A-97935, NOVEMBER 4, 1938, 18 COMP. GEN. 416

A-97935: Nov 4, 1938

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ARE NOW FOR COVERING INTO THE TREASURY AS MISCELLANEOUS RECEIPTS. ARE FOR COVERING INTO THE TREASURY AS MISCELLANEOUS RECEIPTS. IS AS FOLLOWS: YOUR ATTENTION IS INVITED TO THE FOLLOWING PROVISIONS OF THE ACT MAKING APPROPRIATIONS FOR THE DEPARTMENT OF THE INTERIOR FOR THE FISCAL YEAR ENDING JUNE 30. IT WILL BE NOTED THAT THE FOREGOING ITEMS AUTHORIZE THE COLLECTION OF FEES FROM INDIANS UNDER RULES AND REGULATIONS PRESCRIBED BY THIS DEPARTMENT AND DIRECT THAT SUCH FEES BE COVERED INTO THE TREASURY. THE LATTER PROVISION IS SOMEWHAT AMBIGUOUS INASMUCH AS IT FAILS TO REFER TO EITHER OF THE FOLLOWING ACTS OF CONGRESS GOVERNING THE DEPOSIT INTO THE TREASURY OF REVENUE DERIVED FROM INDIAN SERVICE ACTIVITIES.

A-97935, NOVEMBER 4, 1938, 18 COMP. GEN. 416

MEDICAL SERVICES, ETC., FOR INDIANS - DISPOSITION OF FEES COLLECTED THE PROVISION IN THE INTERIOR DEPARTMENT APPROPRIATION ACT, 1939, UNDER BUREAU OF INDIAN AFFAIRS, CONSERVATION OF HEALTH, 52 STAT. 312, PROVIDING FOR THE COLLECTION OF FEES FROM INDIANS FOR MEDICAL, HOSPITAL, AND DENTAL SERVICE, AND FOR THEIR COVERING INTO THE TREASURY OF THE UNITED STATES, SUPERSEDES THE PROVISIONS OF THE ACT OF MAY 7, 1926, 44 STAT. 560, AS TO THE DISPOSITION OF THE FEES TO THE EXTENT THAT SUCH FEES, NOT THE RESULT OF EXPENDITURES FROM TRIBAL FUNDS, ARE NOW FOR COVERING INTO THE TREASURY AS MISCELLANEOUS RECEIPTS. THE PROVISION IN THE INTERIOR DEPARTMENT APPROPRIATION ACT, 1939, UNDER BUREAU OF INDIAN AFFAIRS, GENERAL SUPPORT AND ADMINISTRATION, 52 STAT. 313, PROVIDING FOR THE COLLECTION OF FEES FROM INDIVIDUAL INDIANS FOR SERVICES PERFORMED FOR THEM, AND FOR THEIR COVERING INTO THE TREASURY OF THE UNITED STATES, AUTHORIZES THE CHARGING OF FEES FOR SUCH SERVICES PERFORMED OR WORK DONE IN BEHALF OF INDIAN TRIBES AND/OR INDIVIDUAL INDIANS HERETOFORE WITHOUT CHARGE, AND NOT WITHIN THE PURVIEW OF THE ACT OF MARCH 1, 1933, 41 STAT. 1417, AND SUCH FEES, WHEN NOT DERIVED FROM AN ACTIVITY OR SERVICE OPERATED OR MAINTAINED FROM INDIAN TRIBAL FUNDS, ARE FOR COVERING INTO THE TREASURY AS MISCELLANEOUS RECEIPTS.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, NOVEMBER 4, 1938:

YOUR LETTER OF SEPTEMBER 14, 1938, IS AS FOLLOWS:

YOUR ATTENTION IS INVITED TO THE FOLLOWING PROVISIONS OF THE ACT MAKING APPROPRIATIONS FOR THE DEPARTMENT OF THE INTERIOR FOR THE FISCAL YEAR ENDING JUNE 30, 1939, APPROVED MAY 9, 1938, PUBLIC, NO. 497, 75TH CONGRESS:

"BUREAU OF INDIAN AFFAIRS.

"CONSERVATION OF HEALTH.

"* * * PROVIDED FURTHER, THAT IN THE DISCRETION OF THE SECRETARY OF THE INTERIOR AND UNDER SUCH RULES AND REGULATIONS AS MAY BE PRESCRIBED BY HIM, FEES MAY BE COLLECTED FROM INDIANS FOR MEDICAL, HOSPITAL, AND DENTAL SERVICE AND ANY FEES SO COLLECTED SHALL BE COVERED INTO THE TREASURY OF THE UNITED STATES.

