ADJUTANT GENERAL ‑- NATIONAL GUARD ‑- ARMORIES ‑- CAPITAL OUTLAYS UNDER SECTION 2, CHAPTER 288, LAWS OF 1953 ‑- NATIONAL DEFENSE FACILITIES ACT

ADJUTANT GENERAL ‑- NATIONAL GUARD ‑- ARMORIES ‑- CAPITAL OUTLAYS UNDER SECTION 2, CHAPTER 288, LAWS OF 1953 ‑- NATIONAL DEFENSE FACILITIES ACT.

Any expenditure from monies appropriated by section 2, chapter 288, Laws of 1953, for "capital outlays, armories, to carry out the provisions of Senate Bill No. 110 (chapter 181, Laws of 1953)" may be made to satisfy conditions necessary to obtain federal contributions under the National Defense Facilities Act of 1950.

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                                                                   May 20, 1954

Honorable Lilburn H. Stevens
Major General, WNG
The Adjutant General
Camp Murray
Fort Lewis, Washington                                                                                            Cite as:  AGO 53-55 No. 260

Dear Sir:

            By letter dated May 10, 1954, you ask our opinion on whether or not you may use monies entitled "capital outlays, armories, to carry out the provisions of Senate Bill No. 110" appropriated by section 2, chapter 288, Laws of 1953, for the purchase of steel lockers and other miscellaneous items of furniture for equipping;

            (a) existing military facilities;

            (b) military facilities in the process of construction;

            (c) military facilities in the process of rehabilitation; and whether said appropriated monies may be used

             [[Orig. Op. Page 2]]

            (d) in payment of architectural and engineering fees on projects, the cost of which will be paid one hundred percent from federal funds.

            Our conclusion is that any expenditure from monies appropriated by section 2, chapter 288, Laws of 1953, for "capital outlays, armories, to carry out the provisions of Senate Bill No. 110 (chapter 181, Laws of 1953)" may be made to satisfy conditions necessary to obtain federal contributions under the National Defense Facilities Act of 1950.

                                                                     ANALYSIS

            The objects of the appropriation are expressed in the act as (1) capital outlays, armories, and (2) "To carry out the provisions of Senate Bill No. 110."

            "Capital outlays" is defined in section (1) of the act to mean and include the purchase, condemnation and improvement of land and erection of buildings, including necessary salaries and wages incident thereto.  Clearly, this does not authorize expenditures for steel lockers and other miscellaneous furniture.

            Senate Bill No. 110 (chapter 181, Laws of 1953) provides as follows:

            "The legislature hereby expresses its intention to secure to this state the benefits of the act of Congress entitled the 'National Defense Facilities Act' (64 Stat. 829, U.S.C. Title 50, section 883), and the state military department shall be charged with the duty to cooperate with any official or agency of the United States having powers or duties under the provisions of the said act of Congress for the acquisition, construction, expansion, rehabilitation or conversion of facilities necessary for the administration and training of units of the state military department and reserve components of the armed forces of the United States.  The provisions of the said act of Congress are hereby accepted by this state and this state will observe and comply with the requirements thereof."

             [[Orig. Op. Page 3]]

            The objects of the National Defense Facilities Act of 1950 referenced are:

            "* * *  To make provisions for

            "(a) The acquisition by purchase, lease, transfer, construction, expansion, rehabilitation, or conversion of such facilities as may be necessary for the proper development, training, operation and maintenance of units of the reserve components of the Armed Forces of the United States.  * * *"

            Other provisions authorize the Secretary of Defense to contribute to each state federal funds to carry out these objectives subject to conditions imposed by the secretary which each state must first meet, and subject to certain conditions imposed by the act itself.  The second object of the appropriation was to make it possible for the state to qualify for federal contributions under the National Defense Facilities Act.  Therefore, any expenditure may be made by the Adjutant General which serves to meet the conditions prerequisite to federal contribution.

            If the purchase of steel lockers or other furniture satisfies a condition prerequisite to federal contribution then such is authorized regardless of whether used to equip an existing facility, one under construction or one in the process of rehabilitation.  Likewise, architectural and engineering fees incurred on projects would be proper expenditures where a federal grant is thereby secured.  Such might also be a capital outlay within the statutory definition, but this is unnecessary to now determine.

            We conclude that any expenditure may be made which qualifies the state for a federal grant under the National Defense Facilities Act of 1950.

Very truly yours,

DON EASTVOLD
Attorney General

E. ALBERT MORRISON
Assistant Attorney General