Reading Room Document

Authority of the Attorney General to Withdraw Claims for Gratuitous Payments Made by the Federal Government Under the Indian Self-Determination and Education Assistance Act

This document discusses the authority of the Attorney General to withdraw claims for gratuitous payments made by the Federal Government under the Indian Self-Determination and Education Assistance Act. The questions presented for review include whether it is mandatory to pursue a claim for gratuitous offsets, whether it is proper for the Attorney General not to pursue the offset, and who is authorized to make the determination and on what basis. The conclusions reached in the document are that the Attorney General has the discretion to withdraw the Government's claim for gratuitous offsets on policy grounds, and that the exercise of discretion should be based on promoting the Government's best interest or preventing flagrant injustice. Additionally, the decision to approve the withdrawal may be made by the Associate Attorney General.

October 30, 1979