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B-217821 1 (1986-04-08)

handle is hein.gao/gaobadmgo0001 and id is 1 raw text is: DECISION FILE: B-217821 THE COMPTROLLER GUNERAIL OP THE UNITED STATES WASHINGTON. 0.C. 20548 DATE: April 8, 1986 MATTER OF: Reimbursement by Navy to Federal Aviation Administration for damage to Instrument Landing System. DIGEST: 1. The Federal Aviation Administration may not be reimbursed by the Navy for replacement cost of an Instrument Landing System owned by the Government at the El Paso, Texas International Airport which was destroyed by the crash of a Navy aircraft, since property of Government agencies is not the property of the separate entities but rather of the Government as a single entity and there can be no reimbursement by the Government to itself for damage to or loss of its own property. 2. Although the Federal Aviation Administration (FAA) charged the cost of replacement of Instrument Landing System (ILS) to its Facilities and Equip- ment (Airport and Airway Trust Fund) appropriation account which consists of appropriations made to the FAA from the Airport and Airway Trust Fund for the purpose of funding the acquisition, establis- hment and improvement of air navigation facilities, this does not bring activity within exception to interdepartmental waiver rule recognized by this Office for damage caused to property held in trust by the Government on behalf of particular iden- tifiable beneficiaries in order to protect benefi- ciaries equitable interest in property. FAA is using Federal funds to repair damage to Government-owned property and is not acting as trustee on behalf of particular group of identifiable beneficiaries in repairing ILS. This decision is in response to a request from J.E. Murdock, III, Chief Counsel, Federal Aviation Administra- tion (FAA), Department of Transportation, dated March 5, 1985, asking whether it may be reimbursed by the Navy for the re- placement cost of an Instrument Landing System (ILS) owned by the Government at the El Paso, Texas International Airport which was destroyed by the crash of a Navy aircraft. The FAA replaced the ILS at a cost of $33,000.00 and then sought reim- bursement from the Navy. However, this request was denied in a letter dated December 2, 19d3, from the Assistant Counsel for -~ I-.-,. t'- .0'.. - 0 ' D0 u/

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