B-18209, JUNE 27, 1941, 20 COMP. GEN. 927

B-18209, JUNE 27, 1941, 20 COMP. GEN. 927

PUBLIC BUILDINGS - ERECTION ON LEASED LAND WHILE APPROPRIATED FUNDS MAY NOT ORDINARILY BE USED FOR IMPROVING PRIVATE PROPERTY, FUNDS ALLOTTED TO THE FEDERAL COMMUNICATIONS COMMISSION FROM THE " EMERGENCY FUND FOR THE PRESIDENT" IN THE MILITARY APPROPRIATION ACT, 1941, MAY BE USED FOR THE ERECTION OF TEMPORARY STRUCTURES AND RADIO MONITORING FACILITIES ON LEASED PREMISES IN ALASKA, PROVIDED THERE BE INSERTED IN THE LEASE A SPECIFIC PROVISION RETAINING TITLE THERETO IN THE UNITED STATES WITH THE PRIVILEGE OF REMOVAL.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, FEDERAL COMMUNICATIONS COMMISSION, JUNE 27, 1941:

I HAVE YOUR LETTER OF JUNE 25, 1941, AS FOLLOWS:

THIS COMMISSION'S NATIONAL DEFENSE PROGRAM REQUIRES THE ESTABLISHMENT AT THE EARLIEST POSSIBLE DATE OF THREE STRATEGICALLY LOCATED MONITORING UNITS IN ALASKA FOR THE DURATION OF ITS EMERGENCY PROGRAM. LEASES OF SUITABLE BUILDINGS, EITHER EXISTING OR TO BE CONSTRUCTED, HAVE BEEN SECURED AT ANCHORAGE AND AT JUNEAU, ALASKA, BUT AT FAIRBANKS, OUR REPRESENTATIVE HAS BEEN UNABLE EITHER TO LEASE AN EXISTING BUILDING SUITABLY LOCATED, OR TO MAKE ARRANGEMENTS FOR A BUILDING TO BE CONSTRUCTED AND RENTED TO THIS COMMISSION. HOWEVER, THE BOARD OF REGENTS OF THE UNIVERSITY OF ALASKA HAS MADE AVAILABLE A DESIRABLE SITE AND A LEASE IS BEING EXECUTED FOR A NOMINAL RENTAL FOR THE COMING FISCAL YEAR WITH RIGHT OF RENEWAL IN THE GOVERNMENT FOR THE FOLLOWING SIX YEARS AND WITH AN EXPRESS PROVISION THAT THE GOVERNMENT SHALL HAVE THE RIGHT TO CONSTRUCT OR HAVE CONSTRUCTED ON THE PREMISES SUCH BUILDINGS, ANTENNAE OR OTHER STRUCTURES AS MAY BE NECESSARY FOR A MONITORING STATION, WHICH BUILDINGS, ANTENNAE OR OTHER STRUCTURES SHALL BE AND REMAIN THE PROPERTY OF THE GOVERNMENT AND MAY BE REMOVED THEREFROM BY THE GOVERNMENT AT ANY TIME PRIOR TO THE TERMINATION OF THE LEASE.

IT IS PROPOSED TO ENTER INTO A CONTRACT WITH FAIRBANKS LUMBER SUPPLY, INC., FOR APPROXIMATELY $1,450, WHEREBY FAIRBANKS LUMBER SUPPLY, INC., WILL SUPPLY AND MOVE TO THE LEASED SITE TWO EXISTING BUILDINGS 12 FEET BY 24 FEET, AND WILL FASTEN THEM TOGETHER, INSULATE AND REFINISH THEM. THE BUILDINGS ARE ESTIMATED TO COST $620; THE MOVING, $100; THE LABOR FOR REFINISHING, $450; AND THE COST OF MATERIALS, $281.37. THE COMMISSION PLANS TO USE FOR THIS PURPOSE PART OF THE FUNDS ALLOTTED TO IT FROM THE " EMERGENCY FUND FOR THE PRESIDENT," WHICH WAS MADE AVAILABLE BY THE MILITARY APPROPRIATION ACT, 1941 ( PUBLIC, NO. 611) "TO ENABLE THE PRESIDENT, THROUGH THE APPROPRIATE AGENCIES OF THE GOVERNMENT, WITHOUT REFERENCE TO SECTION 3709, REVISED STATUTES, TO PROVIDE FOR EMERGENCIES AFFECTING THE NATIONAL SECURITY AND DEFENSE AND FOR EACH AND EVERY PURPOSE CONNECTED THEREWITH, INCLUDING ALL OF THE OBJECTS AND PURPOSES SPECIFIED UNDER ANY APPROPRIATION AVAILABLE OR TO BE MADE AVAILABLE TO THE WAR DEPARTMENT FOR THE FISCAL YEARS 1940 AND 1941 * * *.'

