Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
4520860
label
President - Swimming Pool (1)
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
4520860
sourceUrl
contentType
document
title
President - Swimming Pool (1)
citationUrl
collections
Philip W. Buchen Files
Philip Buchen's General Subject Files
subjects
White House (Washington, D.C.)
Law and legislation
Gifts
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
4520860
coverageEndDate
logicalDate
1976-02-01
month
2
year
1976
coverageStartDate
day
23
logicalDate
1905-05-23
month
5
year
1905
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
0ceb3ed35b7d84c4
ocrText
The original documents are located in Box 55, folder "President - Swimming Pool (1)" of
the Philip Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Some items in this folder were not digitized because it contains copyrighted
materials. Please contact the Gerald R. Ford Presidential Library for access to
these materials.
hth
OLIFE
Crossword Water Cartoons! Care Puzziel Tips!
®
THE MAGAZINE FOR POOL FAMILIES
FORD i LIBRARY 038470
Jacques Cousteau:Into the silent world/The Water Scientist
How Chlorine kills bacteria / The 3 key factors in water care
7
SPECIAL FEATURE:
WHAT MAKES POOL PEOPLE TICK?
BY DR. joyce BROTHERS
Play the Pool Water Care Game-pg.15
The White House pool(s) you'll never see-pg.9
Kalish
Digitized from Box 55 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
The
White House
Pool Returns?
When President Nixon turned the
However, the White House desper-
But, what if
then White House pool into a press
ately needs more than just a pool. A
We're sure the NSPI's efforts will
room in 1970, he took away what had
complete facility to provide relaxation
bring a very worthwhile and needed
been a popular presidential watering
and recreation for the president is
addition to the White House. But
place for 37 years.
needed. But this new facility must not
we couldn't help wondering what would
POOLIFE had the full story in 1972:
intrude on the simple and historic
happen if, instead of the NSPI, different
"What Ever Happened to the White
beauty of the White House setting.
governmental agencies got in on the
House Pool?" The last paragraph of
At present, the NSPI is heading an
act Would the nool turn out quite dif-
SWIMMING POOL
Trammel Crow
President
Trammel Crow Company
2001 Bryan Street
Dallas, Texas 75201
Wants to give about $100, 000
President supposedly spent a weekend some time in the
recent past in Dallas.
Roger Whyte (an advance man) gave this information
to Bobbie Boland, Mr. Robert Miller's office -- Economic
Organization office)
Rm. 263
Ext. 2903
EYES GNLY
Memorandum for:
philip Buchin
From:
Jay French
Barry Ruth
inausural committee.
Subject:
Contribution for the Swimming Pool
while the ultimate legal determination 01 to the
occeptance of up to $200,000 from must the Inaugural
Committee for the swimming pool would be made
by the National Park Service gnd the National no inioluable Park
Foundation, we believe that there are
legal problems in proposal
would proper. Merchand discussions with
Bob Barker, Marriott's counsel on there matters
should
sould brenho be brought into such discussions
alons with Rick Robbins of Interior if we
intend to pursue this further.
has
Although Marriott spoke with Dave Hoopes less
than 3 weeks ago, it is Bill Casselman's
understanding 4hrough Jack Stiles that Marriott
is not so strong on this idea at this time.
Instead Stites has indicated that friends 01
the Vice President wish to donate the necessary
funds.
A number of political considerations are
obviously involved and since Bill is apparently
kyowledgeable
the own member the currint office who is Ep most
aj/to
of
the
plans,
Wt.
that
BERALD FORD LIBRADI
Stiles has Kept Bill informed as to his
efforts, but Bill sees a number of political considerotens
that must be taker into account before acceptance
ate this or other dorations for the pool. We
tecommend that Aprs contrase to bd octive Rept
close tough with thes propress problem until
the Ultimal
this office continue to be involued in all phases
of the plannins for the pool until the Final accisions
are made, and that we wait for Bill's return
on Monday in order to straighten things out.
2
imposed by the donor, and to apply it for the purpose designated. It is
customary in accepting such gifts for the Congress to enact legislation
authorizing an officer or instrumentality of the Government to accept a
specific conditional gift or specific types of conditional gifts and apply
them in accordance with the donor's wishes. To this effect, the United
States Court of Appeals, District of Columbia Circuit has held:
" Gifts to the United States which involve any duty, burden, or
condition
are not accepted by the Government unless by the
express authority of Congress. The national legislature, which
controls the property of the United States (Const., Art. IV, Sec. 3),
is consulted in such a case. " (Story V. Snyder 184 F. 2d 454, at 456).
There are, in fact, numerous statutes authorizing designated officers or
instrumentalities to accept gifts or bequests to the United States for
specific purposes.
Clearly the gift to the United States of a swimming pool to be constructed
on the White House grounds or the gift or donation of monies to be used
for the construction of related facilities is a conditional gift or at least
a gift involving a burden to the United States. We are unable to find any
specific authorization for the acceptance of gifts or donation to the
United States for the purpose of making improvements to the grounds
of the White House. By inference, however, such authority appears
to be vested in the Secretary of the Interior.
Since 1961, by Act of Congress, the White House has been administered
as part of the National Park System (75 Stat. 586). As used in the Act
the term "White House" includes the surrounding grounds. 16 U.S. C. 6
provides in part: "The Secretary of the Interior
is authorized
to accept
monies which may be donated for purposes of the national
park and monument system. " Section 6(a) further provides that nothing
shall prohibit "the Secretary of the Interior from accepting in the name
of the United States, gifts or bequests of money
or
property
in the interest of the National Park Service. "
Therefore, we conclude that inherent authority exists in the Secretary
of the Interior to accept on behalf of the United States the gift of a
swimming pool to be constructed on the White House grounds and to
accept the gift or donation of monies for construction of related facilities,
where the Secretary has determined that the acceptance of such gift for
donation is consistent with and in the interest of the National Park System.
cc: Philip W. Buchen
Polo-
1. when concerned earlier- economic times seem Gad
2. Sqnamal money identified with XIXT fat cats
3. The 200,000 cames from a source w/o conflict- -
4.
