B-125404, SEP. 16, 1955

B-125404, SEP. 16, 1955

TO HONORABLE SAMUEL SPENCER, PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA:

REFERENCE IS MADE TO A LETTER OF AUGUST 30, 1955, FROM THE ACTING PRESIDENT OF THE BOARD OF COMMISSIONERS REQUESTING A DECISION AS TO WHETHER, IN VIEW OF THE CIRCUMSTANCES SET FORTH THEREIN, FUNDS APPROPRIATED UNDER THE HEADING "CAPITAL OUTLAY, DEPARTMENT OF HIGHWAYS" IN THE DISTRICT OF COLUMBIA APPROPRIATION ACT, 1955, APPROVED JULY 1, 1954, 68 STAT. 390, WHICH FUNDS ARE AVAILABLE UNTIL EXPENDED, PROPERLY MAY BE USED FOR THE PREPARATION OF PLANS AND WORKING DRAWINGS FOR A PROPOSED BRIDGE ACROSS THE POTOMAC RIVER.

THE APPROPRIATION REFERRED TO ABOVE CONTAINS NO EXPRESS PROVISION CONCERNING THE PREPARATION OF SUCH PLANS. HOWEVER, AN EXAMINATION OF THE LEGISLATIVE HISTORY OF THE DISTRICT OF COLUMBIA APPROPRIATION ACT, 1954, DISCLOSES THAT THE AMOUNT OF $200,000 WAS CONTAINED IN THE BUDGET ESTIMATES FOR THIS ITEM AND THAT THIS AMOUNT SUBSEQUENTLY WAS APPROPRIATED BY THE CONGRESS. CONSEQUENTLY, IF OTHERWISE PROPER, THE APPROPRIATION WOULD BE AVAILABLE FOR SUCH PURPOSE. 26 COMP. GEN. 545, 547.

AT THE TIME THE REQUEST FOR THIS APPROPRIATION WAS PRESENTED TO THE CONGRESS IT WAS EXPLAINED THAT, OWING TO A DIFFERENCE OF OPINION AMONG PLANNERS CONCERNED WITH THE PROJECT, THE LOCATION OF THE BRIDGE, FOR WHICH PLANS WERE TO BE PREPARED, WOULD BE DETERMINED AT A LATER DATE. SUBSEQUENTLY, AND APPARENTLY TO RESOLVE THE CONTROVERSY AS TO WHERE THE BRIDGE SHOULD BE LOCATED, THE CONGRESS BY PUBLIC LAW 704, APPROVED AUGUST 30, 1954, AUTHORIZED CONSTRUCTION OF THE BRIDGE ,FROM THE VICINITY OF CONSTITUTION AVENUE IN THE DISTRICT OF COLUMBIA TO THE VIRGINIA SIDE OF THE POTOMAC RIVER, SUCH BRIDGE TO BE CONSTRUCTED NORTH OF THE MEMORIAL BRIDGE AND SOUTH OF THE SOUTHERN PORTION OF THEODORE ROOSEVELT ISLAND SOMETIMES REFERRED TO AS "SMALL ISLAND.'" THEREAFTER, THE CONGRESS PROVIDED $1,500,000 IN THE DISTRICT OF COLUMBIA APPROPRIATION ACT, 1956, APPROVED JULY 5, 1955, 69 STAT. 246, TO BEGIN CONSTRUCTION OF THE PROPOSED BRIDGE AT THE LOCATION AUTHORIZED IN PUBLIC LAW 704, SUPRA.

IT IS EXPLAINED, HOWEVER, THAT NOTWITHSTANDING CONGRESSIONAL AUTHORIZATION AND THE APPROPRIATION OF FUNDS FOR PLANS AND WORKING DRAWINGS, THE DISCUSSION AND DIFFERENCE OF OPINION CONCERNING THE LOCATION OF THIS BRIDGE CONTINUED, AND THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA MET WITH REPRESENTATIVES OF THE FINE ARTS COMMISSION, THE NATIONAL PARK SERVICE, AND THE NATIONAL CAPITAL PLANNING COMMISSION, IN AN EFFORT TO SEE IF A NEW LOCATION SATISFACTORY TO ALL COULD NOT BE AGREED UPON. THESE CONFERENCES RESULTED IN REACHING AGREEMENT UPON A NEW LOCATION WHICH MOVES THE BRIDGE UPRIVER A SHORT DISTANCE AND LOCATES IT AT A PLACE WHERE IT CROSSES THE SOUTHERN PORTION OF THE MAIN THEODORE ROOSEVELT ISLAND, AS WELL AS A PORTION OF THE SMALLER ISLAND REFERRED TO AS "SMALL ISLAND.' LEGISLATION TO AUTHORIZE THIS CHANGE IN LOCATION WAS SUBMITTED TO THE SENATE AND HOUSE COMMITTEES ON THE DISTRICT OF COLUMBIA. THE SENATE APPROVED THE NEW LOCATION ON JULY 25, 1955, BY PASSING S. 2568, 84TH CONGRESS, BUT THE CONGRESS ADJOURNED BEFORE THE MATTER COULD BE CONSIDERED BY THE HOUSE OF REPRESENTATIVES.

