[Audit Report on the Financial Statements for Fiscal Year 1996 for the Office of the Special Trustee for American Indians Tribal, Individual Indian Monies, and Other Special Trust Funds Managed by the Office of Trust Funds Management]
[From the U.S. Government Printing Office, www.gpo.gov]

Report No. 98-I-206

Title: Audit Report on the Financial Statements for Fiscal Year
       1996 for the Office of the Special Trustee for American
       Indians Tribal, Individual Indian Monies, and Other Special
       Trust Funds Managed by the Office of Trust Funds Management

Date: January 23, 1998


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CONTENTS

Page

REPORT ON FINANCIAL STATEMENTS FOR FISCAL YEAR 1996
FOR THE OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN
INDIANS TRIBAL, INDIVIDUAL INDIAN MONIES, AND OTHER
SPECIAL TRUST FUNDS MANAGED BY THE OFFICE OF
TRUST FUNDS MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

APPENDICES

1. STATUS OF RECOMMENDATIONS FOR AUDIT REPORT 97-I-196  . . . . . . 67

2.  RESPONSE FROM THE BUREAU OF INDIAN AFFAIRS  . . . . . . . . . . . . . . . . 68

3. STATUS OF AUDIT REPORT RECOMMENDATIONS . . . . . . . . . . . . . . . . . . o 70

 
G-IN-BIA-001-97

United States Department of the Interior

OFFICE OF INSPECTOR GENERAL
Washington, D.C. 20240

JAN 23 1998

Memorandum

To:  Special Trustee for American Indians,
     Office of the Special Trustee for American Indians

From:     Robert J. Williams
     Assistant Inspector Genera1 for Audits

Subject:  Audit Report on the Financial Statements for Fiscal Year 1996 for the Office of the
Special Trustee for American Indians Tribal, Individual Indian Monies, and Other
Special Trust Funds Managed by the Office of Trust Funds Management (No. 98-I-206)

Thus report presents the results of the audit of the Statement of Assets and Trust Fund Balances
and the Statement of Changes in Trust Fund Balances for Tribal, Individual Indian Monies,
and Other Special Trust Funds as of and for the year ended September 30, 1996, performed
by the independent certified public accounting firm of Griffin and Associates, PC. The Trust
Funds, which are managed by the Office of Trust Funds Management, under the Office of the
Special Trustee for American Indians, consist of tribal and individual Indian monies and other
special appropriated funds.

The audit was required by the Chief Financial Officers Act of 1990, as amended. This is the
second audit of the financial statements of the Trust Funds. Our responsibility was to ensure
that the audit was performed in accordance with the requirements of the Act and Office of
Management and Budget Bulletin 93-06, "Audit Requirements for Federal Financial
Statements." We made quality control reviews of the audit work performed by Griffin and
Associates and provided technical assistance as appropriate. Based on our reviews, we found
that the audit work by Griffin and Associates was performed in accordance with the
requirements of the Act and the Bulletin. We believe that the financial statements, along with
Griffin and Associates opinion, the report on the internal control structure, and the report on
compliance with applicable laws and regulations, and our review of that work provide the
Office of Trust Funds Management, the Special Trustee, and the Department of the Interior's
Chief Financial Officer with a basis for evaluating the financial position of the Trust Funds
and the limited progress made by the Office of Trust Funds Management in improving its
overall operations.

In the report on the financial statements, Griffin and Associates issued a qualified opinion
because cash and overnight investments could not be independently verified, cash balances
were materially greater than those reported by the U.S. Treasury, major deficiencies in
accounting systems controls and records caused the systems to be unreliable, and certain Trust

 
Furxis beneficiaries disagreed with balances recorded by the Office of Trust Funds
Management and had filed or were expected to file claims against the Office of Trust Funds
Management. These conditions prevented the cash and trust funds balances and the receipts
and disbursements from being audited.  In addition, a potential liability to the Federal
Government exists because of the claims filed by the beneficiaries over the Government's
fiduciary responsibilities.

The independent public accountant's report on the internal control structure contained 14
recommendations to address three material weaknesses, nine reportable weaknesses, and two
advisory comments as follows:

   - The three material internal control weaknesses (pages 40-45) identified were: (1)
inadequate internal financial reporting, which hampered management's ability to analyze
receipt and disbursement activity; (2) unapproved disbursements totaling $900,000 from the
trust funds; and (3) the ineffective or inconsistent implementation of management policies and
procedures by field offices.

   - The nine reportable internal control weaknesses (pages 45-53) identified were the:
(1) failure to include the cash located in suspense and budget clearing accounts as part of the
cash reconciliation analysis; (2) recording of prior period adjustments to the individual Indian
monies subsidiary ledger without adequate documentation; (3) lack of reliable individual
Indian monies account balances for investing; (4) understatement of investments by $679,642
by the newly implemented Bolt II investment accounting system; (5) inadequate policy and
procedures governing the use of the individual Indian monies special deposit account and the
use of this account by field staff in a manner inconsistent with management's stated purposes;
(6) inconsistent distribution practices for interest earnings. which resulted in inequitable
distributions to individual Indian monies account holders; (7) inclusion of individual Indian
monies accounts with negative balances in the determination of interest earnings distributed
to all accounts, which lowered the earnings distributed to accounts with positive balances; (8)
lack of distribution of individual Indian monies interest earnings from mortgage-backed
securities when earned because of an inappropriate accounting practice; and (9) overstatement
of trust funds balances by $4 million because some transfers were recorded as receipts.

   - The two advisory internal control comments (pages 53-55) identified were the: (1)
lack of written policies and procedures for overnight investments and (2) failure to develop
a needs assessment and implementation plan for converting to the new Bolt II investment

accounting system.

The independent public accountant's report on compliance with laws and regulations
contained a notice that some tribal organizations and classes of Indian individuals have filed
various claims against the Federal Government for failure to fulfill its fiduciary
responsibilities. The report also addressed a material noncompliance issue relating to the
unauthorized disbursement of trust funds (pages 63 and 64) and three immaterial

2

 
noncompliance issues (pages 64 and 65). Although the report contained no recommendations
for these issues, the Office of Trust Funds Management responded to all four of the
noncompliance issues.

In addition to the results of the audit of the Statements as of and for the year ended
September 30, 1996, the Report of Independent Public L4ccounts also contains information on
the Office of Trust Funds Management's and the Bureau of Indian Affairs minimal progress
in addressing the material weaknesses and reportable conditions (Recommendations 1-16,
pages 55-61) identified in the prior audit report "Statement of Assets and Trust Fund Balances
at September 30, 1995, of the Trust Funds Managed by the Office of Trust Funds
Management, Bureau of Indian Affairs" (No. 97-I-l96), issued in December 1996. The
corrective actions concerning these prior year findings are summarized in Appendix 1.

The independent public accountant's report on compliance with laws and regulations also
summarized the noncompliance issues identified in the fiscal year 1995 audit report (pages 65
and 66).

Based on the response from the Office of Trust Funds Management (which was incorporated
into the independent auditor's report) and the response from the Bureau of Indian Affairs (see
Appendix 2) to the 14 recommendations (Nos. 17-30) addressing fiscal year 1996 activities,
we consider Recommendations 17-26 and 28 and 29 resolved but not implemented and
Recommendations 27 and 30 resolved and implemented. Accordingly, the unimplemented
recommendations will be referred to the Assistant Secretary for Policy, Management and
Budget for tracking of implementation, and no further response to the Office of Inspector
General is required (see Appendix 3).

The legislation. as amended, creating the Office of Inspector General requires semiannual
     ,
reporting to the Congress on all audit reports issued, actions taken to implement audit
recommendations, and identification of each significant recommendation on which corrective
action has not been taken.

cc: Assistant Secretary for Indian Affairs

 
  U.S.  DEPARTMENT OF THE INTERIOR
   OFFICE OF THE SPECIAL TRUSTEE
       FOR AMERICAN INDIANS
TRIBAL, INDIVIDUAL INDIAN MONIES AND
     OTHER SPECIAL TRUST FUNDS
          MANAGED BY THE

OFFICE OF TRUST FUNDS MANAGEMENT
             \

FINANCIAL STATEMENTS

SEPTEMBER 30, 1996

WITH REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS

 
        U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL,  INDIVIDUAL INDIAN MONIES AND
           OTHER SPECIAL TRUST FUNDS
                 MANAGED BY THE
        OFFICE OF TRUST FUNDS MANAGEMENT

TABLE OF CONTENTS

SEPTEMBER 30, 1996

OVERVIEW

REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS ON

FINANCIAL STATEMENTS

STATEMENT OF ASSETS AND TRUST FUND BALANCES

STATEMENT OF CHANGES IN TRUST FUND BALANCES                   10

NOTES TO THEi FINANCIAL STATEMENTS

SUPPLEMENTARY COMBINING SCHEDULE OF ASSETS
  AND TRUST FUND BALANCES

SUPPLEMENTARY COMBINING SCHEDULE OF CHANGES
  IN TRUST E'UND BALANCES

REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS ON
  INTERNAL CONTROL STRUCTURE

REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS ON
  COMPLIANCE WITH LAWS AND REGULATIONS

Paqe


l-6

7  -8


  9

11  - 26


  27

28

29  - 51

52  - 55

 
        U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL, INDIVIDUAL INDIAN MONIES AND
           OTHER SPECIAL TRUST FUNDS
                 MANAGED BY THE

OFFICE OF TRUST FUNDS MANAGEMENT

OVERVIEW OF THE REPORTING ENTITY

SEPTEMBER 30, 1996

 
MISSION AND ORGANIZATIONAL STRUCTURE

HISTORICAL  PERSPECTIVE

Funds have been held in trust for American Indians by the federal government since
1820.  The Office of Indian Affairs (OIA) was made a part of the War Department on
March 11,  1824, and almost immediately criticisms arose regarding the managezmnt of
Indian financial matters.   The OIA operated informally until 1832, when the first
Commissioner of Indian Affairs was appointed by Congress.  In 1834, during the 23rd
Congress, the   House of  Representatives   Conmittee on   Indian  Affairs  passed
legislation to address the management of Indian trust funds.   In 1849, the OIA was
transferred to the Department of the Interior.   The Act of February 12, 1929
authorized the payment of interest on certain funds held in trust by the United
States for Indian tribes, and the Act of June 24,  1938 authorized the deposit and
investment of Indian monies.   In 1947,  the Bureau of Indian Affairs (BIA) was
officially established.  Since then, the responsibility for the management of Indian
trust funds has been determined by a series of treaties,  statutes,  and court
decisions.

The American Indian Trust Fund Management Reform Act of 1994 (P.L. 103-412) was
passed by the 103rd Congress and signed by President Clinton on October 25, 1994.
The major provisions of P.L.  103-412 allow Indian Tribes greater input and control
over   their   trust   fund   accounts and   the   reaffirmation of   the   Governmentfs
responsibility by:

Title I - Recognition of Trust Responsibility;

(1)   Providing affirmative action,  responsibility for the daily and annual
   balances of Indian Trust Funds, payment of interest on Individual Indian
    Moneys accounts, and authority for payment of claims for interest owed.

Title II - Indian Trust F'und Management Program;

(2)

Providing for voluntary withdrawal and management of the Indian Tribes
own funds, providing Indian Tribes with technical assistance, authority
to award grants to Indian tribes for the development and implementation
of investment plans  of Indian tribal trust funds,  and provisions to
return withdrawn funds.

Title III - Special Trustee for American Indians;

(3)   Establishing a  Special   Trustee to   oversee   all  aspects of   trust
   management reform within the BIA,  Bureau of Land Managermnt and the
   Minerals Management Service including the coordination of policies,
   practices,  systems development,   technical  assistance,  training and
   recruitment of Indians in the Trust management programs,  and regular
   reporting to Tribal and Individual Indian Money (IIM) account holders.

 
TREATIES,  LAWS AND AGREEMENTS

The responsibility, or trusteeship,  for the holding of funds by the United States
for the benefit of individual Indians and Indian Tribes was first and most
iqortantly established by treaties.   However,  it was not until 1820 that the
federal government adopted the policy of holding tribal funds in trust.'  However f
since  1871,  the Congress,  acting within the scope  of its constitutional powersI
controlled and managed Tribal and individual Indian funds through legislation.

There are also agreements involving  fund managmnt between the Tribes and the
Federal government by which a specific Indian trust fund is established. The
holding and management of trust funds has also been a long standing principle of the
federal govermmnt.

DESIGNATED TRUSTEE

The Secretary of the Interior (the Secretary) is designated as Trustee of funds held
by the federal  governme nt for Indian Tribes and individual Indians.   The Secretary
delegated authority for the management  of Indian trust funds to the Assistant
Secretary  - Indian Affairs.   This authority was re-delegated to the BIA and was
administered by the BIAls Office of Trust Funds Management.

Prior to October 1989,  trust funds management  within the BIA was spread across
various offices with little or no coordination of policy and/or management controls.
Secretarial Order No.  3137, &ted October 26,  1989, established the Office of Test
Funds Management   (OTFM).    The OTFM is  responsible  for the development and
implementation of all policies and procedures governing the trust funds management
prow- I  and prior to February 1996,  reported directly to the Deputy Commissioner of
Indian Affairs.  The OTEM, located in Albuquerque, New Mexico, oversees the Indian
trust fund operations at the BIA Area/Agency Offices as opposed to the general trust
responsibility,  such as education, housing,  social programs of all types and other
American Indian services provided by the BIA.   The mission of OTFM is, "To assure
the highest  level of accuracy' responsiveness and service in the collection,
investment and disbursement of all judgment awards,  Special Acts and income from
trust resources belonging to Native American Indians."

Secretarial Order No. 3197 f &ted February 9, 1996, established the Office of the
Special Trustee for American Indians  (OST) f  and transferred the OTF'M and other
financial trust services functions from the BIA into the Office of the Special
Trustee.

Under P-L.  103-412,  the Special  Trustee is required  to develop and recommend a
Strategic Plan of Reforms to the Secretary and the Committee on Natural Resources of
the House of Representatives  and the Committee on Indian Affairs of the Senate.
Once the plan is approved,  the Special Trustee oversees  the implementation of the
Strategic  Plan of Reforms.   Conditioned upon iqlempntation of rtformsf the OST
shall  continue  until  all reforms  identified in  the strategic plan have been
iqlemented.   There are no plans to transfer any other office or any other trust

1

  Historical and legal Analysis  of the Federal Government's Fiduciary Duties
Regarding American Indian Trust Funds, by Curtis G. Berkey, May, 1988, Indian Law
Resource Center.

2

 
functions into the OST. The OTFM will be transferred to another unit, detemnined by
Congress, when the Office of the Special TN8tee it Sunset.

FIDUCIARY RESPONSIBILITY

In carrying out the management and oversight of the Indian Trust Funds, the
Secretary has a fiduciary responsibility to ensure that tNst accounts are properly
maintained and invested in accordance with applicable laws, and that accurate and
complete reports are provided to the account holders.

Decisions of the Supreme Court reviewing the legality of administrative conduct in
managing Indian property have held officials of the United States to  %ozal
obligations  of the highest Iresponsibility and tnzst" and  "the 2nost exacting
ficiuciaxy standards," and be %ound by cvcry moral and equitable consideration to
discharge its trust with good faith and fairness."

TRUST

ACCOUNTS            .

Indian Tribes and individual Indians trust funds are primarily derived from claims
judgment  awards  and proceeds  from  surf ace and  sub-surf ace  leasing  such as
agriculture, business' timber, minerals, or oil and gas.  The major portion of
tribal funds consist of judgment awards  (68% as of September 30, 1996) while
individual  Indian funds  realize  receipts primarily from royalties on natural
resource depletion, land use agre-nts, enterprises having a direct relationship to
Trust fund resources f per capita payments, and investment income.  The composition
of Indian trust funds, when taken as a whole, in terms of the source of funds has
not changed significantly since April 1993 with the establishment of the Tribal

Economic Recovery Fund, however f the value
have grown.

of the funds and number of the accounts

OTFM PROGRAM STRUCTURE

The Office of Trust Funds Management operates in the following program structure.

0  Division of Trust Funds Quality Assurance - Responsible for issuing policies
and procedures, and records keeping while establishing a basis for performing
internal, financial and compliance reviews.

o  Division of Trust Funds Services - The Branch of Investments is responsible
for trust fund investment functions and the Branch of Customer Service
interacts directly with account holders to provide custoaber services to tribal
and individual account holders.

0  Division of Trust Funds Accounting - F2esponsible for the day to day operations
for all investments, Tribal and Individual Indian Money accounting functions.

0  Division of  Trust Funds  systems -  Responsible  for providing technical
assistance to users of the OTFM systems, as well as new software systems and
hardware enhancements.

3
9

 
o  Division of Trust mnds Reporting/Reconciliation - Responsible for financial
  reconciliation efforts and responsible for all financial reporting to the OMB,
  Department of the Treasury,  Department of the Interior and providing other
  special reports.

TRUST EWND ACCOUNTING SYSTEMS

Prior to April 1, 1995,  the primary accounting system for all trust funds accounts
managed by OTE'M was the Trust Funds Management System (TFMS).  The TF'MS was a system
developed in the 1960s by the BIA and was used for all accounting activities prior
to 1991.   In 1991,  the BIA converted its accounting activity to the Departnrnt of
Interior's Federal Financial System (FFS),  while the trust funds remain on the TFMS.

During the TFMS era,  a subsidiary accounting system was contracted for the purpose
of managing the investzmnt portfolios of the trust accounts.  This system was known
as the Money Max system,  and later as Series II,  as provided under contract by
SunGard.

The IIM accounts are kept on a subsidiary accounting system known as the IIM system.
The IIM system is part of a larger BIA system known as  the Integrated Records
Management System (IRMS).

