A-82642, MARCH 6, 1937, 16 COMP. GEN. 823

A-82642: Mar 6, 1937

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IS NOT AUTHORIZED. PALMETTO STATE PARK IS A STATE-OWNED AREA AND A NATURAL SPRING ON THE AREA IS BELIEVED TO HAVE WORTHWHILE CURATIVE PROPERTIES IN TREATING INFANTILE PARALYSIS. I WILL APPRECIATE AN OPINION FROM YOU ON THE MATTER. EMERGENCY CONSERVATION WORK IS CARRIED ON UNDER AUTHORITY OF THE ACT OF MARCH 31. THE PRESIDENT IS AUTHORIZED. TO PROVIDE FOR EMPLOYING CITIZENS OF THE UNITED STATES WHO ARE UNEMPLOYED. CARRYING ON OF WORKS OF A PUBLIC NATURE IN CONNECTION WITH THE FORESTATION OF LANDS BELONGING TO THE UNITED STATES OR TO THE SEVERAL STATES WHICH ARE SUITABLE FOR TIMBER PRODUCTION. IS NOT A PROJECT FALLING UNDER ANY OF THE CLASSES OF PROJECTS SPECIFICALLY AUTHORIZED BY THE STATUTE.

A-82642, MARCH 6, 1937, 16 COMP. GEN. 823

CONSTRUCTION OF BUILDINGS ON STATE-OWNED AREA - AVAILABILITY OF EMERGENCY CONSERVATION WORK FUNDS AND CIVILIAN CONSERVATION CORPS LABOR THE USE OF EMERGENCY CONSERVATION WORK FUNDS AND CIVILIAN CONSERVATION CORPS LABOR TO CONSTRUCT BUILDINGS AND OTHER FACILITIES FOR USE AS A CRIPPLED CHILDREN'S HOSPITAL, ON A STATE-OWNED AREA AND SUBJECT TO STATE ADMINISTRATION, IS NOT AUTHORIZED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE DIRECTOR, EMERGENCY CONSERVATION WORK, MARCH 6, 1937:

THERE HAS BEEN CONSIDERED YOUR LETTER OF DECEMBER 23, 1936, AS FOLLOWS:

THIS OFFICE HAS RECEIVED A NUMBER OF URGENT REQUESTS TO USE C.C.C. FUNDS AND PERSONNEL IN CONSTRUCTING BUILDINGS AND OTHER FACILITIES TO BE USED AS A CRIPPLED CHILDREN'S HOSPITAL ON THE AREA KNOWN AS GONZALES PALMETTO STATE PARK, OTTINE, TEXAS. PALMETTO STATE PARK IS A STATE-OWNED AREA AND A NATURAL SPRING ON THE AREA IS BELIEVED TO HAVE WORTHWHILE CURATIVE PROPERTIES IN TREATING INFANTILE PARALYSIS. PRESUMABLY, THE PROPOSED HOSPITAL, IF BUILT, WOULD BE ADMINISTERED BY THE STATE.

I AM IN DOUBT AS TO MY AUTHORITY TO AUTHORIZE THE EXPENDITURE OF E.C.W. FUNDS AND C.C.C. LABOR IN CONSTRUCTING THE PROPOSED BUILDINGS. I WILL APPRECIATE AN OPINION FROM YOU ON THE MATTER.

EMERGENCY CONSERVATION WORK IS CARRIED ON UNDER AUTHORITY OF THE ACT OF MARCH 31, 1933, 48 STAT. 22, AS AMENDED, AND EXTENDED, WHICH PROVIDES IN PART AS FOLLOWS:

THAT FOR THE PURPOSE OF RELIEVING THE ACUTE CONDITION OF WIDESPREAD DISTRESS AND UNEMPLOYMENT NOW EXISTING IN THE UNITED STATES, AND IN ORDER TO PROVIDE FOR THE RESTORATION OF THE COUNTRY'S DEPLETED NATURAL RESOURCES AND THE ADVANCEMENT OF AN ORDERLY PROGRAM OF USEFUL PUBLIC WORKS, THE PRESIDENT IS AUTHORIZED, UNDER SUCH RULES AND REGULATIONS AS HE MAY PRESCRIBE AND BY UTILIZING SUCH EXISTING DEPARTMENTS OR AGENCIES AS HE MAY DESIGNATE, TO PROVIDE FOR EMPLOYING CITIZENS OF THE UNITED STATES WHO ARE UNEMPLOYED, IN THE CONSTRUCTION, MAINTENANCE, AND CARRYING ON OF WORKS OF A PUBLIC NATURE IN CONNECTION WITH THE FORESTATION OF LANDS BELONGING TO THE UNITED STATES OR TO THE SEVERAL STATES WHICH ARE SUITABLE FOR TIMBER PRODUCTION, THE PREVENTION OF FOREST FIRES, FLOODS, AND SOIL EROSION, PLANT PEST AND DISEASE CONTROL, THE CONSTRUCTION, MAINTENANCE, OR REPAIR OF PATHS, TRAILS, AND FIRE LANES IN THE NATIONAL PARKS AND NATIONAL FORESTS, AND SUCH OTHER WORK ON THE PUBLIC DOMAIN, NATIONAL AND STATE, AND GOVERNMENT RESERVATIONS INCIDENTAL TO OR NECESSARY IN CONNECTION WITH ANY PROJECTS OF THE CHARACTER ENUMERATED, AS THE PRESIDENT MAY DETERMINE TO BE DESIRABLE: * * *

THE CONSTRUCTION OF A CRIPPLED CHILDREN'S HOSPITAL AS DESCRIBED IN YOUR LETTER, IS NOT A PROJECT FALLING UNDER ANY OF THE CLASSES OF PROJECTS SPECIFICALLY AUTHORIZED BY THE STATUTE, SUPRA, AND HAVING REGARD ALSO TO THE FACT THAT OTHER FEDERAL AGENCIES WITH TRAINED PERSONNEL AND PROPER FACILITIES HAVE BEEN DESIGNATED FOR AND ARE ENGAGED IN PUBLIC-CONSTRUCTION PROJECTS, IT MUST BE CONSIDERED THAT THE ACT AUTHORIZING EMERGENCY CONSERVATION WORK AND THE APPROPRIATIONS MADE THEREFOR DID NOT INTEND OR CONTEMPLATE THE UNDERTAKING OF A PROJECT SUCH AS INVOLVED HERE, SAID PROJECT APPEARING NEITHER INCIDENTAL TO NOR NECESSARY IN CONNECTION WITH ANY PROJECTS OF THE CLASSES AUTHORIZED BY THE STATUTE.

ACCORDINGLY, I HAVE TO ADVISE THAT THE EXPENDITURE OF EMERGENCY CONSERVATION WORK FUNDS AND THE USE OF CIVILIAN CONSERVATION CORPS LABOR IN CONSTRUCTING THE PROPOSED BUILDINGS IS NOT AUTHORIZED.