A-93343, MARCH 24, 1938, 17 COMP. GEN. 773

A-93343: Mar 24, 1938

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DELEGATION OF AUTHORITY - EFFECT OF STATUTORY AUTHORITY TO PRESCRIBE REGULATIONS STATUTORY AUTHORITY TO PRESCRIBE RULES AND REGULATIONS FOR THE PERFORMANCE OF A DUTY OTHERWISE VESTED IN THE HEAD OF A DEPARTMENT IS GENERALLY CONSTRUED AS AUTHORIZING THE HEAD TO DELEGATE BY APPROPRIATE REGULATIONS THE PERFORMANCE OF SUCH DUTY TO A SUBORDINATE OFFICER. IS AS FOLLOWS: SECTION 6 OF THE OKLAHOMA INDIAN WELFARE ACT OF JUNE 26. READS AS OLLOWS: "THE SECRETARY IS AUTHORIZED TO MAKE LOANS TO INDIVIDUAL INDIANS AND TO ASSOCIATIONS OR CORPORATE GROUPS ORGANIZED PURSUANT TO THIS ACT. SECTION 9 OF THE SAME ACT READS IN PART AS FOLLOWS: "THE SECRETARY OF THE INTERIOR IS HEREBY AUTHORIZED TO PRESCRIBE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT * * *.'.

A-93343, MARCH 24, 1938, 17 COMP. GEN. 773

DELEGATION OF AUTHORITY - EFFECT OF STATUTORY AUTHORITY TO PRESCRIBE REGULATIONS STATUTORY AUTHORITY TO PRESCRIBE RULES AND REGULATIONS FOR THE PERFORMANCE OF A DUTY OTHERWISE VESTED IN THE HEAD OF A DEPARTMENT IS GENERALLY CONSTRUED AS AUTHORIZING THE HEAD TO DELEGATE BY APPROPRIATE REGULATIONS THE PERFORMANCE OF SUCH DUTY TO A SUBORDINATE OFFICER. REGULATIONS PRESCRIBED BY THE SECRETARY OF THE INTERIOR PURSUANT TO THE ACT OF JUNE 26, 1936, 49 STAT. 1967, AUTHORIZING HIM TO MAKE LOANS TO INIDIVIDUAL INDIANS, ETC., AND TO PRESCRIBE RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF THE ACT, MAY PROPERLY BE AMENDED TO PERMIT APPROVAL OF LOANS TO INDIVIDUAL INDIANS BY SPECIFIED FIELD ADMINISTRATIVE OFFICERS TO WHOM THAT DUTY HAS BEEN DELEGATED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, MARCH 24, 1938:

YOUR LETTER OF MARCH 10, 1938, IS AS FOLLOWS:

SECTION 6 OF THE OKLAHOMA INDIAN WELFARE ACT OF JUNE 26, 1936 (49 STAT. 1967), READS AS OLLOWS:

"THE SECRETARY IS AUTHORIZED TO MAKE LOANS TO INDIVIDUAL INDIANS AND TO ASSOCIATIONS OR CORPORATE GROUPS ORGANIZED PURSUANT TO THIS ACT. FOR THE MAKING OF SUCH LOANS AND FOR THE EXPENSES OF THE COOPERATIVE ASSOCIATIONS ORGANIZED PURSUANT TO THIS ACT, THERE SHALL BE APPROPRIATED, OUT OF THE TREASURY OF THE UNITED STATES, THE SUM OF $2,000,000.'

SECTION 9 OF THE SAME ACT READS IN PART AS FOLLOWS:

"THE SECRETARY OF THE INTERIOR IS HEREBY AUTHORIZED TO PRESCRIBE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT * * *.'

RULES AND REGULATIONS GOVERNING THE LENDING OF FUNDS TO INDIAN COOPERATIVES, INDIAN CREDIT ASSOCIATIONS, INDIVIDUAL INDIANS, AND TO INDIVIDUAL INDIANS BY CREDIT ASSOCIATIONS HAVE BEEN FORMULATED UNDER THIS AUTHORITY, COPIES OF WHICH ARE ENCLOSED.

UNDER THESE REGULATIONS IT HAS BEEN NECESSARY FOR ALL APPLICATIONS FROM COOPERATIVES, CREDIT ASSOCIATIONS, AND INDIVIDUALS FOR LOANS FROM THE UNITED STATES TO BE SUBMITTED HERE FOR MY APPROVAL. THIS SYSTEM PRESENTS NO DIFFICULTIES IN THE CASE OF LOANS TO COOPERATIVES OR CREDIT ASSOCIATIONS, BUT IT DOES INTERFERE WITH THE MAKING OF LOANS TO INDIVIDUALS DIRECT FROM THE UNITED STATES. EVERY LOAN, NO MATTER HOW SMALL, MUST BE SUBMITTED HERE BEFORE FINAL ACTION IS TAKEN. THIS RESULTS IN CONSIDERABLE DELAY AND IN THE CASE OF SOME LOANS, PARTICULARLY FOR FEED, SEED, AND HARVESTING EXPENSES, TIME PLAYS A VERY IMPORTANT ROLE. A CREDIT SYSTEM IS TO BE EFFECTIVE, IT MUST BE PROMPT IN ACTION. SPEED IS NOT POSSIBLE UNDER THE PRESENT SYSTEM.

IT IS PROPOSED, THEREFORE, TO AMEND THE REGULATIONS TO AUTHORIZE CERTAIN FIELD ADMINISTRATIVE OFFICERS TO APPROVE, WITHIN LIMITS, APPLICATIONS FOR LOANS SUBMITTED BY INDIVIDUAL INDIANS, UNLESS THERE IS OBJECTION FROM AN ACCOUNTING STANDPOINT BY YOUR OFFICE. WILL YOU PLEASE ADVISE ME?

SECTION 9 OF THE ACT OF JUNE 26, 1936, 49 STAT. 1968, AUTHORIZES THE SECRETARY OF THE INTERIOR TO PRESCRIBE RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF THE ACT. STATUTORY AUTHORITY TO SO PRESCRIBE RULES AND REGULATIONS FOR THE PERFORMANCE OF A DUTY OTHERWISE VESTED IN THE HEAD OF THE DEPARTMENT IS GENERALLY CONSTRUED AS AUTHORIZING THE HEAD TO DELEGATE BY APPROPRIATE REGULATIONS THE PERFORMANCE OF SUCH A DUTY TO A SUBORDINATE OFFICER. 7 COMP. GEN. 656. ACCORDINGLY, THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO THE AMENDMENT OF THE REGULATIONS TO PERMIT APPROVAL OF LOANS TO INDIVIDUAL INDIANS BY SPECIFIED FIELD ADMINISTRATIVE OFFICERS TO WHOM THAT DUTY HAS BEEN DELEGATED.