B-107705, MAR 7, 1952

B-107705: Mar 7, 1952

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PRECIS-UNAVAILABLE THE SECRETARY OF DEFENSE: REFERENCE IS MADE TO LETTER OF JANUARY 21. ARE AUTHORIZED TO ACQUIRE LANDS AND RIGHTS PERTAINING THERETO. THE SECRETARY OF THE AIR FORCE ARE RESPECTIVELY AUTHORIZED. SHALL HAVE BEEN SUBMITTED TO THE SECRETARY OF THE MILITARY DEPARTMENT CONCERNED WITHIN ONE YEAR FOLLOWING THE DATE OF SUCH VACATING. ***" THE PROPOSED PROCEDURES ARE SET FORTH IN YOUR LETTER. THE MILITARY DEPARTMENT WILL MAKE AN INVESTIGATION AND WILL ASSEMBLE AND HOLD IN ITS FILES A COMPLETE RECORD OF ALL INFORMATION AND ALL NECESSARY DOCUMENTARY EVIDENCE PERTAINING TO THE APPLICATION. ALL SUCH APPLICATIONS FILED WITH THE ARMY AND THE AIR FORCE WILL BE ADMINISTERED BY. ALL DATA PERTAINING TO THE APPLICATION WILL BE RETAINED FOR AUDIT PURPOSES IN THE OFFICE OF THE DISTRICT ENGINEER.

B-107705, MAR 7, 1952

PRECIS-UNAVAILABLE

THE SECRETARY OF DEFENSE:

REFERENCE IS MADE TO LETTER OF JANUARY 21, 1952, WITH ENCLOSURE, FROM THE ASSISTANT SECRETARY OF DEFENSE (COMPTROLLER), CONCERNING DOCUMENTATION NECESSARY TO SUPPORT PAYMENTS TO INDIVIDUALS PURSUANT TO SECTION 501(B) OF PUBLIC LAW 155, 82ND CONGRESS, APPROVED SEPTEMBER 28, 1951, AND REQUESTING APPROVAL OF CERTAIN PROCEDURES OUTLINED IN SAID LETTER OF JANUARY 21, 1952.

UNDER SECTION 501(A) OF PUBLIC LAW 155, SUPRA, THE SECRETARIES OF THE ARMY, NAVY AND AIR FORCE, RESPECTIVELY, UNDER THE DIRECTION OF THE SECRETARY OF DEFENSE, ARE AUTHORIZED TO ACQUIRE LANDS AND RIGHTS PERTAINING THERETO; OR OTHER INTERESTS THEREIN, IN ORDER TO ESTABLISH OR DEVELOP THE INSTALLATIONS AND FACILITIES AS AUTHORIZED BY THE ACT. SECTION 501(B) PROVIDES IN PERTINENT PART AS FOLLOWS:

"THE SECRETARY OF THE ARMY, THE SECRETARY OF THE NAVY, AND THE SECRETARY OF THE AIR FORCE ARE RESPECTIVELY AUTHORIZED, TO THE EXTENT ADMINISTRATIVELY DETERMINED BY EACH TO BE FAIR AND REASONABLE UNDER REGULATIONS APPROVED BY THE SECRETARY OF DEFENSE, TO REIMBURSE THE OWNERS AND TENANTS OF LAND ACQUIRED BY THEIR DEPARTMENTS PURSUANT TO THE PROVISIONS OF THIS ACT FOR EXPENSES AND OTHER LOSSES AND DAMAGES INCURRED BY SUCH OWNERS AND TENANTS, RESPECTIVELY, IN THE PROCESS AND AS A DIRECT RESULT OF THE MOVING OF THEMSELVES AND THEIR FAMILIES AND POSSESSIONS BECAUSE OF SUCH ACQUISITION OF LAND, WHICH REIMBURSEMENT SHALL BE IN ADDITION TO, BUT NOT IN DUPLICATION OF, ANY PAYMENTS IN RESPECT OF SUCH ACQUISITION AS MAY OTHERWISE BE AUTHORIZED BY LAW: PROVIDED, THAT THE TOTAL OF SUCH REIMBURSEMENT TO THE OWNERS AND TENANTS OF ANY PARCEL OF LAND SHALL IN NO EVENT EXCEED 25 PER CENTUM OF THE FAIR VALUE OF SUCH PARCEL OF LAND AS DETERMINED BY THE SECRETARY OF THE MILITARY DEPARTMENT CONCERNED. NO PAYMENT IN REIMBURSEMENT SHALL BE MADE UNLESS APPLICATION THEREFOR, SUPPORTED BY AN ITEMIZED STATEMENT OF THE EXPENSES, LOSSES AND DAMAGES SO INCURRED, SHALL HAVE BEEN SUBMITTED TO THE SECRETARY OF THE MILITARY DEPARTMENT CONCERNED WITHIN ONE YEAR FOLLOWING THE DATE OF SUCH VACATING. ***"

