B-150731, OCTOBER 19, 1966, 46 COMP. GEN. 330

B-150731, OCTOBER 19, 1966, 46 COMP. GEN. 330

INDIAN AFFAIRS - INDIAN CLAIMS COMMISSION AWARDS - INTEREST NOTHWITHSTANDING THE INDIAN CLAIMS COMMISSION ACT OF AUGUST 13, 1946, PROVIDES THAT REPORTS OF THE COMMISSION FILED WITH CONGRESS HAVE THE SAME FORCE AND EFFECT AS COURT OF CLAIMS JUDGMENTS, A FINAL JUDGMENT BY THE COMMISSION RECOVERED BY THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD RESERVATION, MONTANA, IS NOT SUBJECT TO THE INTEREST PRESCRIBED BY THE ACT OF JULY 30, 1946, ON JUDGMENTS RENDERED BY THE COURT OF CLAIMS ON SUITS FILED BY THE TRIBES WITHIN A 5 YEAR PERIOD, THE INDIAN CLAIMS COMMISSION ACT CONTAINING NO INDICATION THE SO-CALLED "JUDGMENTS" OF THE COMMISSION ARE TO ACCRUE INTEREST AS AUTHORIZED IN THE JURISDICTIONAL ACT OF JULY 30, 1946. THEREFORE, THERE IS NO AUTHORITY TO PAY INTEREST ON THE JUDGMENT AWARDED THE TRIBES BY THE COMMISSION FROM THE DATE OF THE JUDGMENT TO THE DATE FUNDS ARE DEPOSITED TO THE CREDIT OF THE TRIBES IN THE TREASURY.

TO WILKINSON, CRAGUN AND BARKER, OCTOBER 19, 1966:

YOUR LETTER OF SEPTEMBER 29, 1966, FORWARDS A COPY OF THE FINAL JUDGMENT OF THE INDIAN CLAIMS COMMISSION IN THE ABOVE ENTITLED CASE.

YOU ADVISE, IN EFFECT, THAT THE JUDGMENT BECAME FINAL ON THE DAY IT WAS ENTERED, SINCE IT WAS ENTERED PURSUANT TO A COMPROMISE SETTLEMENT APPROVED AUGUST 1, 1966, PROVIDING THAT THERE WOULD BE NO APPEAL BY EITHER PARTY. YOU FURTHER ADVISE THAT THE STIPULATION CONCERNING NO APPEAL IS OF RECORD IN THE INDIAN CLAIMS COMMISSION. YOU STATE THAT YOU HAVE BEEN INFORMED THAT AN APPROPRIATION TO PAY THE JUDGMENT IN QUESTION WILL BE INCLUDED IN THE SUPPLEMENTAL APPROPRIATION BILL TO BE CONSIDERED BY THE CONGRESS PRIOR TO ADJOURNMENT.

THE PURPOSE OF YOUR LETTER IS TO FORMALLY REQUEST PAYMENT OF THE AMOUNT OF THE JUDGMENT ($4,431,622.18), PLUS INTEREST AT THE RATE OF 4 PERCENT PER ANNUM FROM THE DATE OF THE JUDGMENT. YOU STATE THAT UNLIKE A NUMBER OF JUDGMENTS, THE LITIGATION OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD RESERVATIONS, MONTANA, IS GOVERNED BY A SPECIAL STATUTE PERTAINING TO THE COURT OF CLAIMS. YOU REFER TO THE ACT OF JULY 30, 1946, 60 STAT. 715, SECTION 8 OF WHICH READS AS FOLLOWS:

SEC. 8. THAT THE AMOUNT OF ANY JUDGMENT RECOVERED FOR SAID INDIANS, LESS ATTORNEYS' FEES AND EXPENSES, SHALL BE PLACED TO THE CREDIT OF SAID INDIANS IN THE TREASURY OF THE UNITED STATES AND SHALL DRAW INTEREST AT THE RATE OF 4 PER CENTUM PER ANNUM FROM DATE OF JUDGMENT AND SHALL THEREAFTER BE SUBJECT TO APPROPRIATION BY CONGRESS AND USED FOR THE BENEFIT OF SAID INDIANS, INCLUDING, BUT WITHOUT LIMITATIONS, THE PURCHASE OF LANDS, LIVESTOCK, FARMING IMPLEMENTS, ERECTION OF BUILDINGS AND IMPROVEMENTS, AND FOR PRODUCTIVE ENTERPRISES, WITH THE APPROVAL OF THE SECRETARY OF THE INTERIOR AND THE CONSENT OF SAID INDIANS.