Legal
1. Imangeral Committee -
2. NPS (D.O.I) accept - NPS has anthority to accept att
Nat'l Parl Foundation NPF has guasi
1. who gets money- - by what authority is the money collected
2. Segnamal Committee - what charter-
4. are Donations to NPF deductible -
3. Legal approval of Conn of Fine Arl
6. 5. Chech fedlaw on wiranged can m.
B. FORD LIBRAN
Associated Press
White House Pool Taking Shape
Construction of a White House swimming pool
the President's office, is being financed through
became chief executive, used the backyard pool of
continues at a steady pace. The $61,000 pool, near
private contributions. President Ford, before he
his home in Alexandria almost every morning.
"National Park Foundation"
(make notation - for White House pool)
Mr. W. J. Schuiling
298-6200
President
Financial General Bank Shares Inc.
12th Floor
1701 Pennsylvania Avenue, N. W.
Washington, D. C. 20006
FORD & LIBRARY 071879
=
FOR IMMEDIATE RELEASE
NOVEMBER 25, 1970
OFFICE OF THE WHITE HOUSE PRESS SECRETARY
THE WHITE HOUSE
REMARKS OF THE PRESIDENT
AT A CEREMONY LIGHTING THE SOUTH SIDE
OF THE WHITE HOUSE
AT 5:50 PM EST
Ladies and gentlemen: Mrs. Nixon and I are very
happy to welcome you on this Thanksgiving eve to one of those
occasions that comes very seldom in the history of the White
House, a significant change in terms of how it will appear to
the American people and people all over the world.
Seventy years ago -- or eighty years ago, I should
say -- in the Presidency of Benjamin Harrison, electricity
first came to the White House. And when Theodore Roosevelt
was President, 68 years ago, the White House, for the first
time, had some external lights which he planned. Those lights
which he planned you perhaps have noticed, but in recent
days they have been removed because a change is going to
take place which you will see in just a moment.
No change in the external lighting of the White
House has occurred in the past 68 years, and the change which
you will see tonight came as a result of two coincidences:
First, as you know, a lot of mail comes to the White
House, to the President and to the First Lady. The First Lady
also is one who reads a lot of mail and listens to a lot of
people.
Several months ago she reported to me that a number of
people who had written to the White House, and some of the
visitors -- the over a million-and-a-half visitors who come
through this House every year -- had remarked about the fact
that at night Washington is a very beautiful city; that the
Washington Monument is lighted; that the Lincoln Memorial is
lighted; and also that the Capitol is lighted.
The question was asked over and over again by scores
of people in letters and personally: Why can't the White House
be lighted, because it is such a beautiful house? We would
like for all of our people to see it at night as well as in
the daytime.
Mrs. Nixon raised that question with me. I had to
give her the same answer that I am presently giving to people
in the Cabinet who ask for increases in the budget. I pointed
out: Where are we going to get the money?
Now came the coincidence. Mr. Willard Marriott, the
chairman of the Inaugural Committee reported several months
ago that there was a surplus after the last Inauguration,
is
FORD
MORE
Page 2
as sometimes there is, and that it was the custom to ask the
First Lady to designate where that surplus might be used.
So Mrs. Nixon made the decision that the surplus
from the Inaugural Committee of January 1969 would be given
as a gift to the Nation, and t be gift to the Nation is the
lighting of the White House, t he external lighting of the
White House.
MORE
Page 3
In a moment, Mrs. Nixon will do the honors of
pushing the button that will allow you to see the House as
it has been lit.
The reason that it has been kept a secret is that
they have been doing their practicing very late at night.
But if you have seen a glow from this House at 4:00 or 5:00
in the morning, it isn't because it has been on fire. It is
because they have been trying to light the White House so we
could have the final result of it available tonight, through-
out the Thanksgiving and the Christmas season and all the years
to come.
I just close with one other historical reference.
Once this House is lighted at night, it will be seen by
millions of Americans and will be more simply than having the
building physically lit, because it will be a symbol of
something, I hope, to all Americans and to people around the
world.
Woodrow Wilson, speaking in Independence Hall in
1914, expressed the feeling that I deeply share, and that I
know most Americans sharé with me, when he said that a
patriotic American is never so proud of the great Flag under
which he lives as when it comes to mean to others as well as
to himself a symbol of hope and liberty.
I only hope, as this House now will be lighted for
all to see, that, as it appears before us here, it will be
now and in the years to come a symbol of hope and liberty to
all Americans and to all people throughout the world.
And now, ladies and gentlemen, we can't invite
you all in, but I do want to urge all of you not only to see
it from this side but to go around and look at it from the
front. I think it is even more beautiful from the front with
the lighting.
Thank you very much and a very happy Thanksgiving
to everybody who is here.
Thank you.
END
(AT 5:57 P.M.
EST)
THE WHITE HOUSE
WASHINGTON
April 2, 1970
Dear Mr. Marriott,
I was very pleased to learn from Director
Hartzog that the Inaugural Committee's most
generous gift of $100, 000 has been received by
the National Park Service.
It seems most appropriate that these funds
be a gift to the American people and that they
be used for the enhancement of our nation's most
historic and revered house. You may be assured
that they will indeed be used for this purpose.
Again, my sincere appreciation to you and
to the Committee for your thoughtfulness.
Sincerely,
Latricia niton
Mr. J. Willard Marriott, Chairman
Inaugural Committee 1969
The Pension Building
440 G Street, NW.
Washington, D. C. 20025
LIBRARY GERALD -FORD
OF C INTERIOR
UNITED STATES
DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
March
1847
WASHINGTON, D.C. 20240
IN REPLY REFER TO:
F90-A
MAR 27 1970
Mr. J. Willard Marriott, Chairman
Inaugural Committee 1969
The Pension Building
440 G Street, N. W.
Washington, D. C. 20025
Dear Mr. Marriott:
I acknowledge with thanks the Inaugural Committee's gift of
$100,000, tendered with your letter of March 18, to be used
to defray expenses of redecorating and refurnishing certain
public rooms in the Executive Mansion. The donation is being
accepted by the National Park Service under authority of the
Act of July 10, 1935, 49 Stat. 478 16 USC 6(a), and will be
deposited in a special donations account in the United States
Treasury for expenditure as specified in your letter.
