B-150228, NOV. 30, 1962

B-150228: Nov 30, 1962

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226.70 WAS SET OFF TO EFFECT COLLECTION OF THE BALANCE OF REFUND DUE THE DEPARTMENT OF THE ARMY OF STATE MOTOR VEHICLE FUELS TAX COVERING THE USE OF GASOLINE IN GOVERNMENT VEHICLES OPERATED OVER ROADS CONSTRUCTED AND MAINTAINED BY THE UNITED STATES ON GOVERNMENT OWNED PROPERTY IN THE PUBLIC DOMAIN OF THE STATE OF OREGON AND FOR REFUND DUE THE DEPARTMENT OF THE AIR FORCE ON GASOLINE IMPORTED FROM THE STATE OF OREGON AND USED AT FAIRCHILD AIR FORCE BASE. THE UNITED STATES CLAIM IN THIS MATTER IS BASED ON THE PROVISIONS OF 2 ORS. WAS AMENDED BY CHAPTER 368. WE EXPLAINED THAT SINCE IT APPEARS FINAL SETOFF ACTION HAS BEEN EFFECTED WITH RESPECT TO ALL OF THE KNOWN FUNDS CONSIDERED TO BE DUE THERE IS NO BASIS UPON WHICH WE COULD PROPERLY RESTORE THEM TO THE STATE OF OREGON.

B-150228, NOV. 30, 1962

TO MR. P. W. SCHNEIDER:

YOUR LETTER DATED OCTOBER 9, 1962, WITH ENCLOSURE, TO THE UNITED STATES CORPS OF ARMY ENGINEERS HAS BEEN REFERRED HERE FOR REPLY. IN THAT LETTER YOU PROTEST THE SETOFF OF THE SUM OF $5,226.70 FROM THE AMOUNT OF $5,306.41 OTHERWISE DUE THE OREGON STATE GAME COMMISSION UNDER CONTRACT NO. DA-35-026-ENG 20622 AS REIMBURSEMENT FOR THE COST OF OPERATING THE LEABURG HATCHERY FOR THE MONTH OF JANUARY 1962. THE SUM OF $5,226.70 WAS SET OFF TO EFFECT COLLECTION OF THE BALANCE OF REFUND DUE THE DEPARTMENT OF THE ARMY OF STATE MOTOR VEHICLE FUELS TAX COVERING THE USE OF GASOLINE IN GOVERNMENT VEHICLES OPERATED OVER ROADS CONSTRUCTED AND MAINTAINED BY THE UNITED STATES ON GOVERNMENT OWNED PROPERTY IN THE PUBLIC DOMAIN OF THE STATE OF OREGON AND FOR REFUND DUE THE DEPARTMENT OF THE AIR FORCE ON GASOLINE IMPORTED FROM THE STATE OF OREGON AND USED AT FAIRCHILD AIR FORCE BASE, WASHINGTON.

THE UNITED STATES CLAIM IN THIS MATTER IS BASED ON THE PROVISIONS OF 2 ORS, 1953 ED., 319.320 AND WE OUTLINED OUR POSITION THEREIN TO THE OFFICIALS OF YOUR STATE HIGHWAY DEPARTMENT IN DECISION OF JUNE 7, 1960, B- 142528, 39 COMP. GEN. 816, COPY ENCLOSED.

SECTION 319.320, OREGON REVISED STATUTES, WAS AMENDED BY CHAPTER 368, OREGON LAWS 1961, EFFECTIVE AUGUST 9, 1961, TO CLEARLY PROVIDE FOR REFUNDS FOR THE TAX PAID AS MOTOR VEHICLE FUEL USED IN THE OPERATION OF A VEHICLE ON ANY ROAD, THOROUGHFARE OR PROPERTY, OTHER THAN A STATE HIGHWAY, COUNTY ROAD, OR CITY STREET BY AGENCIES OF THE UNITED STATES. BY REASON OF THE ABOVE AMENDMENT, FUTURE CLAIMS SHOULD BE HONORED BY THE STATE OF OREGON DEPARTMENT OF MOTOR VEHICLES.

IN LETTER DATED OCTOBER 17, 1962, B-142528, COPY HEREWITH, TO YOUR ATTORNEY GENERAL, WE EXPLAINED THAT SINCE IT APPEARS FINAL SETOFF ACTION HAS BEEN EFFECTED WITH RESPECT TO ALL OF THE KNOWN FUNDS CONSIDERED TO BE DUE THERE IS NO BASIS UPON WHICH WE COULD PROPERLY RESTORE THEM TO THE STATE OF OREGON, EVEN THOUGH WE APPRECIATE THE PREDICAMENT OF THE STATE AGENCIES INVOLVED. ACCORDINGLY, WE REGRET THAT THERE IS NOTHING FURTHER THAT WE CAN DO WITH RESPECT TO THIS MATTER.

WE ARE HEREWITH RETURNING UNITED STATES TREASURY CHECK NO. 70,080,969 IN THE AMOUNT OF $79.71 WHICH WAS ENCLOSED WITH YOUR LETTER.