YOU EXPRESS THE VIEW THAT THIS JURISDICTIONAL ACT PERTAINING TO THE COURT OF CLAIMS HAS EQUAL APPLICATION TO THE PRESENT JUDGMENT, INASMUCH AS THE INDIAN CLAIMS COMMISSION ACT PROVIDES THAT THE JUDGMENT OF THE COMMISSION SHALL HAVE THE FORCE AND EFFECT OF A JUDGMENT OF THE COURT OF CLAIMS. YOU STATE THAT THE JUDGMENT OF THE INDIAN CLAIMS COMMISSION HAVING THE SAME FORCE AND EFFECT AS A JUDGMENT OF THE COURT OF CLAIMS ENTITLES THE CONFEDERATED SALISH AND KOOTENAI TRIBES TO INTEREST FROM THE DATE OF THE JUDGMENT.

ACCORDINGLY, ON BEHALF OF THE TRIBES YOU REQUEST THAT WHEN THE FUNDS ARE ESTABLISHED IN THE TREASURY OF THE UNITED STATES PURSUANT TO THE JUDGMENT, THAT THE AMOUNT OF INTEREST FROM THE DATE OF THE JUDGMENT TO THE DATE OF THE ESTABLISHMENT OF THE FUND BE INCLUDED AS A PART THEREOF.

THE ACT OF JULY 30, 1946, IS A SPECIAL JURISDICTIONAL ACT CONFERRING JURISDICTION ON THE COURT OF CLAIMS TO HEAR, EXAMINE, ADJUDICATE AND RENDER JUDGMENT IN ANY AND ALL CLAIMS THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF INDIANS MAY HAVE AGAINST THE UNITED STATES. SUITS UNDER THE ACT, HOWEVER, MUST BE FILED WITHIN 5 YEARS AFTER THE DATE OF APPROVAL OF THE ACT, I. E., WITHIN 5 YEARS AFTER JULY 30, 1946. THUS, THE TIME FOR FILING SUITS UNDER THE ACT HAS LONG ELAPSED. AS INDICATED IN YOUR LETTER, SECTION 8 OF THE ACT PROVIDES THAT ANY JUDGMENT UNDER THE ACT SHALL BE PLACED TO THE CREDIT OF THE INDIANS INVOLVED IN THE TREASURY OF THE UNITED STATES AND DRAW INTEREST AT THE RATE OF 4 PERCENT PER ANNUM FROM THE DATE OF THE JUDGMENT.

THE ACT OF AUGUST 13, 1946 (SO-CALLED INDIAN CLAIMS COMMISSION ACT), 60 STAT. 1049, 25 U.S.C. 70-70V, ESTABLISHED THE INDIAN CLAIMS COMMISSION AND AUTHORIZED THE COMMISSION TO HEAR CLAIMS AGAINST THE UNITED STATES ON BEHALF OF ANY INDIAN TRIBE, PROVIDED THE CLAIM DID NOT ACCRUE AFTER THE DATE OF APPROVAL OF THE ACT.

SECTION 22/A) OF THE LAST CITED ACT (25 U.S.C. 70U/A/) READS, IN PERTINENT PART, AS FOLLOWS (QUOTING FROM THE CODE):

(A) WHEN THE REPORT OF THE COMMISSION DETERMINING ANY CLAIMANT TO BE ENTITLED TO RECOVER HAS BEEN FILED WITH CONGRESS, SUCH REPORT SHALL HAVE THE EFFECT OF A FINAL JUDGMENT OF THE COURT OF CLAIMS, AND THERE IS AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS ARE NECESSARY TO PAY THE FINAL DETERMINATION OF THE COMMISSION.

