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B-184936 1 (1976-05-03)

handle is hein.gao/gaobaddnz0001 and id is 1 raw text is: 




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DECISION





FILE: B-184936


/$     THE COMPTROLLER GENERAL
             OF  THE UNITED BTATE.S
             WASHINGTON. D.C. 20548
    , j,-


DATE:     MAY 3  1976


MATTER OF:Forest Products Laboratory agreement   with
              University of Wisconsin
DIGEST:   I.  Forest Products Laboratory, Department of
              Agriculture, has authority to accept bequest
              from private citizen only for purpose of
              establishing and operating forestry research
              facilities, It may not enter into cooperative
              agreement with University of Wisconsin
              Foundation to invest proceeds of bequest and
              to use income for fellowships, scholarships,
              special seminars and symposia since agency
              may not do indirectly what it cannot do
              directly.

          2.  Proposed cooperative agreement provision which
              would permnait recipient of funds to use funds
              for unspecified purposes in future at its own
              option is not proper, since proposed provision
              does not limit future use of funds to authorized
              purposes only.


     A certifying officer of the Forest Products Laboratory (FPL),
Forest Service, United States Department of Agriculture (USDA),
requested an advance decision as to whether a voucher in the amount
of $357,646.58 may be certified for payment to the University of
Wisconsin Foundation.

     In June 1972, the FPL was advised that it had been designated
as a beneficiary of the estate of the late Clark C. Heritage of
Tacoma, Washington. After consultations between the Office of the
General Counsel, USDA, and the Treasury Departnent, it was determined
that the FPL could accept and use the proceeds of the bequest under
section 581a-1 of 16 U.S.C. (1970) which states:

          On and after August 31, 1951, funds may be
     received from any State, other political sub-
     division, organization, or individual for the pur-
     iose of   stblhin   or operatu __y__orest
         r                ~                    State


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