Demolition of the Existing LaGuardia Air Traffic Control Tower, B-286457, January 29, 2001

B-286457 Jan 29, 2001 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Which is constructing a new Air Traffic Control Tower at LaGuardia Airport. The FAA has agreed to demolish the current LaGuardia ATCT to the point where the line of sight from a new ATCT will not be obstructed. BACKGROUND The FAA is constructing a new ATCT at LaGuardia Airport. The Port Authority will not agree to pay to demolish the remainder of the tower using its own funding and has requested that the FAA demolish the entire ATCT. /2/ In addition to the Port Authority's concern about the visual aspects of a partially demolished tower. The FAA has stated that the hub of the electrical wiring for the existing LaGuardia tower is located underground at the base of the tower. It may be difficult to access and modify the wiring if the tower is not demolished. View Decision Matter of: Demolition of the Existing LaGuardia Air Traffic Control Tower File: B-286457 Date: January 29, 2001 DIGEST DECISION The Federal Aviation Administration (FAA) requests an advance decision on whether it may use appropriated funds to demolish the existing LaGuardia Air Traffic Control Tower (ATCT) to the ground. The FAA has agreed to demolish the current LaGuardia ATCT to the point where the line of sight from a new ATCT will not be obstructed. We conclude that the FAA may use the Facilities and Equipment appropriation within the Transportation Appropriations Act for fiscal year 2001 to demolish the existing ATCT to the ground. BACKGROUND The FAA is constructing a new ATCT at LaGuardia Airport, located in Flushing, New York. The Port Authority of New York and New Jersey owns the existing ATCT. The FAA agreed with the Port Authority to demolish the old ATCT to the point where the existing tower would no longer obstruct the new tower's view of air traffic. /1/ The Port Authority, however, objected to the FAA leaving a partially demolished tower in place, indicating that this would present an eye sore. The Port Authority will not agree to pay to demolish the remainder of the tower using its own funding and has requested that the FAA demolish the entire ATCT. /2/ In addition to the Port Authority's concern about the visual aspects of a partially demolished tower, the FAA has stated that the hub of the electrical wiring for the existing LaGuardia tower is located underground at the base of the tower, and it may be difficult to access and modify the wiring if the tower is not demolished. The Department of Transportation and Related Agencies Appropriations Act for fiscal year 2001 appropriates $2.7 billion for Facilities and Equipment for "necessary expenses for acquisition, establishment, and improvement of air navigation and experimental facilities and equipment". Pub. L. No. 106-346, 114 Stat. 1356 (2000). In the conference agreement accompanying the fiscal year 2001 Department of Transportation and Related Agencies Appropriations Act, the conferees, in discussing the use of Facilities and Equipment funds, identified $145 million for "replacement of air traffic control towers and other terminal facilities" at approximately 50 airports. The conferees specifically agreed that LaGuardia Airport would receive $23 million of these funds. H.R. Conf. Rep. No. 106-940, at 6 (2000) (conference report accompanying Pub. L. No. 106-346). The FAA plans to use fiscal year 2001 Facilities and Equipment money to construct the new ATCT as well as to demolish the existing ATCT. DISCUSSION Pursuant to 31 U.S.C. Sec. 1301(a) (1994), appropriated funds may be used only for authorized purposes. Even if a particular expenditure is not specifically provided for in the appropriation act, the expenditure "is permissible if it is reasonably necessary in carrying out an authorized function or will contribute materially to the effective accomplishment of the function, and if it is not otherwise prohibited by law." 66 Comp. Gen. 356 (1987). This concept is known as the "necessary expense doctrine." The necessary expense doctrine does not require that a given expenditure be "necessary" in the strict sense that the expenditure would be the only way to accomplish a given goal, rather that the expenditure will contribute to accomplishing the purposes of the appropriation to be charged. 50 Comp. Gen. 534 (1971). We have held that whether or not a particular expense is necessary in fulfilling an authorized purpose is, in the first instance, a matter of agency discretion. B-223608, Dec. 19, 1988. When we review an expense to determine if it is necessary to fulfill an authorized purpose, we determine whether the expense falls within the agency's legitimate range of discretion, or whether its relationship to an authorized purpose is so attenuated as to take it beyond the range. Id.; 70 Comp. Gen. 720 (1991). The FAA is planning to replace the existing LaGuardia ATCT using funds appropriated for this purpose.