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B-194031 1 (1979-05-01)

handle is hein.gao/gaobadhek0001 and id is 1 raw text is: DECISION FILE: B-194031 MATTER OF: DIGEST: THE COMPTROLLER GENERALAAAAd OF THE UNITED STATES VIASH-NGTON, D.6C. 205482 DATE: MAY 1 1979 Veterans Administration: epair and Maintenance of Congressional Cemeter Federal government owns approximately 1/2 acre of Congressional Cemetery, a 30 acre cemetery in Washington, D.C.,the major part of which is owned by Christ Church, Washington Parish. Jurisdiction over government-owned portion was transferred from Army to Veterans Administration (VA) pursuant to National Cemeteries Act of 1973. While VA may use its operating expense appropriations to maintain government-owned portions, it is not authorized to use funds for repair and maintenance of the private areas on theory that they are necessary, proper or incident to repair and maintenance of government- owned areas. Such expenditures would also violate the rule prohibiting permanent improvements of private land in the absence of statutory authority. ii The Administrator, Veterans Administration (VA), has requested our decision on whether funds appropriated to the VA by the Depart- ment of Housing and Urban Development-Independent Agencies Appropria- tion Act, 1979, Pub. L. No. 95-392 (September 30, 1978), 92 Stat. 791, 802, are available to maintain and enhance the Congressional/Cemetery located in Washington, D.C. For the reasons discussed below we con- clude that the funds are available only with respect to.the government- owned parts of the Cemetery. The Congressional Cemetery was established. by private individuals in 1807 and conveyed without cost to Christ Church, Washington Parish, in 1812. In 1817, the Vestry of the Church assigned 100 burial sites within the Cemetery for use of the United States. Subsequently, a number of prominent Americans,including members of Congress and govern- ment officials who had died in Washington,were buried in the Cemetery. In fact, Congressional Cemetery served as the national cemetery until Arlington National Cemetery was established after the Civil War. S. Rep. No. 94-1154 (on S. 3441), 94th Cong. 2d Sess. 1-2 (1976). 'A

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