On April 1, 1995,  the OTE'M converted to a commercial trust asset management system
known as the OmniTrust system.  The OmniTrust system replaced the TFMS and the Money
Max/Series II systems and is used by a number of major trust departments across the
country.  The IIM accounts continue to be maintained on the IIM/IRMS system.

The OmniTrust system does not amortize premiums nor accrete discounts on investment
purchases  using the effective interest method in accordance with  commercial
standards.   In 1996,  OTFM implemented the Bolt II  system to satisfy financial
reporting requirements in order to appropriately perform amnrtization and accretion
calculations for the investment portfolio,  in accordance with Statmnt of Financial
Accounting Standards No. 91 guidelines.

TRUST EWND REPORTING ENVIRONMENT

The Indian trust funds managed by OTE'M are held in eight separate Department of the
Treasury (Treasuxy) accounts, called Qppropriations."  Appropriations are reported
as funds with Treasury. The appropriations vary from Treasury Account Symbols.
Treasury Account Synrbols are for reporting Clearing and Suspense Accounts by Agency
Location Code.

Indian Trust Fund appropriations represent separate Indian trust funds and Special
Trust Funds, created and managed for different purposes and groups of beneficiaries.
The financial activity in each of the Appropriations is reported to the Treasury on
a monthly and annual basis through a series of reports required and &fined by the
Treasury.

Each of the Indian trust funds managed by OTFM has a particular history and set of
documents which define why the trust was created, purpose for which it is intended,
who its beneficiaries are,  and other information needed to manage the fund. In
almost every trust,  the beneficiaries  are either Indian Tribes,  Alaska Native

4

 
Corporations and Villages, or individual American Indians.  The beneficiaries are
often referred to as account holders.  Tribal trust funds managed in the OmniTrust
system receive quarterly and annual statements on their accounts.  Other optional
statements are available on request.  American Indians whose accounts are managed in
the IIM system receive quarterly statements, as required by P.L. 103-412.

Financial statements for the American Indian Trust Funds are required as defined by
the Chief Financial Officers Act of 1990 (CFO Act), and P.L. 103-412.  The form and
content of the OTFM's financial statements as of Septerrber 30, 1996, which this
Overview is a part, are defined by the OMB Circular 94-01.  The CFO Act further
requires that agencies obtain an annual financial audit in accordance with Federal
government standards.  The accompanying financial statements have been produced by
the OTEM management to comply with these requirements.

The OTFM and the DOI, Financial Management Office are working
authoritative accounting body and/or the Federal Government
language addressing financial reporting and public disclosu
financial trust activities for Tribal, Individual Indians and
Funds, managed by the Federal Government.

jointly to have an
to issue specific
re  requirements of
other Special Trust

The OTE'M currently is required to account for its trust fund activities under the
compiehensive accrual method of accounting, in accordance with the CFO Act and
Generally Accepted Accounting Principles   ??? o  The accrual accounting method
however is not consistent with financial reporting requirements for commercial trust
activities, which utilize the cash basis method of accounting.

The preceding  paragraph is  just  one  example of  financial  trust  reporting
discrepancies that exist between the Federal Gove rnment and the commercial sector.
The disparity in accounting practices for trust funds managed by the Federal
Government versus trust funds managed in the commercial sector needs to be reviewed.
This review should culminate with the issuance of authoritative guidance on the
topic of financial reporting and public disclosure requirements of financial trust
activities for Tribal, Individual Indians and other Special Trust Funds managed by
the Federal Government.  These reporting and disclosure requirements should be
required in order for the Federal Government to provide and compile meaningful
financial trust information and trust financial statements to external and internal

users.

The OTFM believes that the financial trust activities that it oversees should have
financial and disclosure requirements consistence with that of the commercial
sector.  However, until financial reporting and disclosure requirements are issued
that supersede current requirements, the OTE'M will continue to report for Indian
financial trust activities in accordance with CFO Act requirements.

FINANCIAL PROGRAM

PERFORMANCE

IIMPROVEMENTS

Since Secretarial Order No. 3137, dated October 26, 1989, established the Office of
TNst Funds Management (OTFM).  The OTFM is responsible for establishing proper
controls and accountability for operation and management of Indian trust funds as
well as receiving from the BIA reportable Material Weakness of Individual Indian
Monies (IIM) and Tribal Trust Funds.

5
11

 
There have been changes to the internal control structure subsequent to September
30, 1995:  The significant administrative control elements instituted in the OTFM
organization  is the direct supervision of field offices and operations by Chief,
Division of Field Operations.  This position has been encumbered since January 1997.
Second,  the Memorandum of Understanding between OST/OTF'M and BIA will &fine the
operational  capabilities  for the trust fund operations and is anticipated for
implementation in Fy 1997.  Other progressive steps have been iqlemented like the
issuance of Investment Policy,  establishment of an investments Executive Review
Committee,  IIM Reconciliation Project,  Investments Records Management, and increased
training.

The Special Trustee,  of which the OTFM is an organization  within the OST, is
preparing to deliver a Strategic Plan of Reforms to the Secretary and United States
Congress that will address the trust managurrnt problems in calendar year 1997.

PERFORMANCE GOALS AND RESULTS

Secretarial Order No.  3197, &ted February 9,  1996, ilcmcnted the OST as defined
in P.L.  103412, American Indian Trust Fund Management Reform Act,   and transferred
the OTFM and other financial trust serVices functions from the BIA into the Office
of   the  Special   Trustee.    In preparation of   the Fiscal   Year  1998 Budget
Justification,  the OTFM has expressed language on annual perfo rmanceplans under the
Government  Performance  and Results Act  (-RN.    The expression of term8 of
objective,  relevant measures that disclose the extent to which its programs are
achieving  the intended objectives will be the initial  co-ications  in the
evaluation processes.

LIMITATIONS OF THE FINANCIAL STATEMENTS

The financial statements have been prepared to report the assets and trust fund
balances,  and changes in fund balances as of September 30, 1996.

The statements have been prepared from the books and records of the OTFM in
accordance with the formats prescribed by OMB.

The statements are a footnote as a component of the U.S. Government,  a sovereign
entity.  One implication of this is that liabilities cannot be liquidated without
legislation that provides resources to do so.

CONCLUSION

The spirit and intent of the American Indian Trust E'uncis has its traces back to the
early 1800s.  The OTFM, in its brief history,  nmhraces the honor and cozuaitment to
manage and adequately maintain and administer  the fiduciary responsibility to the
account holders.   The Office of the Special Trustee for American Indians and the
Office of Trust Funds Management are enthusiastic about the reforms and conceptual
plans for the future regeneration of the inherent accountability and responsibility
to our account holders.

6

12

 
       U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL, INDIVIDUAL INDIAN MONIES AND
           OTHER SPECIAL TRUST FUNDS
                MANAGED BY THE

OFFICE OF TRUST EWNDS MANAGEMENT

REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS ON FINANCIX, STA-TS

SEPTEMBER 30, 1996

13

 
GRIFFIN & ASSOCIATES, IX.

CERTIFIED PUBLIC ACCOUNTANTS                                    DAND.GRIFFIN

REPORT OF INDEPENDENT. PUBLIC ACCOUNTANTS ON FINANCIAL STATEMENTS

To the U.S. Department of the Interior

Office of the Special TNStee for Azmrican Indians:

We have audited the accoqanying Statement of Assets and Trust Fund Balances and the
related Statement of Changes in  Trust Fund Balances for the Tribal,  Individual
Indian Monies and Other Special Trust Funds managed by the U.S. Deparbnent of the
Interior Office of the Special Trustee for American Indians Office of Trust Fund8
Management (the  ~OTE'W') as of and for the year ended September 30, 1996.   These
financial   statements   are  the responsibility of management  of the OTFM.
responsibility is to express an opinion  on these financial statements based on OUI
audit.   As discussed in Note 2,  the accounting policies used by OTFM to prepaxe
these financial statements are in accordance with Office of Management and Budget
(\'OMB") Bulletin Number 94-01,  which is a comprehensive basis of accounting other:
than generally accepted accounting principles.

Except as discussed in the following paragraph,  we conducted our audit in accordance
with generally accepted auditing standards,  standards for financial audits contained
in Gove znment Auditing Stan&x& (1994 Revision)  issued by the Comptroller General
of the United States and OMB Bulletin 93-06,  "Audit Requiznnents for Feciexal
Financial Statements".   Those standards require that we plan and perform the audit
to obtain reasonable assurance about whether the financial statements are free of
material misstatement.   An audit includes examining,  on a test basis,  evidence
supporting the amounts  and disclosures in the financial statements.   An audit also
includes assessing the accounting principles used,  and significant estimates made by
management, as well as evaluating the overall financial statement presentation. We
believe that our audit provides a reasonable basis for our opinion.

As discussed further
overnight investments

in

are

the  Notes
maintained

to
bY

a re

Finan ci .a1
lated  U . s.

Statements,
Governmental

(1)

cash

Agency

and
(U.S.

Treasury) and cannot be independently confirmed,  (2) cash balances reflected in the
accompanying financial statements are materially greater than balances reported by
the U.S.  Treasury,  (3)  major inadequacies  in the Trust Fund accounting systems,
controls  and  records  caused the system to be unreliable,   (4)  various  Tribal
organizations  and classes of Individual Indians for whom the OTFM holds assets in
trust do not agree with certain OTFH accountings and balances recorded by the OTFM;
and certain of these parties have filed, or are expected to file, claims against the
OTE'M.  This may result in a potential liability to the Federal  gove nment so larye
that it is not reasonably estimable.    Because  of these matters,  it was  not
practicable to extend our auditing procedures  to enable us to express an opinion
regarding the basis on which cash and Trust E'und balances in the Statement of Assets
and Trust Fund Balances and individual categories within the Statement of Changes in
Trust Fund Balances are stated.

In our opinion, except for  the effect on the financial statements of adjustments
that might have  been determined had we been able to perform adequate audit

d-30 K4BLE MESA4 DRIVE, SUITE ClOO, BOC'LDER, COLORADO 80303
   PHONE (303)543-8868 o    FAX (303) 543-8869
Members of the American Institute of Certified Public Accountants
                   14

 
procedures to verify the financial elements described in the preceding paragraph,
the financial statements referred to above present fairly, in all material respects,
the financial position and change in Trust Fund balances of the Tribal, Individual
Indian Monies and Other Special Trust Funds managed by the U.S. Department of the
Interior Office of the Special Trustee for American Indians Office of Trust Fund8
Management as of September 30,  1996, and for the year then ended in conforzaity with
the comprehensive basis of accounting described in paragraph one above.

We have also issued separate reports dated January 17,  1997, on the OTF?#s internal
control structure and on its coqliance with laws and regulations.

The information in the Ovelrview Section, which management is required to submit, is
not a  required part  of the basic financial  statements,  but is supplementary
information required by OMB Bulletin Number 94-01,  \\Fonn and Content of Agency
Financial Statements."   We did not audit this information, and because of the
exceptions set forth above, we do not express an opinion on such information.

Our audit was made for the purpose of forming an opinion  on the basic financial
statements taken as a whole.   The Supplementary Combining Schedule of Assets and
Trust Fund Balances, and the related Supplementary Combining Schedule of Changes in
Trust Fund Balances as reflected on pages 27 -  28 are presented for purposes of
additional analysis and are not a required part of the basic financial statexmnts.
Such information has been subjected to the auditing procedures applied in the audit
of the basic financial statements,  and in our opinion,  except for  the items set

forth  above,

are fairly stated in  all  material  respects

financial statements taken as a whole.

GRIFFIN 6 ASSOCIATES, P.C.
Certified Public Accountants

relation  to  the basic

Boulder,  Colorado
January 17, 1997

8

15

 
        U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL, INDIVIDUAL INDIAN MONIES AND
          OTHER SPECIAL TRUST FUNDS
                 MANAGED BY THE

OFFICE OF TRUST FUNDS MANAGEMENT

FINANCIAL STATEMENTS

SEPTEMBER 30, 1996

16

 
        U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL,  INDIVIDUAL INDIAN MONIES AND
           OTHER SPECIAL TRUST FUNDS
                MANAGED BY THE
        OFFICE OF TRUST FUNDS MANAGEMENT

STATEMENT OF ASSETS AND TRUST FUND BALANCES
         SEPTEMBER 30, 1996

ASSETS

Non-Entity assets:
  Intragovernme ntal assets:
   Fund balance with Treasury (Note 4):
       Cash

Invesmnts (Note 5):
  Overnight inveswnts
  Governme nt backed securities

Accrued interest receivable                               29,867,169

Governmental assets:
Investments (Note 5):
   Certificates of deposit
   Equity securities
   Mortgage backed securities

Accrued interest receivable                                2,268,916

Total assets                              $ 2,814,613,730

S    3,776,896

224,073,381
2,251,340,436

33,826,175
17,657,OOO
251,803,757

TRUST E'UND BALANCES, held for Indian Tribes,
individual Indians and Other Special
  Trust Funds (Note 8)

$ 2,814,613,730

The accompanying notes are an integral part of these statmnts.
                            9

                          17

 
         U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL,  INDIVIDUAL INDIAN MONIES AND
            OTHER SPECIAL TRUST FUNDS
                  MANAGED BY THE
        OFFICE OF   TRUST FUNDS MANAGEMENT

STATEMENT OF CHANGES IN TRUST FUND BALANCES
  FOR THE YEAR ENDED SEPTEMBER 30, 1996

RECEIPTS:
  Interest and dividends earned
  on invested funds (Note 2):
   Intragovermm ntal assets

     G0Ve- ntal assets
  Gains on disposition of investments:
   Intragovernmental assets
     Governme ntal assets
  Other Receipts (Note 2C)

DISBURS-S:

Payments to and on behalf of
Indian Tribes,  individual Indians
and Other Special Trust Funds (Note 2D)
Withdrawal of trust fund
assets by Tribes

Receipts in excess of disbursememts

TRUST FUND BALANCES, beginning of year

S   167,588,167
   26,036,247

16,744,975
   779,881
604,847,979

815,997,249

(626,803,944)

(46,030,695)

143,162,610

2,671,451,120

TRUST EVND BALANCES, end of year (Note 8)                    $ 2,814,613,730

The accoqanying notes are an integral part of these statements.
                            10

18

 
         U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL,  INDIVIDUAL INDIAN MONIES AND
            OTHER SPECIAL TRUST FUNDS
                 MANAGED BY THE
        OFFICE OF TRUST EWNDS MANAGEMENT

NOTES TO THE FINANCIAL STATEMENTS
     SEPTEMBER 30, 1996

NOTE 1  -- BACKGROUND AND DESCRIPTION OF THE ORGANIZATION

A.  Ovelrview of Trust Funds,  the Office of the Special Trustee for American Indians

(\\OST") and the Office of Trust Funds Management (mOTFM')

Formation of the Trust Funds -  The legislation which authorizes the Secretary of

the Interior  (\\ the Secretary")  to manage the Tribal and Individual Indian Monies
(YIMW) Trust Funds ("Trust Funds") gives formal recognition to the relationship
that exists between the Indian Tribes and the U.S. Government.  At the time the U.S.
Government was founded,  Indian sovereignty was recognized.   Agreements between the
U.S. Government and the various Indian Tribes, therefore,  took the form of treaties.
During the course of the nation's history and the U.S.  Gove rnmenYs varying policies
toward Indian  Tribes,   this  relationship  has   retained  its  original  sovereign
characteristics.

The balances that have accumulated in the Trust Funds have generally resulted from
payments of claims by the U.S. Government, land use agreements, oil, gas and mineral
extraction and investment income.

The Secretary  has been designated by the U.S. Congress as the U.S. Government
trustee on behalf of the account holders of the Trust Funds.   Through February 8,
1996, the Secretary, in turn, delegated authority for management of the Trust Funds,
including accounting and financial reporting,  to the Assistant Secretary - Indian
Affairs,  who carried out the management of the Trust Funds through the OTFM.   The
American Indian Trust Fund Management Reform Act of 1994 (\\P.L. 103-412fl) provided
for the establishment of the OST.  As discussed in Note 7, on February 9, 1996, the
Secretary delegated authority for management of the Trust Funds to the OST, which
now oversees the OTFM.

Organization of the OST - The managmnt of the Trust Funds is accomplished through
a cooperative arrangement with the Bureau of Indian Affairs (Vhe Bureau"), OST and
OTFM.

+ Agency and Field Office -  The Bureau maintains 89 Agency and Field Offices

located throughout the United States.  Generally, Agency and Field Offices are
physically located near the Tribes served.  The Agency and Field Offices may
play a significant  role in Tribal affairs through assistance  in financial
planning,  financial operations and policy  and program development.    OST
personnel  located at most of the Agency offices perform various functions
related to trust activities.

+ Area Office - Each of the Agency and Field Offices is organized under one of
  12 Area Offices.   The Area Offices provide  administrative and operational
support for their respective Agency and Field Offices.

11

19

 
`i i
 

         U.S.  DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL, INDIVIDUAL INDIAN MONIES AND
           OTHER SPECIAL TRUST FUNDS
                 MANAGED BY THE
       OFFICE OF TRUST FUNDS MANAGEMENT

NOTES TO THE FINANCIAL STATEMENTS
     SEPTEMBER 30, 1996

+ Office of Trust Funds Management - The OTFM, established October 26, 1989, and
located in Albuquerque, New Mexico,  has management responsibility ovex all
  Indian Trust Funds.  The OTFM carries out its responsibilities through the
following Divisions and Staff Offices:

0 Division of Trust Funds Quality Assurance - This division plans, de~lops,
operates and controls the internal management systems evaluation program.
The division advises OTFM management on the efficiency, economy, legality
  and effectiveness of operations  at the program and field level. 9 It is
  responsible for receiving, communicating and monitoring compliance with all
mandated laws and regulations.

