B-160855, MAR. 15, 1967

B-160855: Mar 15, 1967

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UNDER THE ALLEGED ARRANGEMENT A TOTAL OF 7 STICKERS WERE SOLD TO THE AUTOMOBILE ASSOCIATION FOR RESALE TO THE PUBLIC. OF SUCH NUMBER 2 OF THE STICKERS REMAINED UNSOLD AND REFUND OF THE PURCHASE PRICE IS NOW REQUESTED. PROVISION FOR THE ASSESSMENT OF FEES AND THE SALE OF CONSERVATION FUND STICKERS TO PERSONS VISITING CERTAIN RECREATIONAL AREAS IS CONTAINED IN PUBLIC LAW 88-578. MONIES RECEIVED FROM THE SALE OF SUCH STICKERS ARE DEPOSITED INTO THE LAND AND WATER CONSERVATION FUND IN THE TREASURY AND ARE AVAILABLE FOR THE PURPOSES SPECIFIED IN THE ACT. WE FIND NOTHING IN THE RECORD TO SUPPORT THE ASSUMPTION THAT THE SPOKANE FIELD OFFICE UNDERSTOOD AT THE TIME OF THE SALE THAT THE AUTOMOBILE ASSOCIATION PURCHASED THE TICKETS FOR RESALE OR THAT A REFUND WOULD BE MADE FOR ANY TICKETS THE ASSOCIATION WAS UNABLE TO SELL.

B-160855, MAR. 15, 1967

TO MR. W. O. GREENE, AUTHORIZED CERTIFYING OFFICER:

IN YOUR LETTER OF FEBRUARY 7, 1967 (REFERENCE D-733B-1) YOU ASKED WHETHER YOU PROPERLY MIGHT CERTIFY A VOUCHER COVERING A REFUND TO THE INLAND AUTOMOBILE ASSOCIATION OF THE AMOUNT PAID BY IT FOR 2 CONSERVATION FUND STICKERS.

YOU STATE THAT AN ARRANGEMENT APPARENTLY HAD BEEN ENTERED INTO BETWEEN THE SPOKANE FIELD OFFICE AND THE INLAND AUTOMOBILE ASSOCIATION FOR THE SALE OF THE STICKERS BY THE AUTOMOBILE ASSOCIATION. UNDER THE ALLEGED ARRANGEMENT A TOTAL OF 7 STICKERS WERE SOLD TO THE AUTOMOBILE ASSOCIATION FOR RESALE TO THE PUBLIC. OF SUCH NUMBER 2 OF THE STICKERS REMAINED UNSOLD AND REFUND OF THE PURCHASE PRICE IS NOW REQUESTED.

PROVISION FOR THE ASSESSMENT OF FEES AND THE SALE OF CONSERVATION FUND STICKERS TO PERSONS VISITING CERTAIN RECREATIONAL AREAS IS CONTAINED IN PUBLIC LAW 88-578, APPROVED SEPTEMBER 3, 1964, 78 STAT. 897. MONIES RECEIVED FROM THE SALE OF SUCH STICKERS ARE DEPOSITED INTO THE LAND AND WATER CONSERVATION FUND IN THE TREASURY AND ARE AVAILABLE FOR THE PURPOSES SPECIFIED IN THE ACT. BY SECTION 5 (B) OF EXECUTIVE ORDER 11200 ISSUED FEBRUARY 26, 1965, THE PRESIDENT AUTHORIZED THE SECRETARY OF THE INTERIOR TO PRESCRIBE THE PROCEDURES FOR THE PRODUCTION, DISTRIBUTION, AND SALE OF THE CONSERVATION FUND STICKERS.

WE FIND NOTHING IN THE RECORD TO SUPPORT THE ASSUMPTION THAT THE SPOKANE FIELD OFFICE UNDERSTOOD AT THE TIME OF THE SALE THAT THE AUTOMOBILE ASSOCIATION PURCHASED THE TICKETS FOR RESALE OR THAT A REFUND WOULD BE MADE FOR ANY TICKETS THE ASSOCIATION WAS UNABLE TO SELL. FURTHER, EVEN IF SUCH WAS THE UNDERSTANDING WE QUESTION WHETHER ANYONE AT THE SPOKANE FIELD OFFICE WAS AUTHORIZED TO ENTER INTO SUCH AN AGREEMENT. IN THIS REGARD IT IS OUR UNDERSTANDING THAT THE SALE OF THE CONSERVATION STICKERS HAS BEEN PLACED UNDER THE AUSPICES OF THE DIRECTOR, BUREAU OF OUTDOOR RECREATION, AND THAT AGREEMENTS MAY BE MADE WITH THAT BUREAU WHEREBY THE STICKERS ARE MADE AVAILABLE TO CERTAIN ORGANIZATIONS FOR PURPOSE OF RESALE ON A CONSIGNMENT BASIS.

ACCORDINGLY, SINCE THE RECORD DOES NOT ESTABLISH THAT THE INLAND AUTOMOBILE ASSOCIATION IS ENTITLED TO A REFUND, THE REFUND VOUCHER PROPERLY MAY NOT BE CERTIFIED FOR PAYMENT.