B-164035, MAY 1, 1968

B-164035: May 1, 1968

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ARE NOT AVAILABLE FOR PAYMENT OF A DEFICIENCY JUDGMENT IN FAVOR OF YOUR CLIENT AGAINST THE UNITED STATES IN CONNECTION WITH CERTAIN LAND CONDEMNATION PROCEEDINGS. THAT SINCE APPROPRIATED FUNDS WHICH COULD HAVE BEEN USED TO FINANCE ACQUISITION OF THE LAND IN QUESTION HAD BEEN MADE AVAILABLE TO THE DEPARTMENT OF THE INTERIOR. WE ARE ENCLOSING A COPY OF OUR DECISION OF AUGUST 21. WE HAVE LEARNED THAT THE DEPARTMENT OF THE INTERIOR IS IN THE PROCESS OF REALLOCATING APPROPRIATED FUNDS AVAILABLE TO IT FOR LAND ACQUISITION IN ORDER TO FREE SUFFICIENT MONEYS TO PAY THE JUDGMENT IN QUESTION. WE ARE CONFIDENT THAT YOU WILL REACH A SATISFACTORY RESOLUTION ON BEHALF OF YOUR CLIENT THROUGH FURTHER CONTACT WITH THE DIRECTOR OF THE NATIONAL PARK SERVICE.

B-164035, MAY 1, 1968

TO MR. HUBERT HUMPHREY:

BY LETTER OF MARCH 27, 1968, OUR CLAIMS DIVISION ADVISED YOU THAT MONEYS APPROPRIATED UNDER THE PROVISIONS OF SECTION 724A OF TITLE 31, U.S.C. ARE NOT AVAILABLE FOR PAYMENT OF A DEFICIENCY JUDGMENT IN FAVOR OF YOUR CLIENT AGAINST THE UNITED STATES IN CONNECTION WITH CERTAIN LAND CONDEMNATION PROCEEDINGS. YOUR LETTER OF APRIL 2, 1968, QUESTIONS THIS DETERMINATION.

WE POINTED OUT, IN OUR DETERMINATION, THAT SINCE APPROPRIATED FUNDS WHICH COULD HAVE BEEN USED TO FINANCE ACQUISITION OF THE LAND IN QUESTION HAD BEEN MADE AVAILABLE TO THE DEPARTMENT OF THE INTERIOR, FUNDS PROVIDED BY 31 U.S.C. 724A COULD NOT PROPERLY BE USED TO SATISFY THE JUDGMENT. YOU, IN TURN, CONTEND THAT THE JUDGMENT MUST BE SATISFIED FROM SECTION 724A FUNDS, BECAUSE THE DEPARTMENT OF THE INTERIOR, IN FACT, HAS NO FEDERAL FUNDS ALLOCATED FOR THE PURPOSE.

WE APPRECIATE YOUR CONCERN OVER THE DELAY IN SATISFYING THE JUDGMENT YOU HOLD. WHILE WE UNDERSTAND YOUR POSITION IN THE MATTER, WE CANNOT AGREE WITH IT. WE ARE ENCLOSING A COPY OF OUR DECISION OF AUGUST 21, 1964, B- 154988, TO THE SECRETARY OF THE INTERIOR, WHICH EXPLAINS OUR VIEW IN CONNECTION WITH A COMPARABLE SITUATION CONSIDERED AT THAT TIME.

WE HAVE LEARNED THAT THE DEPARTMENT OF THE INTERIOR IS IN THE PROCESS OF REALLOCATING APPROPRIATED FUNDS AVAILABLE TO IT FOR LAND ACQUISITION IN ORDER TO FREE SUFFICIENT MONEYS TO PAY THE JUDGMENT IN QUESTION. IN LIGHT OF THIS ACTION, WE ARE CONFIDENT THAT YOU WILL REACH A SATISFACTORY RESOLUTION ON BEHALF OF YOUR CLIENT THROUGH FURTHER CONTACT WITH THE DIRECTOR OF THE NATIONAL PARK SERVICE. WE REGRET ANY DELAY AND INCONVENIENCE THIS MAY OCCASION.

A COPY OF THIS LETTER IS BEING SENT TO THE DIRECTOR OF THE NATIONAL PARK SERVICE.