A-82570, B-120739, AUG. 21, 1957
Highlights
OUR OFFICE HELD THAT RANGE IMPROVEMENT FUNDS WERE AVAILABLE FOR THIS PURPOSE AND THAT THE BUREAU OF LAND MANAGEMENT HAS CONTINUED TO MAKE FUNDS AVAILABLE TO THE FISH AND WILDLIFE SERVICE FOR THE CONTROL OF PREDATORS AND RODENTS. SINCE "PROTECTION" IS INCLUDED IN THE WORD "MAINTENANCE.'. THE QUESTION IS SAID TO HAVE ARISEN IN VIEW OF DECISION B- 120739. WHICH HOLDS THAT A GENERAL APPROPRIATION TO ONE AGENCY WHICH WOULD NORMALLY BE AVAILABLE FOR A PURPOSE IS NOT CONSIDERED SO AVAILABLE IF AN APPROPRIATION IS MADE TO ANOTHER AGENCY FOR THAT SPECIFIC PURPOSE. THE FISH AND WILDLIFE SERVICE WAS ESTABLISHED JUNE 30. THE NATIONAL POLICY WITH RESPECT TO FISH AND WILDLIFE IS ESTABLISHED BY THE PROVISION OF PUBLIC LAW 1024.
A-82570, B-120739, AUG. 21, 1957
TO THE SECRETARY OF THE INTERIOR:
ON JULY 26, 1957, THE ADMINISTRATIVE ASSISTANT SECRETARY OF INTERIOR REQUESTED OUR DECISION WHETHER THE FUNDS APPROPRIATED TO THE BUREAU OF LAND MANAGEMENT UNDER THE TITLES "MANAGEMENT OF LANDS AND RESOURCES" AND "RANGE IMPROVEMENTS" MAY BE USED TO REIMBURSE THE BUREAU OF SPORT FISHERIES AND WILDLIFE FOR CONTROL OF PREDATORY ANIMALS AND RODENTS ON PUBLIC DOMAIN LANDS. THE LETTER STATES THAT BY DECISION A-82570 DATED DECEMBER 30, 1936, OUR OFFICE HELD THAT RANGE IMPROVEMENT FUNDS WERE AVAILABLE FOR THIS PURPOSE AND THAT THE BUREAU OF LAND MANAGEMENT HAS CONTINUED TO MAKE FUNDS AVAILABLE TO THE FISH AND WILDLIFE SERVICE FOR THE CONTROL OF PREDATORS AND RODENTS. THE PRESENT REQUEST FOR A DECISION ASKS, IN EFFECT, WHETHER FUNDS UNDER THE TITLE ,MANAGEMENT OF LANDS AND RESOURCES" MAY BE INCLUDED IN THE AUTHORIZATION SET OUT IN A 82570, BASED ON THE ANALOGOUS GENERAL MEANING OF THE WORDS "PROTECTION" AS USED IN THE MANAGEMENT OF LANDS AND RESOURCES TITLE AND "MAINTENANCE" AS USED IN THE RANGE IMPROVEMENTS TITLE, SINCE "PROTECTION" IS INCLUDED IN THE WORD "MAINTENANCE.' THE QUESTION IS SAID TO HAVE ARISEN IN VIEW OF DECISION B- 120739, DATED NOVEMBER 22, 1954 (34 COMP. GEN. 236), WHICH HOLDS THAT A GENERAL APPROPRIATION TO ONE AGENCY WHICH WOULD NORMALLY BE AVAILABLE FOR A PURPOSE IS NOT CONSIDERED SO AVAILABLE IF AN APPROPRIATION IS MADE TO ANOTHER AGENCY FOR THAT SPECIFIC PURPOSE.
THE FISH AND WILDLIFE SERVICE WAS ESTABLISHED JUNE 30, 1940, BY REORGANIZATION PLAN III (54 STAT. 1252; 5 U.S.C. 133T), BY CONSOLIDATION OF THE BUREAU OF FISHERIES AND THE BUREAU OF BIOLOGICAL SURVEY. FURTHER, THE NATIONAL POLICY WITH RESPECT TO FISH AND WILDLIFE IS ESTABLISHED BY THE PROVISION OF PUBLIC LAW 1024, 70 STAT. 1119, WHICH REORGANIZES THE FISH AND WILDLIFE SERVICE. THE CENTRAL OBJECTIVE OF ALL FISH AND WILDLIFE SERVICE PROGRAMS IS TO INSURE THE CONSERVATION OF THE NATION'S WILD BIRDS, MAMMALS, FISHES, AND OTHER FORMS OF WILDLIFE (BOTH FOR THEIR RECREATIONAL AND ECONOMIC VALUES), WITH A VIEW TO PREVENTING THE DESTRUCTION OR DEPLETION OF THESE NATURAL RESOURCES, AND TO PROMOTE THE MAXIMUM PRESENT USE AND ENJOYMENT OF THE WILDLIFE RESOURCES THAT IS COMPATIBLE WITH THEIR PERPETUITY. A CONCOMITANT FUNCTION AUTHORIZED FOR THE SERVICE HAS BEEN THE CONTROL OF MAMMALS THAT ARE INJURIOUS TO PRODUCTS OF THE SOIL, WILD ANIMALS ENDANGERING MEN OR DOMESTIC ANIMALS THROUGH RABIES AND OTHER DISEASES, AND PREDATORS DESTRUCTIVE OF LIVESTOCK. THIS WORK IS HIGHLY SPECIALIZED REQUIRING THE SERVICES OF TRAINED EMPLOYEES AND HUNTERS AND IS UNDERTAKEN ONLY AFTER CAREFUL INVESTIGATION SO THAT IT MAY BE ACCOMPLISHED WITH THE MINIMUM DAMAGE TO BENEFICIAL ANIMALS AND OTHER RESOURCES. THE CONTROL OF PREDATORS AND RODENTS IS A SPECIFIC RESPONSIBILITY OF THE BUREAU OF SPORTS FISHERIES AND WILDLIFE.