The action of the Inaugural Committee in making the funds
available for this most worthy purpose is commendable and
very much appreciated.
Sincerely yours,
Director
GERALD R. FORD LIBRENT
INAUGURATION OF
PRES
PRESIDENT
AND
VICE
INAUGURAL COMMITTEE 1969
THE PENSION BUILDING
440 G STREET, N. W.
WASHINGTON, D. C. 20025
5161 River Road
J. WILLARD MARRIOTT, CHAIRMAN
Washington, D. C. 20016
March 18, 1970
Mr. George B. Hartzog, Jr.
Director, National Park Service
Department of the Interior
Washington, D. C. 20240
Dear Mr. Hartzog:
On behalf of the 1969 Inaugural Committee, I hereby wish
to confirm the conditions of the gift of $100, 000 given to the
National Park Service this morning. It is the desire of the
Inaugural Committee that these funds be used to defray expenses
of redecorating and refurnishing certain public rooms in the
Executive Mansion.
It is understood that these funds can be accepted by the
National Park Service under the Act of July 10, 1935; 49 Stat. 478,
16 USC. 6(a); and deposited in a special donations account from
which such expenditures may be made for the purpose specified.
The donation is tendered with the understanding that it will
be available for expenditure without regard to the usual requirements
of the Government with respect to such matters as procurement of
supplies, material, and equipment; contracting; and employment of
personnel. It will be subject, however, to the usual Federal Govern-
ment accounting and auditing requirements and such supervision
as is felt appropriate by the Park Service.
Sincerely,
1
mandy
J. Willard Marriott
LIBRARY GERALD R. FORD
ENT
OF
UNITED STATES
DEPARTMENT OF THE INTERIOR
OFFICE OF THE SOLICITOR
March
1849
WASHINGTON, D.C. 20240
Mr. Robert Barker
Attorney-at-Law
MAR 17 1970:
1616 H Street, N. W.
Washington, D. C. 20006
Dear Bob:
I have discussed with George Hartzog, Director of the
National Park Service, the proposed gift of $100,000, from the
Inaugural Committee 1969, toward the cost of redecorating and
refurnishing certain of the public rooms in the Executive Mansion.
Under the act of July 10, 1935, 49 Stat. 478, 16 U.S.C.
6a, the National Park Service may receive donations of money for
the activities of the Park Service, which it can then spend directly
for the purposes specified by the donor without going through the ap-
propriation process. As you know, the maintenance of the Executive
Mansion is a responsibility and activity of the National Park Service.
George Hartzog informs me that the Service has a special
donations account to take care of such situations as the Committee has
in mind. I understand, also, that Bill Marriott and he have discussed
the donation and they are supposed to meet tomorrow when Bill will
deliver the check.
It is important that you specify the purposes to which you
wish the moneys to be put. Accordingly, I am taking the liberty of
attaching a draft of letter for your use, with such changes as you
consider desirable. After tender of the donation, the Park Service
will send the Committee an acknowledgment.
I hope this answers your questions about the way this matter
can be handled.
With best personal regards, I am,
Sincerely yours,
ISI
Mitcholl Molleh
Solicitor
Enclosure
LIBRARY GERALD P. FORD
THE WHITE HOUSE
WASHINGTON
February 24, 1970
Dear Mr. Marriott:
I have discussed with Mrs. Nixon the disposition of the $100, 000
which the Inaugural Committee has so very generously offered
to her for one of her projects.
Mrs. Nixon has decided that she would like this money to be a
gift to the White House, and thereby a gift to the nation. As
you know, Mrs. Nixon has consistantly shown a great concern
for the many Americans, both tourists and guests, that pass
through this house each year. She strongly feels that for those
visitors, this house should be perfect in every respect. Mrs.
Nixon takes great pride in sharing this house with the public,
and would like it to be in tip-top shape at all times.
At this time, Mrs. Nixon would prefer to present the contri-
bution of $100, 000 to the National Park Service in the person
of Mr. George Hartzog, Jr. She would also prefer that this
gift be made quietly and in good taste.
At your convenience, would you please contact me at my office
so that we can work out the details of this transaction.
With many thanks for your generosity and your patience in this
matter,
Sincerely,
thems
Constance Stuart
Staff Director
to Mrs. Nixon
Mr. J. Willard Marriott
4500 Garfield Street, N. W.
Washington, D. C. 20007
LISTARY GERALD R. FORD
White House Decor and Decorum
Most Americans would probably agree with Clem- ernment seems to have gone on a veritable antique
ent Conger, the White House curator, that the Presi-
furniture binge. Private donors are asked to furnish
dent's mansion ought to be furnished the way our
the Diplomatic Reception Rooms of the State De-
forefathers should have furnished it, but didn't-
partment (which already has a better collection
for lack of public and/or private funds, taste and/or
than the White House) and now the Archives, and
interest in a stately decor. We all would have the
the Supreme Court are furnished by similar means.
White House represent the grandeur and dignity of
Though this may raise our national pride. it also
wash Post
Wed., Dec.6 1972
GERALD FORD LIBITED
INAUGURAL COMMITTEE, 1969
16
PENSION BUILDING
440 G STREET, N.W.
WASHINGTON, D.C. 20025
VOUCHER
GERALD R. OHOM
NATIONAL PARK SERVICE
NAME OF CLAIMANT
Washington, D. C.
MAILING ADDRESS
DETAILS
(Attach Original Invoice when one is furnished by Claimant)
UNIT PRICE
AMOUNT
Contribution to defray expenses of redecorating
and refurnishing certain public rooms in the
Executive Mansion
75,000.00
TOTAL
75,000.00
I certify that the above-described articles or services have been delivered in good order or satisfactorily performed.