VARIOUS ACTS MAKING APPROPRIATIONS FOR THE WAR DEPARTMENT, SUCH AS PUBLIC, NO. 781, APPROVED SEPTEMBER 9, 1940, PUBLIC, NO. 800, APPROVED OCTOBER 8, 1940, AND PUBLIC, NO. 667, APPROVED JUNE 26, 1940, AND INCLUDING THE MILITARY APPROPRIATION ACT, 1941, PROVIDE FOR THE CONSTRUCTION OF BUILDINGS FOR VARIOUS PURPOSES, AND IT IS, THEREFORE, BELIEVED THAT THE FUNDS AFOREMENTIONED MAY BE USED FOR THE PROPOSED BUILDING. HOWEVER, IN VIEW OF THE FACT THAT THE BUILDING IS TO BE LOCATED ON LEASED PREMISES, IT HAS BEEN CONSIDERED ADVISABLE TO SECURE CLEARANCE FROM YOUR DEPARTMENT.

THE PROPOSED BUILDING IS REQUIRED FOR DEFENSE MONITORING PURPOSES, IS TEMPORARY AND INEXPENSIVE IN CHARACTER, AND MAY BE MOVED, THOUGH NOT WITHOUT SOME DIFFICULTY AND SOME LOSS IN VALUE. IN THIS CONNECTION, YOUR ATTENTION IS CALLED TO THE POLICY EVIDENCED BY THE APPROPRIATION IN THE MILITARY APPROPRIATION ACT, 1941 (UNDER THE SUBTITLE " MILITARY POSTS") FOR EMERGENCY CONSTRUCTION INCLUDING ACQUISITION OF LAND WITHOUT REGARD TO THE PROVISIONS OF SECTIONS 355 AND 1136, REVISED STATUTES.

AS THIS BUILDING IS URGENTLY NEEDED, IT IS RESPECTFULLY REQUESTED THAT THIS MATTER BE GIVEN YOUR EARLIEST ATTENTION.

THE EMERGENCY FUND FOR THE PRESIDENT, TO WHICH YOU REFER, ACT OF JUNE 13, 1940, 54 STAT. 377, PROVIDES:

TO ENABLE THE PRESIDENT, THROUGH THE APPROPRIATE AGENCIES OF THE GOVERNMENT, WITHOUT REFERENCE TO SECTION 3709, REVISED STATUTES, TO PROVIDE FOR EMERGENCIES AFFECTING THE NATIONAL SECURITY AND DEFENSE AND FOR EACH AND EVERY PURPOSE CONNECTED THEREWITH, INCLUDING ALL OF THE OBJECTS AND PURPOSES SPECIFIED UNDER ANY APPROPRIATION AVAILABLE OR TO BE MADE AVAILABLE TO THE WAR DEPARTMENT FOR THE FISCAL YEARS 1940 AND 1941; THE FURNISHING OF GOVERNMENT-OWNED FACILITIES AT PRIVATELY OWNED PLANTS; *

WHILE IT IS A WELL ESTABLISHED RULE THAT APPROPRIATED FUNDS MAY NOT ORDINARILY BE USED FOR IMPROVEMENT OF PRIVATE PROPERTY, THIS RULE WOULD NOT PREVENT THE USE OF THE FUNDS HERE INVOLVED FOR THE PROCUREMENT AND ERECTION ON THE LEASED PREMISES OF THE NECESSARY STRUCTURES AND FACILITIES DESCRIBED IN YOUR SUBMISSION PROVIDED THERE BE INSERTED IN THE LEASE A SPECIFIC PROVISION RETAINING TITLE THERETO IN THE UNITED STATES WITH THE PRIVILEGE OF REMOVAL. 15 COMP. GEN. 761.