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B-213379 1 (1984-10-29)

handle is hein.gao/gaobadlzk0001 and id is 1 raw text is: THE COMPTROLLER GEEA OKCO ION OP THE UNITED ETATES WA8HINGTON. O. C. 20540 1ILE: B-213379 CATE: October 29, 1984 MATTER OF: Deutsche Bundesbahn DIGEST: Absent specific authority, appropriated funds may not be used for permanent improvements to property not owned by Government. Where railroad controlled by the German Government installed safety improvement on U.S. controlled, German- owned railroad tracks U.S. Forces may not contribute to cost because governing North Atlantic Treaty Organization (NATO) treaty provisions do not require U.S. Forces to pay such costs. Introduction The U.S. Army Finance and Accounting Center has submitted the claim of the Deutsche Bundesbahn (DB) (German Federal Railway) for $DM 131,214.09 for settlement by the General Accounting Office (GAO) as a doubtful claim (Title 4, GAO Policy and Procedures Manual for Guidance of Federal Agencies, S 5-1). The German claim is for the cost of installing automatic safety equipment on U.S. controlled, German-owned railroad tracks. The governing North Atlantic Treaty Organization (NATO) treaty provisions do not obligate the U.S. Forces to pay the claimed costs and, without specific authority, appropriated funds may not be used to make permanent improvements to property which is not owned by the Government. For the reasons discussed below, the claim must be denied. Background According to the record in this case, all railroad tracks, connections and sidings in the Federal Republic of Germany (FRG) are owned by the German Government. The tracks -are operated and maintained by. the DB, an instrumen- tality of the FRG. Under the NATO Status of Forces Agree- ment (SOFA) and its Supplementary Agreement, U.S. Forces control the limited access tracks which lead from the DB connection switches to the U.S. Forces training facilities at Grafenwoehr and Vilseck. The record indicates that these limited access tracks are used by both the U.S. Forces and the Bundeswehr (the German Federal Army) in moving troops and equipment to and from the training facilities.

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