AS THE MATTER NOW STANDS, THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA HAVE BEEN AUTHORIZED TO CONSTRUCT A BRIDGE IN ONE LOCATION, WHILE ALL PLANNERS CONCERNED NOW HAVE AGREED THAT THE BRIDGE SHOULD BE CONSTRUCTED AT A NEW LOCATION. QUESTION ARISES, THEREFORE, WHETHER THE $200,000 PROVIDED IN THE DISTRICT OF COLUMBIA APPROPRIATION ACT, 1955, MAY BE USED FOR THE PREPARATION OF PLANS AND WORKING DRAWINGS FOR A BRIDGE AT THE NEW LOCATION WHICH HAS NOT AS YET RECEIVED FORMAL APPROVAL BY THE CONGRESS.

THE FUNDS INVOLVED WERE APPROPRIATED WITHOUT LIMITATION AS TO WHERE THE BRIDGE SHOULD BE LOCATED, THE CONGRESS HAVING BEEN ADVISED THAT THE LOCATION THEREOF WOULD BE DETERMINED AT A LATER DATE. FURTHERMORE, AND NOTWITHSTANDING THE FACT THAT THE CONGRESS HAD FORMALLY APPROVED PUBLIC LAW 704 WHICH SPECIFICALLY SET OUT A DEFINITE LOCATION FOR THE BRIDGE, AN EXAMINATION OF THE LEGISLATIVE HISTORY OF THE DISTRICT OF COLUMBIA APPROPRIATION ACT, 1956, DISCLOSES THAT THE CONGRESS RECOGNIZED THE FACT THAT THE CONTROVERSY REGARDING THE LOCATION, OF THE BRIDGE HAD NOT YET BEEN FINALLY RESOLVED. IN THIS CONNECTION, SEE PAGE 9 OF HOUSE REPORT 589, 84TH CONGRESS, ON THE DISTRICT OF COLUMBIA APPROPRIATION BILL, 1956, WHEREIN THE COMMITTEE ON APPROPRIATIONS RECOMMENDED THAT THE SUM OF $1,500,000 REQUESTED FOR CONSTRUCTION OF THE BRIDGE BE OMITTED FROM THE BILL UNTIL SUCH TIME AS A FIRM DECISION COULD BE REACHED AS TO WHETHER A BRIDGE OR A TUNNEL WOULD BE CONSTRUCTED. THE SENATE, HOWEVER, RESTORED SUCH FUNDS AND, AS PREVIOUSLY STATED, THE BILL AS FINALLY ENACTED INCLUDED FUNDS FOR THE CONSTRUCTION OF THE BRIDGE.

AS STATED ABOVE, THE FUNDS INVOLVED ARE NOT LIMITED TO THE PREPARATION OF PLANS FOR A BRIDGE AT ANY DEFINITE LOCATION; A DEFINITE AGREEMENT AS TO SUCH LOCATION NOW HAS BEEN REACHED AS URGED BY THE HOUSE COMMITTEE ON APPROPRIATIONS, AND THE BRIDGE WILL BE LOCATED AT APPROXIMATELY THE SAME PLACE AS THAT PROVIDED IN PUBLIC LAW 704. MOREOVER, THE SENATE HAS FORMALLY APPROVED THE NEW PROPOSED LOCATION. IN VIEW THEREOF, IT IS CONCLUDED THAT THE USE OF THE FUNDS FOR PREPARATION OF DRAWINGS FOR THE BRIDGE AT THE NEW LOCATION AS NOW PROPOSED WOULD NOT BE CONTRARY TO THE INTENT OF THE CONGRESS AND THAT THE FUNDS IN QUESTION LEGALLY ARE AVAILABLE FOR SUCH PURPOSE.