B-3304, MAY 12, 1939, 18 COMP. GEN. 843

B-3304, MAY 12, 1939, 18 COMP. GEN. 843

MOTION-PICTURE EQUIPMENT PURCHASES - APPROPRIATION AVAILABILITY - BONNEVILLE PROJECT UNDER THE BROAD AUTHORITY FOR EXPENDITURES CONFERRED BY SECTION 9 (B) OF THE BONNEVILLE PROJECT ACT OF AUGUST 20, 1937, 50 STAT. 736, EITHER THE APPROPRIATION FOR CONSTRUCTION AND MAINTENANCE OF THE POWER DISTRIBUTION SYSTEM AS MADE BY THE ACT OF MAY 9, 1938, 52 STAT. 295, OR THE ALLOTMENT OF PUBLIC WORKS ADMINISTRATION FUNDS FOR CONSTRUCTION, IS AVAILABLE FOR PURCHASE OF MOTION-PICTURE EQUIPMENT FOR MAKING A MOTION PICTURE RECORD OF SALIENT FEATURES OF THE CONSTRUCTION PROGRAM, IF THE MAKING OF SUCH RECORD IS ADMINISTRATIVELY FOUND NECESSARY FOR THE PROPER ADMINISTRATION OF THE ACT AND THE PURCHASE OF THE EQUIPMENT IS MORE ECONOMICAL THAN CONTRACTING FOR THE PHOTOGRAPHIC WORK WITH ESTABLISHED MOTION-PICTURE PRODUCERS.

COMPTROLLER GENERAL BROWN TO THE SECRETARY OF THE INTERIOR, MAY 12, 1939:

I HAVE YOUR LETTER OF APRIL 24, 1939, AS FOLLOWS:

YOUR OPINION ON THE AVAILABILITY OF FUNDS AND PROPRIETY OF EXPENDITURES FROM THE APPROPRIATION ALLOTTED FOR THE CONSTRUCTION OF THE BONNEVILLE PROJECT FOR PRESERVING CERTAIN RECORDS FOR INFORMATIONAL AND INSTRUCTIONAL PURPOSES BY MAKING A MOTION PICTURE OF SALIENT FEATURES OF ITS CONSTRUCTION PROGRAM, IS RESPECTFULLY REQUESTED.

THIS ACTIVITY IS INTENDED TO FOLLOW UP AND COMPLETE THE MOTION PICTURE RECORDS NOW EXISTING OF THE CONSTRUCTION ON THE BONNEVILLE DAM BY THE UNITED STATES ENGINEER DEPARTMENT.

THE MOTION-PICTURE RECORD PROPOSED IS AN ESSENTIAL PART OF ANY NEW CONSTRUCTION PROGRAM. IT WILL BE USED TO SUPPORT INSPECTION OF THE COMPLETED LINES AND LATER TO TRACE ANY CAUSES FOR LINE FAILURE, IF NECESSARY. IT WOULD SERVE AS AN INVALUABLE RECORD TO THE PROJECT IN THE INSTRUCTION AND TRAINING OF CONSTRUCTION EMPLOYEES AND OFFICIALS. AFTER THIS RECORD IS COMBINED WITH THAT MADE BY THE UNITED STATES ENGINEER DEPARTMENT DURING THE DAM CONSTRUCTION PERIOD, IT WILL CONSTITUTE A PUBLIC RECORD OF MUCH VALUE TO ANYONE INTERESTED IN THE DEVELOPMENT OF THE POWER GENERATION AND TRANSMISSION SYSTEM.

IN ORDER THAT THE COST OF SUCH AN ACTIVITY MAY BE PROPERLY DISTRIBUTED IN ACCORDANCE WITH THE WORK PERFORMED AND ALSO WITH THE PROVISIONS OF THE ACCOUNTING SYSTEM PRESCRIBED BY THE FEDERAL POWER COMMISSION, THERE IS FOR DETERMINATION WHETHER ANY OF THE FOLLOWING FUNDS ARE AVAILABLE FOR THE PURPOSE DESCRIBED.

YOUR OPINION IS RESPECTFULLY DIRECTED TO THE FOLLOWING QUESTIONS:

1. IS THE PURCHASE OF EQUIPMENT OF THIS TYPE PERMITTED UNDER THE TERMS OF THE BONNEVILLE ACT (PUBLIC, NO. 329, 75TH CONGRESS), PARTICULARLY SECTION 9-B? UNDER SECTION 9-B OF THE BONNEVILLE ACT THE ADMINISTRATOR IS AUTHORIZED TO MAKE SUCH EXPENDITURES FOR FACILITIES AND SERVICES AS HE MIGHT FIND NECESSARY FOR THE PROPER ADMINISTRATION OF THE ACT. IN ORDER THAT THE POSITION OF THE PROJECT MAY BE MADE PERFECTLY CLEAR BEFORE AUTHORIZING EXPENDITURE OF THE PUBLIC FUNDS OUTLINED ABOVE, YOUR INTERPRETATION IS ESPECIALLY INVITED.