0 Division of Trust Funds Systems - This division provides daily OTFM-wide
  technical system support.

0 Division of Trust Funds Accounting - This division processes and controls
  accounting activities which record and report funds collected, disbursed,
  invested,  and held in trust.  It plans, develops,  and recommends policies
and procedures governing collection of Trust Funds, as well as monitoring
collections and recording of funds.  It is also responsible for investment
accounting activities and for providing custodial services for investxmnt
  activities.

0 Division of Trust Funds Services - This division plans, develops, operates,
and controls the buying, selling, and trading of investments in accordance
with applicable laws,  regulations,  and policies.   It provides technical
advice and assistance to Area Offices, Agency Offices,  and Indian Tribes in
developing financial plans and invesmnt strategies for Trust Funds.

0 Division of Reporting/Reconciliation - This division is responsible for
reconciling subsidiary accounts and monitoring Trust Fund activities. The
Division prepares certain financial and accounting reports for use within
the Federal government and for inclusion in various OTEM-wide reports.

B.  Description of the Trust Funds

The TNSt Funds are managed by the OTFM on behalf of Tribes, IIM account holders,
and Other Special Trust Funds.  Certain of the Tribal,  IIM and Special Trust Funds
described above are subject to legal, regulatory, budgetary,  court ordered or other
restrictions.     In  addition,   certain  account beneficiaries have discretionary
investmznt decision-making rights.

A brief description of each Trust Fund follows:

12

20

 
          U.S.  DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL, INDIVIDUAL INDIAN MONIES AND
           OTHER SPECIAL TRUST EWNDS
                 MANAGED BY THE
        OFFICE OF TRUST FUNDS MANAGEMENT

NOTES TO THE FINANCIAL STATEMENTS
     SEPTEMBER 30, 1996

+ Tribal Fund - Approximately 315 Tribes have an interest in the Tribal F+and;

however,  some Tribes have multiple accounts.  As a result, approximately 1,600
separate accounts comprise the Tribal Fund.  Approximately 31% of the Tribal
Fund assets are held on behalf of six Tribes.

Accounts are maintained for Tribes within the Trust Funds.   Tribeas realize
receipts from a variety of sources including land use agreements, royalties on
natural resource depletion,  Tribal enterprises  related to trust resources,
awards of Indian claims and investment income.

Reclassifications to Becrinnina Trust Fund Balances

' Although not discreetly reported in the accompanying Statement of Assets and

Trust Fund Balances,  a portion of the beginning aggregate fund balance was
reclassified from Other Special  Funds to Tribal Trust in fiscal year 1996.
The funds for the specific appropriations described below do not contain any
reversionary  clauses.   The monies have been pe zmanently  awarded to each
particular Tribe as follows:

  Balance
Reclassified

Navajo Rehabilitation Trust Fund - The Navajo Rehabilitation
Trust Fund was established to support the rehabilitation and
improvement of  Navajo   communities   and to   enhance the
economic,  educational,  and social condition of Navajo and
Hopi   families  i-acted by the Navajo   and  Hopi   Indian
Relocation Amendments of 1988.

Tribal Economic Recovery Fund - The Three Affiliated Tribes
and the Standing Rock Sioux Tribe were awarded a settlement
for land by the U.S.  Government fox the site of the Garrison
Dam and Reservoir and the Oahe Dam and Reservoir.   The fund
will be  used for educational,   social  welfare,   economic
development,  and other programs,  subject to the approval of
the Secretary.

$ 5,182,398

Northern Cheyenne Reserved Water Ricrhts Fund - The Northern
Cheyenne Tribe was  awarded a settlement for resemmd water
rights  claims in the Tongue River Basin.    This fund was
established by the Treasury to implement the Tongue River
Dam Project, which was to correct safety inadequacies of the
dam, consenm and develop the fish and wildlife resources in
the   Tongue   River   Basin, and to   authorize   certain
modifications to the management and operation of the Big
Horn Resentoir.

$249,785,87X

$ 18,530,619

13

21

 
     U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR ?MERICAN INDIANS
   TRIBAL, INDIVIDUAL INDIAN MONIES AND
       OTHER SPECIAL TRUST E'UNDS
          MANAGED BY THE
     OFFICE OF TRUST FWNDS MANAGEMENT

NOTES TO THE FINANCIAL STATEMENTS
    SEPTEMBER 30, 1996

I:M Fund - The IIM Fund is primarily a deposit fund for individuals as well as
estates, Tribes and other organizations which may have a fiduciary interest in
the Trust Funds.   IIM account holders  realize  receipts primarily from
royalties on natural resource depletion,  land use agreements, enterprises
having a direct relationship to Trust Fund resources and investment income.
In addition, the IIM Fund contains disbursing accounts for certain Tribal
operations and enterprises.  Approximately 317,000 accounts are held for
participants and Tribal enterprises in the IIM Fund.  Approximately 83% of the
IIM fund assets are held by six Area Offices, on behalf of the account holders
they serve.  Because of the nature of Trust Fund assets, these interests may
represent allocated or unallocated monies &rived from a variety of sources.

+ Other Special Trust Funds - Other Special Trust E'unds represent other trust
assets currently managed by the OTFM.  Authorization for management of these
assets is based on U.S. Congressional Acts establishing such Funds.  Each of
these  funds  either  reverts  back to  the U.S.  Government  upon  certain
conditions, or the corpus of the fund is non-expendable.  A brief description
of each Fund follows:

Alaska Native Escrow Fund - The Alaska Native Escrow Fund was established

by Congressional act for Alaska Native Corporations and Villages fox land
of which boundaries were disputed.  Proceeds received or deposited into
this fund were derived primarily from contracts, leases, licenses, permits,
rights-of-way, etc.  The proceeds, plus accrued interest, are paid out to
the appropriate corporation or individual to which the land was conveyed by
the U.S. Government.

              - The Pueblo de Cochiti (\\Pueb10~) and the U.S.
Army Corps of Engineers entered into a settlement agreement for water
seepage problems at the Cochiti Dam on Tribal lands.  The agreement
established a  fund for the sole and specific purpose of operating,
maintaining, repairing and replacing this drainage system.  Although the
fund is invested and managed by the OTFM, the fund remains the property of
the United States, and will revert to the Departmmt of the U.S. Treasury
("Treasury") if Cochiti Dam becomes non-operational and the Pueblo agrees
that the drainage system is no longer needed.

                       with respect to the San Xavier
Reservation and the Schuk Toak District of the Sells Papago Reservation,
was awarded a settlement in the fom of water zights for water which was
taken from resemation land.  The water rights give the Tribe flexibility
in the management of water resources and encourage allocation of those
resources to their highest and best uses.  The awarded funds are to be used

14
22

 
        U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIEsAL,  INDIVIDUAL INDIAN MONIES AND
            OTHER SPECIAL TRUST FUNDS
                 MANAGED BY THE
       OFFICE OF TRUST FUNDS MANAGEMENT

NOTES TO THE FINANCIAL STATEMENTS
     SEPTEMBER 30, 1996

for   Tribal   gove rnment,  health,  education,   social  services,  capital
iqrovements and economic development programs.

0 Contributed Eknds  - The OTFM maintains eight (8) contributed funds which
  were established by donations.  The individual funds each have a specific
  use or purpose  in some form to better the American Indians by giving
assistance for education or Tribal operations.

0 George C.  Edgeter Fund - This fund is available,  according to the terms of
the bequest,  for expenditure as determined by the Assistant Secretary -
Indian Affairs for the relief of indigent American Indians.          ,

c.   Wvestment of Trust E'und Assets

Authorizing legislation and a substantial body of case law specify how the Indian
Trust Fund assets should be managed  and which financial instruments constitute
appropriate  investments for Indian Trust Funds.   A portion of Indian Trust Funds
assets are invested with financial institutions at which such deposits are covered
by Federal depository insurance, or collateralized by U.S.  Treasury or U.S.
Government Agency securities for amounts deposited in excess of Federal depository
insurance  limitations.   Trust funds assets are also directly invested in U.S.
Government securities, including U.S. Treasury and U.S.  Government Agency issues, as
we11 as certain other securities which are guaranteed by the U.S. Government.

NOTE 2 --  SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

A.   Basis of Accountina

The Secretary of the U.S. Treasury, the Director of the OMB and the U.S. Coqtroller
General have approved a hierarchy of accounting principles that constitutes an other
comprehensive basis of accounting.  The accounting principles and standards applied
in preparing the principal financial statements and described in this note are in
accordance with the following hierarchy of accounting principles:

+  Statements of   Federal   Financial  Accounting   Standards   (SFFAS) .     These
  statements  reflect the accounting principles,  standards and requirements
recommended by the Federal Accounting Standards Advisory Board and agreed to
by the U.S.  Co-troller General, the Director of the OMB and the Secretary of
  the U.S. Treasury and published by OMB and the U.S. General Accounting Office,

+  Interpretations related to the SFFAWs issued by OMB in accordance with the
procedures  outlined in OMB Circular A-134,  @\Financial Accounting Principles
  and Standard&~,

15
23

 
          U.S.  DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL, INDIVIDUAL INDIAN MONIES AND
            OTHER SPECIAL TRUST FUNDS
                 MANAGED BY THE
        OFFICE OF TRUST FUNDS MANAGEMENT

NOTES TO THE FINANCIAL STATEMENTS
     SEPTEMBER 30, 1996

+ Form and content requirements for financial statements, as presented in OMB
  Bulletin No.  94-01 (Form and Content of Agency Financial Statements), and

+ The  accounting principles  and  standards  contained in  the DO1 and OTFM
accounting policy and procedures manuals and/or related guidance when such
principles *rove the meaningfulness of the financial statements.

The OTF'M uses the cash basis of accounting for the Trust mnds; however, accrual
adjustments were recorded in the accompanying financial statements as of September
30,  1996,  to reflect interest and dividends earned and to record any applicable
accretion of discount/amortization of premium over  the terms of the investments.
Investments are stated at amortized historical cost.  Interest receipts reported in
the Statement of Changes in Trust Fund Balances reflects the net of interest earned
and amortization expense  or accretion income recognized during the fiscal year.
Investments have not been adjusted to reflect changes in market value, because it is
the OTFWs intent and ability to generally hold these investments until maturity.

The Trust Funds account for assets held for others in a trust capacity and do not
involve measurement of operations.  Receipts,  other than interest on invested funds,
are recorded when received, because it is not practicable to measure the majority of
such items prior to receipt.  Accordingly,  receivables other than accrued interest

are  not  reflected in  the accompanying financial statements.   The accompanying
financial statements include only the balances held in trust by the OST and OTFM for
others and do not include (1) the account balances of the OST and OTFM (general
appropriations,  personnel and occupancy costs, etc.), or  (2) the values of Indian
lands,  buildings or other non-monetary assets regardless  of the source of funding
(Tribal monies,  Congressional appropriations, Indian Trust Fund resources, etc.).

B.   Interest Receipts

Tribal Trust and Other Special Trust Funds are invested separately by account with
interest recorded based on actual income from each investment.   IIM Trust Funds are
pooled and invested.   Interest is received in two ways:    (1) directly from
investment securities in which the Trust Funds are placed, such as certificates of
deposit  at financial institutions  or U.S.  Treasury, Agency or U.S.  government
sponsored   securities, or   (2)   from a U.S.   Treasury  overnight   investment
("overnighter"),  which earns a rate comparable to "Fed Funds" rates.   The interest

on   the  overnighter   investments is   calculated  daily,  coqounded,   accumulated
separately for participating accounts and posted to the separate accounts monthly.
Interest receipts as reflected in the Statement of Changes in Trust Fund Balances
are net of amortization expense/accretion income for the fiscal year.

16
24

 
          U.S.  DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL, INDIVIDUAL INDIAN MONIES AND
           OTHER SPECIAL TRUST EWNDS
                  MANAGED BY THE
        OFFICE OF TRUST FUNDS MANAGEMENT

NOTES TO THE FINANCIAL STATEMENTS
      SEPTEMBER 30, 1996

C. Other Receipts

Approximately one-third of other receipts are payments as a result of claims and
judgment awards to Tribes,  Other Special Trust Funds,  and Individual Indians by the
U.S.,  State and local governments, and private entities and individuals.

Other trust receipts are generated from a variety of assets which are held in trust by
the U.S.  government and managed by the various Agencies  and the Bureau on behalf of
Tribes and Individual Indians.  Payments are received from various leasing activities,
mineral  royalties,  and sales of  extracted minerals,  timber and forest products.
Payments are also derived from related fees and fines, and the granting of easements.

D.   Disbursements

Payments disbursed to Tribes, Individual Indians and Other Special Trust Funds consist
of investment income as well as funds from various income producing activities such as
leasing,  royalty payments,  minerals extraction and timber and forest product sales.
Under certain conditions,  Tribes disburse per capita payments  to their enrolled
members from the Trust Funds.   Payments are made to Tribes from the proceeds of
various  judgment awards.   won  submission  and approval  of the required Use and
Distribution Plans,  Tribes may submit requests for payments in accordance with terms
and conditions of the awards.

P.L.  103-412 specifically allows  for the voluntary withdrawal from the Trust Funds
program.   An Indian Tribe may subzcCt a plan to withdraw some or all fun* held in
trust for the Tribe.   The plan must be approved by the Secretary, DOI, and the
appropriate  Tribal gove rnmental body,  and must provide an  indication as  to the
capability and experience of the individuals or institutions managing the Trust Funds.

E.  Financial Statement Captions

Brief descriptions of  the major captions  used in  the accowanying financial
statements as recommended by the OMB follow:

+ Non-Entity Assets - These are assets that are held by the Trust Fund but
  are not available to the U.S. Government.

0 Intragovernmental Assets - Intragovernmental nonentity assets are
  claims of the Trust Fund against U.S. Governmental entities.   These
  amounts,  when collected, can be spent by the Trust Fund on behalf of
  beneficiaries unless otherwise restricted.

0 Fund Balances with Treasury - Fund Balances with Treasury are
  balances on deposit,  suspense and clearing accounts that are
  assets of the Trust Fund on behalf of beneficiaries unless
  otherwise restricted.  24ll of the E'und Balances with Treasury

17

25

 
          U.S.  DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL,  INDIVIDUAL INDIAN MONIES AND
            OTHER SPECIAL TRUST FUNDS
                 MANAGED BY THE
        OFFICE OF TRUST FUNDS MANAGEMENT

NOTES TO THE FINANCIAL STATEMENTS
     SEPTEMBER 30, 1996

contained in  the accoqanying  financial statements are for
Trust Funds.

0 Governmental Assets -  Governmental nonentity assets are claimn of
  the Trust Fund against nonfederal entities.   These amounts, when
  collected, can be spent by the Trust Fund on behalf of beneficiaries
  unless otherwise restricted.

F.   Comparative Data

Comparative data for the prior year has  not been
prior year Statement of Changes  in Trust  Fund Bal

presented

tances was

, because an audi

not performed.

tof the

NOTE 3  -- ACCOUNTING SYSTEMS AND MATERIAL INTERNAL CONTROL
WEAKNESSES

The accounting systems and internal control procedures used by the OST and the OTFM
have suffered from a variety of system and procedural internal control weaknesses
and other problems; such as understaffed accounting operations at all levels, a lack
of experienced accounting supervisors, a lack of minimum standards for key positions
in the accounting process,  inadequate training programs,  and out-of-date accounting
policies and procedures manuals.   Certain of these internal control weaknesses are
so pervasive  and fundamental as to render certain significant accounting systems
unreliable.  Some of these problems are as follows:

+ There is a lack of consistency in the accounting and related procec@res being
  utilized OTF`M-wide,  which has caused accounting errors in the Indian Trust
  Funds.    Standardized documented policies  and procedures  have not been
instituted for some significant accounting processes,  while certain others
  remain seriously out-of-date.

4 There is inadequate segregation for many key duties, particularly in the
accounting processes performed at the Area and Agency Offices.

+ Records management is inconsistent and inadequate to ensure the proper filing
and safekeeping of Trust Fund records to support trust financial activity.

+ Internal   financial   statements   are  not prepared in  accordance  with OMB
  accounting principles and standarda.

+ Internal  reporting  for Trust Fund investments lacks adequate investment
performance   information.      These   financial   and  managerial   reporting
deficiencies are detrimental to the OTFWs ability to effectively manage the
  Trust Funds.

18

26

 
OFFICE

  U.S.  DEPARTMENT OF THE INTERIOR
OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
TRIBAL,  INDIVIDUAL INDIAN MONIES AND
     OTHER SPECIAL TRUST FUNDS
          MANAGED BY THE
OFFICE OF TRUST FUNDS MANAGEMENT

NOTES TO THE FINANCIAL STATEMENTS
     SEPTEMBER 30, 1996

+ The IIM detailed subsidiary ledger  contains certain accounts with negative
balances aggregating approximately $44,000,000.

+ There is approximately $142,000,000 held in suspense in more than 28,000
Special Deposit Accounts in the IIM subsidiary ledger.  There are inadequate
controls and a lack of management reporting and accountability over the use of
  these accounts.

+ There is an unreconciled difference of approximately $29,000,000 between the
IIM &tailed subsidiary ledger and the corresponding general ledger control
  account.

+ There is an unreconciled difference of approximately $35,000,000 between the
total cash balances reflected in the accompanying Statement of Assets and
Trust Fund Balances and the balances held by Treasury.   Treasury reports
  reflect balances less than OTFM balances.

+ The balances reflected in the Treasury records  are not maintained entirely
  independent of the OTFM,  in that Treasury records  are in part updated with
information reported by the OTFM, as well as other Federal Agencies.