THE LEGISLATIVE HISTORY OF SECTION 22/A) DISCLOSES THAT AS PASSED BY THE HOUSE THE SECTION READ, IN PART, AS FOLLOWS:

WHEN THE REPORT OF THE COMMISSION DETERMINING ANY CLAIMANT TO BE ENTITLED TO RECOVER HAS BEEN FILED WITH CONGRESS, SUCH REPORT SHALL HAVE THE EFFECT OF A FINAL JUDGMENT AND SHALL BE PAID IN LIKE MANNER AS ARE JUDGMENTS OF THE COURT OF CLAIMS.

THE FOLLOWING STATEMENT APPEARS AT PAGE 13 IN H. REPT. NO. 1466 (79TH CONG.), CONCERNING SECTION 22/A) AS PASSED BY THE HOUSE:

WHEN THE REPORT OF THE COMMISSION DETERMINING ANY CLAIMANT IS ENTITLED TO RECOVER HAS BEEN FILED WITH CONGRESS, IT IS EXPECTED THAT SUCH REPORT WILL BE TREATED AS A FINAL JUDGMENT AND WILL BE PAID IN LIKE MANNER AS ARE JUDGMENTS OF THE COURT OF CLAIMS.

SECTION 22/A) AS PASSED BY THE HOUSE WAS AMENDED AND PASSED BY THE SENATE READING, IN PERTINENT PART, AS FOLLOWS:

WHEN THE REPORT OF THE COMMISSION DETERMINING ANY CLAIMANT TO BE ENTITLED TO RECOVER HAS BEEN FILED WITH CONGRESS, THE AMOUNT FOUND DUE BY THE COMMISSION SHALL, UPON APPROPRIATION THEREFOR BY CONGRESS, BE PAID IN SUCH MANNER AS CONGRESS SHALL PROVIDE.

THE PURPOSE OF THE AMENDMENT AS EXPLAINED IN THE S. REPT. (NO. 1715) IS AS FOLLOWS (PAGES 6 AND 7):

SECTION 22 OF THE BILL AS PASSED BY THE HOUSE HAS BEEN AMENDED SO AS TO ELIMINATE THE PROVISIONS WHICH PURPORT TO MAKE THE DETERMINATION OF THE COMMISSION BINDING UPON FUTURE CONGRESSES.

SINCE ONE CONGRESS CANNOT BIND ITS SUCCESSORS, IT WAS DEEMED ADVISABLE TO ELIMINATE LANGUAGE WHICH MIGHT BE CONSTRUED AS HAVING THAT INTENT. * * *

SECTION 22/A) WAS CHANGED IN CONFERENCE AND, AS REPORTED OUT OF CONFERENCE, ENACTED INTO LAW. THE STATEMENT OF THE MANAGERS ON THE PART OF THE HOUSE ACCOMPANYING THE CONFERENCE REPORT (H. REPT. NO. 2693, PAGE 8) CONTAINS THE FOLLOWING CONCERNING SECTION 22/A):

THE HOUSE BILL PROVIDED THAT THE FINDINGS OF THE COMMISSION SHALL HAVE THE EFFECT OF JUDGMENTS OF THE COURT OF CLAIMS AND BE PAID IN LIKE MANNER. THE SENATE AMENDED THIS SO AS TO PROVIDE THAT WHEN THE AWARDS OF THE COMMISSION HAVE BEEN FILED WITH CONGRESS'"THE AMOUNT FOUND DUE BY THE COMMISSION SHALL, UPON APPROPRIATION THEREFOR BY CONGRESS, BE PAID IN SUCH MANNER AS CONGRESS SHALL PROVIDE;, THE SENATE AMENDMENT, IT WAS FELT, LEFT UNCERTAIN THE STATUS OF FINAL DETERMINATIONS BY THE COMMISSION. IN ORDER TO MAKE PERFECTLY CLEAR THE INTENTION OF BOTH HOUSES THAT THE DETERMINATIONS OF THE COMMISSION SHOULD, UNLESS REVERSED, HAVE THE SAME FINALITY AS JUDGMENTS OF THE COURT OF CLAIMS, SECTION 22 (A) WAS REWRITTEN TO PROVIDE EXPRESSLY THAT FUTURE CONGRESSES MAY APPROPRIATE SUCH SUMS AS MAY BE NECESSARY TO PAY THE FINAL AWARDS OF THE COMMISSION.

