A-16068, OCTOBER 29, 1926, 6 COMP. GEN. 307

A-16068: Oct 29, 1926

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AN INDIAN TRIBAL CONTRACT WAS ENTERED INTO BETWEEN A COMMITTEE OF FIVE INDIANS REPRESENTING THE KIOWA. WHEREIN IT WAS PROVIDED SUBSTANTIALLY THAT THE DUTY OF THE PARTY OF THE SECOND PART WAS TO REPRESENT THE PARTIES OF THE FIRST PART BEFORE THE COMMITTEES OF CONGRESS OR ANY DEPARTMENT. IT WAS FURTHER PROVIDED THAT: "IN CONSIDERATION OF THE SERVICES TO BE RENDERED UNDER THE TERMS OF THIS CONTRACT THE PARTY OF THE SECOND PART SHALL RECEIVE SUCH COMPENSATION AS SHALL BE DETERMINED BY THE SECRETARY OF THE INTERIOR ON A QUANTUM MERUIT FOR THE SERVICES RENDERED. THIS CONTRACT WAS ENTERED INTO PURSUANT TO SECTIONS 2103. 2106 OF THE REVISED STATUTES OF THE UNITED STATES AND WAS APPROVED BY THE DEPARTMENT OF THE INTERIOR OCTOBER 12.

A-16068, OCTOBER 29, 1926, 6 COMP. GEN. 307

INDIAN FUNDS - ATTORNEY'S FEES - PROCEEDS OF RED RIVER OIL LANDS AS PUBLIC RESOLUTION NO. 36 OF JUNE 12, 1926, 44 STAT. 740, DIRECTED THE ESTABLISHMENT OF A TRUST FUND FOR THE BENEFIT OF THE ENROLLED MEMBERS OF THE KIOWA, COMANCHE, AND APACHE TRIBES OF INDIANS, FROM CERTAIN OF THE FUNDS DERIVED FROM THE SOUTH HALF OF THE RED RIVER IN OKLAHOMA, SUCH FUNDS MAY NOT BE EXPENDED WITHOUT SPECIFIC AUTHORITY OF CONGRESS AND NO PORTION THEREOF MAY BE USED AT THIS TIME FOR THE PAYMENT OF FEES TO ATTORNEYS FOR THEIR SERVICES IN REPRESENTING THE INDIANS BEFORE CONGRESS UNDER CONTRACT FOR A CONTINGENT FEE TO BE PAID FROM ANY FUNDS OR PROPERTY GRANTED THE INDIANS BY CONGRESS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, OCTOBER 29, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 19, 1926, READING IN PART AS FOLLOWS:

ON JULY 11, 1923, AN INDIAN TRIBAL CONTRACT WAS ENTERED INTO BETWEEN A COMMITTEE OF FIVE INDIANS REPRESENTING THE KIOWA, COMANCHE, AND APACHE INDIANS OF OKLAHOMA, PARTY OF THE FIRST PART, AND JOHN A. FAIN, PARTY OF THE SECOND PART, WHEREIN IT WAS PROVIDED SUBSTANTIALLY THAT THE DUTY OF THE PARTY OF THE SECOND PART WAS TO REPRESENT THE PARTIES OF THE FIRST PART BEFORE THE COMMITTEES OF CONGRESS OR ANY DEPARTMENT, BUREAU, COMMISSION OF THE UNITED STATES, OR ANY OFFICER OR TRIBUNAL THEREOF, IN THE EFFORT AND UNDERTAKING TO SECURE LEGISLATION BY CONGRESS GRANTING TO SAID TRIBES THE SOUTH HALF OF RED RIVER IN OKLAHOMA LYING BETWEEN THE MOUTH OF THE NORTH FORK OF RED RIVER ON THE WEST AND THE 98TH MERIDIAN ON THE EAST, AND BETWEEN THE MEDIAL LINE OF RED RIVER ON THE NORTH AND THE BOUNDARY LINE BETWEEN OKLAHOMA AND TEXAS ON THE SOUTH, TOGETHER WITH ALL MINERAL RIGHTS THEREUNTO BELONGING OR PERTAINING. IT WAS FURTHER PROVIDED THAT:

"IN CONSIDERATION OF THE SERVICES TO BE RENDERED UNDER THE TERMS OF THIS CONTRACT THE PARTY OF THE SECOND PART SHALL RECEIVE SUCH COMPENSATION AS SHALL BE DETERMINED BY THE SECRETARY OF THE INTERIOR ON A QUANTUM MERUIT FOR THE SERVICES RENDERED--- SUCH COMPENSATION TO BE CONTINGENT AND TO BE PAID FROM ANY FUNDS OR PROPERTY THAT MAY BE RECOVERED FOR THE SAID TRIBES OR GRANTED TO THEM BY ACTION OF CONGRESS IN CONNECTION WITH THE CLAIM OF THE PARTIES OF THE FIRST PART TO THE BED OF THE RED RIVER AS HEREIN SET OUT.'

