A-4483, AUGUST 25, 1924, 4 COMP. GEN. 206

A-4483: Aug 25, 1924

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EVEN THOUGH THE PETITION IN CONDEMNATION WAS NOT FILED BY THE ATTORNEY GENERAL UNTIL JULY 26. THE AWARDS MADE BY VIRTUE OF THE CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF CERTAIN LAND FOR THE NAVY DEPARTMENT ARE PAYABLE FROM THE "NAVAL SUPPLY ACCOUNT FUND" BY DIRECT SETTLEMENTS BY THE GENERAL ACCOUNTING OFFICE. 1924: I HAVE YOUR LETTER OF AUGUST 2. THE MATTERS SUBMITTED FOR DECISION ARE AS FOLLOWS: (A) WAS THE ORIGINAL APPROPRIATION OBLIGATED BY THE REQUEST MADE UPON THE ATTORNEY GENERAL TO INSTITUTE CONDEMNATION PROCEEDINGS. IRRESPECTIVE OF THE FACT THAT THE PETITION WAS NOT FILED UNTIL AFTER THE EXPIRATION OF THE FISCAL YEAR DURING WHICH THE APPROPRIATION WAS AVAILABLE FOR PURPOSES OF OBLIGATION?

A-4483, AUGUST 25, 1924, 4 COMP. GEN. 206

APPROPRIATIONS - AVAILABILITY FOR PAYMENT OF AWARDS FOR LAND ACQUIRED BY CONDEMNATION PROCEEDINGS THE REQUEST OF THE SECRETARY OF THE NAVY OF NOVEMBER 29, 1919, UPON THE ATTORNEY GENERAL OF THE UNITED STATES, TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE CERTAIN LAND, OBLIGATED THE THEN CURRENT APPROPRIATION AVAILABLE FOR THE ACQUISITION OF THE LAND, TO WIT,"ENGINEERING, BUREAU OF STEAM ENGINEERING, 1920," ACT OF JULY 11, 1919, 41 STAT. 149, EVEN THOUGH THE PETITION IN CONDEMNATION WAS NOT FILED BY THE ATTORNEY GENERAL UNTIL JULY 26, 1920. PURSUANT TO THE TERMS OF THE ACT OF MARCH 1, 1921, 41 STAT. 1169, THE AWARDS MADE BY VIRTUE OF THE CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF CERTAIN LAND FOR THE NAVY DEPARTMENT ARE PAYABLE FROM THE "NAVAL SUPPLY ACCOUNT FUND" BY DIRECT SETTLEMENTS BY THE GENERAL ACCOUNTING OFFICE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, AUGUST 25, 1924:

I HAVE YOUR LETTER OF AUGUST 2, 1924, REQUESTING DECISION AS TO THE AVAILABILITY OF THE APPROPRIATION FOR "ENGINEERING, BUREAU OF STEAM ENGINEERING, 1920," ACT OF JULY 11, 1919, 41 STAT. 149, FOR THE PAYMENT OF COURT AWARDS PURSUANT TO CONDEMNATION PROCEEDINGS INSTITUTED TO ACQUIRE TITLE TO 24 1/2 ACRES, MORE OR LESS, OF LAND LOCATED AT HEEIA, ON THE ISLAND OF OAHU, HAWAII, NECESSARY FOR A RADIO SHORE STATION, THE ACTING SECRETARY OF THE NAVY, BY HIS LETTER OF NOVEMBER 29, 1919, REQUESTING OF THE ATTORNEY GENERAL OF THE UNITED STATES "THAT PROPER ACTION BE TAKEN TOWARD INSTITUTING CONDEMNATION PROCEEDINGS FOR THE VESTING OF TITLE IN THE UNITED STATES," AND PETITION IN CONDEMNATION PURSUANT TO SUCH REQUEST BEING FILED, BUT NOT UNTIL JULY 26, 1920.

SPECIFICALLY, THE MATTERS SUBMITTED FOR DECISION ARE AS FOLLOWS:

(A) WAS THE ORIGINAL APPROPRIATION OBLIGATED BY THE REQUEST MADE UPON THE ATTORNEY GENERAL TO INSTITUTE CONDEMNATION PROCEEDINGS, IRRESPECTIVE OF THE FACT THAT THE PETITION WAS NOT FILED UNTIL AFTER THE EXPIRATION OF THE FISCAL YEAR DURING WHICH THE APPROPRIATION WAS AVAILABLE FOR PURPOSES OF OBLIGATION?

(B) IN THE EVENT THE APPROPRIATION WAS OBLIGATED ARE THERE ANY FUNDS NOW AVAILABLE UNDER THE COGNIZANCE OF THIS DEPARTMENT THAT MAY BE USED TO DEFRAY THE AWARDS OR THE COURT IN THE CONDEMNATION PROCEEDINGS? IF SO, WHAT APPROPRIATION MAY BE USED FOR THE PURPOSE?

THE APPROPRIATION FOR "ENGINEERING, BUREAU OF STEAM ENGINEERING, 1920," CITED, SUPRA, PROVIDES:

FOR * * * THE PURCHASE OF LAND AS NECESSARY FOR SITES FOR RADIO SHORE STATIONS; * * * PROVIDED FURTHER, THAT THE SUM TO BE PAID OUT OF THIS APPROPRIATION FOR THE PURCHASE OF LAND FOR A SITE FOR A RADIO SHORE STATION AT OTTER CLIFFS, MAINE, SHALL NOT EXCEED $32,500: PROVIDED FURTHER, THAT NO PART OF THIS APPROPRIATION SHALL BE EXPENDED FOR THE ACQUISITION OF RADIO STATIONS IN WHOLE OR IN PART USED FOR THE TRANSMISSION OR RECEPTION OF COMMERCIAL MESSAGES; IN ALL, ENGINEERING, $30,000,000.

