B-40577, MARCH 25, 1944, 23 COMP. GEN. 726

B-40577: Mar 25, 1944

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IS CONFINED TO THE PARTICULAR OBJECT OR PURPOSE FOR WHICH GIVEN OR BEQUEATHED. WHEN THE OBJECT OR PURPOSE OF THE GIFT OR BEQUEST IS NOT EXPRESSLY DELINEATED. 1944: I HAVE YOUR LETTER OF MARCH 2. CREATING THE NATIONAL PARK TRUST FUND BOARD PROVIDES: "THE BOARD IS HEREBY AUTHORIZED TO ACCEPT. THAT THE BOARD IS NOT AUTHORIZED TO ENGAGE IN ANY BUSINESS. 679.50 HAVE BEEN ACCEPTED BY THE BOARD. THESE DONATIONS HAVE BEEN INVESTED BY THE SECRETARY OF THE TREASURY IN UNITED STATES GOVERNMENT BONDS. ALL DONATIONS THUS FAR MADE HAVE BEEN WITHOUT SPECIFICATION OF ANY PARTICULAR PURPOSE FOR WHICH EXPENDABLE. IT IS ASSUMED THAT BY IMPLICATION THE DONATIONS ARE AVAILABLE GENERALLY "FOR THE BENEFIT OF.

B-40577, MARCH 25, 1944, 23 COMP. GEN. 726

NATIONAL PARK TRUST FUND - AVAILABILITY OF THE PRINCIPAL AND INCOME THE PRINCIPAL OR CORPUS OF A GIFT OR BEQUEST ACCEPTED BY THE NATIONAL PARK TRUST FUND BOARD IN ACCORDANCE WITH THE ACT OF JULY 10, 1935, MAY NOT BE DISBURSED BY THE BOARD UNLESS SO DIRECTED BY THE DONOR OR BEQUEATHER, BUT IN ORDER THAT SOME EFFECT MAY BE GIVEN TO THE ACTION OF THE RESPECTIVE DONORS OR BEQUEATHERS IN RESPECT OF THEIR DONATIONS OR BEQUESTS THE INCOME FROM THE INVESTMENT AND REINVESTMENT THEREOF MAY BE CONSIDERED AVAILABLE FOR EXPENDITURE FOR ANY OF THE PURPOSES AUTHORIZED BY THE ACT. THE USE OF THE INCOME FROM THE INVESTMENT AND REINVESTMENT OF TRUST FUNDS GIVEN OR BEQUEATHED TO THE NATIONAL PARK TRUST FUND BOARD FOR A PARTICULAR OBJECT OR PURPOSE IN ACCORDANCE WITH THE ACT OF JULY 10, 1935, IS CONFINED TO THE PARTICULAR OBJECT OR PURPOSE FOR WHICH GIVEN OR BEQUEATHED, BUT WHEN THE OBJECT OR PURPOSE OF THE GIFT OR BEQUEST IS NOT EXPRESSLY DELINEATED, THE INCOME FROM THE INVESTMENT OR REINVESTMENT OF THE FUNDS COMPRISING THE GIFT OR BEQUEST MAY BE DEEMED AVAILABLE FOR THE BENEFIT GENERALLY OF THE NATIONAL PARK SERVICE, ITS ACTIVITIES, OR ITS SERVICE.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE INTERIOR, MARCH 25, 1944:

I HAVE YOUR LETTER OF MARCH 2, 1944, AS FOLLOWS:

SECTION 2 OF THE ACT OF JULY 10, 1935 (49 STAT. 477), CREATING THE NATIONAL PARK TRUST FUND BOARD PROVIDES:

"THE BOARD IS HEREBY AUTHORIZED TO ACCEPT, RECEIVE, HOLD, AND ADMINISTER SUCH GIFTS OR BEQUESTS OF PERSONAL PROPERTY FOR THE BENEFIT OF, OR IN CONNECTION WITH, THE NATIONAL PARK SERVICE, ITS ACTIVITIES, OR ITS SERVICE, AS MAY BE APPROVED BY THE BOARD, BUT NO SUCH GIFT OR BEQUEST WHICH ENTAILS AN EXPENDITURE NOT TO BE MET OUT OF THE GIFT, BEQUEST OR THE INCOME THEREOF SHALL BE ACCEPTED WITHOUT THE CONSENT OF CONGRESS.