THIS CONTRACT WAS ENTERED INTO PURSUANT TO SECTIONS 2103, 2104, 2105, AND 2106 OF THE REVISED STATUTES OF THE UNITED STATES AND WAS APPROVED BY THE DEPARTMENT OF THE INTERIOR OCTOBER 12, 1923. SUBSEQUENTLY MR. FAIN ASSIGNED A TWO-FIFTHS INTEREST IN HIS CONTRACT WITH THE INDIANS TO HONORABLE T. P. GORE, WHICH ASSIGNMENT WAS APPROVED BY THE DEPARTMENT JUNE 22, 1926. IN PURSUANCE OF THE FOREGOING CONTRACT AND ASSIGNMENT MR. FAIN AND HIS ASSOCIATE RENDERED LEGAL SERVICES TO THE INDIAN TRIBES HERETOFORE INDICATED FOR A PERIOD OF APPROXIMATELY TWO YEARS AND EIGHT MONTHS.

PUBLIC RESOLUTION NO. 36, 69TH CONGRESS (44 STATS. AT LARGE 740), AUTHORIZING THE SECRETARY OF THE INTERIOR TO ESTABLISH A TRUST FUND FOR THE KIOWA, COMANCHE, AND APACHE INDIANS IN OKLAHOMA AND MAKING PROVISION FOR THE SAME, WAS APPROVED BY THE PRESIDENT JUNE 12, 1926, AND READS AS FOLLOWS:

"RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE SECRETARY OF THE INTERIOR IS AUTHORIZED AND DIRECTED TO SET ASIDE AND ADMINISTER AS A TRUST FUND FOR THE BENEFIT OF THE ENROLLED MEMBERS OF THE KIOWA, COMANCHE, AND APACHE TRIBES OF INDIANS AND THEIR UNALLOTTED CHILDREN IN OKLAHOMA THAT PART OF ANY MONEYS RECEIVED OR TO BE RECEIVED UNDER THE ACT APPROVED MARCH 4, 1923 (FORTY-SECOND STATUTES AT LARGE, PAGE 1448), AND ANY ACT THEREBY ADOPTED OR MADE APPLICABLE, DERIVED FROM THE SOUTH HALF OF RED RIVER IN OKLAHOMA WHICH INURES TO THE FEDERAL GOVERNMENT BY VIRTUE OF THE DECISION OF THE SUPREME COURT OF THE UNITED STATES IN THE SUIT OF THE STATE OF OKLAHOMA VERSUS THE STATE OF TEXAS, WHICH DECISION WAS RENDERED MAY 1, 1922, BEING THE ENTIRE AMOUNT RECEIVED FROM THIS SOURCE, EXCEPT SUCH PART AS MAY HAVE BEEN AWARDED TO SUCCESSFUL CLAIMANTS UNDER SAID ACT APPROVED MARCH 4, 1923 (FORTY-SECOND STATUTES AT LARGE, PAGE 1448), AND EXCEPT 37 1/2 PERCENTUM OF THE ROYALTIES DERIVED FROM SUCH SOURCE, WHICH SHALL BE PAID TO THE STATE OF OKLAHOMA IN LIEU OF ALL STATE AND LOCAL TAXES UPON SAID TRIBAL FUNDS AND SHALL BE EXPENDED BY THE STATE IN THE SAME MANNER AS IF RECEIVED UNDER SECTION 35 OF THE ACT APPROVED FEBRUARY 25, 1920 (FORTY FIRST STATUTES AT LARGE, PAGE 437).

"SEC. 2. THE SECRETARY OF THE INTERIOR IS AUTHORIZED TO ADMINISTER AND DISBURSE THE MONEYS WHICH ARE HEREBY APPROPRIATED, SUBJECT TO THE REQUIREMENTS OF EXISTING LAW, AND TO PRESCRIBE NEEDFUL RULES AND REGULATIONS FOR CARRYING INTO EFFECT THE PROVISIONS OF THIS ACT.'

