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B-194912 1 (1981-08-24)

handle is hein.gao/gaobacssg0001 and id is 1 raw text is: 




A_                 COMPTROLLER GENERAL OF THE UNITED STATES
                              WASHINGTON D.C. 20548


 In Reply
 Refer To:  B-194912                  August 24, 1981



 The Honorable Paul Trible                                 o              --sf
 House of Representatives              na

 Dear Mr. Trible:

      You requested our opinion concerning payment to the Hampton Roads
 Sanitation District (HRSD), Virginia Beach, Virginia, for Langley Air
 Force Base's (Langley), Virginia, share of the costs of the Boat Harbor
 Facilities/North Shore Maintenance Complex.  This was in connection with a
 grant by the Environmental Protection Agency (EPA) under the Federal Water
 Pollution Control Act, as amended, (33 U.S.C S 1251, et sea.).  Enclosed
 was a copy of correspondence received from HRSD relating to this matter.

      In his letter to you, dated March 23, 1981, the General Manager of
 HRSD states that although the Navy has paid its share of the District's
 Army Base Facility and the Army has contributed funds for the Boat Harbor
 Wastewater Treatment Facility, the Air Force has not committed itself to
 pay for Langley's share of the North Shore Maintenance Complex.

      Both of these payments were made pursuant to our decisions, referred
 to below, under which funds specifically made available under recent mili-
 tary construction authorization and appropriation acts could be substi-
 tuted for amounts excluded by EPA from its 75 percent construction grants
 for wastewater treatment projects, to the extent they serve major Federal
 facilities.

      As explained below, we are of the opinion that the Air Force may not
 contribute the share attributed by EPA to Langley for HRSD's North Shore
 Maintenance Complex construction costs.

      In brief, on July 28, 1977, HRSD requested a letter of intent from
 the Air Force for the Federal facility share of the construction cost of
 the District's relocated North Shore Maintenance Facility.  The estimated
 cost was $600,000.  Of this $6,225 was attributed to Langley, and $2,700
 for Bethel Manor I, a military housing area maintained by the Air Force.
 HRSD had received a grant offer from EPA under which the base was to pay a
 share of the construction cost under EPA's Program Requirements Memorandum
 (PRM) No. 75-35, December 29, 1975.

      On August 31, 1977, the Langley Base Commander replied stating that
 under Air Force policy such payment was forbidden where an installation
 already was being served under a contract for sewage treatment.



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