B-128204, JUNE 20, 1956, 35 COMP. GEN. 701

B-128204, JUNE 20, 1956, 35 COMP. GEN. 701

PUBLIC BUILDINGS - MOVING COSTS AND RENT OF ONE AGENCY FOR CONVENIENCE OF ANOTHER - APPROPRIATION AVAILABILITY FUNDS APPROPRIATED TO THE BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR, MAY NOT BE USED TO PAY THE MOVING COSTS AND RENT IN LEASED QUARTERS FOR ANOTHER GOVERNMENT AGENCY SO THAT THE BUREAU MAY HAVE THE VACATED SPACE AND BE CONSOLIDATED IN ONE FEDERAL BUILDING.

TO THE SECRETARY OF THE INTERIOR, JUNE 20, 1956:

REFERENCE IS MADE TO LETTER OF JUNE 6, 1956, FROM THE ADMINISTRATIVE ASSISTANT SECRETARY, CONCERNING A QUESTION INVOLVED IN THE ACQUISITION OF ADDITIONAL SPACE FOR THE UTAH STATE OFFICE OF THE BUREAU OF LAND MANAGEMENT WHICH PRESENTLY IS OCCUPYING APPROXIMATELY 6,000 SQUARE FEET OF SPACE IN THE FEDERAL BUILDING IN SALT LAKE CITY, UTAH.

IT IS STATED THAT A SUBSTANTIAL INCREASE IN PERSONNEL IS CONTEMPLATED BY THE 1957 APPROPRIATION ESTIMATES FOR THE BUREAU OF LAND MANAGEMENT, AND THAT THE GENERAL SERVICES ADMINISTRATION ADVISES THAT THE APPROXIMATELY 2,100 SQUARE FEET NEEDED AS OFFICE SPACE FOR SUCH ADDITIONAL PERSONNEL IN SALT LAKE CITY IS NOT AVAILABLE IN THE FEDERAL BUILDING. THERE IS, HOWEVER, A SMALLER AGENCY WHICH OCCUPIES ABOUT 2,100 SQUARE FEET OF SPACE IN THE FEDERAL BUILDING. SINCE IT IS HIGHLY DESIRABLE THAT ALL SEGMENTS OF THE UTAH STATE OFFICE BE TOGETHER, AND SINCE SECURING 8,100 SQUARE FEET OF SPACE IN ANY OTHER BUILDING POSES A PROBLEM, CONSIDERATION IS BEING GIVEN TO A PLAN WHICH CONTEMPLATES THE MOVING OF THE SMALLER AGENCY TO RENTED QUARTERS. IT IS EXPLAINED, HOWEVER, THAT THE AGENCY INVOLVED IS UNABLE TO ASSUME THE RENTAL COSTS AND GSA HAS ADVISED THAT WHILE IT CAN ASSUME THE COST OF MOVING THE AGENCY DURING THIS FISCAL YEAR, PROVISION WAS NOT MADE FOR SUCH PAYMENT DURING FISCAL YEAR 1957 AND IT PROBABLY WOULD HAVE TO LOOK TO THE BUREAU TO ASSUME THE RENTAL COST.

SINCE IT WOULD APPEAR TO BE IN THE BEST INTEREST OF THE GOVERNMENT TO LEASE ONLY THE SMALLER AMOUNT OF SPACE RATHER THAN THE 8,100 SQUARE FEET NEEDED BY THE BUREAU, THE ADMINISTRATIVE ASSISTANT SECRETARY ASKS IF WE WOULD BE REQUIRED TO OBJECT IF GSA ARRANGES TO LEASE THE ADDITIONAL 2,100 SQUARE FEET OF SPACE, MOVES ANOTHER AGENCY INTO IT, AND BILLS THE RENTAL COSTS FOR THE FIRST YEAR'S RENT TO THE BUREAU OF LAND MANAGEMENT, INASMUCH AS THE ADDITIONAL SPACE IS REQUIRED BY THAT BUREAU.

UNDER THE PROVISIONS OF SECTION 3 OF THE ACT OF AUGUST 27, 1935, AS AMENDED, 40 U.S.C. 304C; SECTION 210 OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED, 40 U.S.C. 490; AND, REORGANIZATION PLAN NO. 18 OF 1950, 64 STAT. 1270, 40 U.S.C. 304C NOTE, THE ADMINISTRATOR OF GENERAL SERVICES IS AUTHORIZED, GENERALLY, TO PERFORM ALL FUNCTIONS WITH RESPECT TO ACQUIRING SPACE IN BUILDINGS BY LEASE AND TO ASSIGN AND REASSIGN SPACE THEREIN. TO THE EXTENT THAT APPROPRIATIONS AVAILABLE TO THE GSA ARE INSUFFICIENT THEREFOR, THE ADMINISTRATOR MAY REQUIRE PAYMENTS THROUGH ADVANCES OR OTHERWISE FROM THE AGENCIES TO WHICH LEASED SPACE HAS BEEN ASSIGNED FOR ALL OR ANY PART OF THE COST OF RENT OR THE EXPENSES OF MOVING.

IN VIEW THEREOF AND EVEN THOUGH THE MOVING OF THE AGENCY INVOLVED TO LEASED QUARTERS PRIMARILY WOULD BE FOR THE CONVENIENCE OF THE BUREAU OF LAND MANAGEMENT, IT APPEARS THAT SUCH COSTS PROPERLY CAN BE REIMBURSED TO THE GSA ONLY BY THE AGENCY THAT IS MOVED INTO THE LEASED QUARTERS.

IN ADDITION, IT HAS BEEN HELD UNDER SIMILAR CIRCUMSTANCES THAT THE USE OF THE FUNDS FOR THE PURPOSE NOW CONTEMPLATED WOULD BE CONTRARY TO THE PROVISIONS OF SECTION 3678, REVISED STATUTES, 31 U.S.C. 628, WHICH PROVIDES THAT ALL SUMS APPROPRIATED FOR THE VARIOUS BRANCHES OF EXPENDITURE IN THE PUBLIC SERVICE SHALL BE APPLIED SOLELY FOR THE OBJECTS FOR WHICH THEY ARE MADE AVAILABLE AND FOR NO OTHERS. SEE 34 COMP. GEN. 454; 33 ID. 423.

ACCORDINGLY, SINCE IT DOES NOT APPEAR THAT FUNDS APPROPRIATED FOR THE BUREAU OF LAND MANAGEMENT PROPERLY MAY BE USED TO PAY THE RENT ON PREMISES OCCUPIED BY ANOTHER GOVERNMENT AGENCY, YOU ARE ADVISED THAT WE WOULD BE REQUIRED TO OBJECT TO THE PLAN PROPOSED BY THE ADMINISTRATIVE ASSISTANT SECRETARY.