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B-199534,B-200086 1 (1980-10-02)

handle is hein.gao/gaobadipe0001 and id is 1 raw text is: P - .a 5. .' THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES W< WAS H iN GTON. 0 .C .2 0 548E FILE: B-199534 DATE: October 2, 1980 B-200086 MATTER OF: Contribution by Army to Capital Costs of Sewage Treatment Plants serving Fort Bliss, Texas, and Fort Monroe, Virginia DIGEST: EPA refused to fund part of 75% Federal Water Pollution Control Act grants to El Paso, Texas, and Hampton Roads Sanitation District, Virginia, for wastewater treatment works construction attributed to Fort Bliss, Texas, and Fort Mon- roe, Virginia respectively. FY 1979 Military Construction Authorization and Appropriation Acts provided budget authority of $1,209,000 for Fort Bliss and $550,000 for Fort Monroe for these purposes. Since Congress intended to make up construction grant shortfall re- sulting from EPA's funding policy, Army may make otherwise proper contributions without requiring additional legal consideration. See 59 Comp. Gen. 1 (1979). We have received separate-.requests for advance decisions from the Army regarding the propriety of its making a contri- bution to the City of El Paso, Texas, for part of the capital costs of the Haskell Street Treatment Plant serving Fort Bliss, Texas, and a contribution to the Hampton Roads Sanitation Dis- trict, Virginia, for part of the capital costs of the District's Boat Harbor Plant serving Fort Monroe, Virginia. Since the re- quests are similar they will both be considered here. About Fort Bliss, the submission indicates that expansion of facilities was undertaken by the City of El Paso pursuant to an Environmental Protection Agency (EPA) grant made under the Federal Pollution Control Act, 33 U.S.C. §§1251, et sea. (1976). However, EPA refused to fund the amount attributed to Fort Bliss, and funds were subsequently appropriated in accord with the Mili- tary Construction Authorization Act, 1979, for this purpose. We are told that the Army had attempted to negotiate a Modifi- cation of the utility service contract with the City of El Paso for lower service rates in exchange for a contribution of funds appropriated for the project.. After our decision, Federal Faci- ity Contributions to Capital Costs of Sewage Treatment Plants,

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