A-19605, SEPTEMBER 22, 1927, 7 COMP. GEN. 227

A-19605: Sep 22, 1927

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IS CHARGEABLE TO APPROPRIATIONS MADE IN PURSUANCE OF SAID ACT FOR THE ACQUISITION OF SITES AND THE CONSTRUCTION OF SUCH PUBLIC BUILDINGS AND NOT TO DISTRICT OF COLUMBIA APPROPRIATIONS FOR THE MAINTENANCE OR CONSTRUCTION OF WATER AND SEWER FACILITIES. ARE CHARGEABLE AGAINST THE APPROPRIATIONS FOR THE CONSTRUCTION OF SUCH BUILDINGS OR AGAINST APPROPRIATIONS FOR THE DISTRICT OF COLUMBIA. " IS IN PART AS FOLLOWS: * * * THAT ASIDE FROM LAND THAT MAY BE ACQUIRED FOR A SITE FOR A BUILDING FOR THE SUPREME COURT OF THE UNITED STATES. SUCH SITES OR ADDITIONS TO SITES AS THE SECRETARY OF THE TREASURY MAY DEEM NECESSARY TO PROVIDE SUCH SUITABLE OFFICE ACCOMMODATIONS IN THE DISTRICT OF COLUMBIA AS ARE HEREINBEFORE MENTIONED.

A-19605, SEPTEMBER 22, 1927, 7 COMP. GEN. 227

APPROPRIATIONS - DIVERSION OF EXISTING WATER SUPPLY AND SEWAGE FACILITIES - DISTRICT OF COLUMBIA THE COST OF RELOCATING WATER MAINS AND SEWERS OR OF OTHERWISE PROVIDING FOR THE DIVERSION OF EXISTING WATER SUPPLY AND SEWAGE FACILITIES, MADE NECESSARY BY THE CLOSING AND VACATING OF PUBLIC STREETS IN PREPARING SITES FOR THE CONSTRUCTION OF PUBLIC BUILDINGS IN THE DISTRICT OF COLUMBIA AS AUTHORIZED BY THE ACT OF MAY 25, 1926, 44 STAT. 630, IS CHARGEABLE TO APPROPRIATIONS MADE IN PURSUANCE OF SAID ACT FOR THE ACQUISITION OF SITES AND THE CONSTRUCTION OF SUCH PUBLIC BUILDINGS AND NOT TO DISTRICT OF COLUMBIA APPROPRIATIONS FOR THE MAINTENANCE OR CONSTRUCTION OF WATER AND SEWER FACILITIES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, SEPTEMBER 22, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 13, 1927, REQUESTING DECISION AS TO WHETHER EXPENSES INCURRED IN DIVERTING OR RELOCATING WATER MAINS AND SEWERS, NECESSITATED BY THE CLOSING AND VACATING OF PUBLIC STREETS IN THE DISTRICT OF COLUMBIA AS PARTS OF SITES FOR PUBLIC BUILDINGS AS AUTHORIZED BY THE ACT OF MAY 25, 1926, 44 STAT. 630, ARE CHARGEABLE AGAINST THE APPROPRIATIONS FOR THE CONSTRUCTION OF SUCH BUILDINGS OR AGAINST APPROPRIATIONS FOR THE DISTRICT OF COLUMBIA.

THE ACT OF MAY 25, 1926, 44 STAT. 630,"TO PROVIDE FOR THE CONSTRUCTION OF CERTAIN PUBLIC BUILDINGS, AND FOR OTHER PURPOSES," IS IN PART AS FOLLOWS:

