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B-200962 1 (1981-05-26)

handle is hein.gao/gaobadjkq0001 and id is 1 raw text is: DECISION FILE: B-200962 MATTER DIGEST: THE COMPTROLLER GENERAL OF YHE UNITED STATES WASHINGTON. 0.C. 20548 DATE: May 26, 1981 OF: Department of the Interior-Retention of Proceeds from Sale of Excess Property. Proceeds from sale of precious metals held by Department of Interior as successor to American Revolutionary Bicentennial Administration (AREA) must be deposited in Treasury as miscellaneous receipts under 40 U.S.C. § 485 (1976). ARBA ac- quired metal from which bicentennial commemorative medals were struck by the Treasury Department. Authority to sell and expend proceeds is limited to proceeds from sale of commemorative medals and does not extend to proceeds resulting from sale of precious metal remaining after the medals are melted down. The Assistant Secretary of the Interior for Fish and Wildlife and Parks has asked whether the proceeds from the sale of precious metal in possession of the Department of the Interior (Interior) as successor to the American Revolution Bicentennial Administration (ARBA) may be used to pay certain outstanding claims against ARBA or for further bi- centennial commemorative activities. For the reasons given below, the proceeds of any such sale must be deposited in the Treasury as miscel- laneous receipts unless it can be demonstrated that the metal was not acquired with appropriated funds. This case concerns the disposition of silver and gold that Interior has as a result of melting down commemorative medals that were struck by the Department of the Treasury for the ARBA under Pub. L. No. 92-228, 86 Stat. 37, February 15, 1972 (the 1972 Act). As successor to the American Revolutionary Bicentennial Commission, the ARBA was specifically given responsibility for the commemorative medal program. Section 15, of the 1973 Act. According to Interior, medals that were provided ARBA under this act were sold by ARBA under authority provided in its organic legislation. Section 4(b)(4), Pub. L. No. 93-179, 87 Stat. 697, December 11, 1973 (the 1973 Act). ARBA retained the profits from the sale of the com- memorative medals and applied these profits to authorized program activities. ARBA staff explained this procedure to the House and Senate Appropriation Committees. See Hearinqs before Senate Appropriations Subcommittee consider- ing Department of Interior and Related Agencies Appropriation for Fiscal Year 1976, Part 4, p. 1181 and Hearings before House ADoropriations Subcommittee considering Department of Interior and Related Agencies Appropriations for 1975, Part 2, pp. 867-869. Several million dollars of profit resulted from sales over the years the program was in effect. A e 1.6,C 119in3e2d QaAA_ 1Q2_ 7

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