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B-211044 1 (1984-06-15)

handle is hein.gao/gaobadltc0001 and id is 1 raw text is: ~,O'-' Q 0 THE COMPTROLLER UENERAL OICIION 0p THE UNITED STATES WASHINOTON. 0. C. 20548 FILE: B-211044 OATE: June 15, 1984 MATTER OF: Department of the Army--Crosswalk Construction DIGEST: Appropriated funds may not be used to construct a crosswalk across a public highway since con- structing an improvement on non-Federal property is prohibited in the absence of specific authority. This is in response to a request from Robert A. Kaspari, Finance and Accounting Officer, United States Army Tank-Automotive Command (TACOM), Warren, Michigan, for an advance decision on whether appropriated funds may--be used to construct and maintain a crosswalk across a public high- way separating two Government facilities. For the reasons given below, we conclude that in the absence of specific authority, funds are not available for the proposed cross- walk. TACOM has recently expanded its operations to a leased building directly across a public highway from its Government-owned facility. Apparently for the convenience of TACOM members and employees, TACOM proposes to pay for the construction of a crosswalk including a paved walk that would traverse approximately 15 yards of a grass median strip dividing the highway. According to Mr. Kaspari, the crosswalk would be used primarily, although not exclusively, by Government person- nel. The county where the TACOM buildings are located is responsible for the maintenance of the roadway and the median strip. The county has no objections to the proposed crosswalk and has expressed a willingness to grant the Federal Government a perpetual easement to construct a walk- way across the grassy median since the county has no con- struction funds available. It appears from the information provided our Office that no attempts have been made to con- tact State and city officials to determine if any other funds are available. Instead, Mr. Kaspari suggests that the appropriation for the construction might be authorized by 41 C.F.R. S 101-20.b which implements 40 U.S.C. S 490(i) (1976) or on the basis of GAO's decision in 61 Comp. Gen. 501 (1982).

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