THE LEGISLATIVE HISTORY OF SECTION 22/A) MAKES IT CLEAR THAT THE PURPOSE OF THE SECTION WAS TO INSURE THAT REPORTS OF THE INDIAN CLAIMS COMMISSION, WHEN FILED WITH THE CONGRESS, WOULD HAVE THE SAME FINALITY AS JUDGMENTS OF THE COURT OF CLAIMS, AND ACCORDINGLY THE SECTION AUTHORIZES THE MAKING OF APPROPRIATIONS TO PAY AWARDS OF THE COMMISSION. IN OTHER WORDS SECTION 22/A) GIVES REPORTS OF THE INDIAN CLAIMS COMMISSION, WHEN FILED WITH CONGRESS, THE SAME STATUS AS FINAL JUDGMENTS OF THE COURT OF CLAIMS, INSOFAR AS FINALITY IS CONCERNED, AND APPARENTLY PRECLUDES A POINT OF ORDER BEING RAISED AGAINST AN APPROPRIATION TO PAY THE COMMISSION AWARDS. THERE IS NOTHING IN THE LEGISLATIVE HISTORY OF THE ACT CONTAINING SECTION 22/A) TO INDICATE THAT THE CONGRESS INTENDED SECTION 8 OF THE SPECIAL JURISDICTIONAL ACT TO BE APPLICABLE TO REPORTS OF THE INDIAN CLAIMS COMMISSION. IN THIS CONNECTION WE NOTE SECTION 11 OF THE BILL ESTABLISHING THE INDIAN CLAIMS COMMISSION, AS PASSED BY THE HOUSE, CONTAINED LANGUAGE AUTHORIZING THE TRANSFER OF SUITS PENDING IN THE COURT OF CLAIMS TO THE COMMISSION AND MAKING CERTAIN PROVISIONS OF COURT OF CLAIM'S "JURISDICTIONAL" ACTS APPLICABLE TO PROCEEDINGS BEFORE THE INDIAN CLAIMS COMMISSION. HOWEVER, SECTION 11, 25 U.S.C. 70J, WAS AMENDED IN THE SENATE TO PROHIBIT THE TRANSFER OF SUITS FILED IN THE COURT OF CLAIMS (UNDER THEN EXISTING LEGISLATION) TO THE INDIAN CLAIMS COMMISSION, AND THE SENATE AMENDMENT PREVAILED.

ALSO, IT SHOULD BE NOTED THAT SECTION 25 OF THE INDIAN CLAIMS COMMISSION ACT, 25 U.S.C. 70 NOTE, SPECIFICALLY PROVIDED THAT EXISTING PROVISIONS OF LAW AUTHORIZING SUITS IN THE COURT OF CLAIMS BY INDIANS AND GOVERNING THE CONDUCT OR DETERMINATION OF SUCH SUITS "SHALL CONTINUE TO APPLY TO ANY CASE HERETOFORE OR HEREAFTER INSTITUTED THEREUNDER SAVE AS PROVIDED BY SECTION 11 HEREOF AS TO DEDUCTIONS OF PAYMENTS, OFFSETS, COUNTERCLAIMS, AND DEMANDS;, THERE IS NOTHING IN THAT ACT, HOWEVER, PROVIDING THAT EXISTING PROVISIONS OF LAW (JURISDICTIONAL ACTS) AUTHORIZING SUITS IN THE COURT OF CLAIMS BY INDIANS SHALL BE APPLICABLE TO PROCEEDINGS BEFORE THE INDIAN CLAIMS COMMISSION.

IN LIGHT OF THE FOREGOING WE CANNOT AGREE THAT SECTION 8 OF THE ACT OF JULY 30, 1946, IS APPLICABLE TO SO-CALLED "JUDGMENTS" OF THE INDIAN CLAIMS COMMISSION RENDERED UNDER THE ACT OF AUGUST 13, 1946, IN FAVOR OF THE TRIBES INVOLVED HERE, SO AS TO AUTHORIZE THE PAYMENT OF 4 PERCENT INTEREST ON SUCH JUDGMENTS FROM THE DATE OF THE JUDGMENT TO THE DATE THE FUNDS ARE PLACED IN THE TREASURY TO THE CREDIT OF THE INDIANS.