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B-147731, JAN. 22, 1962

B-147731 Jan 22, 1962
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THAT THE KERN COUNTY FIRE DEPARTMENT IS A DEPARTMENT OF THE COUNTY ESTABLISHED TO PROTECT LIFE AND PROPERTY OF RESIDENTS OF THE COUNTY. THAT IT WAS YOUR BELIEF THAT A CONCLUSION THAT THERE WAS SOME DEGREE OF NEGLIGENCE ON THE PART OF THE AGENCY CAUSING THE FIRE WOULD JUSTIFY REIMBURSEMENT TO THE COUNTY UNDER SECTION 13009 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA. YOU ALSO HAD STATED THAT THE UNITED STATES WAS NOT THE OWNER OF ANY OF THE APPROXIMATELY 350 ACRES OF LAND BURNED BY THE FIRE. IT HAS BEEN DETERMINED THAT THE POINT OF ORIGIN OF THE FIRE IS LOCATED ON LAND BELONGING TO THE BUREAU OF INDIAN AFFAIRS. WHICH WAS RENDERED PRIOR TO RECEIPT OF YOUR INSTANT LETTER. WE HELD THAT THE UNITED STATES WAS NOT LEGALLY OBLIGATED OR AUTHORIZED TO PAY THE CLAIM AND THAT SUCH CLAIM IS NOT ONE WHICH WE WOULD REPORT TO CONGRESS AS MERITORIOUS UNDER THE PROVISIONS OF 31 U.S.C. 236.

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B-147731, JAN. 22, 1962

TO MR. ROY GARGANO:

YOUR LETTER DATED JANUARY 2, 1962 (FILE 026.1-47), CONCERNS THE CLAIM OF THE KERN COUNTY FIRE DEPARTMENT IN THE AMOUNT OF $19,662.22 FOR SERVICES AND SUPPLIES USED IN EXTINGUISHING A FIRE STARTED BY THE CRASH OF A UNITED STATES NAVY AIRCRAFT IN KERN COUNTY ON AUGUST 4, 1961. THE CLAIM HAD BEEN FORWARDED HERE BY THE DEPARTMENT OF THE NAVY WITH THE SUGGESTION THAT IT BE CONSIDERED FOR POSSIBLE PAYMENT AS A MERITORIOUS CLAIM UNDER 31 U.S.C. 236.

BY LETTER DATED OCTOBER 19, 1961 (FILE 028.1), YOU HAD ADVISED THE DEPARTMENT OF THE NAVY THAT YOU DID NOT KNOW OF ANY AGREEMENT WHEREBY THE UNITED STATES GOVERNMENT HAD AGREED TO REIMBURSE KERN COUNTY FOR FIGHTING FIRES IN KERN COUNTY; THAT THE KERN COUNTY FIRE DEPARTMENT IS A DEPARTMENT OF THE COUNTY ESTABLISHED TO PROTECT LIFE AND PROPERTY OF RESIDENTS OF THE COUNTY; AND THAT IT WAS YOUR BELIEF THAT A CONCLUSION THAT THERE WAS SOME DEGREE OF NEGLIGENCE ON THE PART OF THE AGENCY CAUSING THE FIRE WOULD JUSTIFY REIMBURSEMENT TO THE COUNTY UNDER SECTION 13009 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA. YOU ALSO HAD STATED THAT THE UNITED STATES WAS NOT THE OWNER OF ANY OF THE APPROXIMATELY 350 ACRES OF LAND BURNED BY THE FIRE.

YOUR PRESENT LETTER TO US TRANSMITS A COPY OF LETTER DATED DECEMBER 26, 1961, TO YOU FROM THE KERN COUNTY FIRE DEPARTMENT, TOGETHER WITH ENCLOSURES, WHICH STATES THAT IN MAKING A FURTHER CHECK ON THE OWNERSHIP OF THE PROPERTY INVOLVED IN THE SUBJECT FIRE, IT HAS BEEN DETERMINED THAT THE POINT OF ORIGIN OF THE FIRE IS LOCATED ON LAND BELONGING TO THE BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF THE INTERIOR.

BY DECISION DATED DECEMBER 28, 1961, B-147731, COPY ENCLOSED, TO THE KERN COUNTY FIRE DEPARTMENT, WHICH WAS RENDERED PRIOR TO RECEIPT OF YOUR INSTANT LETTER, WE HELD THAT THE UNITED STATES WAS NOT LEGALLY OBLIGATED OR AUTHORIZED TO PAY THE CLAIM AND THAT SUCH CLAIM IS NOT ONE WHICH WE WOULD REPORT TO CONGRESS AS MERITORIOUS UNDER THE PROVISIONS OF 31 U.S.C. 236.

IT THUS APPEARS THAT WHILE OUR DECISION OF DECEMBER 28, 1961, WAS BASED ON A SET OF FACTS WHICH CONTEMPLATED THAT THE UNITED STATES WAS NOT THE OWNER OF ANY PART OF THE APPROXIMATELY 350 ACRES OF LAND INVOLVED IN THE FIRE, THE UNITED STATES ACTUALLY WAS THE OWNER OF A SMALL PORTION THEREOF WHICH IS STATED TO BE THE POINT OF ORIGIN OF THE FIRE. HOWEVER, EVEN IF WE HAD BASED OUR DECISION ON A SET OF FACTS WHICH CONTEMPLATED THE CHANGES SET FORTH IN THE FIRE DEPARTMENT'S LETTER, OUR CONCLUSIONS WOULD HAVE BEEN THE SAME.

IT IS WELL ESTABLISHED THAT WHERE A STATE OR SUBDIVISION THEREOF HAS A STATUTORY DUTY TO RENDER FIRE PROTECTION OR FIREFIGHTING SERVICES TO PROPERTY WITHIN ITS LIMITS, WITHOUT COST TO THE OWNERS OF THE PROPERTY, SUCH DUTY EXTENDS TO PROTECTING THE PROPERTY OF THE UNITED STATES LOCATED WITHIN SUCH LIMITS, AND THAT AS THE GOVERNMENT THUS IS LEGALLY ENTITLED TO THE FIRE PROTECTION OR FIREFIGHTING SERVICES, THERE IS NO AUTHORITY TO CHARGE APPROPRIATED FUNDS WITH THE COST THEREOF. 24 COMP. GEN. 599; 26 ID. 382.

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