ON OCTOBER 13, 1926, THE SECRETARY OF THE INTERIOR ALLOWED THE ATTORNEYS OF RECORD THE SUM OF $85,000 FOR SERVICES PERFORMED UNDER THE CONTRACT HERETOFORE INDICATED, AND THE ATTORNEYS OF RECORD HAVE MADE FORMAL REQUEST FOR PAYMENT OF THE FEE ALLOWED.

IT IS RESPECTFULLY REQUESTED THAT YOUR OFFICE ADVISE THIS DEPARTMENT IN REGARD TO THE FOLLOWING QUESTIONS:

1. DOES THE SECRETARY OF THE INTERIOR HAVE AUTHORITY TO PAY THE FEE OF $85,000 FROM THE GROSS PROCEEDS OF THE FUNDS DERIVED FROM THE SOUTH HALF OF THE RED RIVER IN OKLAHOMA?

2. IF THE FOREGOING IS ANSWERED IN THE NEGATIVE, IS IT NECESSARY TO SEGREGATE THE GROSS PROCEEDS PAYING 37 1/2 PERCENT TO THE STATE OF OKLAHOMA, THE REMAINDER TO BE USED IN ESTABLISHING A TRUST FUND FOR THE KIOWA, COMANCHE, AND APACHE INDIANS, AND TO PAY THE ATTORNEYS' FEE FROM THE INDIAN TRUST FUND AFTER THE SAME HAS BEEN FORMALLY ESTABLISHED?

3. IN THE EVENT THE ATTORNEYS' FEE IS TO BE PAID FROM THE TRUST FUND ESTABLISHED BY THE INDIANS, WILL THE PAYMENT OF SUCH FEE BE SUBJECT TO THE PROVISIONS OF SECTION 27 OF INDIAN APPROPRIATION ACT APPROVED MAY 18, 1916 (39 STATS. AT LARGE, 159) WHICH PROVIDES THAT "NO MONEY SHALL BE EXPENDED FROM INDIAN TRIBAL FUNDS WITHOUT SPECIFIC APPROPRIATION BY CONGRESS, EXCEPT AS FOLLOWS, ETC. ? " IN OTHER WORDS, WILL IT BE NECESSARY TO PROCURE SPECIFIC AUTHORITY FROM CONGRESS BEFORE PAYING THE ATTORNEYS' FEE FROM THE TRUST FUND SET ASIDE FOR THE INDIANS?

A SUMMARY OF THE FACTS WHICH LEAD TO THE MAKING OF THE CONTRACT REFERRED TO AND THE PASSAGE OF THE RESOLUTION CITED IS NECESSARY IN ORDER THAT THE STATUS OF THE FUNDS IN QUESTION MAY BE DETERMINED.

