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B-140397-O.M. 1 (1959-08-04)

handle is hein.gao/gaobadaio0001 and id is 1 raw text is: 



                      UNITED STATES GENERAL ACCOUNTING  OFFICE
                                 WASHINGTON  25, D. C.
                                                           AUG 4   1959
CIVIL ACCOUNTING AND
AUDITING DIVISION

       Ihe Comptroller General

            During the course of a review of licensing and leasing of land in the
       12th Coast Guard District, San Francisco, California, our San Francisco
       Regional Office examined a transaction in which land in the vicinity of the
       Point Pinca Light Station in California was licensed by the Coast Guard to
       the City of Pacific Grove, California, for a golf course in consideration
       of 1 per annm,  a $16,350 housing unit, and other property improvements,
       Our Regional Office believes that the transaction is a violation of
       40 U.S.C. 303 (b)  hich states thatt

                      xcnept as otherwise specifically provided by law,
                 the leasing of buildings and properties of the United
                 States shall be for a nvney consideration only, and
                 there sha-l not be included in the lease any provision
                 for the alteration, repair, or inprovement of such
                 buildings or properties as a part of the consideration
                 for the rental to be paid for the use and occupation
                 of the same.  The moneys derived from such rentals
                 shall be deposited and covered into the Treasury as
                 aascellaneouJs receipts. 1
            Off2icials in the 12th Coast Guard District Office cite 14 U.S.C. 93(n)
       and provisions of the U. 6. Coast Guard Regulations, Chapter 15, L`art
       15-2-23, as author:ity for the transaction. Title 14 U.S.C. 93(n)
       provides that:

                      For the Purpose of executing the duties and functions
                 of the Coast Guard the Commandant may:

                   (n) rent or lease, under such terms and conditions as are
                 deemed advisable, for a period not exceeding five years, such
                 real property under the control of the Goast Guard as may not
                 be required for immediate use by the Coast Guard, the monies
                 received from any such rental or lease, less amount of expenses
                 incurred (exclusive of governmental personal services), to be
                 covered into the Treasury; .....

           The U. S.  Coast Guard Regulations, Chapter 15, Part 15-2-23, stater

                  Co  ...Revocable licenses will not be approved by
                the Commandant unless  the contemplated use is a reasonable
                one and  some advantage therefrom, financial or otherwise,
                accrues to  the Government,  ......

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