As a result of the material weaknesses in internal controls, certain of which are
referred to above,  it is not possible to determine whether cash and Trust Fund
balances and individual categories within the Statement of Changes in Trust Fund
Balances as reflected in the accompanying financial statements are fairly stated and
presented.

In some instances,  the OTF'M has researched and corrected the balances held in trust
for specific  Indian Tribes,  individuals,  and Other Special  Trust rUnds. Many
individual Tribal and IIM accounts still need to be reconciled and/or resolved
through negotiation and settlement before reliance  can be placed on the balances
reflected in the Trust Fund accounts.

The OTFM recognizes the weaknesses noted above and is in the process of implementing
several  corrective   measures  to address them.    These measures  include certain
organizational changes, including recent appropriations to increase staffing levels,
the conversion in September 1996 to a new investment accounting system, Bolt II, and
the new oversight authority of the U.S.  Department of the Interior Office of the
Special Trustee for American Indians, as more fully discussed in Note 7.

19

27

 
          U.S.  DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL,  INDIVIDUAL INDIAN MONIES AND
            OTHER SPECIAL TRUST FUNDS
                 MANAGED BY THE
        OFFICE OF TRUST FUNDS MANAGEMENT

NOTES TO THE FINANCIAL STATEMENTS
     SEPTEMBER 30, 1996

NOTE 4  -- CASH AND OVERNIGHT INVESTMENTS

The U.S.  Treasury functions  as the disbursing agent for the OTFM.   When Treasury
checks are written by the OTF'K,  the amounts are deducted from the- Indian Trust
Funds, regardless of when (and whether) the checks written are eventually negotiated

Starting with fiscal year ending Septrmbar 30,  1992, Treasury cheukr are

by payees.
only negotiable for one year from the date of issuance and the OTFM receives credit,
and  credits  back   to  the  appropriate   account  holders,   amounts  which   are  not

negotiated.

Cash balances consist of cash deposits to Treasury between the cut-off

time for-overnight invesbent, LOO p.m., and the end of the business day.  Howe-r,
amounts on hand at the Area and Agency Offices waiting for deposit to Treasury arc
not included.

overnight investments consist of available cash invested with Treasury.

NOTE 5 --   INVESTMENTS

Investments are recorded at cost adjusted for accumulated amortization of premiums
and accretion of discounts utilizing the effective interest method.

The Trust Fund assets have a concentration of credit risk in U.S. Government
securities.

Certificates of Deposit

Following is an analysis of depository insurance
deposit at September 30,  1996:

and  collateral on  certificates  of

Deposits covered by depository insurance                  $    6,222,785
Deposits covered by securities pledged as collateral             27,603,390

Total certificates of deposit                      $    33,826,175

20
28

 
          U.S.  DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL, INDIVIDUAL INDIAN MONIES AND
           OTHER SPECIAL TRUST FUNDS
                MANAGED BY THE
       OFFICE OF TRUST EWNDS MANAGEMENT

NOTES TO THE FINANCIAL STATEMENTS
     SEPTEMBER 30, 1996

Maturities

Investments with scheduled maturities at September 30, 1996, are as follows:

Amortized cost

Tdbal

Trust

Individual

Indian    Other special     Camhi

Monies      Trust EUnds       Total

Government backed securities:

Less than 1 Year            $  272,905,963   $           $  8,311,039   $  281,217,002
l- 5 Years                 670,477,631    29,051,449   12,010,445     711,539,525
5 - 10 Years                 704,483,932    222,574,123    11,240,362     938,298,417
Greater than 10 Years          177,532,692    130,269,872    12,482,928     320,285,492

                       1,825,400,218    381,895,444    44,044,774    2,251,340,436

Certificates of Deposit:

Less  than1  Year

l-  5 Years

5 -  10 Years

Greater than 10 Years

29,350,230                           29,350,230
4,379,945       96,000                 4`475,945

33,730,175       96,000                33,826,175

Equities with no
scheduled

maturities
Mortgage backed
securities with
varying maturities

   12,657,OOO     5,000,000                17,657,OOO




  144,165,610    107,638,147               251,803,757
$2,015,953,003  $494,629,591  $44,044,774  $2,554,627,368

21
29

 
       U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTE3E FOR AMERICAN INDIANS
     TRIBAL, INDIVIDUAL INDIAN MONIES AND
          OTHER SPECIAL TRUST E'UNDS
                MANAGED BY THE
      OFFICE OF TRUST FUNDS MANAGEMENT

NOTES TO THE FINANCIAL STATEMENTS
     SEPTEMBER 30, 1996

Maturities

Investnrnts with scheduled maturities at Septenihr 30,  1996, are as follows:

Fair Market Value

Government backed securities:

Tribal

Trust

Individual

Indian    Other Special     Combined
Monies      Trustmnds       Total

Less  than1  Year            $  274,549,966   $           $  8,318,125   $  282,868,091
l-  5 Years                  662,441,068    29,178,810    12,084,751     703,704,629
5-  10 Years                 697,361,761   217,388,611    11,618,861     926,369,233

Greater than 10 Years          180,995,755    125,287,587    13,195,302     319,478,644

1,815,348,550    371,855,008    45,217,039    2,232,420,597

Certificates of Deposit:

Less  than 1  Year

l-  5 Years

5 -  10 Years

Greater than 10 Years

29,350,228                          29,350,228
4,379,945        96,000                 4,475,945

33,730,173       96,000               33,826,173

Eqyities with no
scheduled

maturities
Mortgage backed
securities with
varying maturities

12,690,528     5,150,000                17,840,528

  143,480,589    105,951,578               249,432,167
$2,005,249,840  $483,052,586  $4.5,217,039  $2,533,519,465

22

30

 
     U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
   TRIBAL, INDIVIDUAL INDIAN MONIES AND
      OTHER SPECIAL TRUST FWNDS
          MANAGED BY THE
    OFFICE OF TRUST FUNDS MANAGEMENT

NOTES TO THE FIANCIAL STATEMENTS
   SEPTEMBER 30, 1996

The original cost, net ac cumulated amortization and accretion, amortized cost and market
value of the investments held at September 30, 1996, are as follows:
Tribal                    Net
                    Ac-lated
                   (Amortization)/   Amortized      Market
Investment Class     cost      Accretion      cost       Value

Certificates of
deposit      $   33,730,175
Equity securities     12,657,OOO
Government backed
securities      1,794,117,538
Mortgaged backed
securities       142,812,710

s

S   33,730,175  S   33,730,x73
  12,657,OOO     12,690,528

31,282,680   1,825,400,218   1,815,348,550

1,352,900    144,165,610    143,480,589

$ 32,635,580  $ 2,015,953,003  $ 2,005,249,840

$ 1,983,317,423 4

Market

Individual Indian Monies

  Net
Accumulated
(Amortization)/
Accretion

Amortized
cost

Investment Class     cost
Certificates of
deposit      $     96,000
Equity securities      5,000,000
Government backed
securities       373,165,878

Value

$     96,000  $     96,000
   5,000,000     5,150,000

$

8,729,566    381,895,444    4  371,855,008

Mortgaged backed
securities

  106,751,203
$  485,013,081 e

886,944    107,638,147    105,951,578

$  9,616,510  $  494,629,591  $  483,052,586

  Net
Accumulated
(Amortization)/

Market

Other Special Trust Funds

Amortized
cost

Investment Class     cost      Accretion
Certificates of
deposit      $         $
Equity securities
Gove rnment backed
securities       43,936,429     108,345
Mortgage backed
securities

$   43,936,429 $   108,345 e

Value

$

S

44,044,774

45,2x7,039

$   44,044,774

23
31

 
          U.S.  DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL, INDIVIDUAL INDIAN MONIES AND
            OTHER SPECIAL TRUST FUNDS
                  MANAGED BY THE
        OFFICE OF TRUST FUNDS MANAGEMENT

NOTES TO THE FINANCIAL STATEMENTS
      SEPTEMBER 30, 1996

NOTE 6 --   COMMITMENTS AND CONTINGENCIES

The  Secretary   has   been  designated by U.S.   Congress as   the  fiduciary  with
responsibility for investing resources held in trust,  collecting all monies due from
outside individuals/organizations  for the use of Indian lands and the extraction of
natural resources from Indian lands,  and disbursing  such monies collected to the
appropriate beneficiaries.

Tribal organizations and classes  of Indian individuals have filed various  claim8
against the United States  for failure to fulfill its fiduciary responsibilities and
for related charges.   Neither the OTFM nor the Office of the Solicitox for the U.S.
Department of the Interior can presently determine the outcome of these actions or the
total amount, responsibility and funding source of the potential liability.

Any actual liabilities resulting from adverse outcomes of the contingencies described
above are generally expected to be satisfied with U.S. Government funds, and not
assets of the Trust Fund.  No amounts have been accrued in the accompanying Trust Fund
financial statements for potential claims receivable from the U.S. Government.

NOTE 7  -- REALIGNMENT UNDER THE OFFICE OF THE SPECIAL TRUSTEE

On February 9, 1996,  Secretarial Order 3197 ("the Order") implemented the OST, which
was established by the P.L.   103-412.    The Order also  transferred the OTFM, and
financial trust services performed at Bureau Area and Agency Offices, from the Bureau
to the OST.

NOTE 8  -- TRUST FUND RALANCEX

A number of the beneficiaries for whom the OTFM holds assets in trust do not receive
adequate information to determine whether their account balances reflected in the
OTF'Ws records are proper.

A significant number of IIM accounts and balances are held for the benefit of minors
and other individuals who have been determined by the Bureau to require assistance in
managing their trust account activities and balances.  It is the practice of the OTFM
to not forward statements to minors and other IIM account holders with supenrised
accounts.   The Secretary, DOI,  or his authorized representative  (typically, Agency
Superintendents) must approve withdrawals from these accounts.   In addition, some IIM
account holders have not furnished the OTE'M their addresses which would allow the OTFM
to forward their account statements.  Accordingly,  certain account holders do not, or
are unable to, agree with the balances reflected in their accounts.

A portion of the monies held in the IIM Trust Fund have not been allocated and
distributed by the OTFM because  the ultimate account holders are not known.   Also,
included in the Tribal Trust Funds are balances not identified to specific Tribes

24
32

 
          U.S.  DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL,  INDIVIDUAL INDIAN MONIES AND
            OTHER SPECIAL TRUST FUNDS
                 MANAGED BY THE
        OFFICE OF TRUST FUNDS MANAGEMENT

NOTES TO THE FINANCIAL STATEMENTS
     SEPTEMBER 30, 1996

because  judgment awards were granted to several Indian Tribes &n a particular
geographic  area for settlement of claims related to certain lands.    Because 8uch
amounts were not awarded to a specific Tribe or individual,  there is no independent
party (independent of the OTFM) to determine the ownership of these account balances.

Unallocated Balances, Net

The net unallocated balances for the IIM Trust Fund balances,  consisting of cumulatiw
differences  between Omni  and subsidiary  detail of account holders'  balances and
activity (YRMS System") totaled approximately $29,000,000 as of September 30, 1996.

NOTE 9  -- SIGNIFICANT TRANSACTIONS WITH OTHER U.S.  GOVERNMENT
ORGANIZATIONS

Debt Arranaements

The Bureau is  a party to various note  payable agreements.   These agreement8 are
primarily between  the Indian Tribes and  the U.S.  Department of Agriculture Farmers
Home Administration (V3nHA") or the U.S.  Department of Commerce Economic Development
Administration ("EDA").  The proceeds of the EhrHA loans are used by Indian Tribes to
repurchase fractional ownership interests  in allotted lands from individual Indians.

The receipts  from the acquired ownership interests are deposited into `\special
DeposiP accounts in the IIM Trust Fund, and principal and interest payments are made
from these accounts.   EDA loans are utilized for construction of Tribal facilities
(governmental/administrative buildings,  and facilities for enterprise activities such
as manufacturing,  hotel/motel facilities, etc.).   Individual Tribes are primarily
liable for repayment of these loans, however,  Trust Funds are utilized for payment of
these loans.

Minerals Manaaement Services

The OTFM receives royalty payments from the U.S.  Department of the Interior Minerals
Management Service (VMSr) on behalf of Indian Tribes and individuals holding mineral
rights.  MMS generally transfers the royalty payments to the OTFM upon receipt. At
the time  the royalty payments are received, MMS also provides the OTEM with a
breakdown of the Tribal royalties,  thus permitting the OTFM to allocate the receipts
directly into Tribal accounts.   However, MMS does not provide the OTFM with ownership
information for IIM account holders until several weeks after the related royalty
payments are received.   Accordingly,  the OTFM holds the royalty receipts until it
receives information on how the royalties are to be allocated.  Upon receipt of the
IIM account holders  royalty  ownership data from MMS,  the royalty receipts are
distributed.   IIM account royalty payments are then either paid by check or held in
IIM accounts until account holders wish to make a withdrawal.   MMS and the DO1 Bureau

25
33

 
          U.S.  DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL, INDIVIDUAL INDIAN MONIES AND
           OTHER SPECIAL TRUST FUNDS
                 MANAGED BY THE
       OFFICE OF TRUST FUNDS MANAGEMENT

NOTES TO THE FINANCIAL STATEMENTS
     SEPTEMBER 30, 1996

of Land Management both perform verification  and other monitoring procedures of
mineral royalties collected.

Overpayments are sometizms made by private companies to MM%  These are first paid to
the OTFM on behalf of Indian Tribes and individuals, and then disbursed by the OTFM to
the beneficiaries.  The overpayments generally result from payments being ma& basad
on estimated mineral production,  in order to coyly with the Federal Oil and Gas
Royalty Management  Act of 1982 which requires timely distribution of royalties.
Typically,  such overpayments   are  recovered by the private  companies  by' adjusting
future payments.  The amount of such overpayments as of September 30, 1996, have not
been quantified.

Other

As discussed in Note 4, the Treasury holds cash and overnight investments and acts as
a disbursing agent for the OTFM.   As discussed in Note 6, the DO1 Office of the
Solicitor serves as legal counsel for the OST and OTF'M.

NOTE 10  -- IMPLEMEWTATION OF A NEW INVESTMENT ACCOUNTING SYSTEM

The OTFM began utilizing an additional trust investment accounting system (\\Bolt 11")
as of September 30, 1996.  The existing OrnniTrust system is not capable of calculating
investment values based on the effective yield method that is required for mortgaged
backed securities by Statement of Financial Accounting Standards No. 91 (VFAS 91").
Bolt II performs this function by amortizing and/or accreting the investment portfolio
on  a monthly basis.   The OTF'M will continue  to use OmniTrust for recording and
maintaining activity,  as well as reporting to Tribal beneficiaries.   Bolt II will bm
used for financial reporting purposes.

NOTE 11  -- TRANSFERS

The OTE'M receives monies into IIM special deposit accounts for both Tribal and IIM
beneficiaries.  Tribal funds are subsequently transferred from the IIM system to the
appropriate Tribal account.  The other receipts category of the Statement of Changes
in Trust Fund Balances reflects net transfers.

26

34

 
         U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL, INDIVIDUAL INDIAN MONIES AND
        OTHER SPECIAL APPROPRIATION FUNDS
                 MANAGED BY THE

OFFICE OF TRUST FUNDS MANAGEMENT

SUPPLEMENTARY COMBINING SCHEDULES

SEPTEMBER 30, 1996

35

 
          U.S.  DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL,  INDIVIDUAL INDIAN MONIES AND
            OTHER SPECIAL TRUST FUNDS
                  MANAGED BY THE
        OFFICE OF   TRUST FUNDS MANAGEMENT

         SUPPLEMENTARY COMBINING
SCHEDULE OF ASSETS AND TRUST FUND BALANCES
        SEPTEMBER 30, 1996

Tribal

Trust

Individual
India    Other Special     conibined
Monies      Trust Funds       Total

ASSETS

Non-Entity assets :
  Intragovernmen tal assets:
    Fundbalance with
   Treasury (Note 4):
       Cash

Investments (Note 5):
  Overnight investments
  Gove-tbacked securities

Accrued interest receivable         24,166,128     4,917,761

Governmental assets:
Investments (Note 5):
   Certificates of deposit
   Equity securities
   Mortgage backed securities

Accrued interest receivable           1,648,143       620,773                 2,268,916

$     883,709



  209,694,282
1,825,400,218

$ 2,946,062   $   (52,875) $    3,776,896

13,647,497
381,895,444

  731,602     224,073,381
44,044,774    2,251,340,436

  783,280      29,867,169

33,730,175        96,000                33,826,175
12,657,OOO     5,000,000                17,657,OOO
144,165,610    107,638,147                251,803,757

Total assets              $2,252,345,265   $516`761.684   $45,506,781   $2,814,613,730

TRUST FUND BALANCES, held for Indian
  Tribes,  individual Indians and
  Other Special Trust Funds (Note 8)

$2,252,345,265   $516,761,684   $45,506,781   $2,814,613,730

The accompanying notes are an integral part of this schedule.
                          27

36

 
RECEIPTS:

       U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL, INDMDUAL INDIAN MONIES AND
          OTHER SPECIAL TRUST FUNDS
                 MANAGED BY THE
       OFFICE OF TRUST FUNDS MANAGEMENT

        SUPPT,EMENTARY COMBINING
SCHEDULE OF CHANGES IN TRUST FUND BALANCES
FOR THE YEAR ENDED SEPTEMBER 30, 1996

Tribal.

Trust

Individual

Indian    Other Special     combined
Monies      Trust Funds        Total

Interest and dividends earned
on invested funds (Note 2):
Intragove- tal assets          $  138,782,074   $  25,666,269   $  3,139,824   $  167,588,167
Governmental assets                15,239,342    10,796,905                26,036,247
Gains on disposition of investments:                                                     .