* * * THAT ASIDE FROM LAND THAT MAY BE ACQUIRED FOR A SITE FOR A BUILDING FOR THE SUPREME COURT OF THE UNITED STATES, AND FOR ENLARGING THE SITE OF THE GOVERNMENT PRINTING OFFICE, OR ERECTING A STORAGE WAREHOUSE OR WAREHOUSES, THE SUM OF $50,000,000, HEREINAFTER AUTHORIZED FOR PROJECTS IN THE DISTRICT OF COLUMBIA, SHALL BE USED EXCLUSIVELY FOR THE PURPOSE OF ACQUIRING BY PURCHASE, CONDEMNATION, OR OTHERWISE, SOUTH OF PENNSYLVANIA AVENUE AND WEST OF MARYLAND AVENUE, PROJECTED IN A STRAIGHT LINE TO TWINING LAKE, SUCH SITES OR ADDITIONS TO SITES AS THE SECRETARY OF THE TREASURY MAY DEEM NECESSARY TO PROVIDE SUCH SUITABLE OFFICE ACCOMMODATIONS IN THE DISTRICT OF COLUMBIA AS ARE HEREINBEFORE MENTIONED, OF CONSTRUCTING ADEQUATE AND SUITABLE BUILDINGS FOR THE FURNISHING OF SUCH OFFICE ACCOMMODATIONS ON SAID SITES OR ADDITIONS TO SITES, OR ON SITES ALREADY OWNED BY THE GOVERNMENT SOUTH OF PENNSYLVANIA AVENUE AND WEST OF MARYLAND AVENUE, AS ABOVE MENTIONED, AND OF PROVIDING SUITABLE APPROACHES TO SAID BUILDINGS, AND BEAUTIFYING AND EMBELLISHING THEIR SURROUNDINGS AS NEARLY IN HARMONY WITH THE PLAN OF PETER CHARLES L-ENFANT AS MAY BE PRACTICABLE. SAID BUILDINGS SHALL BE SO CONSTRUCTED AS TO COMBINE HIGH STANDARDS OF ARCHITECTURAL BEAUTY AND PRACTICAL UTILITY: * * *.

THE ACT FURTHER PROVIDES:

IN ALL CASES WHERE THE CONSTRUCTION OF BUILDINGS IN THE DISTRICT OF COLUMBIA, UNDER THE PROVISIONS OF THIS ACT, REQUIRES THE UTILIZATION,IN THE OPINION OF THE SECRETARY OF THE TREASURY, OF CONTIGUOUS SQUARES AS SITES THEREOF, AUTHORITY IS HEREBY GIVEN FOR CLOSING AND VACATING SUCH PORTIONS OF STREETS AS LIE BETWEEN SUCH SQUARES AND SUCH ALLEYS AS INTERSECT SUCH SQUARES, AND THE PORTIONS OF SUCH STREETS AND ALLEYS SO CLOSED AND VACATED SHALL THEREUPON BECOME PARTS OF SUCH SITES.

APPROPRIATIONS TOWARD CARRYING OUT THESE PROVISIONS OF THE ACT OF MAY 25, 1926, ARE CONTAINED IN THE DEFICIENCY APPROPRIATION ACT OF JULY 3, 1926, 44 STAT. 841, 874.

YOU STATE THAT IN CONNECTION WITH THE CONSTRUCTION OF CERTAIN OF THE BUILDINGS APPROPRIATED FOR IT WILL BE NECESSARY TO CLOSE CERTAIN STREETS AND DIVERT PORTIONS OF THE MAIN SEWERS OF THE CITY, AND YOU REQUEST DECISION AS TO WHETHER THE COST OF DIVERTING SEWERS AND WATER MAINS WILL BE CHARGEABLE TO THE APPROPRIATIONS UNDER THE CONTROL OF THE SUPERVISING ARCHITECT'S OFFICE OR "TO THE DISTRICT OF COLUMBIA, UNDER WHOSE JURISDICTION THE SEWERS AND WATER MAINS REST.'