Signature June Main
Chairman
1969 Inaugural Committee
Committee
Approved:
November 9
Signature
,1972
Executive Director
Approved
19
Approved for payment in the amount of
......
$
19
Chairman
COMPTROLLER
GENERAL LEDGER
BUDGET LEDGER
Paid by Check No.
dated
, 19
Voucher No.
FORD & LIBRAL
INAUGURAL COMMITTEE 1969
8c
J. WILLARD MARRIOTT
CHAIRMAN
5161 RIVER ROAD
BETHESDA, MARYLAND 20016
Mr. Clement E. Conger
The White House
Washington, D. C.
INAUGURATION OF
ONEW
PRESIDENT
AND
VICE
INAUGURAL COMMITTEE 1969
J. WILLARD MARRIOTT
CHAIRMAN
WASHINGTON, D.C.
November 9, 1972
5161 RIVER ROAD
BETHESDA, MARYLAND 20016
Dear Mr. Hartzog:
On behalf of the 1969 Inaugural Committee, I am enclosing a
check for $75, 000 to be used to defray expenses of redecorating
and refurnishing certain public rooms in the Executive Mansion.
It is understood that these funds can be accepted by the National
Park Service under the Act of July 10, 1935; 49 Stat. 478,
16 USC 6(a); and deposited in a special donations account from
which such expenditures may be made for the purpose specified.
The donation is tendered with the understanding that it will
be available for expenditure without regard to the usual require-
ments of the Government with respect to such matters as
procurement of supplies, material, and equipment; contracting;
and employment of personnel.
Best wishes to you.
Sincerely,
Mice
LIBRARY GERALD R. FORD
J. Willard Marriott
Mr. George B. Hartzog, Jr.
Director, National Park Service
Washington, D. C. 20240
Jim O'Neill:
Please enclose the $75,000 check with the letter
to Mr. Hartzog and the note to Clem Conger,
in the attached envelope to Clem Conger.
Thanks very much,
James A. Councilor
FROM J. Willard Marriott
Dear Clem:
These are the funds we promised
you as soon as the Certificates
of Deposit matured.
Best wishes.
LIBRARY GERALD R. FORD
De Droot
(616)459-6251
THE WHITE House
WASHINGTON
Eva:
Inarmuch as
Jack Marsh seems
to be involved in
swimming pool, please
subject of the
show hir give him copy
of note rc De Goota
of G.R. Press colu mn.
Tell him I owe
Vern P. a call-back.
P.
FORD is OFRALD LIBRARY
H I'USU Lup
Toward a Pool
By Sarah Booth Conroy
President Gerald Ford
press secretary Jerry ter-
may be able to keep his
Horst said yesterday that
trim figure, if plans for a
some of Ford's Grand Rap-
$100,000, 20x50-foot glassed
ids, Mich., friends were talk-
nool
on
the
ing about a nationwide cam- the
build
CT
nool
at
THE WHITE HOUSE
WASHINGTON
8/16/74
3:10 The Privacy Committee advises
that Dr. DeGroot would like to
talk with you
-------
(616) 459-6251
wants to make a donation of
a swimming pool to the
White House.
GREATO 07V839 LIBRARY LIBRAR,
G.R. Press
8/15
Vern
Plagenhoef
A Pool for
The President
Civic pride in Grand Rapids has reached
a zenith now that Gerald R. Ford has
reached the White House following 25 years
of service as your congressman.
The fast-paced events of recent days
card
8/16/74
3:10 The Privacy Committee advises
that Dr. DeGroot would like to
talk with you
-------
(616) 459-6251
wants to make a donation of
a swimming pool to the
White House.
RED
R. FORD LIBRARY
THE WHITE HOUSE
WASHINGTON
Eva:
Inasmuch as
Jack Marsh seems
to bc unvolved in
subject of the
swimming pool,please
show hir give him copy
of note rc De Goot o
of G.R. Press colu mn
4080\
/
Tell him I owo
Vern P. a call-back.
right
P.
A' First Lap
Toward a Pool
By Sarah Booth Conroy
President Gerald Ford press secretary Jerry ter-
may be able to keep his Horst said yesterday that
trim figure, if plans for a some of Ford's Grand Rap-
$100,000, 20x50-foot glassed
ids, Mich., friends were talk-
in swimming pool on the
ing about a nátionwide cam-
paign to build a pool at the
White House grounds work
White House. School chil-
nool
would
be
a
the
first
Frank-
THE WHITE HOUSE
WASHINGTON
8/16/74
3:10 The Privacy Committee advises
that Dr. DeGroot would like to
talk with you
-------
(616) 459-6251
wants to make a donation of
a swimming pool to the
White House.
G.R.Press
lege; one, incidentally, who was named
8/15
national junior college coach-of-the-year.
He's political in nature, too, serving as
volunteer water safety chairman for the
Red Cross in Kent County and as secretary
of the Caledonia School Board. He's also a
man of reason and that's why I listened.
Vern
"It's something the community would
want to do," said Clark "and it's something
President Ford would want. We're not
Plagenhoef
talking about sending him a basket of fruit.
It would be a genuine expression of
appreciation and that's the kind of com-
munity Grand Rapids is."
A Pool for
Financing would be easy, according to
Clark. Possible means of finance are
marathon swims, swimathons, donations
The President
or even bank financing, although it would
be pretty debilitating if the total populace
Civic pride in Grand Rapids has reached
of the Grand Rapids area was unable to
a zenith now that Gerald R. Ford has
raise sufficient funds for a 40-foot pool such
esthe A the when be -- duin
8/20
Tab of
Papers
gwen &
Camela
803 OF : CRALD
August 22, 1974
MEMORANDUM FOR:
General Alexander M. Haig, Jr.
FROM:
William E. Casselman II
SUBJECT:
Authority for Construction of Swimming
Pool and Related Facilities on White House
Grounds
You have asked whether authority exists for the United States to accept
the gift of a swimming pool to be constructed on the White House grounds.
