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B-210361 1 (1983-08-30)

handle is hein.gao/gaobadlhb0001 and id is 1 raw text is: / ' ,) - .: ; - ,-_; 2L F ?: - =A . t, FILE: B-210361 DATE: . MATTiFR OF: Forest Ser!71ce-Avai.bilitY of appropriated funds Fo j pay,<-, nt of Y-'oo Property Owners, AssociaLion Asessents 01GEST: 1. Forest Servicc L'epartment of Agri- culture Tpro2Vi -J-ea fun-- are avail- able to ,.-> assessments levied by private j,,oov., ers' association against 1ot Ser'vi'ce acquired by d-onat ion -.c'- r a'uthority of Public L aw 9 6--Ao- A.-es. 'its arc 20cc ible agai2;st the Uni:td States as covenan.s runnin w' 'ith the land ,here ,S, 0. ob.i i tion to pay J-7 necessary condition for acquisition of lot. 2. Doctrine basecd on the Supremacy Clause of the U)itcd States Constitu- tion, A-ticlTe IV c'- e 2, -hat Federal a.erncies are e:-er -, from paying a (: %tS levied b, s -t and local aovernnal authorit'es does not preclude thle Forest Service, DIepartm:nt. of Agrcu1t.urme :,or p-yinq private homeowners' association assessments on lot acqure 0rough donation. 3. Forest Service, D ~pvtmenL of Agri- cxilture did not viol-te An'iiefici- ency act provJ.o, 3' 3.oC. § 1341(a) (1)(B) by a:cccnti.nq title to property s.ubject to fut ir: homIeowner association asYe. 'riion Prohibits .olations in advrance of appropriations. [ Io violation occur- red because Serv'ce's appropriation, to be derived from the Land and Water Conservalion Fund, Public Law 97-100, 97th Cong., 1st Sess., 95 Stat. 1391, 1406 (1981) was wade available for asscss .n aymentsC, and its appro- priation for land acou~.sition was enacted befo -e Sercice to.-A title to property, 0.2 6-3c/

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