"GENERAL SUPPORT AND ADMINISTRATION.

"* * * PROVIDED, THAT IN THE DISCRETION OF THE SECRETARY OF THE INTERIOR, AND UNDER SUCH RULES AND REGULATIONS AS MAY BE PRESCRIBED BY HIM, FEES MAY BE COLLECTED FROM INDIVIDUAL INDIANS FOR SERVICES PERFORMED FOR THEM, AND ANY FEES SO COLLECTED SHALL BE COVERED INTO THE TREASURY OF THE UNITED STATES.'

IT WILL BE NOTED THAT THE FOREGOING ITEMS AUTHORIZE THE COLLECTION OF FEES FROM INDIANS UNDER RULES AND REGULATIONS PRESCRIBED BY THIS DEPARTMENT AND DIRECT THAT SUCH FEES BE COVERED INTO THE TREASURY. THE LATTER PROVISION IS SOMEWHAT AMBIGUOUS INASMUCH AS IT FAILS TO REFER TO EITHER OF THE FOLLOWING ACTS OF CONGRESS GOVERNING THE DEPOSIT INTO THE TREASURY OF REVENUE DERIVED FROM INDIAN SERVICE ACTIVITIES.

THE ACT OF MARCH 1, 1933 (47 STAT. 1417), PROVIDES:

"THAT THE SECRETARY OF THE INTERIOR IS HEREBY AUTHORIZED IN HIS DISCRETION AND UNDER SUCH RULES AND REGULATIONS AS HE MAY PRESCRIBE, TO COLLECT REASONABLE FEES TO COVER THE COST OF ANY AND ALL WORK PERFORMED FOR INDIAN TRIBES OR FOR INDIVIDUAL INDIANS TO BE PAID BY VENDEES, LESSEES, OR ASSIGNEES, OR DEDUCTED FROM THE PROCEEDS OF SALE, LEASE, OR OTHER SOURCES OF REVENUE: PROVIDED, THAT THE AMOUNTS SO COLLECTED SHALL BE COVERED INTO THE TREASURY AS MISCELLANEOUS RECEIPTS, EXCEPT WHEN THE EXPENSES OF THE WORK ARE PAID FROM INDIAN TRIBAL FUNDS, IN WHICH EVENT THEY SHALL BE CREDITED TO SUCH FUNDS.'

THE ACT OF MAY 17, 1926 (44 STAT. 560), PROVIDES:

"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 EXPENDITURES 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, * * *.'

WILL YOU PLEASE ADVISE ME WHICH OF THE TWO ACTS OF CONGRESS CITED ABOVE APPLIES TO THE DISPOSITION OF THE FEES IN QUESTION?

THE INTERIOR DEPARTMENT APPROPRIATION ACT, 1939, PUBLIC, NO. 497, SEVENTY -FIFTH CONGRESS, APPROVED MAY 9, 1938, 52 STAT. 312, PROVIDED IN PART AS FOLLOWS:

FOR CONSERVATION OF HEALTH AMONG INDIANS, INCLUDING EQUIPMENT, MATERIALS, AND SUPPLIES; REPAIRS AND IMPROVEMENTS TO BUILDINGS AND PLANTS; COMPENSATION AND TRAVELING EXPENSES OF OFFICERS AND EMPLOYEES AND RENTING OF QUARTERS FOR THEM WHERE NECESSARY; TRANSPORTATION OF PATIENTS AND ATTENDANTS TO AND FROM HOSPITALS AND SANATORIA; RETURNING TO THEIR FORMER HOMES AND INTERRING THE REMAINS OF DECEASED PATIENTS * * *: PROVIDED FURTHER, THAT IN THE DISCRETION OF THE SECRETARY OF THE INTERIOR AND UNDER SUCH RULES AND REGULATIONS AS MAY BE PRESCRIBED BY HIM, FEES MAY BE COLLECTED FROM INDIANS FOR MEDICAL, HOSPITAL, AND DENTAL SERVICE AND ANY FEES SO COLLECTED SHALL BE COVERED INTO THE TREASURY OF THE UNITED STATES.

THE ACT OF MAY 17, 1926, 44 STAT. 560, PROVIDES IN PART 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).

