B-11685, OCTOBER 21, 1940, 20 COMP. GEN. 203

B-11685, OCTOBER 21, 1940, 20 COMP. GEN. 203

FUNDS - TRUST - AVAILABILITY INTERPRETATION - ABRAHAM LINCOLN NATIONAL HISTORICAL PARK THE INCOME FROM THE ENDOWMENT FUND ACCEPTED BY THE UNITED STATES AND HELD IN TRUST IN CONNECTION WITH THE ABRAHAM LINCOLN NATIONAL HISTORICAL PARK IN ACCORDANCE WITH THE TERMS OF THE ACT OF JULY 17, 1916, IS AVAILABLE FOR EMPLOYMENT OF AN HISTORICAL RESEARCH AIDE TO PROVIDE ADDITIONAL INFORMATION TO VISITORS TO THE PARK IF IT IS ADMINISTRATIVELY DETERMINED SUCH EMPLOYMENT WILL FURTHER THE PURPOSES SET FORTH IN THE ACT, EVEN THOUGH NO STATUTORY PROVISION SPECIFICALLY DEFINES THE USE TO BE MADE OF SAID INCOME.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, OCTOBER 21, 1940:

THERE HAS BEEN CONSIDERED THE QUESTION PRESENTED IN YOUR LETTER OF AUGUST 7, 1940, AS FOLLOWS:

ON APRIL 11, 1916, THE LINCOLN FARM ASSOCIATION TRANSFERRED THE BIRTHPLACE OF ABRAHAM LINCOLN, AT HODGENVILLE, KENTUCKY, AND AN ENDOWMENT FUND TO THE UNITED STATES WHICH WAS ACCEPTED BY THE PRESIDENT AND THE SECRETARY OF WAR ON AUGUST 18, 1916, AS CONTEMPLATED BY THE ACT OF CONGRESS APPROVED JULY 17, 1916 (39 STAT. 385).

SECTION 2 OF THE ACT OF JULY 17, 1916 PROVIDES THAT THE UNITED STATES ACCEPT TITLE TO THE ENDOWMENT FUND UPON THE TERMS AND CONDITIONS STATED IN THE ASSIGNMENT AND TRANSFER, NAMELY, THAT THE UNITED STATES SHALL FOREVER KEEP THE SAID TRACT OF LAND TOGETHER WITH THE BUILDINGS AND APPURTENANCES THEREUNTO BELONGING DEDICATED TO THE PURPOSE OF A NATIONAL PARK OR RESERVATION, AND MAINTAIN SAID LAND, BUILDINGS, AND APPURTENANCES, ESPECIALLY THE LOG CABIN IN WHICH ABRAHAM LINCOLN WAS BORN AND THE MEMORIAL HALL ENCLOSING THE SAME, FROM SPOLIATION, DESTRUCTION, AND FUTURE DISINTEGRATION, TO THE END THAT THEY MAY BE PRESERVED FOR ALL TIME, AS FAR AS MAY BE, AS A NATIONAL PARK OR RESERVATION. THE ABRAHAM LINCOLN NATIONAL HISTORICAL PARK WAS TRANSFERRED TO THE NATIONAL PARK SERVICE OF THIS DEPARTMENT UNDER THE PROVISIONS OF EXECUTIVE ORDER NO. 6166 OF JUNE 10, 1933.

THE REGULAR FUNDS AVAILABLE FOR ADMINISTRATION, PROTECTION, MAINTENANCE, AND IMPROVEMENT OF THE AREA, PROVIDED IN THE ANNUAL INTERIOR DEPARTMENT APPROPRIATION ACT UNDER THE HEADING," NATIONAL HISTORICAL PARKS AND MONUMENTS," ARE NOT SUFFICIENT TO PROVIDE ALL OF THE SERVICES CONSIDERED NECESSARY TO GIVE ADEQUATE PROTECTION TO THE AREA AND PROVIDE SUFFICIENT INFORMATION TO THE VISITING PUBLIC, AND CONSIDERATION HAS BEEN GIVEN TO THE APPOINTMENT OF A HISTORICAL AIDE FOR ADDITIONAL SERVICES IF THE INCOME FROM THE ENDOWMENT FUND COULD BE USED FOR THAT PURPOSE. HISTORICAL AND NATURALIST SERVICES ARE GENERALLY AVAILABLE TO THE PUBLIC AS PART OF THE INTERPRETATIVE PROGRAM FOR EACH OF THE AREAS UNDER THE NATIONAL PARK SERVICE WHEN FUNDS ARE AVAILABLE IN THE ANNUAL APPROPRIATION FOR ADMINISTRATION, PROTECTION AND MAINTENANCE.