You have further asked whether authority exists to accept gifts or donations
of meney for purposes of constructing related facilities. These questions
will be considered jointly.
The acceptance of gifts to the United States is generally provided for by
custom and usage. The Supreme Court has stated: "We have no doubt
that the receipt of gifts, testamentary or non-testamentary, is within
the ambit of federal powers. Uninterrupted usage from the foundation
of the Government has sanctioned it." # (United States V. Burnison,
339 U.S. 37)
It has been the prevailing practice for the United States to accept
unconditional gifts and bequests of money, personal property, and real
property without express statutory authority. The statutes appear to
assume such authority and merely deal with the administration or
disposition of the property after it has been received. (See, for example,
31 U.S.C. 757(e), directing the redemption of government securities
donated or bequesthed to the United States, and 40 U.S.C. 304, providing
for the disposal of lands acquired by the United States by devise).
Where, however, a gift is made to the United States for a designated
purpose the question invariably arises whether any specific officer of
the United States has authority to accept it, subject to the conditions
LISA GERALD : FORD
2
imposed by the donor, and to apply it for the purpose designated. It is
customary in accepting such gifts for the Congress to enset legislation
authorising an officer or instrumentality of the Government to accept a
specific conditional gift or specific types of conditional gifts and apply
them in accordance with the donor's wishes. To this effect, the United
States Court of Appeals, District of Columbia Circuit has held:
" Gifts to the United States which involve any duty, burden, or
condition are not accepted by the Government unless by the
express authority of Congress. The national legislature, which
controls the property of the United States (Conet., Art. IV. Sec. 3),
is consulted in such a case. a (Story v. Sayder 184 F.2d 454, at 456).
There are, in fact, numerous statutes authorizing designated officers or
instrumentalitics to accept gifts or bequests to the United States for
specific purposes.
Clearly the gift to the United States of a swimming pool to be constructed
on the White House grounds or the gin or donation of meales to be used
for the construction of related facilities is a conditional gift or at least
a gift involving a burden to the United States. We are unable to find any
specific authorization for the acceptance of gifts or donation to the
United States for the purpose of making improvements to the grounds
of the White House. By inference, however, such authority appears
to be vested in the Secretary of the Interior.
Since 1961, by Act of Congress, the White House has been administered
as part of the National Park System (75 Stat. 586). As used in the Act
the term "White House" includes the surrounding grounds. 16 U.S.C. 6
provides in part: "The Secretary of the Interior
is authorized
to accept
menies which may be donated for purposes of the national
park and monument system." Section 6(a) further provides that nothing
shall prohibit "the Secretary of the Interior from accepting in the name
of the United States, gifts or bequests of money
or
...
property
in the interest of the National Park Service."
Therefore, we conclude that inherent authority exists in the Secretary
of the Interior to accept on behalf of the United States the gift of a
swimming pool to be constructed on the White House grounds and to
accept the gift or denation of meales for construction of related facilities,
where the Secretary has determined that the acceptance of such gift or
donation is consistent with and in the interest of the National Park System.
EC: Philip W. Buchen
GERALD
WEC:bw
THE WHITE HOUSE
For filing
WASHINGTON
August 22, 1974
MEMORANDUM FOR:
General Alexander M. Haig, Jr.
FROM:
William E. Casselman II
wor
SUBJECT:
Authority for Construction of Swimming
Pool and Related Facilities on White House
Grounds
You have asked whether authority exists for the United States to accept
the gift of a swimming pool to be constructed on the White House grounds.
You have further asked whether authority exists to accept gifts or donations
of money for purposes of constructing related facilities. These questions
will be considered jointly.
The acceptance of gifts to the United States is generally provided for by
custom and usage. The Supreme Court has stated: "We have no doubt
that the receipt of gifts, testamentary or non-testamentary, is within
the ambit of federal powers. Uninterrupted usage from the foundation
of the Government has sanctioned it. " (United States V. Burnison,
339 U.S. 87)
It has been the prevailing practice for the United States to accept
unconditional gifts and bequests of money, personal property, and real
property without express statutory authority. The statutes appear to
assume such authority and merely deal with the administration or
disposition of the property after it has been received. (See, for example,
31 U.S.C. 757(e), directing the redemption of government securities
donated or bequeathed to the United States, and 40 U.S.C. 304, providing
for the disposal of lands acquired by the United States by devise).
Where, however, a gift is made to the United States for a designated
purpose the question invariably arises whether any specific officer of
the United States has authority to accept it, subject to the conditions
R.
FORD
GERALD
LIBRARA
2
imposed by the donor, and to apply it for the purpose designated. It is
customary in accepting such gifts for the Congress to enact legislation
authorizing an officer or instrumentality of the Government to accept a
specific conditional gift or specific types of conditional gifts and apply
them in accordance with the donor's wishes. To this effect, the United
States Court of Appeals, District of Columbia Circuit has held:
11 Gifts to the United States which involve any duty, burden, or
condition
are not accepted by the Government unless by the
express authority of Congress. The national legislature, which
controls the property of the United States (Const., Art. IV, Sec. 3),
is consulted in such a case. (Story V. Snyder 184 F. 2d 454, at 456).
There are, in fact, numerous statutes authorizing designated officers or
instrumentalities to accept gifts or bequests to the United States for
specific purposes.
Clearly the gift to the United States of a swimming pool to be constructed
on the White House grounds or the gift or donation of monies to be used
for the construction of related facilities is a conditional gift or at least
a gift involving a burden to the United States. We are unable to find any
specific authorization for the acceptance of gifts or donation to the
United States for the purpose of making improvements to the grounds
of the White House. By inference, however, such authority appears
to be vested in the Secretary of the Interior.