THE BUREAU OF LAND MANAGEMENT WAS ESTABLISHED ON JULY 16, 1946, BY CONSOLIDATION OF THE GENERAL LAND OFFICE (CREATED IN 1812) AND THE GRAZING SERVICE (FORMED IN 1934) IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 402 AND 403 OF THE PRESIDENT'S REORGANIZATION PLAN 3 OF 1946 (5 U.S.C. 133Y- 16). THE BUREAU MANAGES THE LAND AND MINERAL RESOURCES OF SOME 456 MILLION ACRES STILL IN FEDERAL OWNERSHIP. THE BASIC OBJECTIVE OF THIS MANAGEMENT IS THE PROTECTION AND PROPER USE AND IMPROVEMENT OF THE LANDS AND ITS RELATED RESOURCES.
AS POINTED OUT IN THE ASSISTANT SECRETARY'S LETTER WE HELD (A-82570, DECEMBER 30, 1936) THAT PREDATOR AND RODENT CONTROL PROPERLY COULD BE PAID FOR OUT OF RANGE IMPROVEMENT FUNDS, IF ADMINISTRATIVELY FOUND TO BE NECESSARY IN THE MAINTENANCE OF GRAZING LANDS UNDER THE TAYLOR ACT.
WE CONSIDER THE PROTECTION OF PUBLIC LANDS TO BE A PART OF THE MAINTENANCE OF SUCH LANDS, SINCE MAINTENANCE REQUIRES PROTECTION AS PART OF ITS EFFECTUATION. MANAGEMENT OF LANDS AND RESOURCES INVOLVES THE TAKING OF NECESSARY PROTECTIVE MEASURES TO CONSERVE AND IMPROVE THE NATURAL RESOURCES. PREDATOR AND RODENT CONTROL MAY ADMINISTRATIVELY BE DETERMINED TO BE SUCH A NECESSARY PROTECTIVE MEASURE.
THE BUREAU OF LAND MANAGEMENT MUST OVERSEE AND DIRECT ANY PREDATOR AND RODENT CONTROL WORK ON LANDS UNDER THEIR JURISDICTION AND THE NATURE OF SUCH WORK REQUIRES CLOSE COOPERATION WITH THE BUREAU OF SPORTS FISHERIES AND WILDLIFE SERVICE IN MEETING THE RESPONSIBILITIES OF THEIR AUTHORIZATIONS AGAINST A COMMON PROBLEM.
THE QUESTION SEEMS TO BE NOT ONE INVOLVING THE USE OF A GENERAL APPROPRIATION FUND WHERE A SPECIFIC APPROPRIATION FUND IS AVAILABLE FOR THE SAME PURPOSE BUT WHETHER THE FUNCTION OF PROTECTION OF THE PUBLIC LANDS UNDER LANDS MANAGEMENT JURISDICTION MIGHT REASONABLY INCLUDE CONTROL OF RODENTS AND PREDATORY ANIMALS. WE BELIEVE THAT IT DOES.
THEREFORE, IF THE BUREAU OF LAND MANAGEMENT DETERMINES THAT PREDATOR CONTROL ON PUBLIC LANDS IS A NECESSARY INCIDENT TO THE PROTECTION OF SUCH LANDS, IT MAY PROCURE UNDER AUTHORITY OF SECTION 601 OF PUBLIC LAW 212, 47 STAT. 417, 418, PREDATOR CONTROL SERVICES FROM THE BUREAU OF SPORTS FISHERIES AND WILDLIFE WHICH, WE UNDERSTAND, IS STAFFED AND EQUIPPED TO FURNISH SUCH SERVICES.
WE HAVE INFORMALLY ASCERTAINED FROM THE BUREAU OF LAND MANAGEMENT THAT THIS DECISION IS FOR FUTURE GUIDANCE AND CONCERNS NO QUESTION OF OBLIGATING APPROPRIATED FUNDS FOR THE YEAR OF 1957, THAT YEAR BEING USED IN THE ASSISTANT SECRETARY'S LETTER AS AN EXAMPLE ONLY.