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B-194861 1 (1979-11-20)

handle is hein.gao/gaobadhtb0001 and id is 1 raw text is: DECISID FILE: B-194861 THE COMPTROLLER Etv I.~j (OF THE UNITED STATES WASHINGTON, D.C. 20548 [DATE: November 20, 1979 MATTER OF: CUse of One Agency's Real Property by Anothe- Enability for Damage 1fejt /rt 17 In the absence of specific statutory authority, the Department of Army may not reimburse the Department of Agriculture for cost of restoration of real property damaged by Army training exercises in De Soto National Forest. Generally, one executive department may not be reimbursed for real property damaged by another executive department. 44 Comp. Gen. 695 (1965). The Acting Chief, Field Services Office, U.S. Army Finance and Accounting Center, Department of the Army, asks in effect whether funds are available to reimburse the United States Forest Service, Department of Agriculture, for the lost of restoration of damaged proert in the De Soto National Forest. Tge property was damaged 1 the 220th Military Police Brigade during training exercises conducted August 6-10, 1978. The land was loaned for the training exercises pursuant to a memorandum of understanding between the Army and the Forest Service authorizing use by the Army of the De Soto National Forest. While this document was not included in the sub- mission, it appears that it included provision for payment by the Army for damage as a result of Army's use of the property. A voucher for $922, for restoration of the damage was presented to the Finance and Accounting Officer, Headquarters United States Army Aviation Center and Fort Rucker, for certification. On the basis of the following, we believe this voucher may not be certified for payment. Generally, in the absence of statutory authority, one executive department cannot pay another executive department for use of or for the restoration cost of real property loaned to or used by the former department, even though the use permits that were issued required restoration of the property or payment of damages. (This longstanding general rule is referred to as the interdepartmental waiver doctrine.) 32 Comp. Gen. 179 (1952); 44 Comp. Gen. 693 (1965). DIGEST:

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