Since 1961, by Act of Congress, the White House has been administered
as part of the National Park System (75 Stat. 586). As used in the Act
the term "White House" includes the surrounding grounds. 16 U.S. C. 6
provides in part: "The Secretary of the Interior
is authorized
to accept
monies which may be donated for purposes of the national
park and monument system. 11 Section 6(a) further provides that nothing
shall prohibit "the Secretary of the Interior from accepting in the name
of the United States, gifts or bequests of money
or
property
in the interest of the National Park Service."
Therefore, we conclude that inherent authority exists in the Secretary
of the Interior to accept on behalf of the United States the gift of a
swimming pool to be constructed on the White House grounds and to
accept the gift or donation of monies for construction of related facilities,
where the Secretary has determined that the acceptance of such gift or
donation is consistent with and in the interest of the National Park System.
CC: Philip W. Buchen
THE WHITE HOUSE
WASHINGTON
August 22, 1974
MEMORANDUM FOR:
General Alexander M. Haig, Jr.
FROM:
William E. Casselman II
wor
SUBJECT:
Authority for Construction of Swimming
Pool and Related Facilities on White House
Grounds
You have asked whether authority exists for the United States to accept
the gift of a swimming pool to be constructed on the White House grounds.
You have further asked whether authority exists to accept gifts or donations
of money for purposes of constructing related facilities. These questions
will be considered jointly.
The acceptance of gifts to the United States is generally provided for by
custom and usage. The Supreme Court has stated: "We have no doubt
that the receipt of gifts, testamentary or non-testamentary, is within
the ambit of federal powers. Uninterrupted usage from the foundation
of the Government has sanctioned it. " (United States V. Burnison,
339 U.S. 87)
It has been the prevailing practice for the United States to accept
unconditional gifts and bequests of money, personal property, and real
property without express statutory authority. The statutes appear to
assume such authority and merely deal with the administration or
disposition of the property after it has been received. (See, for example,
31 U.S.C. 757(e), directing the redemption of government securities
donated or bequeathed to the United States, and 40 U.S.C. 304, providing
for the disposal of lands acquired by the United States by devise).
Where, however, a gift is made to the United States for a designated
purpose the question invariably arises whether any specific officer of
the United States has authority to accept it, subject to the conditions
Friday 8/23/74
MEETING
8/23/74 4 p.m.
10:05 The meeting with John Marsh, Jerry terHorst, Bill Casselman
and you this afternnon is scheduled for 4 p.m. -- to discuss
-- pool problem
-- renaming of Grand Cancelled Rapids airport
LIBRATE BERALD = ONEY
THE WHITE HOUSE
WASHINGTON
August 23, 1974
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
ROLAND L. ELLIOTT
M
In the past couple of days, President Ford has received
about 8 letters enclosing contributions for the construction
of a swimming pool and I expect more gifts will be forth-
coming. Long standing policy in the past has required
that such personal contributions be returned to the sender.
I do not know if this is based simply on tradition or on
Article II., Section I. of the Constitution with respect to
emoluments. In either case, I would appreciate your
guidance and recommendations on the handling of these
letters and contributions.
Attached are the letters we have received so far and a
suggested draft of a letter returning the contributions.
Many thanks.
Attachments
Per request of Dr. Ted Marrs, this material has been
delivered over to Colonel George Joulwan in Gen. Haig's
office.
P.W.B.
Philip W. Buchen
and
THE WHITE HOUSE
WASHINGTON
August 23, 1974
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
ROLAND L. ELLIOTT
M
In the past couple of days, President Ford has received
about 8 letters enclosing contributions for the construction
of a swimming pool and I expect more gifts will be forth-
coming. Long standing policy in the past has required
that such personal contributions be returned to the sender.
I do not know if this is based simply on tradition or on
Article II., Section I. of the Constitution with respect to
emoluments. In either case, I would appreciate your
guidance and recommendations on the handling of these
letters and contributions.
Attached are the letters we have received so far and a
suggested draft of a letter returning the contributions.
Many thanks.
Attachments
Per request of Dr. Ted Marrs, this material has been
delivered over to Colonel George Joulwan in Gen. Haig's
office.
T.W.B.
Philip W. Buchen
THE WHITE HOUSE
WASHINGTON
August 29, 1974
MEMORANDUM FOR:
General Alexander M. Haig, Jr.
FROM:
William E. Casselman II
we
SUBJECT:
Construction of Swimming Pool and
Related Facilities on White House
Grounds
The following is an outline of possible funding sources and contracting
options open to the President in constructing a swimming pool and related
facilities on the White House grounds. If the recommended project
proposal is approved, a detailed implementation plan will be drawn up
by this office and the Department of the Interior.
OBJECTIVE:
To construct a swimming pool and related
facilities for the use of the President, his
family and guests as part of National Park
Service, Reservation 1 (White House).
POSSIBLE PARTICIPANTS:
1. National Park Service (NPS):
Has administrative responsibility over White House
mansion and grounds, including authority to under- -
take construction and authority to accept donations
of both funds and equipment, 75 stat. 586; 16 U.S. C.
1 et seq. NPS has authority to construct pool with
appropriated funds. However, such funds are not
presently available. All NPS contracting would
be subject to government regulations. NPS has
available expertise to oversee construction
activities. Donations to NPS are tax deductible.
2
2. National Park Foundation (NPF):
Has authority to accept donations of both funds and
equipment to further National Park Service
activities including authority to contract for
construction projects, 16 U.S. C. 19(e) et seq.
NPF does not have existing funds with which to
undertake project. Adequate staff to oversee
construction activities is available to NPF through
the Department of the Interior, 16 U.S.C. 19(h).
NPF contracting is not subject to government
regulation. Donations to NPF are tax deductible.
3. United States Secret Service (USSS):
Has responsibility for the protection of the President
and his family, 18 U.S.C. 3056(a). This would
include oversight of construction activities from a
security standpoint.
4. National Swimming Pool Institute (NSPI):
By letter of intent dated August 22, 1974, (attached
Tab A), has offered funding and construction
assistance from the swimming pool industry. NSPI
does not have funds or in-house construction capability
at this time.