A SUIT IN EQUITY WAS BROUGHT IN THE SUPREME COURT OF THE UNITED STATES BY THE STATE OF OKLAHOMA AGAINST THE STATE OF TEXAS TO SETTLE A CONTROVERSY BETWEEN THEM OVER THE COMMON BOUNDARY ALONG THE COURSE OF THE RED RIVER AND OVER THE TITLE TO THE SOUTHERLY HALF OF THE RIVER BED. THE STATE OF TEXAS ANSWERED THE BILL AND JOINED IN THE PRAYER THAT THE CONTROVERSY BE DECIDED. THE UNITED STATES, BY LEAVE OF THE COURT, INTERVENED IN THE PROCEEDINGS AND IN ITS BILL OF INTERVENTION SET UP ACLAIM TO THE RIVER BED AGAINST BOTH STATES, ASSERTING FULL PROPRIETORSHIP TO THE SOUTHERLY HALF OF THE BED AND AN INTEREST BECAUSE OF ITS RELATION TO INDIAN ALLOTTEES IN PORTIONS OF THE NORTHERLY HALF. SUBSEQUENT PROCEEDINGS RESULTED IN A DECREE RECOGNIZING AND DECLARING THAT THE STATE BOUNDARY LINE IS ALONG THE SOUTH BANK OF THE RIVER, AND A FURTHER HEARING WAS ORDERED ON THE SPECIAL ISSUE TOUCHING THE OWNERSHIP OF THE LAND IN THE BED OF THE STREAM AS BETWEEN THE UNITED STATES, THE STATE OF OKLAHOMA, AND A NUMBER OF PRIVATE PARTIES WHO WERE ALLOWED TO INTERVENE AND ASSERT THEIR CLAIMS AS RIPARIAN OWNERS OR AS CLAIMANTS UNDER THE PLACER MINING LAWS. A RECEIVER WAS APPOINTED BY THE COURT TO PROTECT THE INTERESTS OF ALL PARTIES CONCERNED PENDING ADJUDICATION OF THEIR RIGHTS. THE CLAIMS WERE GROUPED AND DESIGNATED AS (A) THOSE OF THE STATE OF OKLAHOMA AND ITS GRANTEES AND LICENSEES; (B) THAT OF THE UNITED STATES; (C) THOSE OF INDIAN ALLOTTEES AND BASED ON THE OWNERSHIP OF RIPARIAN LANDS ON THE NORTHERLY SIDE OF THE RIVER, AND (D) THOSE BASED ON THE PLACER MINING LOCATIONS MADE ON THE RIVER BED. THE COURT HELD THAT THE UNITED STATES WAS THE OWNER IN ITS OWN RIGHT OF THE RIVER BED SOUTH OF THE MEDIAL LINE AND THAT THE DISPOSAL BY IT OF THE LANDS ON THE NORTHERLY SIDE OF THE RIVER EITHER BY ALLOTMENT TO INDIANS OR BY GRANT TO OTHERS GAVE THE ALLOTTEES AND GRANTEES NO RIGHTS IN THAT PORTION OF THE RIVER BED LYING SOUTH OF THE MEDIAL LINE. BY THE ACT APPROVED MARCH 4, 1923, 42 STAT. 1448, THE SECRETARY OF THE INTERIOR WAS AUTHORIZED TO ADJUST AND DETERMINE EQUITABLE CLAIMS ARISING OUT OF DEVELOPMENT WORK PERFORMED ON THE LANDS AWARDED THE UNITED STATES UNDER THE DECISION OF THE SUPREME COURT AND TO ISSUE PERMITS AND LEASES IN CONNECTION WITH FURTHER WORK THEREON, SAID ACT PROVIDING IN PART AS OLLOWS:

* * * THE SECRETARY OF THE INTERIOR IS HEREBY AUTHORIZED TO ADJUST AND DETERMINE THE EQUITABLE CLAIMS OF CITIZENS OF THE UNITED STATES, AND DOMESTIC CORPORATIONS TO LANDS AND OIL AND GAS DEPOSITS BELONGING TO THE UNITED STATES AND SITUATED SOUTH OF THE MEDIAL LINE OF THE MAIN CHANNEL OF RED RIVER, OKLAHOMA, WHICH LANDS WERE CLAIMED AND POSSESSED IN GOOD FAITH BY SUCH CITIZENS OR CORPORATIONS, OR THEIR PREDECESSORS IN INTEREST, PRIOR TO FEBRUARY 25, 1920, AND UPON WHICH LANDS EXPENDITURES WERE MADE IN GOOD FAITH AND WITH REASONABLE DILIGENCE IN AN EFFORT TO DISCOVER OR DEVELOP OIL OR GAS, BY ISSUANCE OF PERMITS OR LEASES TO THOSE FOUND EQUITABLY ENTITLED THERETO.

