About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-122171 1 (1955-04-05)

handle is hein.gao/gaobadahk0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON25 -122171 April 5, 1955 Dear Mr. Secretary: Reference is made to letter of November 13, 19%i, file (El), from the Solicitor Sureau of ?ublic Roads, Department of Commerce, to the Zirector, Claims Division, requesting decision whether the cozt of adjusting and relocating certain telephone and distribution pole lines of the Southern California jdison Campany can be paid from funds made available for carrying out the provisions of sec- tion 23 of the federal highway Act, as amended, 23 U.S.C. 23, 23(a). While the instant matter will be considered as though submitted ' by you, your attention is invited to circular letter f-62476 dated December 13, 1946, 26 Camp. den. 993, concerning requests for advanced decisions by others than the heads of departments. It appears that the pole lines were erected on lands of the United States by the Southern California Edison Company as part of water-power Project io. 67 under license issued to that company on March 3, 1921, by the Federal Power Commission. it is stated in the submission that construction of the California State Highway No. 48-E under the Federal Highway Act made it necessary to require the company to relocate and adjust telephone and distribution lines at an estimated cost of $890 and that the company has requested a camitaent to pay for the expense involved. Doubt as to companya entitlement to payment appears to be based on our decisions holding that, in the absence of specific author- ity, appropriated funds are not available for removing and resetting privately maintained utility poles, vires, etc., located upon public lands or reservations of the United States where such costs are prop- erly payable by the owner of the public utilities under its franchise. 10 Comp. Gen. 331; 20 id. 379. It is pointed out in the submission that section 24 of the Federal 2ower Act (16 U.s.C. 818) providus that any lands of the United States included in any proposed project under the provisions of this part shall from the date of filing of applica- tion therefor be reserved from entry, location, or other disposal under the laws of the United States until otherwise directed by the Commis- sion or by the Congress. It appears that the highway right-of-way across the involved land was granted by Federal Power Commission Determination DA-836, issued September 11, 1953, pursuant to request of July 2, 1953, by the Forest jervice on behalf of the Bureau of Public Roads. The Commission's aporoval was made subject to the condition that the proposed highway and bridge at Rancheria Creek Crossing should be oonstructed so as not to conflict with the power-development plan of the company. It appears from a recital in the Determination that the Commission understood that

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most