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B-203214 1 (1982-06-23)

handle is hein.gao/gaobadkkw0001 and id is 1 raw text is: Dr.CISION FILE; B-203214 MATTER OF; DIGEST: $Sf~ ~THE COMPTROILLER CE1NEPAL i nfl Or- TF1 UNITE1O STATRES W WA 1H INSGT0N, 03,0. 2054 0 DATEI June 23, 1982 Financing Traffic Signal at Entrance to Detroit Arsenal Tank hLant GAO will no longer object to use of appropriations to finance installation of traffio signals at or near Federal installations where such installation is not a service which the State or local jurisdic- tion is required to provide for all residents of the area free of charge, and the charge does not discriminate against the United States, Previous Comptroller General decisions to the contrary are herety nif ied, This decision is in response to a letter dated April 30, 1981, fron Senator Carl Levin, who asked whether it was permis- sible for the Department of the Army to contribute to the financ- ing of a new traffic signal at the intersection of Michigan State Highway M-3 (Van Dyke Avenue) and entrance gate nunber 8 of the Detroit Arsenal Tank Plant in Warren, Michigan. The plant is a Government-o;med-contractor-operated facility currently producing M-V0 Army tanks. The affected intersection is T shaped, where the entrance drive me.ets the heavily-traveled State road. The lack of a traffic signal has been determined to interfere with access to the plant and to cause a safety hazard for all travelers in the intersection- In accordance with Michigan State law, (Mich. Stat, Ann, § 9.1097(lb)) the State of Michigan will pay two-thirds of the installation cost Ad of the annual main- tenance expenses of the traffic signal. The question before us is whether Department of Defense apprcpriations may be charged for the remaining third. On the basis of the'analysis below, we would not object to the Department of Defense appropriations being used for this purpose. In our early cases involviitj traffic signals, we held that traffic regulation Is a funct.*.Icn of State and local authorities, to bxe financed by State and lccal taxes. Analogizing a required Federal subidy of signal installation to an unconstitutional tax or an unauthorized payment in lieu of taxes, we found such expendi- tures generally to be unauthorized. 36 Coup. Gen. 286 (1956); 51 Coup. Gen. 135 (1970). 't. . . . . .. 1*. - .I~ **? *. .' . .. . .. % .. ... f .. I , - I . . < .., . - . I . . I ... r , . - .' . . , . .. - -.. . , ... - ... '. . . . .

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