THE INCOME FROM THE ENDOWMENT HAS BEEN USED TO SOME EXTENT FOR REGULAR MAINTENANCE AND REPAIR WORK IN THE PARK BUT THERE IS SOME QUESTION, IN VIEW OF THE TERMS OF THE ASSIGNMENT SPECIFYING ,PROTECTION, PRESERVATION, AND MAINTENANCE" AS TO WHETHER THE FUND COULD BE USED FOR THE RESEARCH WORK NECESSARY TO PROVIDE THE ADDITIONAL INFORMATION TO THE VISITORS.

YOUR DECISION IN THIS MATTER WILL BE APPRECIATED.

SECTION 2 OF THE ACT OF JULY 17, 1916, 39 STAT. 385, PROVIDES, IN PART, AS FOLLOWS:

* * * THE TITLE TO SAID ENDOWMENT FUND IS ACCEPTED UPON THE TERMS AND CONDITIONS STATED IN SAID ASSIGNMENT AND TRANSFER, NAMELY, THAT THE UNITED STATES OF AMERICA SHALL FOREVER KEEP THE SAID TRACT OF LAND DESCRIBED IN SAID DEED, TOGETHER WITH THE BUILDINGS AND APPURTENANCES THEREUNTO BELONGING, DEDICATED TO THE PURPOSE OF A NATIONAL PARK OR RESERVATION, AND THAT THERE SHALL NEVER BE ANY CHARGE OR FEE MADE TO OR ASKED FROM THE PUBLIC FOR ADMISSION TO THE SAID PARK OR RESERVATION; AND FURTHER, SHALL FOREVER PROTECT, PRESERVE, AND MAINTAIN SAID LAND, BUILDINGS, AND APPURTENANCES, AND ESPECIALLY THE LOG CABIN IN WHICH ABRAHAM LINCOLN WAS BORN AND THE MEMORIAL HALL ENCLOSING THE SAME, FROM SPOLIATION, DESTRUCTION AND FURTHER DISINTEGRATION, TO THE END THAT THEY MAY BE PRESERVED FOR ALL TIME, AS FAR AS MAY BE, AS A NATIONAL PARK OR RESERVATION.

AS A RESULT OF THE ACCEPTANCE OF THIS FUND BY THE UNITED STATES, THERE IS NOW CARRIED ON THE BOOKS OF THE GOVERNMENT A TRUST FUND ACCOUNT DESCRIBED AS FOLLOWS:

INTEREST FROM AN ENDOWMENT FUND, TITLE TO WHICH WAS TRANSFERRED TO THE UNITED STATES BY THE LINCOLN FARM ASSOCIATION ON APRIL 11, 1916, IN CONNECTION WITH DEED OF GIFT COVERING THE HOMESTEAD OF ABRAHAM LINCOLN AND THE LOG CABIN IN WHICH HE WAS BORN. THIS FUND NOW CONSISTS OF BONDS AMOUNTING TO $46,000, THE INCOME FROM WHICH IS AVAILABLE FOR EXPENSES INCIDENT TO THE PRESERVATION OF THE BIRTHPLACE OF LINCOLN (1940 DIGEST OF APPROPRIATIONS 344.)

ALSO, IT APPEARS THAT FOR THE PAST SEVERAL YEARS THE ABRAHAM LINCOLN NATIONAL HISTORICAL PARK HAS BEEN INCLUDED AMONG THE HISTORICAL PARKS AND MONUMENTS PROVIDED FOR UNDER THE ANNUAL APPROPRIATION MADE FOR USE BY THE DEPARTMENT OF THE INTERIOR IN THE ADMINISTRATION, PROTECTION, C., OF NATIONAL HISTORICAL PARKS AND MONUMENTS. THIS APPROPRIATION FOR THE FISCAL YEAR 1941, AS MADE BY THE ACT OF JUNE 18, 1940, PUBLIC, NO. 640, PROVIDES AS FOLLOWS:

NATIONAL HISTORICAL PARKS AND MONUMENTS: FOR ADMINISTRATION, PROTECTION, MAINTENANCE, AND IMPROVEMENT, INCLUDING NOT EXCEEDING $5,925 FOR THE PURCHASE, MAINTENANCE, OPERATION, AND REPAIR OF MOTOR DRIVEN PASSENGER- CARRYING VEHICLES, AND NOT EXCEEDING $50,000 FOR THE PURCHASE LANDS AND INTERESTS IN LANDS, INCLUDING EXPENSES INCIDENTAL THERETO, $251,325: * *

