A-43915, AUGUST 17, 1932, 12 COMP. GEN. 258

A-43915: Aug 17, 1932

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ECONOMY ACT - ALASKA ROAD FUNDS EMPLOYEES ENGAGED UPON ALASKA ROAD WORK FOR WHICH APPROPRIATIONS ARE MADE BY CONGRESS ARE PAID FROM THE FEDERAL TREASURY AND THE FACT THAT CONTRIBUTIONS IN AID OF SUCH WORK ARE AUTHORIZED TO BE RECEIVED FROM OTHER SOURCES DOES NOT EXEMPT SUCH EMPLOYEES NOR THE APPROPRIATIONS FROM THE PROVISIONS OF THE ECONOMY ACT. WHILE IT SEEMS CLEAR THAT ALL OTHER PROVISIONS OF PART II OF THE ACT OF JUNE 30TH ARE APPLICABLE TO EXPENDITURES FROM FUNDS DERIVED UNDER THE ALASKA FUND ACT. I DO NOT BELIEVE IT WAS THE INTENT OF CONGRESS TO REMOVE FROM THE ALASKA FUND THESE SAVINGS AND TO CARRY THEM INTO THE GENERAL FUND OF THE TREASURY. THESE CONTRIBUTIONS ARE COVERED INTO THE TREASURY UNDER APPROPRIATION TITLE .

A-43915, AUGUST 17, 1932, 12 COMP. GEN. 258

ECONOMY ACT - ALASKA ROAD FUNDS EMPLOYEES ENGAGED UPON ALASKA ROAD WORK FOR WHICH APPROPRIATIONS ARE MADE BY CONGRESS ARE PAID FROM THE FEDERAL TREASURY AND THE FACT THAT CONTRIBUTIONS IN AID OF SUCH WORK ARE AUTHORIZED TO BE RECEIVED FROM OTHER SOURCES DOES NOT EXEMPT SUCH EMPLOYEES NOR THE APPROPRIATIONS FROM THE PROVISIONS OF THE ECONOMY ACT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, AUGUST 17, 1932:

THERE HAS BEEN RECEIVED YOUR REQUEST OF AUGUST 9, 1932, FOR DECISION OF QUESTIONS PRESENTED IN THE FOLLOWING LETTER FROM THE GOVERNOR OF ALASKA:

ACT OF CONGRESS APPROVED MAY 14, 1906 (34 STAT. 192), PROVIDING FUNDS FOR ROAD CONSTRUCTION IN ALASKA AND FOR OTHER SPECIFIED PURPOSES, PROVIDES: "THAT ALL MONEYS DERIVED FROM * * * SHALL BE DEPOSITED IN THE TREASURY DEPARTMENT OF THE UNITED STATES, THERE TO REMAIN AS A SEPARATE AND DISTINCT FUND, TO BE KNOWN AS THE "ALASKA FUND," AND TO BE WHOLLY DEVOTED TO THE PURPOSES HEREINAFTER STATED * * *"

SECTION 110 OF ACT APPROVED JUNE 30, 1932 (PUBLIC NO. 212, 72D CONG.), PROVIDING FOR CERTAIN SAVINGS TO BE EFFECTED FROM APPROPRIATIONS FOR THE FISCAL YEAR 1933, PROVIDES: "THE APPROPRIATIONS OR PORTIONS OF APPROPRIATIONS UNEXPENDED BY REASON OF THE OPERATION OF THIS TITLE SHALL NOT BE USED FOR ANY PURPOSE, BUT SHALL BE IMPOUNDED AND RETURNED TO THE TREASURY.'

WHILE IT SEEMS CLEAR THAT ALL OTHER PROVISIONS OF PART II OF THE ACT OF JUNE 30TH ARE APPLICABLE TO EXPENDITURES FROM FUNDS DERIVED UNDER THE ALASKA FUND ACT, I DO NOT BELIEVE IT WAS THE INTENT OF CONGRESS TO REMOVE FROM THE ALASKA FUND THESE SAVINGS AND TO CARRY THEM INTO THE GENERAL FUND OF THE TREASURY. CLEARLY THIS WOULD RESULT IN A SPECIAL TAXATION AGAINST THE PEOPLE OF ALASKA FOR THE GENERAL FUND OF THE TREASURY.

ALSO, THE APPROPRIATION ACT FOR THE WAR DEPARTMENT, JUNE 30, 1921 (42 STAT., PAGE 90), AUTHORIZES THE SECRETARY OF WAR (CONFERRED UPON THE SECRETARY OF THE INTERIOR BY PUBLIC NO. 218, 72D CONG.) TO RECEIVE CONTRIBUTIONS FROM THE TERRITORY OF ALASKA AND OTHER VARIOUS SOURCES FOR ROAD WORK IN ALASKA. THESE CONTRIBUTIONS ARE COVERED INTO THE TREASURY UNDER APPROPRIATION TITLE ,FUNDS CONTRIBUTED FOR IMPROVEMENT OF ROADS, BRIDGES AND TRAILS, ALASKA.' THEY OCCUPY A VERY SIMILAR STATUS TO THOSE OF THE ALASKA FUND AND CAN REALLY BE CONSIDERED IN THE SAME CATEGORY.

