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B-204291 1 (1982-04-16)

handle is hein.gao/gaobabkgp0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20548 B-204291 April 16, 1982 The Honorable John D. Dingell Chairman, Subcommittee on Oversight and Commerce Committee on Energy and Commerce House of Representatives 118457 Dear Mr. Dingell: This responds to your request for our views on certain legal issues involved in the proposed disposal of the Government-owned tract of land on Natagorda Island. In the preparation of this response, we have had the benefit of the views of both the Depart- ment of the Interior (Interior) and the General Services Adminis- tration (GSA). Your request presents three major issues. First, is the 1971 Memorandum of Understanding (1971 MOU) between the Department of the Interior and the Air Force a cooperative agreertent within the contemplation of the National Wildlife Refuge System Adminis- tration Act, as amended by the Game Range Act, Public Law 94-223, 90 Stat. 199 (1976) (hereafter collectively referred to as Public Law 94-223)? Second, if it is a cooperative agreement within the contemplation of Public Law 94-223, can Interior remove the Matagorda Island property from the National Wildlife Refuge System (NWRS or System) Lby terminating the 1971 MOU? Based on our review of Public Law 94-223 and its legislative history, we conclude that the 1971 MOU is a cooperative agreement under Public Law 94-223 and that Interior may remove the property subject to the 1971 MOU from the System by terminating its use pursuant to the terms of the 1971 MOU. The third major issue involves the scope of GSA's authority to dispose of Interior's interest in Matagorda Island. By en- acting Public Law 94-223, Congress clearly directed that areas of the NWRS are to continue to be a part of the Systeni unless removed pursuant to the terms of Public Law 94-223. Hence, until Interior terinates its use of tne Island pursuant to the terws of the 1971 MOU or an act of Congress removes such lands fromt the System, GSA has no authority to dispose of Interior's interest in Matagorda Island. Conversely, until and unless either of the two actions noted above occurs, any disposal action by GSA with regard to the excess Air Force interest in Matagorda Island will be subject to Interior's interest. ! \ ,( y,

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