SEC. 4. THAT EACH LEASEE SHALL BE REQUIRED TO PAY AS ROYALTY TO THE UNITED STATES AN AMOUNT EQUAL TO THE VALUE AT THE TIME OF PRODUCTION OF 12 1/2 PERCENTUM OF ALL OIL AND GAS PRODUCED BY HIM PRIOR TO THE ISSUANCE OF THE LEASE, EXCEPT OIL OR GAS USED ON THE PROPERTY FOR PRODUCTION PURPOSES OR UNAVOIDABLY LOST; AND SHALL BE REQUIRED TO PAY TO THE UNITED STATES A ROYALTY OF NOT LESS THAN 12 1/2 PERCENTUM OF ALL OIL AND GAS PRODUCED BY HIM AFTER THE ISSUANCE OF THE LEASE, EXCEPT OIL AND GAS USED ON THE PROPERTY FOR PRODUCTION PURPOSES OR UNAVOIDABLY LOST. OF THE PROCEEDS OF THE OIL AND GAS THAT HAVE BEEN PRODUCED OR THAT MAY HEREAFTER BE PRODUCED BY THE RECEIVER OF SAID PROPERTY, APPOINTED BY THE SUPREME COURT OF THE UNITED STATES, 12 1/2 PERCENTUM AS ROYALTY SHALL BE PAID TO THE UNITED STATES, AND THE RESIDUE AFTER DEDUCTING AND PAYING THE EXPENSES OF THE LITIGATION INCURRED BY THE UNITED STATES AND THE EXPENSES OF THE RECEIVERSHIP SHALL BE PAID TO THE PERSON OR CORPORATION TO WHOM MAY BE GRANTED A LEASE OF THE LAND ON WHICH SAID OIL AND GAS WERE PRODUCED: PROVIDED, THAT THE SECRETARY OF THE INTERIOR IS AUTHORIZED AND DIRECTED TO TAKE SUCH LEGAL STEPS AS MAY BE NECESSARY AND PROPER TO COLLECT FROM ANY PERSON OR PERSONS WHO SHALL NOT BE AWARDED A PERMIT OR LEASE UNDER THIS ACT AN AMOUNT EQUAL TO THE VALUE OF ALL OIL AND GAS PRODUCED BY HIM OR THEM FROM ANY OF SAID LANDS PRIOR TO THE INCLUSION OF SAID PROPERTY IN THE RECEIVERSHIP, EXCEPT OIL OR GAS USED ON THE PROPERTY FOR PRODUCTION PURPOSES OR UNAVOIDABLY LOST AND EXCEPT OTHER REASONABLE AND PROPER ALLOWANCES FOR THE EXPENSES OF PRODUCTION: PROVIDED FURTHER, THAT OF THE AMOUNT SO COLLECTED, 12 1/2 PERCENTUM SHALL BE RESERVED TO THE UNITED STATES AS ROYALTY AND THE BALANCE AFTER DEDUCTING THE EXPENSE OF COLLECTION SHALL BE PAID OVER TO THE PERSON OR PERSONS AWARDED PERMITS OR LEASES UNDER THIS ACT, AS THEIR INTERESTS MAY APPEAR.

ON JULY 11, 1923, THE CONTRACT REFERRED TO BY YOU WAS EXECUTED BY AND BETWEEN A COMMITTEE OF FIVE INDIANS REPRESENTING THE KIOWA, COMANCHE, AND APACHE INDIANS, AND JOHN A. FAIN, WHEREBY THE LATTER, AS THEIR ATTORNEY ENGAGED TO REPRESENT SAID INDIANS BEFORE THE COMMITTEES OF CONGRESS OR ANY DEPARTMENT, BUREAU, OR COMMISSION OF THE UNITED STATES OR ANY OFFICER OR TRIBUNAL THEREOF, IN AN EFFORT AND UNDERTAKING TO SECURE LEGISLATION GRANTING TO SAID TRIBES THE SOUTH HALF OF THE BED OF RED RIVER, WITH ALL MINERAL RIGHTS THEREUNTO BELONGING OR PERTAINING, THIS BEING THE PROPERTY DETERMINED BY THE SUPREME COURT OF THE UNITED STATES TO BELONG TO THE UNITED STATES. SAID CONTRACT PROVIDED THAT IN CONSIDERATION OF THE SERVICES TO BE RENDERED UNDER THE CONTRACT THE ATTORNEY SHOULD RECEIVE SUCH COMPENSATION AS SHOULD BE DETERMINED BY THE SECRETARY OF THE INTERIOR ON QUANTUM MERUIT FOR THE SERVICES RENDERED--- SUCH COMPENSATION TO BE CONTINGENT AND TO BE PAID FROM ANY FUNDS OR PROPERTY THAT MIGHT BE RECOVERED FOR SAID TRIBES OR GRANTED TO THEM BY ACTION OF CONGRESS IN CONNECTION WITH THEIR CLAIM TO THE BED OF THE RIVER. THIS CONTRACT WAS APPROVED BY THE ACTING COMMISSIONER OF INDIAN AFFAIRS ON OCTOBER 9, 1923, AND BY THE ASSISTANT SECRETARY OF THE INTERIOR ON OCTOBER 12, 1923. SEVERAL BILLS AND RESOLUTIONS INTRODUCED IN CONGRESS RELATIVE TO THE DISPOSITION OF THE FUNDS RECEIVED UNDER THE DECREE OF THE COURT AND PURSUANT TO THE ACT OF MARCH 4, 1923, SUPRA, FAILED OF PASSAGE. HOWEVER, BY THE ACT OF MARCH 4, 1925, 43 STAT. 1302, THE SECRETARY OF THE INTERIOR WAS DIRECTED TO--- RETAIN IN HIS CUSTODY UNTIL OTHERWISE DIRECTED BY LAW THE 12 1/2 PERCENTUM, AND OTHER ROYALTIES HERETOFORE OR HEREAFTER RECEIVED BY HIM IN PURSUANCE OF PUBLIC ACT NUMBERED 500, 67TH CONGRESS, APPROVED MARCH 4, 1923.

