B-141693, OCTOBER 12, 1961, 41 COMP. GEN. 235

B-141693 October 12, 1961
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Summary

- ADMINISTRATIVE DETERMINATIONS - CONCLUSIVENESS - EXTENT OF GENERAL ACCOUNTING OFFICE AUTHORITY - CLAIM SETTLEMENT ALTHOUGH THE SAN CARLOS IRRIGATION PROJECT WHICH HAS A CLAIM AGAINST THE DEPARTMENT OF THE AIR FORCE FOR REIMBURSEMENT FOR REPAIRS TO A POWER LINE DAMAGED AS THE RESULT OF A CRASH OF A CIVIL AIR PATROL PLANE IS AN INSTRUMENTALITY OF THE UNITED STATES. THE FUNDS OF THE PROJECT AVAILABLE FOR REPAIR OF THE DAMAGE ARE NOT APPROPRIATED FUNDS BUT FUNDS OF THE PROJECT BENEFICIARIES. THE RULE THAT THERE CAN BE NO REIMBURSEMENT BETWEEN DEPARTMENTS AND AGENCIES FOR DAMAGES TO OR LOSS OF PROPERTY BECAUSE THE PROPERTY BELONGS TO THE GOVERNMENT AND NOT THE SEPARATE AGENCIES AND FEDERAL FUNDS ARE INVOLVED DOES NOT PRECLUDE THE PRESENTATION OF THE DAMAGE CLAIM BY THE DEPARTMENT OF THE INTERIOR ON BEHALF OF THE PROJECT BENEFICIARIES.