B-152020, AUG. 5, 1963, 43 COMP. GEN. 131

B-152020, AUG. 5, 1963, 43 COMP. GEN. 131

APPROPRIATIONS - AVAILABILITY - PARKING SPACE THE LEASE OF LAND FOR A PARKING LOT FOR PRIVATELY OWNED VEHICLES OF PERSONNEL AT A COAST GUARD BASE LOCATED IN AN AREA OF A CITY WHERE PUBLIC TRANSPORTATION IS NOT ADEQUATE AND PARKING SPACE ON OR OFF NEARBY STREETS IS NONEXISTENT MAY NOT BE REGARDED AS ESSENTIAL TO THE OPERATION AND MAINTENANCE OF THE BASE UNDER 14 U.S.C. 93 (J) TO JUSTIFY THE EXPENDITURE OF APPROPRIATED FUNDS; THEREFORE, A SHORTAGE OF PARKING SPACE AND INCONVENIENCE ARE NOT FACTS ALONE WHICH WOULD SERVE AS A BASIS FOR AUTHORIZING THE USE OF APPROPRIATED FUNDS TO LEASE SPACE FOR PARKING VEHICLES OF FEDERAL EMPLOYEES, AND IN THE ABSENCE OF A SPECIFIC AUTHORIZATION APPROPRIATED FUNDS MAY NOT BE USED FOR SUCH PURPOSE.

TO THE SECRETARY OF THE TREASURY, AUGUST 5, 1963:

BY LETTER OF JULY 9, 1963, JAMES R. REED, ASSISTANT SECRETARY OF THE TREASURY DEPARTMENT, ASKED OUR OPINION WHETHER THE COAST GUARD PROPERLY MIGHT LEASE LAND ADJACENT TO ITS BASE AT MOBILE, ALABAMA, AND EXPEND APPROPRIATED FUNDS TO PREPARE SUCH LAND FOR USE AS A PARKING LOT FOR VEHICLES BELONGING TO COAST GUARD EMPLOYEES.

IT IS EXPLAINED THAT THE BASE IS LOCATED IN A BADLY DETERIORATED FORMER COMMERCIAL AREA WITH NO ADEQUATE PUBLIC TRANSPORTATION AND WITH PARKING SPACE ON OR OFF NEARBY STREETS VIRTUALLY NONEXISTENT. PARKING SPACE ON THE BASE IS LIMITED TO FOUR OR FIVE OFFICIAL VEHICLES. ALSO, IT IS STATED THAT AT PRESENT, PERSONNEL FROM FOUR OTHER UNITS UTILIZE THE FACILITIES OF THE BASE IN ADDITION TO THOSE PERSONNEL PERMANENTLY ASSIGNED THERETO FOR A TOTAL OF 181. IT IS ESTIMATED THAT ON ANY GIVEN DAY APPROXIMATELY 85 TO 100 AUTOMOBILES BELONGING TO THESE INDIVIDUALS MAY BE FOUND PARKED IN A WIDE AREA AROUND THE BASE. BECAUSE OF INADEQUATE PARKING FACILITIES AT OR NEAR THE BASE, PERSONNEL, AND ANYONE TRANSACTING BUSINESS AT THE BASE, MUST PARK THEIR VEHICLES AT A GREAT DISTANCE FROM THE BASE OR AS TRESPASSERS ON PRIVATE PROPERTY. SOME OF THESE AUTOMOBILES HAVE BEEN SUBJECTED TO VANDALISM ON SEVERAL OCCASIONS.

IT IS REPORTED THAT VARIOUS SOLUTIONS TO THE PARKING PROBLEM HAVE BEEN EXPLORED, BUT THE ONLY FEASIBLE MEANS TO AMELIORATE THE SITUATION APPEARS TO BE TO LEASE A PLOT OF LAND AND PERMIT PARKING THEREON. OWNERS OF PROPERTY ADJACENT TO THE BASE HAVE OFFERED TO LEASE LAND TO THE COAST GUARD FOR THIS PURPOSE AT A RENTAL FEE OF $50 PER MONTH. IN ORDER TO MAKE THE AREA USABLE AS A PARKING LOT ADDITIONAL APPROPRIATED FUNDS WOULD HAVE TO BE USED FOR CLEARING, GRADING, AND SHELL SURFACING THE LAND.

THE ASSISTANT SECRETARY SUGGESTS THAT AUTHORITY FOR SUCH EXPENDITURES IS CONTAINED IN 14 U.S.C. 93 (J) WHICH PROVIDES THAT THE COMMANDANT OF THE COAST GUARD MAY EQUIP, OPERATE, MAINTAIN, SUPPLY, AND REPAIR COAST GUARD DISTRICTS AND SHORE ESTABLISHMENTS.

ORDINARILY, IT IS THE RESPONSIBILITY OF THE EMPLOYEE TO FURNISH HIS OWN TRANSPORTATION TO AND FROM HIS PLACE OF EMPLOYMENT OR DUTY AND IF HE CHOOSES TO USE HIS PRIVATE AUTOMOBILE FOR SUCH PURPOSE, THE GOVERNMENT IS UNDER NO OBLIGATION TO PROVIDE A PARKING SPACE THEREFOR. THE RECORD PRESENTED TO US DOES NOT ESTABLISH THAT THE PROPOSED GOVERNMENT-LEASED PARKING LOT TO BE USED BY PERSONNEL UTILIZING OR EMPLOYED AT THE BASE IS ESSENTIAL FOR THE OPERATION OR MAINTENANCE OF THE BASE.

IT IS RECOGNIZED THAT MANY METROPOLITAN AREAS ARE FACED WITH A SHORTAGE OF PARKING SPACE, BOTH PUBLIC AND PRIVATE, AND THAT AS A RESULT, MOTORISTS OFTEN ARE INCONVENIENCED EITHER BY HAVING TO LEAVE THEIR HOMES EARLIER, SPENDING MORE TIME IN FINDING A PARKING SPACE, OR BY HAVING TO PARK A DISTANCE FROM THEIR DESTINATION. TO OUR KNOWLEDGE, HOWEVER, THESE FACTS ALONE HAVE NOT SERVED AS A BASIS FOR LEASING SPACE AT GOVERNMENT EXPENSE FOR PARKING PRIVATELY OWNED VEHICLES OF FEDERAL EMPLOYEES IN THE ABSENCE OF SPECIFIC AUTHORIZATION THEREFOR.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE QUESTION STATED IN THE FIRST PARAGRAPH HEREOF MUST BE ANSWERED IN THE NEGATIVE.