"THE MONEYS OR SECURITIES COMPOSING THE TRUST FUNDS GIVEN OR BEQUEATHED TO THE BOARD SHALL BE RECEIPTED FOR BY THE SECRETARY OF THE TREASURY, WHO SHALL INVEST, REINVEST, OR RETAIN INVESTMENTS AS THE BOARD MAY FROM TIME TO TIME DETERMINE. THE INCOME, AS AND WHEN COLLECTED, SHALL BE COVERED INTO THE TREASURY OF THE UNITED STATES IN A TRUST FUND ACCOUNT TO BE KNOWN AS THE " NATIONAL PARK TRUST FUND" SUBJECT TO DISBURSEMENT BY THE DIVISION OF DISBURSEMENT, TREASURY DEPARTMENT, FOR THE PURPOSES IN EACH CASE SPECIFIED: PROVIDED, HOWEVER, THAT THE BOARD IS NOT AUTHORIZED TO ENGAGE IN ANY BUSINESS, NOR SHALL THE SECRETARY OF THE TREASURY MAKE ANY INVESTMENT FOR ACCOUNT OF THE BOARD THAT MAY NOT LAWFULLY BE MADE BY A TRUST COMPANY IN THE DISTRICT OF COLUMBIA, EXCEPT THAT THE SECRETARY MAY MAKE ANY INVESTMENTS ACCEPTED BY THE BOARD.'

AS OF JANUARY 1, 1944, CASH DONATIONS TOTALLING $16,679.50 HAVE BEEN ACCEPTED BY THE BOARD. PURSUANT TO THE PROVISIONS OF THE ACT, THESE DONATIONS HAVE BEEN INVESTED BY THE SECRETARY OF THE TREASURY IN UNITED STATES GOVERNMENT BONDS. INTEREST RECEIVED ON THE INVESTMENTS TOTALS $2,681.49. ALL DONATIONS THUS FAR MADE HAVE BEEN WITHOUT SPECIFICATION OF ANY PARTICULAR PURPOSE FOR WHICH EXPENDABLE, AND IT IS ASSUMED THAT BY IMPLICATION THE DONATIONS ARE AVAILABLE GENERALLY "FOR THE BENEFIT OF, OR IN CONNECTION WITH, THE NATIONAL PARK SERVICE, ITS ACTIVITIES, OR ITS SERVICE," AS MAY IN EACH CASE BE APPROVED BY THE BOARD. HOWEVER, AS THE LANGUAGE OF THE ACT AS TO THE AVAILABILITY OF THE PRINCIPAL AS WELL AS THE INCOME FOR SUCH PURPOSES IS NOT CLEAR, THE QUESTION HAS BEEN RAISED AS TO WHETHER GIFTS MADE TO THE TRUST FUND MAY BE UTILIZED, IN THE ABSENCE OF ANY SPECIFICATION OF THE DONOR TO THE CONTRARY, EITHER AS TO THE PRINCIPAL OR THE INCOME THEREFROM AS THE BOARD MAY FROM TIME TO TIME APPROVE.

IN VIEW OF THE EXISTING UNCERTAINTY, THE FOLLOWING QUESTION IS SUBMITTED FOR YOUR CONSIDERATION AND ADVICE:

UNLESS OTHERWISE SPECIFIED OR RESTRICTED BY THE DONOR, MAY THE PRINCIPAL OF DONATIONS HERETOFORE OR HEREAFTER ACCEPTED BE DISBURSED IN THE DISCRETION OF THE BOARD FOR ANY OF THE PURPOSES FOR WHICH EXPENDITURES ARE AUTHORIZED BY THE ACT?

