROWN TO THE SECRETARY OF THE INTERIOR, JULY 31, 1939:

I HAVE YOUR LETTER OF JULY 14, 1939, AS FOLLOWS:

THIS IS WITH REFERENCE TO YOUR DECISION, A-81364, DATED NOVEMBER 24, 1936 (16 COMP. GEN. 520), IN WHICH IT WAS HELD THAT COLLECTIONS OF REVENUE MADE AT HOSPITALS UNDER 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.

MOST OF THE INDIAN SERVICE HOSPITALS IN ALASKA ARE LOCATED ON LAND SET ASIDE BY EXECUTIVE ORDERS AS RESERVES FOR THE USE OF THE NATIVES OF ALASKA. THE WORDING OF THESE EXECUTIVE ORDERS IS NOT EXACTLY ALIKE IN ALL INSTANCES, BUT GENERALLY SPEAKING THE LAND IS SET ASIDE FOR THE USE OF THE NATIVES ( INDIANS, ESKIMOS, AND ALEUTS) AND FOR THE USE OF THE BUREAU OF EDUCATION (FORMERLY IN CHARGE) OR THE OFFICE OF INDIAN AFFAIRS IN CARRYING ON EDUCATIONAL, MEDICAL, AND REINDEER ACTIVITIES IN ALASKA FOR THE BENEFIT OF THE NATIVES.

YOUR DECISION ON NOVEMBER 24, 1936, REFERS TO THE FACT THAT UNDER SECTION 2 OF THE ACT OF MAY 1, 1936, THE SECRETARY OF THE INTERIOR HAS AUTHORITY TO DESIGNATE CERTAIN AREAS IN ALASKA AS INDIAN RESERVATIONS. SINCE THE DATE OF YOUR DECISION, CONGRESS PASSED THE ACT OF MAY 31, 1938, AUTHORIZING THE SECRETARY OF THE INTERIOR TO RESERVE SMALL TRACTS OF LAND NOT TO EXCEED 640 ACRES EACH OF THE PUBLIC DOMAIN IN ALASKA FOR SCHOOLS, HOSPITALS, AND OTHER PURPOSES.

YOUR OPINION IS REQUESTED AS TO WHETHER COLLECTIONS AT INDIAN SERVICE HOSPITALS IN ALASKA MAY BE DEPOSITED INTO THE TREASURY PURSUANT TO THE ACT OF MAY 17, 1926 (44 STAT. 560):

1. WHERE THE HOSPITAL IS LOCATED ON LAND SET ASIDE BY EXECUTIVE ORDER AS A RESERVE.

2. WHERE THE HOSPITAL IS LOCATED ON LAND WHICH IS WITHDRAWN AND PERMANENTLY RESERVED BY THE SECRETARY OF THE INTERIOR UNDER THE ACT OF MAY 31, 1938.

THE ACT OF MAY 31, 1938, 52 STAT. 593, PROVIDES:

THAT THE SECRETARY OF THE INTERIOR BE, AND HE IS HEREBY, AUTHORIZED, IN HIS DISCRETION, TO WITHDRAW AND PERMANENTLY RESERVE SMALL TRACTS OF LAND NOT TO EXCEED SIX HUNDRED AND FORTY ACRES EACH OF THE PUBLIC DOMAIN IN ALASKA FOR SCHOOLS, HOSPITALS, AND SUCH OTHER PURPOSES AS MAY BE NECESSARY IN ADMINISTERING THE AFFAIRS OF THE INDIANS, ESKIMOS, AND ALEUTS OF ALASKA: PROVIDED, THAT SUCH WITHDRAWALS SHALL BE SUBJECT TO ANY VALID EXISTING RIGHTS.

SECTION 2 OF THE ACT OF MAY 1, 1936, 49 STAT. 1250, PROVIDES:

THAT THE SECRETARY OF THE INTERIOR IS HEREBY AUTHORIZED TO DESIGNATE AS AN INDIAN RESERVATION ANY AREA OF LAND WHICH HAS BEEN RESERVED FOR THE USE AND OCCUPANCY OF INDIANS OR ESKIMOS BY SECTION 8 OF THE ACT OF MAY 17, 1884 (23 STAT. 26), OR BY SECTION 14 OR SECTION 15 OF THE ACT OF MARCH 3, 1891 (26 STAT. 1101), OR WHICH HAS BEEN HERETOFORE RESERVED UNDER ANY EXECUTIVE ORDER AND PLACED UNDER THE JURISDICTION OF THE DEPARTMENT OF THE INTERIOR OR ANY BUREAU THEREOF, TOGETHER WITH ADDITIONAL PUBLIC LANDS ADJACENT THERETO, WITHIN THE TERRITORY OF ALASKA, OR ANY OTHER PUBLIC LANDS WHICH ARE ACTUALLY OCCUPIED BY INDIANS OR ESKIMOS WITHIN SAID TERRITORY: PROVIDED, THAT THE DESIGNATION BY THE SECRETARY OF THE INTERIOR OF ANY SUCH AREA OF LAND AS A RESERVATION SHALL BE EFFECTIVE ONLY UPON ITS APPROVAL BY THE VOTE, BY SECRET BALLOT, OF A MAJORITY OF THE INDIAN OR ESKIMO RESIDENTS THEREOF WHO VOTE AT A SPECIAL ELECTION DULY CALLED BY THE SECRETARY OF THE INTERIOR UPON THIRTY DAYS' NOTICE: PROVIDED, HOWEVER, THAT IN EACH INSTANCE THE TOTAL VOTE CAST SHALL NOT BE LESS THAN 30 PERCENTUM OF THOSE ENTITLED TO VOTE: PROVIDED FURTHER, THAT NOTHING HEREIN CONTAINED SHALL AFFECT ANY VALID EXISTING CLAIM, LOCATION, OR ENTRY UNDER THE LAWS OF THE UNITED STATES, WHETHER FOR HOMESTEAD, MINERAL, RIGHT-OF- WAY, OR OTHER PURPOSE WHATSOEVER, OR SHALL AFFECT THE RIGHTS OF ANY SUCH OWNER, CLAIMANT, LOCATOR, OR ENTRYMAN TO THE FULL USE AND ENJOYMENT OF THE LAND SO OCCUPIED.

AN AREA OF NOT EXCEEDING 640 ACRES WITHDRAWN AND RESERVED FOR SCHOOL, HOSPITAL, OR OTHER PURPOSES PURSUANT TO THE ACT OF MAY 31, 1938, SUPRA, WOULD NOT CONSTITUTE SUCH A TRACT AN " INDIAN RESERVATION" WITHIN THE PURVIEW OF SECTION 1 OF THE ACT OF MAY 17, 1926, 44 STAT. 560. HOWEVER, RESERVATIONS DESIGNATED PURSUANT TO SECTION 2 OF THE ACT OF MAY 1, 1936, SUPRA, ARE IPSO FACTO INDIAN RESERVATIONS AND, ACCORDINGLY, WHERE A HOSPITAL IS LOCATED ON A RESERVATION DESIGNATED PURSUANT TO THE ACT OF MAY 1, 1936, IT MAY BE CONSIDERED AS A HOSPITAL ON AN INDIAN RESERVATION AND, UNDER SUCH CIRCUMSTANCES, THE PROCEEDS ACCRUING FROM THE HOSPITAL WOULD BE FOR DEPOSIT TO THE CREDIT OF " INDIAN MONEYS, PROCEEDS OF LABOR," IN ACCORDANCE WITH SECTION 1 OF THE ACT OF MAY 17, 1926.