5. Edna McConnell Clark Foundation (EMCF):
Mr. James Henry, Executive Director, has offered
financial assistance including an immediate interest
free construction loan and indemnification of any
funding shortfall. EMCF is willing to grant this
assistance anonymously.
6. Inaugural Committee:
Committee Chairman J. Willard Marriott has
indicated that the Committee has $400, 000 in
excess funds which it is willing to donate to the
project.
3
7. Ad Hoc Fund-raising Group:
A broad-based organization including representatives
of NSPI and other swimming-oriented organizations,
U.S. Olympic Committee, Congress, etc. could be
created to undertake fund-raising efforts. (A memo
recommending lead personnel is attached at Tab B).
8. Council for National Cooperation in Aquatics:
Could be approached for fund-raising assistance.
Members include NSPI, Red Cross, Boy Scouts,
Girl Scouts, YMCA, YWCA, AAU, NCAA, National
Safety Council, U.S. Office of Education, U.S.
Public Health Service, and other recreation groups.
FUNDING SOURCES:
1. Government Appropriations:
Funds could be secured by direct appropriations to
NPS, subject to reimbursement from private
donations. Would have advantages of limiting
number of participants, and using standardized
procedures applicable to government contracting.
Disadvantages include: necessity to seek supplemental
appropriations and increased project costs as a result
of exclusive government contracting (subject to all
government contracting restrictions). Also, if not
done on a reimbursable basis would result in total
cost being borne by taxpayer.
2. Private Donations:
Private funding carries advantages of flexibility,
lower project cost, no cost to taxpayer, no direct
connection with government. Disadvantages
include greater number of necessary participants
and need for establishing a central administrative
control over fund-raising activities.
4
Private funding could be secured either from
single or limited source donations or from a
broad-based fund-raising drive.
Single or limited sources for donations have
advantages of immediate implementation and
limited administrative problems because of
reduced number of participants. The disadvantage
relates to possible adverse exposure resulting from
use of such sole sources. The advantages and
disadvantages of a broad-based fund raising drive
are basically the reverse of the above.
However, fund-raising could be done in combination
with single source and broad-based drive. The
immediate implementation costs could be secured on a
loan indemnification basis from a single source, while
having project cost borne by subsequent broad-based
drive. This carries the advantage of immediate
implementation while at the same time reaping public
relations benefits of the broad-based campaign.
Donated funds could be funneled to the NPS either
directly or through the NPF with spillover funds
being dedicated to the U.S. Olympic Committee.
Both routes would result in tax advantages to donees.
CONTRACTING OPTIONS:
1. Government:
NPS could contract directly for the pool construction.
This has the advantages of standardized procedures
and government expertise. The disadvantages include
necessity to comply with government contracting
regulations, higher costs and utilization of
appropriated funds.
5
2. National Park Foundation:
Pursuant to a special use permit from NPS,
NPF could contract for the construction of pool
and upon completion, transfer title to NPS. This
procedure is advantageous in that NPF is not
subject to government contracting regulations
which results in lower project costs. Contracting
and construction expertise is available to NPF from
the Department of the Interior.
3. Private:
Because of the statutory restrictions on the
acceptance of conditional gifts, there appears
to be no viable private contracting options which
do not involve the NPF.
RECOMMENDED PROJECT IMPLEMENTATION:
1. Fund Raising:
It is recommended that the cost of the project be
borne by funds solicited by a broad-based ad hoc
fund-raising group created for this purpose. Funds
raised by this group would be channeled into the
National Park Foundation. Any spillover funds
would be distributed among the twenty-seven sports
on the Olympic program. (A memo detailing this
spillover recommendation is attached Tab C).
A strict dollar (and value in the case of donated
equipment) limitation from any one source
should be imposed. Also strict prohibitions
concerning product endorsement or advertising
should be imposed.
The broad-based funding campaign should be
supplemented by using the offer from the Edna
McConnell Clark Foundation to advance funds for
6
the necessary start-up costs and to indemnify
the project in case of a funding shortfall. The
advance of funds and indemnification should run
to the National Park Foundation.
This procedure offers the advantages of immediate
implementation and broad-based public relations
appeal.
2. Design, Construction and Contract Administration:
It is recommended that responsibility for the
administration of necessary design, construction,
and contracting be vested with the National Park
Foundation. This would be accomplished by the
issuance of a construction permit to the NPF
from the National Park Service. The permit
from NPS would involve the necessary environmental
impact statement and Fine Arts Commission
clearance. The NPF would issue the actual
construction contract. Pursuant to NPF authorities,
design, construction, and contracting experts would
be made available to NPF from the Department of the
Interior. All construction activities would be
coordinated with the USSS. Initial funding and
indemnification would be furnished to the NPF
by the EMCF and funds necessary to cover the
costs would be funneled to the NPF from the fund
raising group as such funds are available.
Upon completion of the project, title to the pool
and related facilities would be transferred to NPS
by the NPF.
This procedure offers the advantages of immediate
implementation, lower costs, and avoidance of
government contracting restrictions while at the
same time utilizing available government expertise
and maintaining close government liaison.
Enclosures
CC: Honorable Philip W. Buchen
Honorable Jerry H. Jones
TAB A
TIONAL
VIMMING POOL
STITUTE
K STREET, N. W.
HINGTON, D. C. 20006
PHONE 202 331-8844
August 22, 1974
General Alexander M. Haig, Jr.
Chief of Staff
The White House
Washington, D. C. 20500
Dear General Haig:
This will serve as a Letter of Intent from the National
Swimming Pool Institute.
We would like to propose that a swimming pool be built
at The White House for the use of the President, his family,
and guests. It is our intention that our Institute might
serve to guide the overall project, supply the necessary
pool equipment, and spearhead a funding drive which will
assist in offsetting the costs of this project. We will
seek funds within our industry and among other groups who
share our interest in promoting physical fitness through
swimming.
With your approval, we will initiate this campaign which
will require a period of two months. In the meantime, we
will be. happy to consult with you during the preliminary
planning phase.