THE VACATING OF THE STREETS TO BE USED AS PARTS OF THE SITES INCLUDES THE REMOVAL OF EXISTING WATER MAINS AND SEWERS. OBVIOUSLY THESE CAN NOT BE REMOVED WITHOUT MAKING PROVISION FOR DIVERTING THE WATER AND SEWAGE. SUCH DIVERSION IS, THEREFORE, NECESSARILY INCIDENTAL TO THE VACATING OF THE STREETS AND, ACCORDINGLY, EXPENDITURES FOR SUCH PURPOSE EITHER IN CONNECTING THE MAINS AND SEWERS WITH OTHER EXISTING MAINS AND SEWERS, IF FEASIBLE, OR THE RELOCATING OF SUCH MAINS AND SEWERS IN OTHER STREETS, IF NECESSARY, ARE PROPERLY CHARGEABLE TO THE APPROPRIATIONS MADE FOR THE ACQUISITION OF SITES AND THE CONSTRUCTION OF BUILDINGS AS AUTHORIZED BY THE ACT OF MAY 25, 1926. THE QUESTION INVOLVED IS DIFFERENT FROM THAT CONSIDERED IN DECISION OF JANUARY 24, 1927, A-17034, HOLDING THAT THE APPROPRIATION UNDER THE ACT OF JULY 3, 1926, SUPRA, TOWARD THE CONSTRUCTION OF THE INTERNAL REVENUE BUILDING COULD NOT BE USED FOR REERECTING ON ANOTHER SITE THE MARKET SHEDS NECESSARY TO BE REMOVED FROM THE SITE OF THE PROPOSED BUILDING. THE REMOVAL OF THE MARKET SHEDS WAS NOT DEPENDENT ON THEIR REERECTION ELSEWHERE, AND IT FOLLOWED THAT THE COST OF SUCH REERECTION WAS NOT A NECESSARY INCIDENT TO THE CONSTRUCTION OF THE NEW BUILDING. HERE PROVISION MUST BE MADE FOR DIVERTING OR RELOCATING THE SEWERS AND WATER MAINS BEFORE THEY CAN BE REMOVED FROM THEIR PRESENT LOCATION, AND CONSEQUENTLY THE COST OF SUCH WORK IS DIRECTLY TRACEABLE TO AND IS A NECESSARY PART OF SUCH REMOVAL. THE DIVERSION OR RELOCATION OF THE SEWERS AND THE MAINS IS NOT REQUIRED BY THE DISTRICT OF COLUMBIA NOR WILL SUCH DIVERSION OR RELOCATION BE OF ANY APPARENT BENEFIT TO EXISTING SERVICE MAINTAINED UNDER DISTRICT OF COLUMBIA APPROPRIATIONS. ACCORDINGLY, THERE APPEARS NO BASIS FOR CHARGING THE COST OF WORK NECESSARY IN THE CONSTRUCTION OF FEDERAL BUILDINGS TO ANY DISTRICT OF COLUMBIA APPROPRIATIONS. THE FACTS INVOLVED IN THIS CASE CLEARLY DISTINGUISH IT FROM THE CASE INVOLVED IN DECISION OF APRIL 14, 1916, TO THE PRESIDENT OF THE BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, AND ALSO FROM DECISIONS HOLDING THAT THE COSTS OF SIDEWALK CONSTRUCTION, PLANTING OF TREES IN STREET PARKINGS, AND REPAIRING OF STREETS ADJACENT TO FEDERAL BUILDINGS ARE PAYABLE FROM SPECIFIC DISTRICT OF COLUMBIA APPROPRIATIONS FOR SUCH PURPOSES AND NOT FROM FEDERAL APPROPRIATIONS FOR REPAIRS AND IMPROVEMENTS TO SUCH BUILDINGS AND THEIR GROUNDS. SEE 15 COMP. DEC. 227; 16 ID. 168; AND MS. DECISION OF MAY 22, 1909, TO THE SECRETARY OF THE TREASURY.

THERE IS AN EXTENSIVE BUILDING WORK HERE INVOLVED FOR WHICH CONGRESS HAS PROVIDED APPROPRIATION AS AN OPERATION OF THE FEDERAL GOVERNMENT. IT IS TO BE DISTINGUISHED FROM THE NORMAL WORK FOR PERFORMANCE BY THE DISTRICT OF COLUMBIA IN ITS CONNECTION WITH SEWERS, WATER MAINS, ETC., FOR WHICH ANNUAL APPROPRIATIONS ARE PROVIDED.