Intragovenmen tal assets

Governmental assets
Other Receipts (Note 2C)

DISBURSEMENTS:

Payments to and on behalf of
Indian Tribes, individual
Indians and Other Special Trust
Funds (Note 2D)
Withdrawal of trust fund
assets by Tribes

Receipts in excess of disbursements

TRUST FUND BAL?4NCES, beginning of year
  Trust fundbalances
   reclassified (Note 1)

TRUST FUND BAL?WCES, end of

  year (Note 8)

15,971,870       765,762        7,343      16,744,97S
   239,881       540,000                   779,881
337,390,651   267,446,684        10,644     604,847,979
507,623,818    305,215,620     3,157,811     815,997,249

(334,711,283)   (291,943,757)      (148,904)    (626,803,944)


(46,030,695)                          (46,030,695)


126,881,840    13,271,863     3,008,907     143,162,610

1,851,964,587   503,489,821   315,996,712   2,671,451,120


  273,498,838              (273,498,838)


$2,252,345,265   $516,761,684   $ 45,506,781  $2,814,613,730

The accompanying notes are an integral part of these schedules.
                            28

37

 
        U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL, INDIVIDUAL INDIAN MONIES AND
           OTHER SPECIAL TRUST FUNDS
                 MANAGED BY THE

OFFICE OF TRUST FUNDS MANAGEMENT

,

REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS ON INTERN-
                 CONTROL STRUCTURE

SEPTEMBER 30, 1996

38

 
GRIFFIN & ASSOCIATES, I?C. '

CERTIFIED PUBLIC ACCOUNTANTS                                     DANDGRWFIN

REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS ON INTERNAL  CONTROL
s!mucTuRE

To the U.S. Department of the Interior
  Office of the Special Trustee for American Indians:

We have audited the Statement of Assets and Trust Fund Balances and the related
Statement of Changes in Trust Fund Balances for the Tribal, Individual Indian Monies
(~~IIW) and Other Special Trust Funds managed by the U.S.  Department of the Interior
Office of the Special Trustee for American  Indians ("OST") Office of Trust Funds
Management ("OTFMU) as of and for the year ended September 30, 1996, and have issued
our report thereon dated January 17, 1997.

We conducted our audit in accordance with generally accepted auditing standards, the
standards for financial audits contained in  Govrznment Auditing Standzurtjln (1994
Revision)  issued by the Comptroller  General of the United States and Office of
Management and Budget (\\OMBll) Bulletin Number 93-06,  "Audit Requirements for Federal
Financial Statements."  Those standards require that we plan and perform the audit
to obtain reasonable assurance about whether the financial statements are free of
material misstatement.

The management  of the OTFM is responsible for establishing and maintaining an
internal  control   structure.   In fulfilling  this responsibility,  estimates and
judgments by management are required to assess  the expected benefits and related
costs of internal control structure policies and procedures.  The objectives of an
internal  control  structure  are to provide management with reasonable,  but not
absolute,  assurance that assets are safeguarded against loss from unauthorized use
or disposition,  that transactions are  executed in accordance  with management's
authorization   and  recorded properly to  permit  the preparation of  financial
statements in accordance with the comprehensive basis of accounting described in OMB
Bulletin Number 94-01,  "Form and Content of Agency Financial Statements?   Also,
projection of any evaluation of the internal control structure to future periods is
subject to the risk that procedures may become inadequate because of changes in
conditions or that the effectiveness of the design and operation of policies and
procedures may deteriorate.

In planning  and performing  our audit of the Statement of Assets and Trust Fund
Balances and the related Statement of Changes in Trust Fund Balances for the Tribal,
IIM and Other Special Trust Funds managed by the OTF'M as of and for the year ended
September 30,  1996, we obtained an understanding of the internal control structure.
With respect to the internal control structure, we obtained an understanding of the
design of relevant policies and procedures  and whether they have been placed in
operation,   and we  assessed  control   risk in  order  to determine   our  auditing
procedures for the purpose of expressing an opinion on the Statement of Assets and
Trust Fund Balances and the related Statement of Changes in Trust Fund Balances and
not to provide an opinion on the internal control structure.  Accordingly, we do not
express such an opinion.  Also,  in accordance with OMB Bulletin Nuzciber 93-06, for
those significant  internal control structure policies  and procedures  that were
properly designed and placed in operation,  we performed tests to determine whether
such policies and procedures were operating effectively at September 30, 1996.

P30 TABLE ME54 DRIVE, SUl--E ClOO, BOVLDER, COLORADO 80303
   PHONE (303) 543-8868     o    FAX (303) 543-8869
Members of the Americu~ Institute of Certified Public Accountants

                           c
39

 
We noted certain matters involving the internal control structure and its operation
that we consider to be reportable conditions  under standards established by the
American Institute of Certified Public Accountants and OMB Bulletin Number 93-06.
These matters are described in the `Reportable Conditions" section of this report.
Reportable   conditions   involve   mattets  coming to   our   attention  relating to
significant deficiencies  in the design or operation of internal control structuzet
that,  in our judgment,  could adversely affect OTFM's ability to record, process,
smrize and report financial data consistent with the assertions of managexnent in
the financial statements.

A material weakness is a reportable condition in which the design or operation of
one or  more  of the internal control structure elements does not reduce to a
relatively low level the risk that errors 01: irregularities in amounts that would be
material in relation to the financial statements being audited may occur and not be
detected within a timely period by eqloyees  in the normal course of performing
their assigned functions.   These matters are described in the %aterial Weakneusfl
section of this report.

We also noted other matters involving the internal control structure and its
operation as well as certain other advisory cozxments which we did not consider to be
reportable  conditions.   These comments are set forth in the "Other Advisory
Comments" section of this report.

In the Report of Independent Public Accountants  on Internal Control Structure for
the year ended Septmiber 30, 1995,  we noted matters involving the internal control
structure and its operation that we considered to be reportable conditions as well
as other advisory comments.   The disposition of these matters is set forth in the
sections of this report denoted as "Prior Year."

Material Weaknesses

Inadequate Internal Financial Reporting (17)

In performing our tests related to the trust fund balances, we noted that the OTFM
could not produce a ready analysis of the changes in cumulative trust fund balances.
The resulting Statement of Changes  in Trust md Balances is a compilation of
information derived from three different sources,  including OmniTrust data, IIM
system data, and manually prepared-investnrnt amortization and accretion schedules.

The OTFM does not produce  internal consolidated trust fund financial reports or
statements in accordance with OMB.   Financial reporting prepared for management's
review contained no Statement of Assets and Trust Fund Balances or Statement of
Changes in Trust E'und Balances other than those produced as a part of the annual
audited financial statements.

The Statement of Changes in Trust E'und Balances is a generally accepted financial
report that provides an analysis of periodic receipt and disbursement activity by
source, and, in essence, represents a s umnrary reconciliation of beneficiary accounts
at the highest consolidated level.

30

40

 
Recommendation (17):

We  recomnd  the  OTFM i38plement at  least quarterly  internal

financial reporting which includes a consolidated Statement of Assets and Trust Fund
Balances and a Statement of Changes in Trust Fund Balances.  A8 part of an analysis
of systems requirements, the OTFM should consider implementation of a general ledger
and financial reporting package that provides a comprehensive, integrated process to
accumulate the financial data required for ease of comliance with federal reporting
requirements.   Ideally,  such a system would be integrated with trust system which

adequa tely address  the needs of
behalf of both Tribes and Individu

act

,a1

.ounting
Indians

for

trust

assets

activi

tY

on

With the release of Federal Accounting Standards Advisory Board Interpretation
Number One,  there is so- question whether reporting requirements under the CFO Act
and OMB 94-01 are applicable to the Indian Trust E'unds for years ending in 1997 and
thereafter.

Client Response (17):   The OmniTrust system provides a consolidated Statement of
Condition on a daily basis that shows Asset and Liability balances.   Asset balances
are reflected by type of securities held and cash.  The liability balance shows the
total amount due to account holders.

OTEM plans to compile a Statement of Changes in Trust Fund Balance for fiscal year
1997.

Area and Agency Offices - Unauthorized Transactions (18)

As part of   our  receipts  and disbursements  testing, we  reviewed disbursement
transactions for proper approvals, in accordance with 25 Code of Federal Regulations
("CFR") ,  Secretarial Order 3177,  and Secretarial  Order 3197  (for transactions
subsequent to February 9, 1996).

In our sample,  we noted that three Tribal disbursement transactions from the IIM
subsidiary system totaling $850,000 were not approved by Bureau personnel.   These
were disbursed prior to the February 9,  1996 Secretarial Order 3177 which changed
policies  and procedures  relating  to disbursement approvals.    Also,   for two
transactions  totaling $70,640,  documentation  supporting beneficiary approval of
disbursements to third parties was not provided.

OTEM and Bureau policies and procedures require an appropriate approval be obtained
prior to funding tribal disbursements.  Without proper approvals, the OTFM may be
inappropriately disbursing trust assets.   An approval signature indicates that a
disbursement has been reviewed and is appropriate based on supporting docume ntation.
Lack of documented approval indicates that these steps may or may not have occurred.
Inadequate documentation of approvals may also expose the OTFM to a potential breach
of fiduciary responsibility.

Recommendation (18):   We recommend that the OTFM enforce policies and procedures

with  regard to appropriate approval  of disbursemmts  as documented by proper
signatures   for  disbursement   transactions and as  directed by  regulation and
secretarial order.

Client  Response

(18):

The  OTFM  has

shared  the  ZLbOvle  finding with  the  Bureau  of

Indian Affairs.

31

41

 
Area and Agency Offices - Ineffective Implementation of Policies 6 Procedures  (19)

AS part of our audit related to receipts and disbursements transactions, we reviewed
prior year internal control questionnaire responses,  conducted telephone interviews
with Area and Agency staff,  and visited Area and Agency offices.   It was noted that
while authority to supervise financial trust accounting personnel was delegated to
the OTFM in February 1996, particular trust functions, i.e.,  collections, are
performed by non OTFM staff, over which,  the OTFM has no control nor authority. As
a result,  there is  an inability to im@ement existing policies  and procedures
pertaining  to those functions.   The following OTFM policies and procedures are
inadequately iqlemented, or are not implemented at Area and Agency offices.

Further,  the OTFM and the Bureau continue to be h-red by a lack of adequate
information systems  to support various  trust related activities, including land
inventory systems,  lease management systems, ownership systems,  accounts receivable
and an adequate trust accounting system for IIM.

AREA AND AGENCY OFFICE INTERNAL CONTROL WEAKNESSES

Administrative
the last year.

review of  the  collection process have  not been performed within

Collections are not processed by Authorized Collectors.

Incoming mail is opened and receipts are listed by a person having access to cash
receipts.

Cash receipts are entered in books of original entry by the same person who opens
mail and lists cash receipts.

Daily deposits are not reconciled to Schedules of Collection.

The BIAM 42,  Illustration 15,  Quarterly Collection  Review Worksheets are not
completed.

The Collections Officer is the only individual with the combination to the safe
or the combination is not located in a sealed envelope with a third party.

The Authorized Collector does not have an alternate to perform the function in
their absence.

The Agency does not have and follow the BIAM 42.

The IIM teller does not have a Desk Operating Procedure Manual to follow.

Administrative review by the Area Accounting Officer or Trust Officer axe not
performed on the disbursing function.

Receipts are not mailed to the Area Office for deposit on a daily basis.

When an employee with knowledge of the combination  to the safe leaves his/her
position, the combination to the safe is not changed.

32

42

 
a  Effective control is not provided over miscellaneous receipts when received at
  the Area office.

o

funds are disbursed via Journal Vouchers prior to the funds being deposited.

The key to the cabinet containing
safe as the signature plate.

the blank check stock is  located in  the same

The inventory  of the blank check stock is not always performed by an individual
independent of  the di sbursing function or is not performed at regular intervals.

o  Collection and disbursing functions are performed by the same individual.

0  The II&l teller, Realty Officer, etc., do not have a trained backup to perform
  their duties in their absence.

0  There is inadequate do cumentation to support IIM account holds.

a

There is inadequate control problems over cash received.

0  The PCIRMS system, also known as the Management Accounting Distribution (\'MAD")
system, does not have a built in control to stop duplicate disbursements.

While the OTFM continues to work towards providing improved regulatory guidance,
policies and procedures, consistent implementation of existing guidelines has not
been achieved due to the decentralized nature of OTFM operations, lack of personnel,
lack of authority over  certain trust functions  related to OTFM operations and
inadequate information systems.

Recommendation  (19): We  recomnd the OTFM consider alternatives,   such as
restructuring  trust accounting responsibilities  at Agency offices which do not
maintain   OTFM   staff  positions by  centralizing and  streamlining   transaction
processing within Area or Agency offices with sufficient OTFM personnel.   We do not
suggest that OTFM eliminate the presence of accounting technicians and support
personnel at Agency offices, since these individuals perform other valuable services
for account holders.

The use of either a centralized or decentralized lockbox would eliminate some of the
most serious  control deficiencies by eliminating  the handling of physical cash
receipts  at Agency  offices.    However,  the ability  to maximize  cash  receipt
processing via a lockbox is also dependent upon the OTFM and Bureau's ability to
obtain updated information systems that would support an automated collections and
income allocation process.  We recommend the OTE'M consider iqlementing lockbox
processing in a staged process, and consideration of these requirements be addressed
as part of a comprehensive automation review.

Client Response  (19):

Since the signing of Secretarial Order 3197 the OTFM has been put into a position
where it can take an aggressive approach to addressing the issues of "Ineffective

33

43

 
Implementation of Policies and Procedures"  and "Internal Control Weaknesses?

-

is evidenced by the following corrective actions already in progress.

This

The first corrective action was  the signing of Secretarial Order 3197.    This
-owered the OST with direct line authority over OTF'M central office staff and,
Area and Agency financial trust staff.  The delegation of this authority over Area

and Agency financial

trust staff from the OST to the Director OTFM has

resulted in

the development of policies and procedures from a focal point that can provide
standardization and monitoring functions to insure coqliance.   This is unlike the
oversight that was previously provided by 12 independent Area offices.   It now is
possible to ensure that there is one program mission and not 12 different program
missions.

One  corrective  action   was  started during fiscal year  1996.    This was   the
establishment of lock boxes at the Palm Springs and Standing Rock Agencies.   Since
these first two projects the OTF'M, Branch of Policies and Procedures has compiled
procedures outlining how lock boxes are to be setup.  These procedures coupled with
the proper monitoring will ensure standardization and the implementation of the
proper controls to provide accountability.

The OTFM has initiated a plan  for the implementation  of a nation wide lock box
program for the collection of tribal and individual Indian trust funds.   The plan
starts with the implementation of lock box's at the Area and Agency Offices where
the highest volume of tribal and individual Indian trust funds are collected.   LOCk
boxes are planned to be established on a regional basis and in stages to ensure that
the lock boxes are established in accordance with policies, procedures, and that the
necessary controls are in place.  The timely implementation of a nation wide lock
box program  will be dependent  upon the availability of appropriated funds to
implement the program.  If appropriate funding is provided, it is projected that a
nation wide lock program would be fully operational by the end of fiscal year 1998.

Lock boxes will address the issue of lack of adequate financial trust personnel at
the Area and Agency level to provide for separation of duties.  Lock boxes will also
provide better cash management controls.

Another corrective action, was the establishment of the Division of Field Operations
and the selection of a Division chief.  This Division was established to provide
supervision,  and direction to the  (approximately 176) Area and Agency financial
trust personnel,   and is  responsible  for coordinating  the administrative and
technical execution of financial  trust program8  conducted at Area and Agency
offices.  AFebruary 25, 1997 DO1 Manual release moves the OTFM to the Office of the
Secretary, Part 110 DM 28 and recognizes the Division of Field Operations.

In accordance with the recommendations of the Special Trusteels strategic plan, the
OTFM will be implementing procedures and system changes that will ensure Area and
Agency financial trust staff are being utilized efficiently and effectively. One
consideration is the performance of accounting functions from one location. The
Special TNstee's strategic plan calls for one comprehensive system to account for
and manage all tribal and individual Indian trust resources.   It is envisioned that
this coqrehensive trust system and the accounting functions will be performed and
controlled from one location.  This will allow current Area and Agency financial
trust personnel to devote 100% of their time to account holder services.   Area and
Agency personnel will no longer have to delay providing an account holder sewice,
in order to post accounting information to the trust system.   The processing of
accounting  information  from one location provides  management with the means to

34

44

 
protect the integrity of  the accounting information  being generated by ensuring
separation of duties for accounting functions.

The Special Trustee's  strategic plan also calls for the irqlementation of updated
policies and procedures.  It must be noted that some of the policies and procedures
that currently dictate the management of trust funds are as old as thirty years.
Fiscal year 1996 is the first year that the OTFM has been provided funding to start
this  mmmrnoth effort of developing new policies and procedures.    The OTFM is
currently drafting a statement of work for a contract that seeks assistance of an
outside contractor to help with the development of policies and procedures.   mis
contract will be awarded during fiscal year 1997.  The conp>liance with new policies
and procedures  will be routinely reviewed by the Branches  of Field and Internal
Review.  The implementation and routine monitoring of new policies and procedures
will go a long way in addressing the various internal control weaknesses outlined in
this report.

As you can see from the various initiatives under way the OTFM has taken a vigorous
and aggressive approach to addressing outdated policies and procedures, and internal
control weaknesses.   It must be noted that these conditions did not develop
overnight and unfortunately they can not be corrected overnight.

The OTFM has shared the above finding with the Bureau of Indian Affairs.

