A-69013, MARCH 6, 1936, 15 COMP. GEN. 761

A-69013: Mar 6, 1936

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IS AVAILABLE. WHERE THE LEASES PROVIDE THAT THE SHELTERS ARE TO REMAIN THE PROPERTY OF THE GOVERNMENT. THERE IS RESERVED TO THE GOVERNMENT THE RIGHT OF THEIR REMOVAL. THESE CAMPS ARE LOCATED IN THE WOODS. ARE GENERALLY MORE ACCESSIBLE FROM POINTS IN CANADA THAN FROM SETTLEMENTS IN THE STATE OF MAINE. SUCH PERIODICAL INSPECTIONS INVOLVE UNUSUAL HARDSHIPS TO THE MEN AND HAVE NOT PROVEN ENTIRELY SATISFACTORY FOR THE REASON THAT IT IS DIFFICULT FOR A NUMBER OF OFFICERS TO REACH A CAMP WITHOUT THEIR APPROACH BECOMING KNOWN. IT IS PROPOSED TO ESTABLISH TEMPORARY CAMPS FOR IMMIGRATION OFFICERS NEAR THE SCENE OF THE MAJOR WOODS OPERATIONS. ONLY DURING THE LUMBER SEASON AND WOULD BE MOVED FROM TIME TO TIME AS THE LUMBER CAMPS ARE CHANGED.

A-69013, MARCH 6, 1936, 15 COMP. GEN. 761

LEASES - LAND FOR ERECTION OF TEMPORARY SHELTERS - IMMIGRATION AND NATURALIZATION SERVICE THE APPROPRIATION FOR THE IMMIGRATION AND NATURALIZATION SERVICE FOR THE FISCAL YEAR 1936, 49 STAT. 102, IS AVAILABLE, SUBJECT TO THE LIMITATIONS OF THE ACT OF JUNE 26, 1930, 46 STAT. 817, FOR THE LEASING OF LAND AND ERECTING THEREON OF TEMPORARY SHELTERS IN PLACES REMOTE FROM OTHER HABITATIONS FOR USE BY PATROL INSPECTORS OF SAID SERVICE IN PREVENTING ILLEGAL ENTRY OF ALIENS INTO THE UNITED STATES, WHERE THE LEASES PROVIDE THAT THE SHELTERS ARE TO REMAIN THE PROPERTY OF THE GOVERNMENT, AND THERE IS RESERVED TO THE GOVERNMENT THE RIGHT OF THEIR REMOVAL.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF LABOR, MARCH 6, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 12, 1935, AS FOLLOWS:

DURING THE LOGGING SEASON IN THE MAINE WOODS LARGE NUMBERS OF CANADIAN WOODSMEN ATTEMPT ILLEGAL ENTRY INTO THE UNITED STATES FOR THE PURPOSE OF SEEKING EMPLOYMENT IN LUMBER CAMPS. THESE CAMPS ARE LOCATED IN THE WOODS, REMOTE FROM OTHER HABITATIONS, AND ARE GENERALLY MORE ACCESSIBLE FROM POINTS IN CANADA THAN FROM SETTLEMENTS IN THE STATE OF MAINE. IN ORDER TO PREVENT THE ENTRY OF ALIEN WOODSMEN FROM CANADA INTO THESE CAMPS, INSPECTORS PATROL THE AREA BETWEEN THE CAMPS AND THE BORDER AND MAKE FREQUENT VISITS TO THE CAMPS THEMSELVES FOR THE PURPOSE OF DETERMINING THE STATUS UNDER THE IMMIGRATION LAWS OF WOODSMEN EMPLOYED THEREIN.

IN THE PAST THE IMMIGRATION AND NATURALIZATION SERVICE HAS ATTEMPTED TO CONTROL THE IMMIGRATION PROBLEM ARISING OUT OF THE OPERATIONS IN THE WOODS BY PERIODICALLY DETAILING TO THIS WORK OFFICERS FROM REGULAR IMMIGRATION STATIONS. OWING TO THE REMOTENESS OF THE LUMBER CAMPS, LACK OF ROADS, AND HEAVY SNOWS, THIS PROCEDURE REQUIRES TRAVEL ON FOOT OVER MUDDY TRAILS, OR ON SNOWSHOES, FOR LONG DISTANCES--- SOMETIMES UPWARDS OF FIFTY MILES--- AND CAMPING OUT OVER NIGHT. SUCH PERIODICAL INSPECTIONS INVOLVE UNUSUAL HARDSHIPS TO THE MEN AND HAVE NOT PROVEN ENTIRELY SATISFACTORY FOR THE REASON THAT IT IS DIFFICULT FOR A NUMBER OF OFFICERS TO REACH A CAMP WITHOUT THEIR APPROACH BECOMING KNOWN, THUS ENABLING ALIENS WHO DESIRE TO AVOID INSPECTION TO DEPART BEFORE THE OFFICERS ARRIVE.

TO FACILITATE THE INSPECTION OF THESE CAMPS AND INSURE A BETTER CONTROL OF THE MOVEMENT OF ALIENS INTO THE WOODS, IT IS PROPOSED TO ESTABLISH TEMPORARY CAMPS FOR IMMIGRATION OFFICERS NEAR THE SCENE OF THE MAJOR WOODS OPERATIONS. THESE CAMPS WOULD NOT BE OCCUPIED CONTINUOUSLY, BUT ONLY DURING THE LUMBER SEASON AND WOULD BE MOVED FROM TIME TO TIME AS THE LUMBER CAMPS ARE CHANGED. SUITABLE CAMP SITES CAN BE LEASED FOR A NOMINAL SUM OF $1.00 PER YEAR, BUT IT WILL BE NECESSARY FOR THE IMMIGRATION AND NATURALIZATION SERVICE TO ERECT SHELTERS ON THE LEASED LAND. IT IS ESTIMATED THAT THE COST OF THE MATERIALS WILL AVERAGE APPROXIMATELY $125.00 PER CAMP, AND THE NECESSARY LABOR INVOLVED IN ERECTING THE SHELTERS CAN BE PERFORMED BY EMPLOYEES.

