In re Use of One Agency's Real Property by another, B-194861

• Decision Date: 20 November 1979
• Docket Number: B-194861
• Citation: 59 Comp.Gen. 93
• Parties: MATTER OF: USE OF ONE AGENCY'S REAL PROPERTY BY ANOTHER - LIABILITY FOR DAMAGE.
• Court: Comptroller General of the United States

59 Comp.Gen. 93

MATTER OF: USE OF ONE AGENCY'S REAL PROPERTY BY ANOTHER - LIABILITY FOR DAMAGE.

No. B-194861

Comptroller General of the United States

November 20, 1979

Public lands - interagency loans, transfers, etc. - damages restoration, etc. - authority in the absence of specific statutory authority, the department of army May not reimburse the department of agriculture for cost of restoration of real property damaged by army training exercises in DE soto national forest. Generally, one executive department May not be reimbursed for real property damaged by another executive department. 44 Comp.Gen. 693(1965).

The acting chief, field services office, U.S. Army finance and accounting center, department of the army, asks in effect whether funds are available to reimburse the United States forest service, department of agriculture, for the cost of restoration of damaged property in the DE soto national forest. The property was damaged by the 220th military policy brigade during training exercises conducted August 6 10 1978. The land was loaned for the training exercises pursuant to a memorandum of understanding between the army and the forest service authorizing use by the army of the DE soto national forest. While this document was not included in the submission, it appears that it included provision for payment by the army for damage as a result of army's use of the property.

A voucher for $922, for restoration of the damage, was presented to the finance and accounting officer, headquarters United States army aviation center and fort rucker, for certification. On the basis of the following, we believe this voucher May not be certified for payment.

Generally in the absence of statutory authority, one executive department cannot pay another executive department for use of or for the restoration cost of real property loaned to or used by the former department, even though the use permits that were issued required restoration of the property or payment of damages. (this longstanding general rule is referred to as the interdepartmental waiver doctrine.) Comp.Gen. 179(1952); 44 Id. 693 (1965).

However an opinion from the office of the staff judge advocate (SJA) headquarters, 1st United States army, cites a senate appropriations committee report on the department of defense appropriations bill for 1966 (s. Rep. No. 625, 89th cong., 1st Sess. 23(1965)), which states, under the heading, "damage to federal lands resulting from maneuvers, " that

Such funds as May be required (apparently referring to operation and maintenance funds) May be used to restore lands under jurisdiction of other government agencies, damaged while being used for military training purposes under agreement with such agencies.

The sja suggests that this legislative history, coupled with language included in the department of defense appropriations act for 1966 (79 Stat. 863), does provide authority to pay the damages. An army witness, testifying on that appropriation, stated that our office had informally indicated that an expression of congressional intent would suffice to permit interdepartmental reimbursements. Hearings on H.R. 9221 before a subcommittee of the senate committee on appropriations, 89th cong., 1st Sess. 114(1965) (statement of general taylor). The quoted language was apparently put in the senate report to accomplish this.

A comptroller of the army memorandum, dated September 24, 1965 to the chief of engineers, states the comptroller's understanding that, given this express...