Reportable Conditions

Cash

- Failure to Analvze Susnense Accounts  (20)

An

analysis  of  the  items  which

comprise

several

U.S.

Treasury

("the

Treasury")

suspense and budget clearing accounts has not been comqpleted.  Therefore,  the OTFWs
current procedures  for researching  and proposing adjustments to the cash out of
balance condition do not consider whether an offset may already exist within one of
these account balances.  Funds to cover the adjustments may be in a Treasury suspense
or budget clearing account because  the original  transaction may not have been
reported to Treasury,  and a Statement of Difference was created.   If the Statement
of Difference was not resolved,  the transaction amount was transferred to one of the
Treasury suspense  or budget clearing accounts.   The Treasury suspense and budget
clearing  account balances at September 30,  1996,   are  approximately  $100,500;
($3,378,000); $5,957,000; and $3,310,000.

As a result,  the resolution of reconciling items between the U.S. Treasury and the
OTFM may be incorrect without consideration given to the items which comprise prior
period suspense balances.

Recommendation (20):   We recommend an analysis of Treasury suspense and budget
clearing  accounts be undertaken to determine the specific items co-rising the
balances.   The OTFM should consider adopting procedures which include a review of
the items which comprise  these account balances prior  to proposing and recording
prior period adjustments.   Any adjustments  currently identified as a reconciling
item could then be appropriately recorded.   Implementing the recommendation would
identify the adjustment  to the proper variance  or out of balance condition and
eliminate any potential duplicating items.

Client Response (20):  Reconciliations have been performed by OTFM Agency Location
Codes (AK) back to October 1992.   Differences between the general ledger and
Treasury remaining in the suspense accounts are for the period September 1992 and

35

45

 
prior.  Further research on IIM variances is being performed by the Branch of Past
Reconciliations.

IIM variance accounts and other balances are likely to remain out of balance until
the U.S.  &vernment and the beneficiaries  reach a  resolution  regarding past
activities and balances.

Cash - Lack of Suworting Documentation Prior to Recording Transactions (21)

Various prior period adjustments have been recorded to the IIM subsidiary system
without adequate  documentation.   Since the appropriate adjustmasnt has not been
researched and supported,  the items have not been recorded to the OarniTNSt systanr
control account for IIM.  The adjustments are recognized as new reconciling items in
the Daily Cash Reconciliation.  A number of these items have existed for a lengthy
period of time, but, as yet,  the items have not been sufficiently researched so that
they may be resolved.  As of the end of field work,  documents have not been received
for approximately 39 line items.

These items represent, in many cases,  cash disbursement transactions that have
occurred at the IIM subsidiary  system level.   The potential to create cash
transactions without proper substantiation exposes the OTFM to the risk of creating
uncollectible overdrafts if the transaction was not properly supported and should be
reversed.  Also, it is generally more difficult to resolve reconciling items as the
items age.

Recommendation (21):   The OTF'M should follow-up on the results of the established
deadline for providing  docume ntation.   The OTFM should also supervise and monitor
progress to ensure timely completion of assigned tasks.   If necessary, the OTFM
should evaluate and consider providing more resources  to accomplish the task. We
have noted the OTFM has subsequently established procedures to ensure adjustmmts
are now appropriately documented prior  to being recorded in the IIM or OmniTNSt
sys tern.   By enforcing their new procedures, the OTFM will improve control over
posting of adjustments and reduce the risks of recording unsubstantiated adjusbents
to beneficiary accounts and the OmniTrust system.

Client Response  (21):   The OTFM has procedures in &aft form to ensure that
proposed adjustments  are administratively reviewed and do cumented prior to being
recorded.  Further, a directive has been issued to Field personnel not to post prior
period adjustments to the IIM subsidiary system.

Invesmnts  - Lack of Reliable IIM Balance Available for Investins  (22)

The amount invested on behalf of IIM account holders is based on the OmniTrust
system IIM control account balance.  The balance per OmniTrust does not agree to the
balance per  the IIM subsidiary ledger.    The -iTrust control account for IIM
exceeds the IIM subsidiary ledger by approximately $29,000,000.   At this point in
time,  it can not be determined which system has an accurate balance.  Consequently,
the OTFM may be over or under-investing, because the underlying balance is

unreliable.

36
46

 
should investigate the possibility of negotiations
Treasury and themselves to resolve the issue.

the account holders, the

Client Response  (22):  The OTFM is currently in the process of researching the
variance between the IIM control account and the IIM subsidiary accounts where
economically feasible.  The iqact of the negative balances and variances on the IIM
pool earnings  cannot be quantified until the research is coxs@ete and other
arrangements are made to resolve the matter.  The OTFM is working on several IIM
reform initiatives.  The initiatives include a massive IIM system review and data
clean up in preparation for a conversion to a new IIM system.

The balances are likely to remain out of balance until the U.S. Govemnt and the
beneficiaries reach a resolution regarding past activities and balances.

Invesbnents - Accountinq System Calculation Errors (23)

The OTFM contracted with SunGard Systems to utilize its Bolt II investment
accounting system to satisfy financial reporting requirements and appropriately
calculate and record amortization/accretion of investment discounts or premium8 in
accordance with generally accepted accounting principles.  Several computational
errors and/or limitations of the Bolt II investment accounting system relating to
amortization/accretion of investment premiums and discounts were noted.

+ The Bolt II system did not calculate any accretion/amortization of premiums or
discounts for the accrual classes  (V-tranche,f)  of Collateralized Mortgage
Obligation (VMO") securities which were still in the accrual phase with the cash
flow table method.  In discussion with Bolt II personnel,  this problem was
attributed to a programmi ng error.  Based upon calculations provided by OTFM, net
result of this error is an understatement of premium accretion in the amount of
$215,870.

+ Values for Z-tranche holdings were inaccurately converted to the Bolt II system
due to incorrect manual postings in the OmniTrust system.  This issue, combined
with the accretion error, produced incorrect Bolt II system values.

+ The Bolt II system was unable to produce accurate amortization of C&IO's  with par
values less than $100,000 due to a programming error.  The Bolt II system fully
accreted these securities as of September 30, 1996, although these securities had
not yet been fully paid down, called or matured.  The premiums associated with
these securities totaled $12,952.

+ The cash flow table assumptions for threa asset backed securities were not
accurate due to Bolt II system prograrming errors.  When Bolt II system values
were compared to manually computed values, these investments were under-accreted

$476,734.

The cumulative effect of these errors is an under-accretion of $679,642.  These
errors affect the accuracy of financial reporting to individual account holders.

Recommendation (23) : The OTFM contracted with SunGard Systems to utilize the Bolt
II system and personnel to perform services for the entire portfolio and should work
to correct the errors.  Until these prograxmkng errors are resolved, any new
securities with these characteristics will not receive proper accounting treabnt.

37
47

 
The OTFM should continue to follow up with the Bolt II system personnel to resolvlcr
these errors.   If the OTFM provides information to beneficiaries regarding their
individual portfolios at amortized value,  these errors should be properly disclosed
and taken  into  consideration  by OTFM personnel prior to distribution of such
information to account holders.

With the release  of Federal Accounting  Standards Advisory  Board Interpretation
Number One,  there is some question whether accounting and reporting requirements
under the CFO Act and OMB 94-U are applicable to the Indian Trust Funds for years
ending in 1997 and thereafter.

Client Response (23):  The auditors utilized Bolt II reports that were generated by
the initial iqlementation run of OTFWs security inventory on the Bolt II system
(released  early due to the time constraints of the audit).   As errors were
identified,  OTF'M corrected them,  or routed them to Bolt II for programming changes.
Bolt II has agreed to make the programmi ng changes.  In addition, the OTFM is in the
process qf reviewing all data in the Bolt II system to ensure that all securities
are properly setup,  and that the Bolt II system is properly accounting .for the
different security types.

Special Deposit Accounts  - Lack of Policies and Procedures and Inconsistent

Practices (24)

Per OTF'M management, "Special DeposiV, accounts are to be used as suspense accounts
to which funds are posted when the distribution is not  immediately clear.   These
accounts are held within the IIM subsidiary system.   The funds are then transferred
to the account holder when the proper allocations are determined.   For receipt and
disbursement transactions specifically related to Special Deposit accounts, we noted
a number of practices  which may be inconsistent with managementfs defined use of
Special Deposit accounts,  as well as inadequate policies  and procedures governing
the use of these accounts.

Among the issues noted were:

+ Special deposit account balances  are incompletely allocated (less than 100% of
  the balance is allocated,  leaving a residual Special Deposit account balance) or
  allocated on an  "as-needed"  basis (similar to a checking account) to the
beneficiary as opposed to being allocated in full.

+ Loan payments  to third party financial institutions  accumulate in a Special
Deposit account,  and lump sum payments are made on behalf of beneficiaries.   The
amounts paid do not equal the amounts contributed by beneficiaries, and it is not
known how the payments by individuals were reconciled to the lump sum payments.
  Ebrther, we  were unable to obtain domntation to support approval by the
beneficiaries of these payments made to third parties.

These practices noted above may expose the OTFM to unnecessary risk, as in the
case of receipt and disbursement of loan payments or payments to third parties
without documented beneficiary approval

+ A Tribal credit program using a Special Deposit account to withdraw funds as
necessary to make loans to Tribal members.  The source of the &posits to this

38

48

 
partiwlar Special Deposit account may be loan repayments,  which  are  not
considered proper receipts from trust activities.

+ Past errors which had not been resolved offset to Special Deposit accounts.
These include canceled check claims, payments to an incorrect individual for per
capita distribution, and historical conversion errors (from manual to automated
system in 1977).

of disbursements to third parties.

+ Disbursements are made directly to beneficiaries from Special Deposit accounts
without first being transferred to a beneficiary's IIM or Tribal account.  These
transactions were not reported on the account holder's statement.

Direct disbursements from Special Deposit accounts pose problems in providing a
coqlete and accurate accounting.  Statements of Special Deposit accounts are not
routinely sent to beneficiaries, and none of the Special Deposit activity is
consolidated with the beneficiary's account statements.  Based on our analysis,
only 12% of Special Deposit accounts receiver statements, and none of the Tribal
Special Deposit accounts in our saqle received such statements.  Approximately
$33,000,000 was directly disbursed from Special Deposit accounts to third parties
(beneficiaries and unrelated third parties combined).

The American Indian Trust Fund Management Reform Act of 1994 (The Reform AcF)
requires periodic statements be provided to account holders and that accounts be
reconciled.  As a result of these practices, the OTFM may be unable to conp>ly
with The Reform Act, and incomplete and inaccurate reporting is being provided to
account holders.

4 For receipt and disbursement activity, various attributes of specific Special
Deposit accounts were tested.  These attributes included proper authorization and
support for establishing the initial account in the IIM subsidiary system.  The
OTF'M was unable to provide docume ntation for two of the eleven Special Deposit
accounts that were selected for testing.  The accounts have been in existence
since 1985 and 1993, respectively, and both accounts have negative, overdraft
balances.

Lack of standardized procedures and adequate resources to identify and allocate
these monies is the primary cause of aged Special Deposit account balances.
Further, management lacks financial reports to sufficiently monitor the progress
of Area and Agency offices in clearing Special Deposit account balances.

Recommendation (24):  We recorrnnend the OTFM establish policies and procedures which
clearly define proper sources of trust receipts and disbursements to and on behalf
of trust beneficiaries.  The OTF'M also needs to establish standard policies and
procedures for Special Deposit transactions.  The procedures should include under
which  circumstances  the  use of a  Special  Deposit  account is  acceptable,
reconciliation and reporting procedures for monitoring and clearing Special Deposit
balances and the manner in which transfers are to occur.  Further, the OTFM should
initiate management reporting which includes the ability to report &tail aged
transactions categorically and consolidated at various levels (Agency, Area and

39
49

 
OTFM) t  to assist  management  in &fining accountability for  these  balances and to
monitor progress  made toward resolution of these balances.  Finally , the OTFM needs

to develop and implement a plan for clearing Special Deposit balances.

Client Response (24):  The OTFM is working on several IIM reform initiatives. The

in ,itiatives include a massive IIM

a conversion to a new IIM system.

IIM account

on

the system in

system review and data clean up in preparation for

The data clean up will

to  a8certain  that  the  account  war  established

include a review of each

properly I  and that adequate  do cumentation is contained in the jacket file to enable
proper fiduciary managp-nrnt of each account.   Throughout this effort, OTFM will be
implementing revised policies and procedures which will clearly define the proper

management of
laws,  etc.,

affected will  also be  revised.

accounts.

As policies  and procedures  are updated,

all

regulationr,

Compliance with  the new policie8  and

procedures will be enforced through OTFM monitoring/review mechanisms.

The OTm has shared the above finding with the Bureau of Indian Affairs.

IIM Interest Earnings - Inadequate System, Policies and Procedures (25)

The distribution of interest earnings to IIM accounts is not performed in a
consistent manner.   For example,  some accounts closed during the month using the
Closed Accounts  Program   ("CAPS")   receive  interest based on   the  Overnighter
investment only.   However,  due to limitations of the IIM system, other accounts
closed during the month do not use the CAPS program,  but receive interest based on
the interest factor from the previous month.   Other accounts open throughout the
month receive interest based upon a  calculation which contiders the entire IIM
investment portfolio earnings.  The above inconsistencies may lead to an inequitable

distribution between account holders.

The CAPS program was instituted to eliminate overdistributions when closing accounts
and to provide an  automated calculation reducing errors  in manual calculations.
However,  the CAPS program cannot be used for all accounts.  Therefore,  some accounts
continue to receive incorrect interest allocations.

Written policies and procedures  for the various methods of determining the IIM
interest earnings calculation and distribution have not been completed.  Policy and
procedures   should  address  both the CAPS  program and  monthly processes   for
assimilating information from the various sources, calculation methodology, due date
for completion,  and a review checklist.  Without a rtandarrd to follow, changes or
errors in  the methodology  of the calculation can occur without management's
knowledge or approval.   An informal review process without formal approval does not
properly document   that a   review   was  performed,  particularly if  changes or
recalculations   were  recommended.    In addition,  the lack of adherence to set
deadlines may lead to untimely distributions.

Recommendation (25):   Polices and procedures  should be updated to include proper
distributions calculation ethods, an in-depth explanation of how the calculation is
performed, a deadline for completion and process for review.

The current systems cannot perform  the distributions in an equitable, consistent
manner.  The OTF'M should consider addressing IIM system requirements as part of a
comprehensive  systems review.   Inrplementing a new system in conjunction with an
effort to address some outstanding IIM accounting issues,  such as negative balances
and Special Deposit  accounts may provide  the OTFM with the means to distribute
income in a more equitable manner.

40
50

 
Client Response (25):  The OTFM is working on several IIM reform initiatives. The
initiatives include a massive IIM system review and data clean up in preparation for
a conversion to a new IIM system.  The new IIM system will calculate and distribute
the IIM pool earnings in line with private industry mutual fund practices.   In the
interim,  several IIM interest calculation and distribution system enhanceme nts have
been or will be placed into production.   Once in production,  the enhancements will
result in the elimination of manual interest calculations.  Throughout this effort,
OTFM has and will continue to implement new/revised policies and procedures.   The
IIM pool is valued monthly.  Consistently allowing for the use of the IIM factor on
all distributions would require  the OTFM to value the pool daily which is not
attainable at this time due to system constraints.  The inability to value the IIM
pool daily is the reason why the Closed Account Program (CAP) is using the daily
Treasury overnight investnrent rate when the monthly factor is not available.   The
OTFM funds what is earned;  the Treasury overnight rate can be confirmed daily as
earned.

Negative IIM Account Balances Included in Invested Balance(26)

The   IIM  subsidiary  ledger   contains  negative   account   balances  approximating
$44,000,000.  The OmniTrust control account for IIM is supposed to represent the
aggregate net balance of the IIM subsidiary system.   However,  thi8 is difficult to
determine because of the $29,000,000 out of balance condition between OmniTrust and
the IIM subsidiary ledger which is noted in a separate reportable condition.   The
invested balance for IIM account holders is equal to the OmniTrust balance.   If the
negative balances  are included in both ledgers,  IIM account holders with positive
balances are being penalized by lower earnings due to the IIM investment pool being
reduced by the amount of the negative balances.

In addition to individual overdraft accounts,  a large portion of the negative
balances  are due to negative  undistributed interest  account balances.    These
accounts have continued to grow over the past year due to a lack of reconciliation.
IIM account holders with positive balances are potentially penalized as a result of
investing the net IIM holdings as a pool.

Recommendation (26):   The OTFM should undertake a reconciliation of the out of
balance condition between the IIM system and the OmniTrust system in conjunction
with an analysis of the negative IIM account balances.  The resolution of negative
account balances, particularly negative interest distribution account balances, may
positively iqact the resolution of the out of balance condition.

Client Response (26):   The OTFM is currently in the process of researching the
variance between the IIM control account and the IIM subsidiary.   This research is
expected to affect the negative balances in the IIM subsidiary.  The impact of the
negative balances and variances on the IIM pool earnings cannot be quantified until
the research is complete and other arrangemmts are made to resolve the matter.   The
OTFM is working on  several IIM reform initiatives.    The initiative8 include a
massive IIM system review and data clean up in preparation for a conversion to a new
IIM system.   In the interim,  several IIM interest calculation and distribution
system enhancements will be placed into production.   The OTFM believes that the bulk
of the overdrafts may be related to inadequate accounting for the interest
calculations and distributions.

IIM Amortization/Accretion of Mortgage Backed Securities (27)

41

51

 
The monthly calculation  of IIM investment earnings  for distribution to the IIM
account holders is a manual process  which attempts  to calculate earnings on an
accrued basis for the IIM invesknmt pool.  For securities purchased at premiums oz
discounts other than mortgage backed securities,  the amortization or accretion is
calculated on a straight line basis, and added to the pool earnings for the period.
However,  amortization/accretion of mortgage backed securities held on behalf of IIM
account holders is not calculated in the monthly IIM earnings calculation of the
interest distribution.

