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B-191300 1 (1978-03-31)

handle is hein.gao/gaobadfwi0001 and id is 1 raw text is: THE COMPTROLLER GENERAL D IO . *A UTHE uNITED A M WAfHINGTON, D.C. 0548 FILE: 8-191300 DATE: March 31, 1978 MATTER OF: Air Force Request for Advance Decision DIGEST: The advance payment of rent, on annual bcasis, under proposed lease of land with the State of Idaho is not in contravention of the prohibition against advance payments in 31 U.S.C. S 529 since possibil- ity of loss is remote where a State is the recipient. The Deputy Director, Plans and Systems, of the Depart- ment of the Air Force, by letter dated February 1, 1978, has forwarded to our Office a request for an advance decision as to the propriety of annual advr - payment of rent under a proposed real estate lease :h the State of Idaho. it is reported that the Seattle DIstrict, Corps of Engineers, Department of the Army, has beer negotiating with the state of Idaho since May 5, 1977, for the re- newnl of Lease No. DACh67-5-73-196. Un:der the proposed renewal agreement, the State of Idaho is to continue to lease to the Government 520 acres, more nr less, located atrMountain Home Small Arms Range, Mnuntain Home AFB, Idaho, for use as a clear zone in ccmpliunce with safety regulations. After an initial term of 6 months, the pro- posed lease is to remain in force from year to year until June 30, 1982, unless the Government gives notice of ter- mination or adequate appropriations become unavailable. An..ar1 payment of rent under the lease is to be made by the Accounting and Finance Officer at Mountain Home AFB. The State of Idaho has refused to sign the proposed lease without a provision for advance payment of rent, IJ

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