IT IS NOTED THAT THIS APPROPRIATION IS NOT LIMITED TO EXPENSES OF PROTECTION OR PRESERVATION BUT IS SPECIFICALLY MADE AVAILABLE FOR EXPENSES OF ADMINISTRATION, MAINTENANCE AND IMPROVEMENT OF THE HISTORICAL PARKS AND MONUMENTS. THE QUESTION WHICH YOU PRESENT INVOLVES A CONSIDERATION OF WHETHER THE INCOME DERIVED FROM THE ENDOWMENT FUND NOW HELD IN TRUST BY THE GOVERNMENT IS, LIKEWISE, AVAILABLE FOR EXPENSES INCIDENT TO THE ADMINISTRATION, MAINTENANCE, OR OPERATION OF THIS PARTICULAR PARK OR RESERVATION, AND, IF SO, WHETHER THE EXPENSE REFERRED TO IN YOUR LETTER MAY BE REGARDED AS A NECESSARY OR PROPER EXPENSE INCIDENT TO SUCH ADMINISTRATION, MAINTENANCE, OR OPERATION.

THAT THE SAID INCOME IS AVAILABLE FOR THE "PRESERVATION" OF THE PARK AS STATED IN THE DESCRIPTION OF THE TRUST FUND ACCOUNT, SUPRA, APPEARS NOT OPEN TO QUESTION. AND THE ACT OF 1916, SUPRA, REQUIRES THAT THE UNITED STATES SHALL "FOREVER PROTECT, PRESERVE, AND MAINTAIN SAID LAND, BUILDINGS, AND APPURTENANCES.' CLEARLY, THEREFORE, BOTH THE FUND AND THE APPROPRIATION ARE AVAILABLE FOR EXPENSES INCIDENT TO PRESERVATION.

WITH RESPECT TO THE MATTER OF MAKING THE PARK OR MEMORIAL MORE ATTRACTIVE --- FROM AN EDUCATIONAL OR HISTORICAL STANDPOINT--- TO ITS VISITORS, IT WILL BE NOTED THAT THE FIRST PORTION OF SECTION 2 OF THE ACT OF 1916, HEREIN QUOTED, PROVIDES THAT ONE OF THE TERMS AND CONDITIONS OF ACCEPTANCE OF THE ENDOWMENT FUND IS THAT THE UNITED STATES SHALL KEEP FOREVER THE TRACT OF LAND DESCRIBED IN THE DEED, TOGETHER WITH THE BUILDINGS "DEDICATED TO THE PURPOSE OF A NATIONAL PARK OR RESERVATION, AND THERE SHALL NEVER BE ANY CHARGE OR FEE MADE TO OR ASKED FROM THE PUBLIC FOR ADMISSION TO THE SAID PARK OR RESERVATION.' HENCE, THE EXPENSE NOW CONTEMPLATED WOULD APPEAR TO BE A REASONABLE AND PROPER EXPENSE INCIDENT TO THE ACCOMPLISHMENT OF THE PURPOSE FOR WHICH THE PROPERTY AND THE ENDOWMENT WERE GRANTED TO AND ACCEPTED BY THE UNITED STATES.

THERE IS NOTHING IN THE ACT OF 1916, OR IN ANY SUBSEQUENT LEGISLATION RELATING TO ABRAHAM LINCOLN NATIONAL HISTORICAL PARK, SPECIFICALLY DEFINING OR LIMITING THE USE TO BE MADE OF THE INCOME DERIVED FROM THE ENDOWMENT FUND. IT WOULD SEEM READILY APPARENT, HOWEVER, THAT SUCH INCOME WAS INTENDED TO BE USED BY THE UNITED STATES FOR CARRYING OUT AND FURTHERING THE PURPOSE SET FORTH IN THE STATUTE ACCEPTING TITLE TO THE PROPERTY AND THE ENDOWMENT FUND--- WHICH PURPOSE EMBRACES NOT ONLY THE PROTECTION AND PRESERVATION OF THE PREMISES BUT, ALSO, THE MAINTENANCE AND ADMINISTRATION OF THE SAME WITH A VIEW TO HONORING AND PERPETUATING THE MEMORY OF ABRAHAM LINCOLN. THEREFORE, IF IT BE ADMINISTRATIVELY DETERMINED THAT SUCH PURPOSE WILL BE FURTHERED BY THE EMPLOYMENT OF AN AIDE FOR RESEARCH WORK NECESSARY TO PROVIDE ADDITIONAL HISTORICAL INFORMATION TO VISITORS CONCERNING THE MEMORIAL, THERE APPEARS NO LEGAL OBJECTION TO THE USE OF THE INCOME DERIVED FROM THE ENDOWMENT FUND FOR SUCH PURPOSE.