Respectfully yours,
Robert H. Steel, CAE
Executive Vice President
GERALD R. FORD LIBRABA
TAB B
August 28, 1974
MEMORANDUM FOR:
BILL CASSELMAN
FROM:
MIKE HARRIGAN
MTH
STEVE MEAD
Aken
SUBJECT:
Recommended Candidates for the "White
House Swimming Pool Committee"
Bill, after reviewing our own experience and our files, and
after discussing names with several people in the swimming
world without explaining the nature of the project, we submit
the following list of four very strong candidates and three
other. alternates. Almost all the candidates are known by each
SPANNUTH, John: Former head of the AAU Swimming
Committee; former President of American Swimming Coaches
Association and holder of positions in many swimming
organizations. Until recently Executive Director of
Joseph P. Kennedy Foundation which deals extensively
with sports programs. Has been contacted by National
Swimming Pool Institute to help develop a preliminary
plan of action for this project.
DeVARONA, Donna: Next to Billie Jean King, perhaps the
best known woman sports personality. Wide contacts in
the swimming world where she is well respected. A strong
supporter of the Administration position in amateur sports.
BOGARD, John: Chairman of the U. S. Olympic Committee
Swimming Committee. He is highly recommended by all
sources contacted.
TREADWAY, Ken: An executive with Phillips Petroleum and
heavily involved in that Company's many sports programs.
A major contributor to the successful development of the
sport of swimming over the years.
ALTERNATES
HIGGINS, John: Former Navy swimming coach and past
President of the International Swimming Hall of Fame.
BUSSARD, Ray: Aquatic Director at the University of
Tennessee and nationally active in giving swimming clinics
and workshops.
Memorandum for Bill Casselman
Page Two
August 28, 1974
DuPONT, John: Major contributor to several swimming
clubs and a strong supporter of amateur swimming in
general.
TAB C
FORD LIBRAR
August 28, 1974
MEMORANDUM FOR:
BILL CASSELMAN
MTH
FROM:
MIKE HARRIGAN
STEVE MEAD
skin
SUBJECT:
Usage of Spillover Funds on the Swimming
Pool Project
Bill, our recommendation on the distribution of any funds
remaining after the completion of the swimming pool project
would be to divide the funds equally among the twenty-seven
sports on the Olympic program. The money should be specifically
earmarked for use in athletic development programs prior to
and in support of our 1976 Olympic effort. This approach
would get broad visibility and tie together two publicly popular
efforts: amateur sports and the bicentennial activities.
The money should be granted directly to the body associated
with each sport which is internationally recognized to be the
United States representative for that sport. These sport
governing bodies are charged with the responsibility for the
development of each sport in the U.S. The sport governing
bodies for each of the Olympic sports are listed at the end
of this memo.
Care should be taken in distribution of funds to the AAU (who
acts as governing body for eight of the twenty-seven Olympic
sports) to assure that funds are expanded equally for each of
the sports it represents.
Under a policy of equal distribution among all Olympic sports,
the minor sports would receive a disproportionately large
benefit. These sports are, however, just the ones which most
desperately need additional funds with which to support our
1976 Olympic effort.
We tentatively reject the idea of distributing the funds directly
to the U.S. Olympic Committee for two reasons. First, the role
of the Olympic Committee is only to transport the athletes to
and from the Olympic games. This is a rather limited role.
Second, it is our informal understanding that the Olympic Com-
mittee foresees that it will have sufficient funds to fulfill
this role. We would be glad to further investigate the U.S.
Olympic Committee's need for funds if you desire.
As a final thought, Bill, some of this money might be used to
fund a President's Commission on Olympic Sports.
THE SPORTS ON THE OLYMPIC PROGRAM AND THEIR
GOVERNING BODIES, AUGUST, 1974
ARCHERY - National Archery Association
BASKETBALL - Amateur Basketball Association of the U.S.A.
BIATHLON and PENTATHLON - United States Modern Pentathlon and
Biathlon Association
BOBSLED - Amateur Athletic Union of the United States (AAU)
BOXING - Amateur Athletic Union of the United States (AAU)
CANOEING - American Canoe Association
CYCLING - Amateur Bicycle League of America
EQUESTRIAN - American Horse Shows Association
FENCING - Amateur Fencers League of America
FIELD HOCKEY - Field Hockey Association of America
GYMNASTICS - United States Gymnastics Federation
ICE HOCKEY - Amateur Hockey Association of the United States
JUDO - Amateur Athletic Union of the United States (AAU)
LUGE - Amateur Athletic Union of the United States (AAU)
ROWING - National Association of Amateur Oarsmen
SHOOTING - National Rifle Association
SKATING (FIGURE) - United States Figure Skating Association
SKATING (SPEED) - United States International Skating Association
SKIING - United States Ski Association
SOCCER FOOTBALL - United States Soccer Football Association
SWIMMING, DIVING AND WATER POLO - Amateur Athletic Union of the
United States (AAU)
TEAM HANDBALL - United States Team Handball Federation
TRACK AND FIELD - Amateur Athletic Union of the United States (AAU)
VOLLEYBALL - United States Volleyball Association
THE SPORTS ON THE OLYMPIC PROGRAM AND THEIR
GOVERNING BODIES, AUGUST, 1974
Continued
WEIGHTLIFTING - Amateur Athletic Union of the United States (AAU)
WRESTLING - Amateur Athletic Union of the United States (AAU)
YACHTING - North American Yacht Racing Union
FORD
LIDEL
Friday 8/30/74
11:55 Brenda had a call from Bob Steele (head of the
331-8844
National Swimming Pool Institute) saying Rex Scouten
had called and invited him to a 4 o'clock meeting this after.noon.
Casselman is out of town; Benton Becker feels he shouldn't
go; so they are sending Benton-Be-
Appar ently Mr. Steele is wondering if there is anything
he should know before going to the meeting.
Scouten is heading up the task force on design and construction.
Jerry Jones is coordinating the whole thing.
FORD is LIBRARY 070830