Without the amortization/accretion calculation,  investment income  for mortgage
backed securities is recognized on a cash, rather than accrual basis.  As a result,
the IIM account holders receive monies at a different point in time than they would
if the mortgage backed securities were being properly amortized or accreted.   This
method is inconsistent with the treatmbnt of the balance of the IIM investment
earnings calculation.

Recommendation  (27) :   We recommend the OTFM consider implementing appropriate
amortization/accretion  methods in accordance with FASB 91 for the IIM earnings
calculation and distribution.

With the release of Federal Accounting  Standards Advisory Board Interpretation
Number One, there is some question whether amortization/accretion requirements under
the CFO Act and OMB 94-01 are applicable to the Indian Trust Funds for years ending
in 1997 and thereafter.

Client Response (27):  The OTFM has placed into production the Bolt II portfo
management and  reporting  system.   The system  will calculate accruals on
securities held and report earnings on the accrual basis.  The system will amort
and accrete mortgage backed securities in compliance  with FASB 91 and GAAP.
addition,  the system will amortize and accrete non-mortgage backed securities us
the effective interest method.   The Bolt II system accounting assuqtions
methods were selected based on conservatism and consistency in order to be FASB
and GASP compliant.

Trust Fund Balance Transfers Recorded Inconsistently (28)

llio
all
Aze
In
ing
and
91

There is a lack of policies and procedures in recording transfer transactions, which
has resulted in transfer transactions being recorded in an inconsistent manner.   To
record transactions which represent transfers between and within appropriations, a
\\Bp transaction type should be utilized within the OmniTrust system and specific
codes  should be set up  to denote these transactions.    The net effect to the
aggregate fund balance should be zero.   However,  in some instances we noted that
incoaLe is being recorded twice  as a result of transfer transactions.   When trust
income is received, it is coded to a specific type (e.g., royalties, lease payrmnts,
etc.).  At a later date,  if the money is transferred to another account, an income
type code is again used,  rather than a transfer code.   This condition resulted in a
net inaccurate recording of trust activity of approximately $4,000,000.

Recommendation (28):   The OTFM should review policies and procedures related to
transfer transactions and ensure that OTF'M staff are properly trained to account for
these transactions.  A supervisory review and approval of the transaction prior to
posting to the OmniTrust system should be included in these procedures.

Client Response (28):   The OTFM acknowledges problems with the way BIA-4285 (BB)
transfers are processed creating  the condition addressed by the auditors. The

42

52

 
Branches of IIM, Tribal Trust Funds and Field Staff will work together to develop
new policies and procedures which will address the problem.

Other Mvisorv Comments

Earnings on Overniqht Investments (29)

The OTF'M has no formal written policies and procedures to docume nt the method of

OTFM personnel performed limited, informal testing as part of its assessment of
the Bolt II system to determine if Bolt II would be adequate to meet the OTFWs
needs.  OTFM personnel suhxnitted seven securities for testing, including  FICO
strips (principal only securities, with conversion features at various call
dates), deep discounts (zero coupon), and mortgage backed securities.  However,
other security types were not tested, nor was the dollar size of the securities
tested in relationship to the entire portfolio considered.  Complete and thorough
testing may have helped identify potential system weaknesses, limitations or
incorrrpatibilities.

+ The OTFM did not utilize outside consultants in order to assess alternative
systems, nor was a consultant utilized during the implementation process.  OTFM
personnel  could not allocate  sufficient  time and resources to  the system
conversion process.

+ A conqprehensive plan to convert data to the Bolt II system should have documented
which individuals were to be involved in the process and identified each person's

43
53

 
specif,k responsibilities and deliverables.  Implementation phases and time
framers for completion should have been docume nted to gauge progress and timely
delivery.  A plan would most likely include system testing as an integral phase
of the process.  The system testing would also be thoroughly documented in
computer generated reports, analytical memoranda and data run scenarios.

+ After converting data to the Bolt II system, OTFM personnel did not agree the
market values of securities reported by OmniTrust to those which were reported by
the new Bolt II system reports.  Also, security descriptions were not verified or
coxzpared to those recorded in OnmiTN8t.  We noted several discrepancies in
security descriptions and market values between the -iTrust and Bolt II
systems.

+ Bolt II reports transactions based on a calendar year, while the OTFM operates on
a  'fiscal'  year basis.  As a result,  the OTFM has to develop alternative
procedures to accumu late fiscal year to date activity.

+ The OTFM did not adequately consider system and information requirements for its
September 30,  1996,  financial  statement reporting,  including reporting the
changes in trust fund balances.  Considerable time and manual effort was required
to produce the needed information.

Recommendation (30):  We recomxmnd that before another system implementation or
conversion is undertaken, the OTE'M should complete a &tailed plan noting who will
be involved, what each individual's responsibilities will be and their corresponding
deliverables.   Consideration should be given to the use of outside expert
consultants to assist in assessing alternative systems, implezmntation and training.
We  also  suggest  that  OTFM personnel  should  coqlete a  reconciliation and
confirmation of critical data fields, such as security descriptions, CUSIP nuxcibers,
maturity dates, rates, units, carrying values, and market values as part of the
conversion process to ensure that the transference of all data is complete and
reliable.  Any corrections to data recorded should also be verified by OTFM
personnel.

Client Response (30):  OTFM concurs that there was not a formalized conversion plan
prior to the Bolt II conversion.

OTFWs initial need for the Bolt II portfolio management system was to calculate
earnings on the accrual basis  (FASB 91 compliant)  for a handful of OmniTrust
accounts.

Additionally,  OTFM  intended to  use the  Bolt II to  calculate  year-end
amortized/accreted book values  (FASB 91 compliant) for the September 30, 1996,
financial statements.

The OTFM did not prepare or audit the Statement of Changes in Trust Fund balanues
for fiscal year 1995.  As a result, OTFM selected a portfolio management system
without the benefit of experiencing an audit on the statemmt of changes in assets
and trust fund balances.  If the 1995 audit had included this statement, then the
OTFM would have known before the selection process what reports/schedules/data would
be needed in the audit.

44
54

 
Before the Bolt II selection,  OTFM explored several systems like SunGard - Cmoga
Park Series II system,  SunGard -  Charlotte trust accounting system,  SunGard -
Minneapolis Bolt II system, CMS Bondedge system and CAMEUL

Seven securities were selected for testing in Bolt II and Series 2 as the other
sys temn  explored were  either cost/installation  time prohibitive or not FASB 91
compliant.  The seven securities were selected because they require special handling
in order to amortize/accrete them in compliance with FASB 91.   Documentation for the
seven securities tested is available for auditor review in the Branch of Investment
Accounting.

After considering installation  time,  cost and  FASB  91  compliance,  the  SunGard  Bolt

II system was selected.

Due to audit time requirements,  the conversion to the Bolt II system was coqleted
as quickly as possible.  During the Bolt II izqlementation, the Branch of Investarnt
Accounting was  also struggling to comply with audit documentation and calculation
requests,  and convert to a centralized custodian.   In spite of extremely limited
human resources and time,  a reconciliation between Bolt 11 reports and ChUliTN8t
trust reports was performed for the following data elements: CUSIP, maturity date,
units,  carry value,  and coupon rate.   All discrepancies discovered were corrected.
The market value discrepancy discovered later was  due to a data field formatting
difference for the preferred stocks.  This problem has also been corrected.

It is OTE'M's understanding that the auditors  did rely on and incorporate Bolt II
balances in the 1996 financial statements.  In the future,  all data elements in Bolt
II will be reconciled to OrrmiTNSt with differences corrected timely.   OTFM will
element a work around in order to capture fiscal year to date activity from the
Bolt II system.

OTFM concurs that as a result of our staff in the Branch of Investnrent Accounting
being heavily  involved in daily operations  to be able to devote the time and
resources necessary to sufficiently spearhead a conversion.   Upon adoption of the
proposed DM 130,  the Division of Trust Funds Systems will have adequate resources to
offer in house support for system conversions.   In the interim,  the use of outside
consultants  will be determined by the complexity of  the conversion and the
availability of funding.

The following sections
Internal Controls.

contain the  comments from

September 30, 1995,

Material Weaknesses - Prior Year - September 30,

1995

Report on

Cash   balances   converted   from the  prior  general  ledger to   OmniTrust   were
approximately  $27,000,000 higher than the balance per the Treasury.     Cash
reconciliation procedures only reconcile current activity from 0mniTrust to Treasury
and do not address the unreconciled beginning balance.   The composition of the
difference is not known and no reliance has been obtained that either the OTFM
balance or the Treasury balance is accurate.

45
55

 
This condition was concurred but not resolved during the year en&d September 30,
1996.   Further,  the $27,000,000 difference is now reflected at approximately
$35,000,000 as of September 30, 1996.  The out of balance condition changes as
reconciling items are identified and cleared.

Investments

(2)

The OmniTrust trust and investment system does not amortize premiums nor accrete
discounts on investment purchases using the effective interest method as required by
OMB 94-01,

The amortization and accretion calculations must be computed separately and recorded
as an adjusknent at year end.

This results in interim financial reporting which does not reflect the investment
portfolio's true yield.

OmniTNSt can calculate amortization and accretion only on the straight line method
with FASB 91.

At September 30, 1996, the OTFM had contracted with SunGard Securities, Inc. (which
also provides the OxnniTrust system services to the OTF'M), to perform investmmt
accounting and reporting utilizing their Bolt II system.  The Bolt II system, in
most cases, can amortize premiums and accrete discounts on investment purchases
utilizing the effective interest method.

This condition was concurred and resolved during the fiscal year en&d September 30,
1996.

Trust Fund Balances (3)

The Bureau Suspense Account #6875 with Treasury has a balance of approximately
$11,700,000, of which only approximately $168,000 is reflected on OmniTrust.  This
was a shared account with the Division of Accounting Management, and it was not
determined at the time to whom the balances belonged.  As of Septrrmher 30, 1996, the
Division of Accounting Management and OTFM completed an analysis of this account and
segregated their respective balances.  The account balance per Treasury now agrees
to the account balance per OnrniTNSt.  This issue was concurred and has been
resolved.

An YJndistributed Interest Account from TAMS"  (the prior general ledger system)
exists on -iTrust with a balance of approximately $1,800,000 at September 30,
1995.  As of September 30, 1996, the balance of this account is approximately
$1,900,000, due to interest being accrued to the balance.  This condition was
concurred; however, the balance remains unresolved.

There was a difference between the general ledger summary account of III4 on
OmniTrust and the total of the balances per the IIM subsidiary ledger &tail.  The
difference was approximately $30,000,000 at September 30, 1995, with the general
ledger carrying the higher balance.  There were also negative cash balances on the
IIM subsidiary system aggregating approximately $46,000,000.

At September 30, 1996, the out of balance condition between the general ledger
summary account on OmniTrust and the total balances of the I= subsidiary ledger

46
56

 
detail approximated $29,000,000, with the general ledger maintaining the higher
balance.  The negative cash balances on the IIM subsidiary system aggregated
approximately $44,000,000.  This condition was concurred, but remains unresolved at
Septe&er 30, 1996.

Area and Acrencv Offices (4)

there is no consistency in the application of accounting policies and procedures.
There were also inconsistencies reported in duties performed by certain key
personnel              as well as inadequate segregation of duties.
During fiscal year ended September 30, 1995, staff in the Area and Agency offices

were supervised by the Bureau, and did not report to the OTFM.

During 1994, the OTF'M prepared and distributed to Area and Agency offices a desktop
operating manual which do cuments IIM procedures.  The Areas and Agencies often did

not rely on the most recent procedure manuals.

The 42 BIAM was reported as being

utilized most frequently, yet several Agencies reported not having a copy of the 42
BIAM.

This lack of standardization resulted in the OTFM having minimal control over the
staff accounting for the majority of the receipts and disbursements in the IIM
system.   With the exception of investment related transactions,  transactions
affecting the IIM system originate in the Area and Agency offices.

This condition was concurred and remains unresolved at September 30, 1996.

General

The accounting systems and internal control procedures used by the OTF'M have
suffered from a variety of system and procedural internal control weaknesses, and
other problems, such as understaffed accounting operations at all levels, a lack of
experienced accounting supervisors, a lack of minimum standards for key positions in
the accounting process, inadequate training programs and inherent limitations in
existing covuterized accounting systems.   In addition,  current management is
burdened with the ongoing impact of decades of accumulated errors in the accounting
records.  These factors place significant limitations on management's ability to
effectively manage the trust funds entrusted to the OTFM.

In an effort to effectively address these pervasive issues, the OTFM was placed
under the direction of the OST, effective February 9, 1996.  The OST has developed
the conceptual framework for a comprehensive strategic plan to address the issues
set forth herein.  However, given the recency of the OST involvement, it is not
possible at this t* to provide any meaningful feedback on the viability of the
strategic plan or to assess progress on its iqlcrrYntation.

This condition remains unresolved at Septdr 30, 1996.

Reportable Conditions - Prior Year - September 30, 1995

Cash (5)

Negative Cash BaZanccs

47
57

 
mere are thirteen (13) cash accounts on OmniTrust with negative balances totaling
approxhtely $742,000.

Standardized procedures  have been instituted to address the handling of negative
cash balances and a time limit has been established to address such balances. We
recommend that the OTFM continue such procedures.   The current balances, however,
are likely to r-in out of balance until the U.S.  Go-mnt and the beneficiaries
reach a resolution regarding past activities and balances.

No IIM reconciliation process was in place to reconcile the cash interest received
during the month to the cash interest withdrawn per the monthly interest accrual.
In addition, no process  existed to reconcile the interest allocated to individual
accounts to the amounts distributed.  Due to the manually calculated distributions
made during the month,  the interest ultimately distributed by the Area and Agency
offices goes not agree to the actual axnount of interest earnings.

This condition was concurred but unresolved at September 30,  1996.

Investments Records Manaaement (6)

As part of the invesmnts testwork,  specific investments were selected and the par
value per -iTrust was agreed to third party docume ntation.   The third party
documentation consisted of brokers'  advices confirming the purchase amount, par,
interest rate and other information.  Of a swle of 73 securities, 14 (19 percent)
were not supported by purchase confirnrations.  Three securities, or 4 percent of the
missing docume ntation,  related to securities purchased during fiscal year 1995. All
of the do cuments were later obtained by contacting brokers directly and having the
information faxed to the OTFM or were verified in the custodial reconciliation

process.

For fiscal year ending September 30, 1996,  similar testing revealed that, of a
swle of 74 securities,  1 (1 percent) was not supported by broker's confirmation.
The missing do cumentation was related to a security purchased prior to 1996.

This condition was concurred and has been resolved.  Iqlementation is in progress
at September 30, 1996.

IIM Special Deposit Accounts (7)

Through the Area and Agency offices,  the Bureau &posits money into Special Deposit
accounts within the IIM system when a means to allocate the money is not immediately
clear.   There appears  to be no control at the central office or at the Area and
Agency office level to verify that items are emntually cleared.

These mOnies,  which may belong to a trust beneficiary,  remnin unposted to the
beneficiary's  account and subsequent investment or disburswnt of the funds is
delayed.

This condition was concurred yet continues  unresolved at Septeziber 30,  1996.
However, clean up efforts have began.

58

 
Ownership records at the Area and Agency offices are not updated in a timely aannex.
This results in the potential for inaccurate  distributions of lease income to IIM
account holders.   Lack of resources to process  the significant number of changes
causes this backlog.

This condition was concurred, but
However,  this issue was addressed by

General

remains

the Speci

unresolved  at  September
.l TNStee's Strategic Plan.

30,

1996.

Policies and Proccdxare*

(9)

In reviewing the internal control structure for the OTF'M, other than the 1184 desktop
manual, we were unable to locate current written policies and procedures.   No formal
written procedures were located to  do cument the investment process,  accounting for
investmnents and accounting for Tribal Trust Funds.

This condition was concurred and resolution is underway at Septe&er 30, 1996,

Accounts Receivable Systarz (10)

The Bureau does not have an accounts receivable system in place.   The GAO, in its
report &ted April 25, 1994,  (GAO/A-MD-94011OR) recommended that the Bureau develop
an accounts receivable system. Currently,  the Bureau has no assurance that all lease
revenues are billed and subsequently collected.

Such a system should provide reasonable assurance that earned revenues are billed,
collected and posted to the appropriate beneficiary's account.

This  condition was concurred but remains unresolved at September
this  issue was addressed by the Special Trustee's Strategic Plan.

30,

1996.

Other Advisory Comments - Prior Year - Septe&ber 30, 1995

Cash Reconciliation Process (11)

However,

The daily cash reconciliation was not presented in a traditional bank reconciliation
format with the adjusted bank balance agreed to  the adjusted book balance. The
reconciliation ignored the differences between OILmiTNSt's opening balance and that
of the Treasury and lists only reconciling items created subsequent to the
conversion.  A section of the daily reconciliation is titled VmniTzust adjustments
and prior period" with all the item in this section representing partial clearings
of the opening difference.   If the opening difference were carried on the daily
reconciliation,  the items in this section could be netted against the opening
difference and would no longer need to be included on the daily reconciliation
worksheet.

The OTFM revised its presentation of the daily cash reconciliation during the
current fiscal year; therefore,  this condition was concurred and has been resolved
and implemented.