2. IF THE ANSWER TO NO. 1 IS IN THE AFFIRMATIVE, DOES THE APPROPRIATION 148/90614, CONSTRUCTION AND MAINTENANCE, POWER DISTRIBUTION SYSTEM, BONNEVILLE PROJECT, OREGON, DEPARTMENT OF THE INTERIOR, 1938-1939, APPLY?

3. IF THE ANSWER TO NO. 1 IS IN THE AFFIRMATIVE, ARE THE FUNDS ALLOTTED TO THE BONNEVILLE PROJECT UNDER TITLE 2 OF THE PUBLIC WORKS ADMINISTRATION ACT OF 1938, SYMBOL 14-408/00513, AVAILABLE FOR USE IN THIS CONNECTION, THE MAJOR CONSTRUCTION ACTIVITY OF THE PROJECT AT THIS TIME BEING PERFORMED UNDER THESE FUNDS.

4. IF THE ANSWERS TO NOS. 1, 2, AND 3 ARE IN THE NEGATIVE, WOULD IT BE POSSIBLE TO CONTRACT FOR THE PROJECTION OF SUCH RECORD OF PROGRESS?

THE CONSTRUCTION OF TRANSMISSION LINES IS BEING PROSECUTED AT THE PRESENT TIME UNDER AN APPROPRIATION MADE BY THE CONGRESS IN THE AMOUNT OF $3,500,000, AND AN ALLOTMENT MADE TO THE PROJECT BY THE ADMINISTRATOR, PUBLIC WORKS ADMINISTRATION, IN THE AMOUNT OF $10,750,000.

INASMUCH AS CONTRACTS HAVE NOW BEEN LET FOR THE FIRST STEPS IN THE CONSTRUCTION OF THE TRANSMISSION SYSTEM OF THE BONNEVILLE PROJECT, YOUR IMMEDIATE ADVICE IS DESIRED AS TO THE APPLICABILITY OF FUNDS UNDER APPROPRIATIONS NUMBERED 2 AND 3 FOR THE PROPOSED PROGRAM.

SECTION 9 (B) OF THE ACT OF AUGUST 20, 1937, 50 STAT. 736, PROVIDES:

THE ADMINISTRATOR MAY MAKE SUCH EXPENDITURES FOR OFFICES, VEHICLES, FURNISHINGS, EQUIPMENT, SUPPLIES, AND BOOKS; FOR ATTENDANCE AT MEETINGS; AND FOR SUCH OTHER FACILITIES AND SERVICES AS HE MAY FIND NECESSARY FOR THE PROPER ADMINISTRATION OF THIS ACT.

THE APPROPRIATION FOR CONSTRUCTION AND MAINTENANCE OF A POWER DISTRIBUTION SYSTEM, BONNEVILLE PROJECT, OREG., AS MADE BY THE ACT OF MAY 9, 1938, 52 STAT. 295, PROVIDES:

FOR CONSTRUCTION, PURCHASE, AND MAINTENANCE OF TRANSMISSION LINES AND PURCHASE OF EASEMENTS AND RIGHTS-OF-WAY, INCLUDING PERSONAL SERVICES, IN CARRYING OUT THE PROVISIONS OF AN ACT ENTITLED "AN ACT TO AUTHORIZE THE COMPLETION, MAINTENANCE, AND OPERATION OF THE BONNEVILLE PROJECT, FOR NAVIGATION AND FOR OTHER PURPOSES," APPROVED AUGUST 20, 1937, TO BE IMMEDIATELY AVAILABLE, $3,500,000.

IN VIEW OF THE PROVISIONS IN SECTION 9 (B), SUPRA, IT MAY BE HELD THAT EITHER THE ABOVE APPROPRIATION OR THE ALLOTMENT OF PUBLIC WORKS ADMINISTRATION FUNDS FOR CONSTRUCTION MAY BE USED FOR THE PURCHASE OF MOTION-PICTURE EQUIPMENT, IF YOU FIND THAT THE MAKING OF THE MOTION PICTURE RECORD IS "NECESSARY FOR THE PROPER ADMINISTRATION OF" THE ACT AND IT BE ADMINISTRATIVELY DETERMINED THAT THE PURCHASE OF SUCH EQUIPMENT WOULD BE MORE ECONOMICAL THAN CONTRACTING FOR THE PHOTOGRAPHIC WORK WITH ESTABLISHED MOTION-PICTURE PRODUCERS.