THE PROPOSED PROCEDURES ARE SET FORTH IN YOUR LETTER, AS FOLLOWS:

"1. WHENEVER A MILITARY DEPARTMENT ACQUIRES LAND PURSUANT TO PUBLIC LAW 155, 82ND CONGRESS, AND WHENEVER AN INDIVIDUAL FILES AN APPLICATION FOR REIMBURSEMENT PURSUANT TO SUCH ACQUISITION, THE MILITARY DEPARTMENT WILL MAKE AN INVESTIGATION AND WILL ASSEMBLE AND HOLD IN ITS FILES A COMPLETE RECORD OF ALL INFORMATION AND ALL NECESSARY DOCUMENTARY EVIDENCE PERTAINING TO THE APPLICATION. ALL SUCH APPLICATIONS FILED WITH THE ARMY AND THE AIR FORCE WILL BE ADMINISTERED BY, AND ALL DATA PERTAINING TO THE APPLICATION WILL BE RETAINED FOR AUDIT PURPOSES IN THE OFFICE OF THE DISTRICT ENGINEER, CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, HAVING RESPONSIBILITY FOR THE LAND ACQUISITION. ALL SUCH APPLICATIONS FILED WITH THE NAVY DEPARTMENT WILL BE ADMINISTERED BY THE OFFICE OF THE CHIEF, BUREAU OF YARDS AND DOCKS, DEPARTMENT OF THE NAVY, WASHINGTON, D.C. AND THE COMPLETE FILE OF SUCH APPLICATIONS WILL BE HELD IN THAT OFFICE FOR AUDIT PURPOSES.

"2. APPROVAL OF REIMBURSEMENT TO OWNERS AND TENANTS PURSUANT TO SECTION 501(B) WILL BE ACCOMPLISHED ON A DOCUMENT SUBSTANTIALLY THE SAME AS THE DOCUMENT ATTACHED HERETO AS ENCLOSURE 1. THIS DOCUMENT WILL BE SIGNED BY AN OFFICIAL OR EMPLOYEE UNDER PROPER DELEGATION OF AUTHORITY. SUCH DOCUMENT, ATTACHED TO STANDARD FORM NO. 1034, WILL BE THE ONLY SUPPORTING DOCUMENTATION TO BE SUBMITTED TO THE GENERAL ACCOUNTING OFFICE.

"3. A COPY OF ANY DELEGATION OF AUTHORITY, MADE BY THE SECRETARY OF A MILITARY DEPARTMENT TO AN OFFICIAL OR EMPLOYEE, TO APPROVE APPLICATIONS FOR REIMBURSEMENT PURSUANT TO THE PROVISIONS OF SECTION 501(B) OF PUBLIC LAW 155 WILL BE SUBMITTED TO THE GENERAL ACCOUNTING OFFICE."

TO MEET THE REQUIREMENTS OF THE 25 PER CENTUM LIMITATION AND THE STATUTORY PERIOD FOR FILING APPLICATIONS FOR REIMBURSEMENT, AS PROVIDED IN SAID SECTION 501(B), THE FORM FOR APPROVAL OF REIMBURSEMENT REFERRED TO IN PARAGRAPH 2 OF THE ABOVE-QUOTED PROPOSED PROCEDURES CONTAINS PROVISIONS REQUIRING A SHOWING AS TO THE DATE OR DATES OF VACATING THE LAND AND THE FILING OF THE APPLICATION OR APPLICATIONS FOR REIMBURSEMENT, TOGETHER WITH A SHOWING THAT PAYMENT OF THE AMOUNT APPROVED ON SUCH FORM SHALL NOT RESULT IN REIMBURSEMENT TO THE OWNERS AND/OR TENANTS OF THE INVOLVED PARCEL IN EXCESS OF THE 25 PER CENTUM LIMITATION. THE PROPOSED PROCEDURES ARE SATISFACTORY TO THIS OFFICE.