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B-193307 1 (1979-02-06)

handle is hein.gao/gaobadrmz0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 B-19S307 FEB 6 1979 The Honorable Jack Kemp House of Representatives iear Mr. Kemps This is in response to your recent letter regarding clarifying authorisation for the Ellicott Creek Flood Control Construction Projects Erie County, New York. You indicate that the proposed Water r Resources Development Act of 1978, H. . 13059, 95th Cong., Rd Seals., provided supplementsl author ation, as requested by the Corps of Engineers, beome et a decision to construct a diversion channel Instead ot the Sandridge Dam as originally proposed. However, be- cause this bill was not enact 4 the Corps has advised you that the $1 million appropriated in H. J. Res. 1139, which makes continuing appropriations for fiscal year 1979, cannot be spent to begin con- structia of the ZIeott Creek diversion channel. It is your understanding that the House Appropriations Committee's Subcommittee on Public Works requested our opinion as to whether. because of the unums circumstances, the funds already appropriated tfor projects authorised in the water resources bill carry with them the weight of an authorization so as to allow the Ellicott Creek flood con- trol diversion channel construction to begin on schedule without the necessity of waiting for authorization by the next Congress. We have not reesived a request to consider this matter from the Subcommittee on Public Works of the House Appropriations Committee or from any other congressional source. However, we have met 4nforzmally with r presantatives of the Corps of Engineers regarding 'this problem and advised them an follows: Setin 201zif the Flood Control Acof 1970, Pub. L. No. 91-611, December 31., 1970. 84 Stat. 1824, 182f-1827, provides that: 'The project for the Sandridge Dam and Reservoir. MEltcott Creek. New York, for flood protection and other purposes is hereby authorized, substantially in accordance with the re*ommendations of the Chief of Engineers in his report dated November 25, 1970, at an estimated cost of $No 070. 000. Construction shall not be initiated until approved by the Secretary of the Army and the President.

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