UNDER THE PROVISIONS OF SAID ACT ANY REVENUES DERIVED FROM THE OPERATION OF AN INDIAN HOSPITAL, CONSIDERED AN ACTIVITY OF THE AGENCY OR RESERVATION, AND NOT REQUIRED BY EXISTING LAW TO BE OTHERWISE DISPOSED OF, ARE FOR DEPOSIT TO THE CREDIT OF "INDIAN MONEYS, PROCEEDS OF LABOR," AS TRIBAL FUNDS, THERE TO BE HELD FOR FUTURE APPROPRIATION BY THE CONGRESS UNDER THE PROVISIONS OF SECTION 27 OF THE ACT OF MAY 18, 1916, 39 STAT. 159, REGARDLESS OF WHETHER THE PARTICULAR HOSPITAL WAS MAINTAINED AND OPERATED FROM APPROPRIATED PUBLIC MONEYS OR FROM INDIAN TRIBAL FUNDS SET ASIDE FOR SUCH PURPOSE.

THE ACT OF MAY 9, 1938, PUBLIC NO. 497, SEVENTY-FIFTH CONGRESS, SUPERSEDES THE ACT OF 1926, SUPRA, TO THE EXTENT THAT MEDICAL, DENTAL, AND HOSPITAL FEES CHARGED THE INDIANS AND NOT THE RESULT OF EXPENDITURES FROM INDIAN TRIBAL FUNDS ARE NOW PROPER FOR COVERING INTO THE TREASURY OF THE UNITED STATES AS MISCELLANEOUS RECEIPTS FOR CREDIT TO THE RECEIPT ACCOUNT:

5225. MEDICAL, DENTAL, AND HOSPITAL SERVICES.

THE ACT, SUPRA, 52 STAT. 313, ALSO CONTAINS A PROVISION AS FOLLOWS:

FOR GENERAL SUPPORT OF INDIANS AND ADMINISTRATION OF INDIAN PROPERTY INCLUDING PAY OF EMPLOYEES AUTHORIZED BY CONTINUING OR PERMANENT TREATY PROVISIONS, $2,675,000: PROVIDED, THAT IN THE DISCRETION OF THE SECRETARY OF THE INTERIOR, AND UNDER SUCH RULES AND REGULATIONS AS MAY BE PRESCRIBED BY HIM, FEES MAY BE COLLECTED FROM INDIVIDUAL INDIANS FOR SERVICES PERFORMED FOR THEM AND ANY FEES SO COLLECTED SHALL BE COVERED INTO THE TREASURY OF THE UNITED STATES.

THE ACTS OF FEBRUARY 14, 1920, 41 STAT. 415, AND MARCH 1, 1933, 47 STAT. 1417, PROVIDE FOR THE COLLECTION OF FEES TO COVER THE COST OF ANY AND ALL WORK PERFORMED FOR INDIAN TRIBES OR FOR INDIVIDUAL INDIANS TO BE PAID BY VENDEES, LESSEES, OR ASSIGNEES, OR DEDUCTED FROM THE PROCEEDS OF SALE, OR OTHER SOURCES OF REVENUE, EXCEPT FEES PAID FROM TRIBAL FUNDS, AND SUCH FEES ARE FOR DEPOSIT IN THE TREASURY AS MISCELLANEOUS RECEIPTS TO THE RECEIPT ACCOUNT:

3300. FEES, INDIAN LANDS AND TIMBER.

IT APPEARS THAT THE PURPOSE OF THE PROVISION CONTAINED IN THE ACT OF MAY 9, 1938, SUPRA, IS TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO CHARGE INDIAN TRIBES AND/OR INDIVIDUAL INDIANS FOR SUCH SERVICES PERFORMED OR WORK DONE IN THEIR BEHALF HERETOFORE WITHOUT CHARGE, AND NOT WITHIN THE PURVIEW OF THE ACT OF MARCH 1, 1933, 41 STAT. 1417.

SUCH FEES, WHEN NOT DERIVED FROM AN ACTIVITY OR SERVICE OPERATED OR MAINTAINED FROM INDIAN TRIBAL FUNDS, ARE LIKEWISE FOR COVERING INTO THE TREASURY AS MISCELLANEOUS RECEIPTS FOR CREDIT TO EITHER OF THE RECEIPT ACCOUNTS:

5300. WORK DONE.

5310. ALL OTHER SERVICES.