Electronic Data Processincr

49

59

 
Disaster Recovery (12)

Disaster recovery planning over the ChmniTrust application is adequate.   Our review
noted there currently is no formal agreement for disaster recovery pertaining to the
Unisys A-17 or the IBM 3090.  The physical location of the two mainframes is at the
Albuquerque Federal Court Building, a high risk location.   Informal arrangenmnts
have been made with other  gove rnmental agencies to provide recovery services in the
event of a disaster.

This condition was concurred and resolution is in process at September 30, 1996.
However,  limitations to the current planning should be noted.   Our review noted a
disaster recovery agreement was implemented and a  test of the plan has been
successfully coqleted.  Our review also noted the disaster recovery tapes for the
Unisys A-17 are not rotated offsite in a tkly manner.    The cuxrent rotation
procedure could potentially result in a loss of information.

Password Controls (13)

Security controls over the Unisys A-17 mainframe are inadequate.   The system does
not require  automatic password changes periodically,  users are not automatically
logged out after a  specified period of inactivity,  and there is no limit to the
number of invalid password attempts made by a user.   E'urthermore,  our discu8sion
noted that "Help Desk" personnel have the ability to reinstate or reset passwordrr
which have been revoked.   This condition was concurred but remains unresolved at

September 30, 1996.

elication Change Controls (14)

our review noted that changes to  the ITIM application are  not performed in a test
environrmnt on the Unisys A-17 mainfrm.  There are also no procedures in place for
subsequent review after changes have been implemented by the prograxumr.   Review is
limited to verification of the output by the requesting party.

This condition was concurred but remains unresolved at Septezciber 30,  1996.

Conversion to -Trust (15)

We noted that the OTFM did not retain an outside consultant to assist in the 1996
computer conversion.  Although an OTFM employee was responsible for the conversion,
they also had daily tasks to perform and could not &vote 100% of their: tinw to the
conversion process.

This issue was concurred and resolved.

1099 Interest Reporting (16)

Currently,  there are individuals with no known social security number receiving
interest income on  trust investments.    Because  the social security number is
unknown,  the OTF'M reports  the interest earnings  to the Internal Revenue Service
(YRS') with no recipient social security number.  They do not withhold taxes prior
to the interest distribution.   Of the approximately 260,000 accounts on the IIM
system held by individuals, approximately half, or 130,000, have no social security
number.

50
60

 
This condition was concurred but has not been resolved at September 30,  1996.

our consideration of the internal control structure would not necessarily disclose
all matters in the internal control structure that might be reportable conditions

accordingly,

would not necessarily disclose all reportable conditions that are

also considered to be material weaknesses as &fined above.

This report is intended for the information of the Inspector General, the Assistant
Secretary for Indian Affairs, the Office of Special Trustee for American Indians of
the U.S. Depar+mPnt of Interior and management of OTFM and is not intended for any
other purpose.    Howe-r,  this report is a matter of public record and its
distribution is not limited.

Certified Public Accountants

Boulder,  Colorado
January 17, 1997

51

61

 
       U.S. DEPARTMENT OF THE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
     TRIBAL, INDIVIDUAL INDIAN MONIES AND
          OTHER SPECIAL TRUST EWNDS
                MANAGED BY THE

OFFICE OF TRUST EWNDS MANAGEMENT

REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS ON COMPLIANCE WITH
                 LAWS AND REGULATIONS

SEPTEMBER 30, 1996

62

 
GRIFFIN & ASSOCIATES, I?C.

CERTIFIED PUBLIC ACCOUNTANTS                                    DANDGRIF'FIN

REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS ON COMPLIANCE WITH LAWS
AND REGULATIONS

To the U.S. Department of the Interior
Office of the Special Trustee for American Indians:

We have audited the Statement of Assets and Trust Fund Balances and the related
Statement of Changes in Trust Fund Balances for the Tribal, Individual Indian Monies
and Other Special Trust Funds managed by the U.S.  Department of the Interior: Office
of the Special Trustee for American Indians ("OSTN) Office of Trust E'unds Management
("the OTFW') as of and for the year ended September 30, 1996, and have issued OUT
report thereon dated January 17, 1997.

we conducted our audit in accordance with generally accepted auditing standards, the
standards for financial audits contained in  Gove mt Auditing Standads (1994
Revision)  issued by the  Colclptroller General  of the United States and Office of
Management  and Budget  mm)   Bulletin  93-06,  "Audit Requirements  for Federal
Financial Statements."  Those standards require that we plan and perform the audit
to obtain reasonable assurance about whether the financial statermnts are free of
material misstatement.

Compliance with laws and regulations applicable to the OTFM is the responsibility of
the management of the OTFM.  As part of obtaining reasonable assurance about whether
the statements referred to above are free of material misstatement, we performed
tests of OTFM and compliance with certain provisions of laws and regulations. As
part of our audit,  we also obtained an understanding of management's process for
evaluating and reporting on internal control and accounting systems as required by
the Federal MIanagers'  Financial Integrity Act (FMFIA)  and compared the material
weaknesses  reported in  the Office of the Special  Trustee for American Indians,
Office of Trust E'unds Management's EXFIA report that relate  to the financial
statement under audit to the material weaknesses and other reportable conditions
found during the evaluation we conducted of the OTF'M's internal control structure.
However,  the objective  of our audit was not to provide an  opinion on  overall
compliance with such provisions.  Accordingly, we do not express such an opinion.

Material   instances of  noncompliance   are  failures   to follow  requirements, or
violations  of prohibitions,   contained in  law or regulations that cause us to
conclude that the aggregation of the misstatements resulting from those failures or
violations is material to the Statement of Assets and Trust E'und Balances and the
Statement of Changes in Trust Fund Balances,  or that the sensitivity warrants
disclosure thereof.    The results of our tests disclosed material instances of
noncompliance that are required to be reported under  Govcrzmexz t Auditing Stadxrds.

As comnun icated to us by the Office of the Solicitor (Solicitor) for the Department
of   the  Interior, tribal  organizations   and   classes of Indian individuals have
filed various claims against the U.S.   Government for failure of  the Federal
government to fulfill its fiduciary responsibilities and related charges.

We noted a material instance of noncompliance as  a result of our receipts and
disbursements testing which is described below.

4730 TABLE MESA DRIVE, SCTTE ClOO, BOULDERCOLORADO 80303
   PHONE (303)543-8868 o    ??? (303) 543-8869
Members of the American Institute of Certified Public Accountants
                  63

 
The OTF'M and Bureau have not reached an operating agreement or executed a Memorandum
of Underktanding that would define the authorities and responsibilities of various
OTFM and Bureau personnel in performing financial trust services on behalf of Tribes
and  individual  Indians.     As a  result,   lines of  authority   are  unclear and
transactions  are improperly authorized or, in some cases,  processed without
authorization.

We reviewed disbursement transactions for proper approvals,  in accordance with 25

Code of Federal Regulations  (VFR") and Secretarial Order 3177 or Secretarial
Or&r 3197 (for transactions  subsequent to February 9,  1996).   According to
numerous  sections of 25 CFR,  and Secretarial Or&r 3177, disbursrmrnts from
tribal trust accounts require the approval of the Secretary of the Interior ox
his  &legate.     This  authority   wa8  subsequently  re-delegated to  Age-Y
Superintendents for transactions prior to February 9, 1996.

On February 9, 1996, Secretarial Order 3197 established the Office of the Special
Trustee for American Indians within the Department of the Interior and moved the
Office of Trust Funds Management from the Bureau to the OST.   The Secretarial
Order issued all delegations  of authority for financial trust services  to the
Special Trustee for American Indians, and rescinded all such delegations to the
Assistant Secretary - Indian Affairs.  Pursuant to that Or&r, on February 9,
1996,  the Special  Trustee for American Indians delegated all program and
administrative authorities necessary to perform financial trust Lie-ices  to the
Director, OTFM, with the exception to approve withdrawals of tribal funds from
trust.  This delegation was published as 210 DM 14, Release 3053.

The Director, OTFM, attempted to re-cielegate administrative authority within the
jurisdiction  set forth in 210 DM 14, Release 3053,  to OTFM field accounting
personnel  and Bureau Agency  Superintendents.     This  re-delegation   was   not
approved.   Therefore,  all delegations of authority continue to reside with the
Director, OTFM, only.

Client Response :   In our  agreement  with the noted conditions found, OTFM is
currently working with the Bureau of Indian Affairs to enter into a Memorandum of
Understanding (MOU) between both entities.  The various trust accounting events and
definitive lines of authority are vague today but assistance from the Departnrcnt of
Interiors Office of the Solicitor in the negotiation process will evolve into a
fiscal year 1997 solution.  The agreed upon MOU will be the catalyst for producing
sound OTF'M policies and procedure that emphasize lines of authority at all levels of
operations.

o  We also noted certain immaterial instances of noncompliance.

+ Instances of noncompliance with 25 CFR were noted during visits to Agency offices
  as follows:

+ Noncompliance with 25 CFR,  Part 114.4 was noted during the receipts and
disbursements testing that was conducted for all Agencies.   The Agencies
have instances where they must calculate interest at an interim period
prior to the month-end interest distributions.   The Agencies calculated
interest on Special Deposit Accounts using an average daily balance rather
than using the month-end balance since the last interest period, as stated
  in the 25 CFR.

53
64

 
+ Instances of noncompliance with 25 CFR, Part 161 were noted during visits
to the Collville, Washington, Agency offices.  Gaming funds were &posited
into special deposit accounts which are trust accounts and are invested. A
Notice of Retraction was issued by the OST which stated gaming funds axe
not to be accepted into trust accounts8 in accordance with the Department
of Interior's policy.

+ It was noted that Agency offices are in violation of the Treasury Fiscal
Requirements whereby funds had been accumu lated in excess of $1,000 and a
timely deposit was not made.

Client Response - The OTFM is in the process of an extensive IIM system review and
clean up effort.  This  effort will include a review of each IIM account of record
in or&r to ascertain that the account is being used properly, and that adequate
documentation is filed in the jacket folder.  Throughout this effort, OTFM will be
implementing revised policies and procedures which will clearly &fine the uses fat
accounts, etc.  As policies and procedures are updated, all regulations, laws etc.,
affected will also be revised.  In addition, a conversion to a new IIM system is in
the planning stages.  Compliance with the new policies and procedures will be
enforced through central office tracking mechanisms as well as compliance reviews
performed by the Branch of Field Review.

Development of policies, procedures and regulations that govern the Division of
Field operations will be established and placed into effect.  These procedures will
be in compliance with the DM 130 as approved and other laws and regulations.

The following sections contain comment8 from the September 30, 1995, Report on
Compliance with Laws and Regulations.

+ Instances of noncompliance with 25 CFR, Part 162 were noted during visits to
Agency offices as follows:

4

The Pima Agency had one lease with the following exceptions:

+ The lease was not advertised nor put out for bid prior to letting the
lease.

4 A surety bond guaranteeing the contractual obligation was not obtained.

4 The January 1, 1995, payment was received June 2, 1995.  No interest was
charged nor received on the late payment.

9 The Uinta and Ouray Agency had two leases with the following exceptions:

4

4

The Pima Agency had one violation of the Treasury Fiscal Requirements whereby

Two leases had
market rental.

leases

obligation.

no documentation indicating that the lease8 were let at fair

contained

no

surety

bond

guaranteeing

the

contractual

funds had been ac cumulated in excess of $1,000 and a timely &posit was not made.

54
65

 
+ The OTFM is not in compliance with the policy statcmrnt rtquircmrnts of the CFO
  Act.

4

4

4

The OTFM
127.

is not in compliance

with

certain

requirements of

We are aware that the Solicitor for the Department of the  Interior is aware of
certain possible violations of various laws and regulations which may affect the
OTFM.

Circular 123

The OTFM  has not  complied  with  certain  requi
Accounting Office Accounting Series pronouncement.

remen

ts

of

the

U.S.

General

The prior instances of noncompliance were concurred but remain unresolved at
September 30, 1996.

Except as described above,  the results of our tests of compliance indicate that,
with respect to the items tested, the OTEM complied with the provisions referred to
in the third paragraph of this report, and with respect to items not tested, nothing

CaIr.E to  our attention  to cause us to believe
material respects, with those provisions.

the  OTFM  had  not  co-lied,

in

all

This report is intended for the information of the Inspector General, the Assistant
Secretary for Indian Affairs,  the Office of Special Trustee for American Indians of
the U.S. Department of Interior and management of OTFM and is not intended for any
other purpose.    However,   this  report is a  matter  of public  record  and its
distribution is not limited.

GRIFFIN 6 ASSOCIATES, P.C.
Certified Public Accountants

Boulder,  Colorado
January 17, 1997

55

66

 
APPENDIX 1

STATUS OF RECOMMENDATIONS IN AUDIT REPORT 97-1-196

Recommendation
Reference

Status         Action Required

1; 3-5, 7-10, 12-14, and 16

Resolved; not
implemented.

No response to the Office of
Inspector    General is
required. The recommendations
have been referred to the
Assistant Secretary for Policy,
Management and Budget for
tracking of implementation.

2,6, 11,and 15

Implemented.

No further action is required.

67

 
Memorandum

United States Department of the Interior

OFFICE OF THE SECRETARE
Wd-kgton. DC. 20140

To:     Assistant Inspector General for *4udits

From:

.4da E. Deer-

sC~\~G Assistant Secretary - Indian Affairs

Subject:

-Audit Report on the Financial Statements for Fiscal Year 1996 of the Tribal,
Individual Indian Monies, and Other Special Trust Funds Managed bv the
Office of the Special Trustee for ,LZlnerican Indians (Assi~nment%!o. bN-BIA
00l-97)

 

We appreciate the opportunitv to review the draft audit report prior to its issuance bv the Office
                            w
of Inspector General. While ail of the current vear recommendations are directed to the Ofice of
Trust Funds Management, OST, we have noted findings in the report from prior vears for which
BIA is responsible for corrective actions. These are addressed further below.  *

We also recognize that a joint cooperative effort with the Office of the Special Trustee is a step
toward resolving the long u-standin" problems in trust funds and natural resource management.
           2?
In that respect, we are working with the Special Trustee to finalize the memorandum of
understanding between the OST and the BIA also mentioned in your report. Of significance in
this regard. is the fact that we are working with the Special Trustee and other entities within the
Department to implement the Secretary's Trust Improvements Project defined in his `4ugust 22,
1997 memorandum as the approach for improving Indian trust management. In this effort, we
are working jointly with the Special Trustee and various Bureaus as a participant in the newly
established Trust Improvement Management Team to develop a high level implementation plan
for resolution of trust management issues.

Specifically, with respect to the findings noted in your report, the following is noted:

o Ownership records at the Area and Agency offices are not updated in a timely
manner.

The BIA is addressing land records backlog problems as one of the vital elements the
Secretar-v's Trust Improvements Project. We have proposed two actions to improve the land
  -
records: ( 1) teams will be sent to the locations having the largest backlog in order to bring the

6cS c

 
records current: and (2) the land records svstem will be upgraded in order to automate the
chain oftitle process, which will significantlv reduce the t&e required to record new ownership
information.

Land records have also been identified as a mission critical material weakness. Follow-up
reporting on progress to correct this deficiencv will be accomplished as part of the
Department's procedures to complv with the provisions of the FL&W/ .Mrrrc~gus Firrcr~~d
Z~tegri~ Act. For that reason. we ask that it not be tracked under this audit.
  J

o There was no formal agreement for disaster recover-v pertaining to the UNISYS
A-17 or the IBM 3090.

This was also a finding in the OIG Audit Report, "General Controls Over Automated
Information Systems," (Report No. 97-I-771 ). As reported by a memorandum to vour office
dated June 23, 1997, a contract is in place for back up of the LJNISYS A-17 computer. We
do not plan to execute a similar contract for the IBM 3090 due to the pending transfer of
BIA's data processing work to USGS.

o Security Controls over the UNISYS A- 17 are inadequate.

o Changes to the IIM svstem are not performed in a test environment on the
UNISYS A-17 mainframe.

These findings were also identified in the above-referenced report under "Access Controls"
and "Software Development and Change Control." Implementation of corrective actions is
not yet complete, however, since we are reporting to the Department under the audit of
automated information systems, we request that these findings not be tracked as part of the
financial statement audit.

6S

 
APPENDIX 3

STATUS OF AUDIT REPORT RECOMMENDATIONS

Finding/Recommendation
    Reference

Status           Action Required

17026,28, and 29

Resolved; not
implemented.

No response to the Office of
Inspector    General is

required. The recommendations
will be referred to the Assistant
Secretary    for   Policy,
Management and Budget for
tracking of implementation.

.27 and 30

Implemented.

No further action is required.

 
ILLEGAL OR WASTEFUL ACTIVITIES
   SHOULD BE REPORTED TO
THE OFFICE OF INSPECTOR GENERAL BY:

Sending written documents to:            Calling:

Within the Continental United States

U.S. Department of the Interior
Office of Inspector General
1849 C Street, N.W.
Mail Stop 5341
Washington, D.C. 20240

Our 24.hour
Telephone HOTLINE
l-800-424-5081 or
(202) 208-5300

TDD for hearing impaired
(202) 208-2420 or
l-800-354-0996

Outside the Continental United States

Caribbean Region

U.S. Department of the Interior
Office of Inspector General
Eastern Division - Investigations
1550 Wilson Boulevard
Suite 410
Arlington, Virginia 22209

North Pacific Retion

(703) 235-9221 

U.S. Department of the Interior
Office of Inspector General
North Pacific Region
238 Archbishop F.C. Flores Street
Suite 807, PDN Building
Agana, Guam 96910

(700) 550-7428 or
COMM 9-011-671-472-7279

 
Toll Free Numbers:
l-800-424-5081
TDD l-800-354-0996

5
5

 

 

1849 C Street, N.W.
Mail stop 5341
Washington, D.C. 20240