IT IS PROPOSED DURING THE FISCAL YEAR 1933 TO EFFECT ALL NECESSARY SAVINGS CONTEMPLATED BY THE ACT OF JUNE 30, 1932 (PUBLIC RESOLUTION NO. 212, 72D CONG.), IN THE EXPENDITURE OF FUNDS FROM THE TWO APPROPRIATIONS REFERRED TO, BUT TO RETRANSFER THE SAVINGS INTO THESE APPROPRIATIONS FOR EXPENDITURE IN SUBSEQUENT FISCAL YEARS. WILL YOU PLEASE REQUEST OF THE COMPTROLLER GENERAL A DECISION ON THE POINTS ABOVE RAISED?

THAT PORTION OF THE SUBMISSION WITH RESPECT TO THE ALASKA FUND WAS ANSWERED BY DECISION TO YOU OF AUGUST 15, 1932, A-43791, 12 COMP. GEN. 243.

WITH RESPECT TO THE ALASKA ROAD FUND, HOWEVER, A DIFFERENT SITUATION EXISTS. THE ACT OF JUNE 30, 1921, 42 STAT. 90, CONTAINED THE FOLLOWING APPROPRIATIONS AND AUTHORIZATION:

FOR THE CONSTRUCTION, REPAIR, AND MAINTENANCE OF MILITARY AND POST ROADS, BRIDGES, AND TRAILS, TERRITORY OF ALASKA, TO BE IMMEDIATELY AVAILABLE, $425,000: PROVIDED, THAT THE SECRETARY OF WAR IS HEREBY AUTHORIZED TO RECEIVE FROM THE TERRITORY OF ALASKA, OR OTHER SOURCE, SUCH FUNDS AS MAY BE CONTRIBUTED BY THEM TO BE EXPENDED IN CONNECTION WITH FUNDS APPROPRIATED BY THE UNITED STATES FOR ANY AUTHORIZED WORK OF CONSTRUCTION, REPAIR AND MAINTENANCE OF ROADS, BRIDGES, FERRIES, TRAILS, AND RELATED WORKS IN THE TERRITORY OF ALASKA, AND TO CAUSE SUCH FUNDS TO BE DEPOSITED TO THE CREDIT OF THE TREASURER OF THE UNITED STATES, AND TO EXPEND THE SAME IN ACCORDANCE WITH THE PURPOSE FOR WHICH THEY WERE CONTRIBUTED: PROVIDED FURTHER, THAT NOT TO EXCEED $10,000 OF THE FOREGOING AMOUNT SHALL BE EXPENDED FOR A PRELIMINARY INVESTIGATION AND REPORT ON THE FEASIBILITY, DESIRABILITY, AND COST OF THE BEST AND MOST PRACTICABLE CONNECTION BETWEEN THE NOME-SHELTON SYSTEM OF COMMUNICATIONS AND THE COAL DEPOSITS OF THE KUGRUK RIVER, CHICAGO CREEK, AND KEEWALIK MINING DISTRICT, WHETHER BY WAGON ROAD, SLED ROAD, TRAMWAY, TRAIL, OR OTHER MEANS.

AN APPROPRIATION OF $494,310 FOR CONSTRUCTION, REPAIR AND MAINTENANCE OF ROADS, ETC., TO BE EXPENDED BY THE BOARD OF ROAD COMMISSIONERS WAS INCLUDED IN THE WAR DEPARTMENT APPROPRIATION ACT OF JULY 14, 1932,47 STAT. 692, WHICH APPROPRIATION, TOGETHER WITH THE JURISDICTION OVER THAT WORK, WAS TRANSFERRED TO THE SECRETARY OF THE INTERIOR BY THE ACT OF JUNE 30, 1932, 47 STAT. 446.

ACCORDINGLY, IT WOULD APPEAR THAT EMPLOYEES ENGAGED UPON ALASKA ROAD WORK FOR WHICH APPROPRIATIONS ARE MADE BY THE CONGRESS ARE IN FACT PAID FROM THE FEDERAL TREASURY, AND THE FACT THAT CONTRIBUTIONS IN AID OF SUCH WORK ARE AUTHORIZED TO BE RECEIVED FROM OUTSIDE SOURCES DOES NOT EXEMPT SUCH EMPLOYEES, NOR THE APPROPRIATION, FROM THE PROVISIONS OF THE ECONOMY ACT, AND ALL REDUCTIONS IN COMPENSATION REQUIRED TO BE IMPOUNDED BY THAT ACT MUST BE DEPOSITED IN THE GENERAL FUND OF THE TREASURY AND MAY NOT BE RETURNED TO THE APPROPRIATION.