SINCE THE ACT OF JULY 10, 1935, 49 STAT. 477, AUTHORIZES THE NATIONAL PARK TRUST FUND BOARD TO ACCEPT GIFTS OR BEQUESTS OF PERSONAL PROPERTY ONLY WHEN SUCH GIFTS OR BEQUESTS ARE MADE FOR THE BENEFIT OF, OR IN CONNECTION WITH, THE NATIONAL PARK SERVICE, ITS ACTIVITIES, OR ITS SERVICE, IT MUST BE PRESUMED THAT THE CASH DONATIONS REFERRED TO IN YOUR LETTER, WHICH ARE STATED TO HAVE BEEN MADE WITHOUT SPECIFICATION OF ANY PARTICULAR PURPOSE, WERE APPROVED AND ACCEPTED BY THE BOARD FOR THE PURPOSES AUTHORIZED BY THE ACT. ALSO, THE FACT THAT SUCH DONATIONS HAVE BEEN INVESTED BY THE SECRETARY OF THE TREASURY, AS AUTHORIZED IN RESPECT OF MONEYS COMPOSING THE TRUST FUNDS GIVEN OR BEQUEATHED TO THE BOARD, SUGGESTS THAT NO DIRECTIONS WERE ATTACHED THERETO FOR THE IMMEDIATE DISBURSEMENT OF THE PRINCIPAL OF THE GIFTS OR BEQUESTS. SEE SECTION 4 OF THE CITED ACT, 49 STAT. 478. NOR IS ANY REPRESENTATION MADE THAT THE DONORS OR BEQUEATHERS DIRECTED THE FUTURE DISBURSEMENT OF THE PRINCIPAL OF THE FUNDS.

WITH RESPECT TO MONEYS COMPOSING THE TRUST FUNDS GIVEN OR BEQUEATHED TO THE BOARD, THE ACT PROVIDES THAT THE INCOME FROM THE INVESTMENT AND REINVESTMENT THEREOF SHALL BE COVERED INTO THE TREASURY OF THE UNITED STATES IN A TRUST FUND ACCOUNT, SUBJECT TO DISBURSEMENT BY THE DIVISION OF DISBURSEMENT,"FOR THE PURPOSES IN EACH CASE SPECIFIED.' THUS, WHERE A PARTICULAR OBJECT OR PURPOSE IS SPECIFIED, THE USE OF THE INCOME OF THE FUNDS GIVEN OR BEQUEATHED THEREFOR IS CONFINED TO THE PARTICULAR OBJECT OR PURPOSE. HOWEVER, WHEN THE OBJECT OR PURPOSE OF THE GIFT OR BEQUEST IS NOT EXPRESSLY DELINEATED, THE INCOME FROM THE INVESTMENT OR REINVESTMENT OF THE FUNDS COMPRISING THE GIFT OR BEQUEST MUST, BY NECESSARY IMPLICATION, BE DEEMED AVAILABLE FOR THE BENEFIT GENERALLY OF THE NATIONAL PARK SERVICE, ITS ACTIVITIES, OR ITS SERVICE.

ACCORDINGLY, IN ANSWER TO THE QUESTION POSED IN THE LAST PARAGRAPH OF YOUR LETTER I HAVE TO ADVISE THAT NO AUTHORITY APPEARS IN THE ACT--- OTHER THAN IN SECTION 4--- FOR THE USE OF THE PRINCIPAL OR CORPUS OF THE GIFT UNLESS SO DIRECTED BY THE DONOR, BUT IN ORDER THAT SOME EFFECT MAY BE GIVEN TO THE ACTION OF THE RESPECTIVE DONORS OR BEQUEATHERS IN RESPECT OF THEIR DONATIONS OR BEQUESTS THE INCOME FROM THE INVESTMENT AND REINVESTMENT THEREOF MAY BE CONSIDERED AVAILABLE FOR EXPENDITURE FOR ANY OF THE PURPOSES AUTHORIZED BY THE ACT.