no views. The question raised by the Administrator of FAA is whether the improvements would cause this park to revert to the Federal Government. That question does not turn on whether the State has authorized one public body or another to carry out particular functions pertaining to this park but upon the nature and purpose of the proposed airport facility in relation to this park, as discussed above. In view of all the foregoing it is my opinion that the contemplated improvement of the existing airport in the Mackinac Island State Park would not violate the terms of the conveyance of the park to the State of Michigan or affect the interest of the State therein. Respectfully, ROBERT F. KENNEDY. AUTHORITY OVER VOLUNTARY DISCLOSURE OF RECORDS PERTAINING TO OFFICE OF THE COMPTROLLER OF THE CURRENCY Under 5 U.S.C. 22 (August 12, 1958, 72 Stat. 547) the Secretary of the Treasury, as head of the Department of the Treasury, has control over the voluntary disclosure of the records of the Office of the Comptroller of the Currency. THE SECRETARY OF THE TREASURY. NOVEMBER 5, 1964. MY DEAR MR. SECRETARY: This is in reply to your request for an opinion on the legal question whether the Secretary of the Treasury or the Comptroller of the Currency has superior authority over the voluntary disclosure of records pertaining to the business of the Office of the Comptroller. In my judgment, both well-established precedents and a consideration of the principles involved compel the conclusion that you, as head of the Department of the Treasury, have control over the voluntary disclosure of the records of the Office of the Comptroller, and that this is true regardless of the degree of control that you may lawfully exercise over the substantive business of that Office. The proposition that control over departmental records is centralized in the department head has been settled for over half a century. The statutory foundation is 5 U.S.C. 22 (R.S. 161, as amended). That section reads: "The head of each department is authorized to prescribe regulations, not inconsistent with law, for the government of his department, the conduct of its officers and clerks, the distribution and performance of its business, and the custody, use, and preservation of the records, papers, and propcrty appertaining to it. This section does not authorize withholding information from the public or limiting the availability of records to the public." [Italics added.] Boske v. Comingore, 177 U.S. 459 (1900), authoritatively established that the powers granted each department head 244-574 O - 78 - 20 |