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B-164497(3) 1 (1979-06-06)

handle is hein.gao/gaobadhhb0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D. C. 2054S FILE: B-164497(3) DATE: June 6, 1979 MATTER OF: Great River Road--Contract Authority DIGEST: Great River Road statute (23 U.S.C. § 148) authorizes appropriations out of (1) Highway Trust Fund and (2) General Fund of Treasury. Funding of federally-aided highway projects in title I of 23 U.S.C. is by contract authority; see sections 118 and 106(a). No reason appears to treat section 148 differently from other authority in title I. Moreover, Congress and Executive have in different contexts identified Trust Fund portion of section 148 as contract authority. GAO agrees that Trust Fund portion of section 148 results in contract au ority; General Fu uires annal gpro -ri~fElEWbef ore availability. John S. Hassell Jr., Deputy Administrator, Federal Highway Administration (FHWA), Department of Transportatiorg has asked whether section 148 of title 23, United States Code, Development of a national scenic and recreational highway, provides contract authority with respect to those funds derived from the Highway Trust Fund. The Deputy Administrator explains that-- Section 148 of title 23, U.S.C., provides for the development and construction of the Great River Road. The section provides for split funding. It has been the consistent position of the Department of Transportation that the portions of the Great River Road which are financed out of the Highway Trust Fund are done so under the terms of contract authority while those portions financed from the General Fund of the Treasury are considered to be available consistent with annual budget authority, i.e., requiring a4 appropriations act before being available for commitment and expenditure. The specific authority for considering section 148 of title 23, U.S.C., as conveying contract

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