Propriety of Army Contribution to Cost of Sewage Treatment Plants

GAO was asked for an advance decision regarding the propriety of the Army making a contribution to Fairfax County, Virginia, for the construction of a pumpover line and related facilities. The Environmental Protection Agency (EPA) refused to fund part of a 75 percent grant to Fairfax County for wastewater treatment works construction under the Federal Water Pollution Control Act, attributed to Fort Belvoir, Virginia. Under EPA policy, the Army was required to pay its fair share of the capital cost of the County's project which would include sewerage service for Fort Belvoir. In a previous decision, GAO concluded that Congress has chosen to make up the shortfall in construction grant support of wastewater treatment facilities by specifically appropriating funds to cover the military's share of the costs. A cost variation report submitted by the Army was affirmatively approved by congressional committees. Authority for construction and acquisition for Army projects under the 1971 Military Construction Authorization Act was made available for the capital contribution. Therefore, Congress apparently has consented to the Army's contributing funds to the project in lieu of some of the funds which EPA ordinarily would have expended on the project. Accordingly, GAO believed that the Army may pay 75 percent of the costs of construction of the project attributed to Fort Belvoir without requiring additional legal consideration from Fairfax County.