THE ACT OF MARCH 1, 1921, 41 STAT. 1169, PROVIDES:

THAT DEFICIENCIES UNDER APPROPRIATIONS FOR THE NAVAL ESTABLISHMENT FOR THE FISCAL YEAR 1920 AND PRIOR YEARS SHALL BE CHARGED TO A NAVAL SUPPLY ACCOUNT FUND, WHICH IS HEREBY ESTABLISHED AND TO WHICH SHALL BE TRANSFERRED THE UNEXPENDED BALANCES OF ANNUAL APPROPRIATIONS FOR THE NAVAL ESTABLISHMENT FOR THE FISCAL YEARS 1919 AND 1920, AFTER TWO YEARS FROM THE EXPIRATION OF THE FISCAL YEAR FOR WHICH MADE, AND, OUT OF ANY FUNDS IN THE TREASURY NOT OTHERWISE APPROPRIATED, AN AMOUNT EQUAL TO THE VALUE OF ALL STORES IN THE NAVAL SUPPLY ACCOUNT ON MARCH 31, 1921, PRELIMINARY ADJUSTMENTS ON ACCOUNT OF STORES TO BE MADE UPON THE CERTIFICATE OF THE SECRETARY OF THE NAVY THAT STORES TO THE VALUE CERTIFIED ARE ON HAND; AND FROM AND AFTER SAID DATE THE NAVAL SUPPLY ACCOUNT FUND SHALL BE CHARGED WITH THE COST OF ALL STORES PROCURED FOR AND CREDITED WITH THE VALUE OF ALL ISSUES OR SALES MADE FROM THE NAVAL SUPPLY ACCOUNT, NECESSARY ADJUSTMENTS BEING MADE ON ACCOUNT OF OUTSTANDING CONTRACTS OR ORDERS.

IN A SIMILAR CASE, DECISION OF OCTOBER 5, 1921, IT WAS SAID:

THE APPROPRIATION WAS LIMITED TO THE FISCAL YEAR 1921 AND THE QUESTION IS WHETHER AN OBLIGATION WAS CREDITED AGAINST IT WITHIN THAT FISCAL YEAR.

THE APPROPRIATION COULD BE OBLIGATED ONLY BY THE ACTION OF THE DEPARTMENT TO WHICH IT WAS MADE. THIS ACTION WAS TAKEN WELL WITHIN THE FISCAL YEAR BY THE REQUEST UPON THE ATTORNEY GENERAL TO BEGIN THE CONDEMNATION PROCEEDINGS AND BY THE ALLOTMENT OF THE FUNDS. IT WAS THE EQUIVALENT OF AN ORDER ISSUED FOR A PURCHASE THE DELIVERY OF WHICH IS DELAYED, BUT WHICH ORDER NEVERTHELESS IS CHARGEABLE TO THE FISCAL YEAR IN WHICH ISSUED.

IN THE INSTANT CASE THERE WAS NO ALLOTMENT OF FUNDS TO MEET THE COST OF THE ACQUISITION, IT BEING SUBMITTED THAT "NO ALLOTMENT OF FUNDS WAS MADE, AS IT WAS NOT KNOWN JUST WHAT AMOUNT WOULD BE AWARDED BY THE JURY AND THERE WAS NO LIMITATION IMPOSED BY CONGRESS UPON THE AMOUNT THAT MIGHT BE EXPENDED FOR THE ACQUISITION OF THIS PARTICULAR SITE," BUT THE APPROPRIATION FOR "ENGINEERING, BUREAU OF STEAM ENGINEERING, 920," WAS OBLIGATED BY THE ACTION OF THE DEPARTMENT TO WHICH IT WAS MADE BY ITS REQUEST OF THE ATTORNEY GENERAL TO BEGIN THE CONDEMNATION PROCEEDINGS, AND THE FAILURE TO MAKE AN ALLOTMENT FOR THE EXPENSE OF THE ACQUISITION OF THE LAND IN QUESTION DOES NOT ALTER THE SITUATION. 21 COMP. DEC. 870.

IN SPECIFIC ANSWER TO THE QUESTIONS SUBMITTED, YOU ARE ADVISED AS TO (A) THAT THE APPROPRIATION FOR "ENGINEERING, BUREAU OF STEAM ENGINEERING, 1920," WAS OBLIGATED BY THE REQUEST UPON THE ATTORNEY GENERAL TO INSTITUTE CONDEMNATION PROCEEDINGS, IRRESPECTIVE OF THE FACT THAT THE PETITION IN CONDEMNATION WAS NOT FILED BY THE ATTORNEY GENERAL UNTIL AFTER THE EXPIRATION OF THE FISCAL YEAR DURING WHICH THE APPROPRIATION WAS AVAILABLE FOR OBLIGATION, AND, AS TO (B), THAT THE FUND NOW AVAILABLE TO DEFRAY THE AWARDS OF THE COURT IN THE CONDEMNATION PROCEEDINGS IS THE ,NAVAL SUPPLY ACCOUNT FUND," ACT OF MARCH 1, 1921, 41 STAT. 1169, SUCH PAYMENTS, HOWEVER, TO BE MADE BY DIRECT SETTLEMENTS BY THIS OFFICE.

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