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B-200579 1 (1981-01-07)

handle is hein.gao/gaobadiuf0001 and id is 1 raw text is: T HE C 0IVI P oLP01L E:4 E ~A L DOE CI S10N OF THE UN~ITED STATES ,~VVA SH IN GT 0N 0 .C. 2 0 5 4 L14it 7 P ~ FILE: 3-200579 MATTER OF: DIGEST: DAT E: January 7, 1981 Donation of Federal Archives Building, New York under 40 U.S.C. 5 484(k)(3). 1. We are unaware of any basis for legally objecting to approval of Archives Preservation Corporation's (a wholly-owned subsidiary of the New York State Urban Development Corporation) application for conveyance of the Federal Ar- chives Building in New York City for historic monument purposes and revenue producing activi- ties pursuant to 40 U.S.C. 5 484(k)(3). Even though the application requires the developer who will be restoring and maintaining the pro- perty to make payments in lieu of real estate and sales taxes, these are customary costs for UDC sponsored projects and they are not being assessed merely to circumvent the requirement that all incomes in excess of costs be used for historic preservation purposes. . 2. New York Urban Development Corporation may be reimbursed fee representing costs it has incurred in participating in the development and implemen- tation of plan for restoration and maintenance of Federal Archives Building in New York City pursuant to 40 U.S.C. § 484(k)(3) if the Secretary of the Interior deems the fees to be reasonable (and we have we have no information that they are not) since it is UDC's custom to recover these costs from developers under projects it sponsors-and these are valid costs of the project. -'1c 3. New York Landmarks Conservancy, a nonprofit corporation which participated at the request of the General Services Administration and New York City in preparation of plan and selection of developer to implement plan for repair and maintenance of Fed- eral Archives Building in New York City following donation to State pursuant to 40 U.S.C. S 484(k)(3), may be paid a fee to reimrburse the Conservancy its costs if the Secretary of the Interior finds it rea- sonable. Reimbursement may properly be considered project cost and not incomes in excess of costs. 114M( * & ?d, A) (4-1 61/

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