[Federal Register Volume 61, Number 92 (Friday, May 10, 1996)]
[Notices]
[Pages 21533-21534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11672]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
[Treasury Directive Number 12-70]
Delegation of Authority of Functions and Establishment of
Responsibilities Relating to the Institute of American Indian Arts
May 3, 1996.
1. Purpose. This Directive delegates authority and establishes
responsibilities for functions relating to the Institute of American
Indian and Alaska Native Culture and Arts Development's (referred to as
the ``Institute of American Indian Arts'' or the ``Institute'') two
trust funds: the Program Enhancement Endowment and the Capital
Improvement Endowment.
2. Scope. This Directive applies to the Office of the Assistant
Secretary for Management & CFO, Office of Inspector General (OIG),
Office of the Commissioner of Internal Revenue (IRS), Office of the
Commissioner, Financial Management Service (FMS), and Office of the
Deputy CFO.
3. Background. Treasury Order (TO) 102-11 delegates the authority
vested in the Secretary of the Treasury by 20 U.S.C. 4425 for the
Institute of American Indian and Alaska Native Culture and Arts
Development to the Assistant Secretary for Management & CFO and to the
Inspector General.
a. The Institute, a Government-controlled corporation and not an
agency of the United States, was established by Congress in October
1986 by Public Law (Pub. L.) 99-498. It submits an annual report to
Congress, submits its budget directly to Congress, and receives
appropriations (20 U.S.C. 4451) to meet normal operating expenses. It
is designated as its own certifying agency for funds appropriated to it
(20 U.S.C. 4451)(a)(4)). Pub. L. 101-644, 104 Stat. 4669, dated
November 29, 1990, enacted an amended 20 U.S.C. 4425, ``Endowment
Programs,'' expanding the role of the Secretary of the Treasury in the
Institute. This amendment established the Program Enhancement Endowment
and the Capital Improvement Endowment trust funds. Statutory amendments
(Pub. L. 101-644, Title V, Sec. 505, dated November 29, 1990) and 20
U.S.C. 4416(f) further established a Federal matching contribution for
private contributions to the trust funds, such that the Program
Enhancement Endowment and the Capital Improvement Endowment may accept,
in addition to cash contributions, ``noncash, in-kind contributions of
real or personal property'' which may be converted to cash. Federal
matching contributions are limited by the annual appropriation for
matching purposes.
b. The statute requires the Secretary of the Treasury to:
(1) establish procedures for appraisal of noncash donations to the
Institute;
(2) transfer to the Institute funds constituting the Federal
capital contribution to the Program Enhancement and Capital Endowment
trust funds established by Sec. 4425(a) and Sec. 4416(f) equal to the
amount the Institute demonstrates it has received as private
contributions (either cash or noncash). It is Treasury's responsibility
to establish appropriate procedures concerning cash contributions and
how the Institute will ``demonstrate'' receipt; and
(3) review and approve the governing provisions of the trust funds
established under Sec. 4425, including the recordkeeping requirements,
as will allow for the Secretary of the Treasury to audit and monitor
the activities of the trust funds covered in 20 U.S.C. 4425(c)(3).
4. Delegations. The authority delegated to the Assistant Secretary
for Management & CFO by TO 102-11 is redelegated as follows.
a. The Deputy CFO is delegated the authority contained in 20 U.S.C.
4425 to perform the functions vested in the Secretary by that section,
as redelegated under TO 102-11, subject to the delegations in
paragraphs 4.b. and 4.c.
b. The Commissioner of Internal Revenue is delegated the authority
to:
(1) amend the procedures for appraising contributions to the
Institute established in accordance with 20 U.S.C. 4425(a)(3); and
(2) assist the General Services Administration (GSA) in reviewing
such appraisals.
c. The Commissioner, Financial Management Service, is delegated the
authority to:
(1) establish and maintain necessary Government account symbols for
the Institute's appropriated amounts;
(2) make payment transfers of Federal funds to the Institute
pursuant to, and in accordance with, the provisions of 20 U.S.C. 4451,
4425(a)(4) and (b)(5); and
(3) complete all necessary Federal transfer and reporting forms
related to the Institute's appropriated amounts.
5. Responsibilities.
a. The Inspector General (IG) shall perform an annual financial
statement audit of the Program Enhancement Endowment and the Capital
Improvement Endowment trust funds. The IG shall conduct these audits
in-house or through a contractual arrangement.
b. The Deputy CFO shall:
(1) review and ensure that the recordkeeping procedures for the
trust funds, the Program Enhancement Endowment and the Capital
Improvement Endowment, are adequate to protect the financial interest
of the United States for the:
(a) investment of Federal funds received by the trust funds; and
(b) expenditure of accumulated interest for the trust funds; and
(2) monitor the activities of the trust funds by reviewing the
quarterly unaudited financial statements for the trust funds.
c. The Commissioner of Internal Revenue shall perform the duties
stated in paragraph 4.b. and as specified in the Memorandum of
Understanding (MOU) dated February 3, 1995, between GSA, the Institute
and the Department of the Treasury.
d. The Commissioner, Financial Management Service, shall perform
the duties stated in paragraph 4.c. and as specified in the MOU dated
February 3, 1995, between GSA, the Institute and the Department of the
Treasury.
6. Authorities.
a. TO 102-11, ``Delegation--Institute of American Indian Arts,''
dated March 17, 1992.
b. 20 U.S.C. 4425, ``Endowment Programs.''
c. 20 U.S.C. 4451, ``Authorization of Appropriations.''
d. 20 U.S.C. 4416(f), ``Applicability''
7. Cancellation. Treasury Directive 12-70, ``Delegation of
Authority of
[[Page 21534]]
Functions and Establishment of Responsibilities Relating to the
Institute of American Indian Arts,'' dated November 25, 1992, is
superseded.
8. Expiration Date. This Directive expires three years from the
date of issuance unless superseded or cancelled prior to that date.
9. Office of Primary Interest. Office of the Deputy CFO, Office of
the Assistant Secretary for Management & CFO.
George Munoz,
Assistant Secretary for Management & CFO.
[FR Doc. 96-11672 Filed 5-9-96; 8:45 am]
BILLING CODE 4810-25-P