YOUR DECISION IS REQUESTED AS TO WHETHER THE IMMIGRATION AND NATURALIZATION SERVICE IS AUTHORIZED TO ENTER INTO A LEASE FOR LAND AND ERECT THEREON SUITABLE SHELTERS OF A TEMPORARY NATURE TO BE USED FOR THE PURPOSE INDICATED, WITH THE UNDERSTANDING THAT A CLAUSE WILL BE INSERTED IN THE LEASE TO THE EFFECT THAT ANY STRUCTURES WHICH MAY BE ERECTED WILL REMAIN THE PROPERTY OF THE GOVERNMENT AND SHALL BE SUBJECT TO REMOVAL BY THE GOVERNMENT AT THE EXPIRATION OF THE LEASE.

IN THIS CONNECTION ATTENTION IS INVITED TO THE ACT OF JUNE 26, 1930 (U.S.C., TITLE 19, SEC. 68), WHICH AUTHORIZES THE EXPENDITURE OF NOT TO EXCEED $3,000 FOR ANY ONE PROJECT FROM THE APPROPRIATION "SALARIES AND EXPENSES, IMMIGRATION AND NATURALIZATION SERVICE" FOR THE ACQUISITION OF LAND AND THE ERECTION OF BUILDINGS, SHEDS, AND OFFICE QUARTERS, INCLUDING LIVING QUARTERS FOR OFFICERS WHERE NONE ARE OTHERWISE AVAILABLE.

THE ACT OF JUNE 26, 1930, 46 STAT. 817 (19 U.S.C. 68), REFERRED TO IN YOUR LETTER, PROVIDES:

THAT TO PROVIDE BETTER FACILITIES FOR THE ENFORCEMENT OF THE CUSTOMS AND IMMIGRATION LAWS ALONG THE CANADIAN AND MEXICAN BORDERS AT POINTS WHERE NO FEDERAL BUILDINGS ARE AVAILABLE OR BUILDINGS ADAPTED OR SUITABLY LOCATED FOR THE PURPOSE ARE AVAILABLE FOR RENTAL, THE SECRETARY OF THE TREASURY AND THE SECRETARY OF LABOR ARE HEREBY AUTHORIZED TO EXPEND FROM THE FUNDS APPROPRIATED FOR THE GENERAL MAINTENANCE AND OPERATION OF THE CUSTOMS AND IMMIGRATION SERVICES, RESPECTIVELY, THE NECESSARY AMOUNTS FOR THE ACQUISITION OF LAND AND THE ERECTION OF BUILDINGS, SHEDS, AND OFFICE QUARTERS, INCLUDING LIVING QUARTERS FOR OFFICERS WHERE NONE ARE OTHERWISE AVAILABLE: PROVIDED, THAT THE TOTAL AMOUNT WHICH MAY BE EXPENDED FOR ANY ONE PROJECT, FOR THE USE OF ONE DEPARTMENT, INCLUDING THE COST OF THE SITE, SHALL NOT EXCEED $3,000, AND THAT WHERE QUARTERS ARE ERECTED OR FACILITIES PROVIDED FOR THE JOINT USE OF THE CUSTOMS AND IMMIGRATION SERVICES THE COMBINED COST CHARGED TO THE TWO APPROPRIATIONS CONCERNED SHALL NOT EXCEED $6,000 FOR ANY ONE PROJECT, INCLUDING THE SITE.

WHILE IT IS A WELL ESTABLISHED RULE THAT APPROPRIATED FUNDS MAY NOT BE USED FOR THE PERMANENT IMPROVEMENT OF PRIVATE PROPERTY BY AN AGENCY OF THE UNITED STATES, IT APPEARS FROM YOUR LETTER THAT THE SHELTERS WHICH YOU PROPOSE TO ERECT ARE NOT OF A PERMANENT NATURE BUT WOULD BE OF A TEMPORARY CHARACTER, AND THAT IN THE EVENT OF THE LEASING OF LAND AND THEIR ERECTION THEREON, IT WOULD BE PROVIDED IN THE LEASE THAT THEY REMAIN THE PROPERTY OF THE GOVERNMENT WITH THE RIGHT RESERVED TO THE GOVERNMENT TO REMOVE THEM AT THE EXPIRATION OF THE LEASE.

IN VIEW OF THE FACTS STATED IN YOUR LETTER AND THE PROVISIONS OF THE ACT OF JUNE 26, 1930, SUPRA, AND OF THE PROVISIONS OF THE APPROPRIATION ACT FOR THE IMMIGRATION AND NATURALIZATION SERVICE FOR THE FISCAL YEAR ENDING JUNE 30, 1936, ACT OF MARCH 22, 1935, 49 STAT. 102, WHICH PROVIDES "FOR ENFORCEMENT OF THE LAWS REGULATING THE IMMIGRATION TO, THE RESIDENCE IN, AND THE EXCLUSION AND DEPORTATION FROM THE UNITED STATES OF ALIENS * * *," NO OBJECTION WILL BE MADE BY THIS OFFICE TO THE LEASING OF LAND AND THE ERECTION THEREON OF TEMPORARY SHELTERS OF THE CHARACTER AND FOR THE USES INDICATED BY YOU, UNDER THE APPROPRIATION MENTIONED, UPON THE TERMS AND CONDITIONS SET FORTH IN YOUR LETTER, AND SUBJECT TO THE LIMITATIONS OF SAID ACT OF JUNE 26, 1930.