IN ACCORDANCE WITH THE PROVISIONS OF THIS STATUTE THE FUNDS IN QUESTION, CONSISTING OF CASH AND UNITED STATES BONDS, WERE DEPOSITED IN THE TREASURY OF THE UNITED STATES TO THE CREDIT OF THE SECRETARY OF THE INTERIOR AND SO REMAINED UNTIL THE ENACTMENT OF PUBLIC RESOLUTION NO. 36, 44 STAT. 740, SUPRA, DIRECTING DISPOSAL OF THEM. FORMAL REQUEST HAS BEEN MADE BY THE ATTORNEYS FOR PAYMENT OF THE SUM OF $85,000 ALLOWED BY YOU, AND IT IS CONTENDED IN BRIEFS ACCOMPANYING YOUR SUBMISSION THAT THIS FEE SHOULD BE PAID FROM THE GROSS PROCEEDS OF THE FUNDS DERIVED FROM THE SOUTH HALF OF THE RIVER BED. THE CONTRACT BETWEEN THE INDIANS AND THE ATTORNEY EXPRESSLY STIPULATED THAT THE COMPENSATION OF THE ATTORNEY WAS TO BE CONTINGENT AND TO BE PAID ONLY FROM FUNDS OR PROPERTY THAT MIGHT BE RECOVERED FOR SAID TRIBES OR GRANTED TO THEM BY ACTION OF CONGRESS. UNDER THE RESOLUTION DIRECTING DISPOSITION OF THESE FUNDS, WHICH WERE, PRIOR TO THE APPROVAL OF SAID RESOLUTION, THE FUNDS OF THE UNITED STATES, THE GROSS PROCEEDS ARE CHARGEABLE, FIRST, WITH THE AMOUNT THAT HAS BEEN AWARDED SUCCESSFUL CLAIMANTS BY THE SECRETARY OF THE INTERIOR UNDER THE ACT OF MARCH 4, 1923, SUPRA, AND, SECOND, WITH 37 1/2 PERCENT OF THE ROYALTIES RECEIVED, WHICH IS TO BE PAID TO THE STATE OF OKLAHOMA. THE NET PROCEEDS, AFTER DEDUCTING THESE AMOUNTS, IS NOT FOR PAYMENT TO THE INDIANS BUT IS TO BE SET ASIDE AND ADMINISTERED BY THE SECRETARY OF THE INTERIOR AS A TRUST FUND FOR THE BENEFIT OF THE INDIANS SPECIFICALLY NAMED AS BENEFICIARIES OF THE TRUST, THE ADMINISTRATION AND DISBURSEMENT OF MONEYS SO SET ASIDE TO BE SUBJECT TO THE REQUIREMENTS OF EXISTING LAW.

SECTION 27 OF THE ACT OF MAY 18, 1916, 39 STAT. 158, PRESCRIBES THE MANNER IN WHICH INDIAN TRIBAL FUNDS MAY BE SPENT AND EXPRESSLY PROHIBITS THE EXPENDITURE OF SUCH FUNDS WITHOUT SPECIFIC APPROPRIATION BY CONGRESS, EXCEPT FOR EQUALIZATION OF ALLOTMENTS, EDUCATION OF INDIAN CHILDREN, PER CAPITA AND OTHER PAYMENTS WHICH ARE SPECIFICALLY PROVIDED FOR BY STATUTE.

YOU ARE ACCORDINGLY ADVISED THAT PAYMENT OF THE FEE CLAIMED BY THE ATTORNEY IS UNAUTHORIZED UNLESS AND UNTIL SPECIFIC AUTHORITY THEREFOR IS GIVEN BY STATUTE.