B-37344 October 14, 1944

B-37344 October 14, 1944

Mr. S.E. Schoonover, Authorized Certifying Officer, United States Forest Service, Department of Agriculture, 623 North 2nd Street, Milwaukee, Wisconsin.

Dear Mr. Schoonover:

I have your letter of August 26, 1943, as follows:

"Attached is voucher in favor of College Athletic Supply Co. in the amount of $34.50, covering purchase of athletic equipment for use in a Government operated field camp on the Superior National Forest, which voucher was presented to me for certification.

The appropriation from which this purchase is contemplated to be paid is as follows:

1242245(11).020 White Pine Blister Rust Control, Department of Agriculture, 1944 (F.S.), Blister Rust Control, Forest Service.

"This appropriation is contained in the act making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1944, Public Law 129, 78th Congress, approved July 12, 1943. There is also attached to the voucher in administrative statement from the Acting Forest Supervisor, explaining in detail the official necessity for making the purchase.

"Your opinion is respectfully requested as to whether or not this is a proper charge against the appropriation indicated so as to enable me to approve the voucher as an authorized certifying officer."

The enclosed voucher covers the purchase of basket balls, base balls and bats, and footballs. The explanatory statement of the Acting Forest Supervisor is as follows:

"This equipment is needed to provide recreational facilities at two Blister Rust camps located on the Superior national Forest.

Both of these camps are located more than one hour's drive from any community providing recreational facilities. The peculiar labor situation nor existing has restricted our choice of workers to such an extent we must recruit our employees from high school students in the larger towns such as Duluth.

"The average age of members of our Blister Pest Control crews is about seventeen years. These boys must have some activity to occupy their leisure hours. We have found lack of recreational facilities has created boredom and has been a factor in causing a large labor turnover.

"We must maintain adequate crews not only to satisfactorily carry on our Blister Rust Control work but also to provide fire fighters in an area where man power is not available. It is dangerous from a fire control standpoint to let our crews become too weak, and expensive to be continually training new men.

"A highly competitive labor market now exists in the vicinity of the Superior National Forest. This equipment is necessary in order to aid us in maintaining a crew under the competitive conditions now existing, and to properly accomplish the project work for which the appropriation was made."

The appropriation for white pine blister rust control, act of July 12, 1943, Public Law 129, provides as follows:

"For expenses necessary to enable the Secretary to carry out the purposes of the Act entitled "An Act for forest protection against the white pine blister rust', approved April 26, 1940 (16 U.S.C. 594a), and in accordance with the provisions thereof, including the employment of persons and means in the District of Columbia and elsewhere, $1,900,000; of which amount $170,747 shall be available to the Department of the Interior for control of white pine blister rust on or endangering Federal lands under the jurisdiction of that Department or lands of Indian tribes which are under the jurisdiction of or retained under restrictions of the United States; $1,018,160 of said amount to the Forest Service for the control of white pine blister rust on or endangering lands under its jurisdiction; and $711,093 of said amount to the Bureau of Anthology and Plant Quarantine for leadership and general coordination of the entire program, method development, and for operation conducted under its direction for such control, including, but not confined to, cooperation with individual States, local authorities and private agencies in the control of white pine blister rust on or endangering State and privately owned lands. "

Section 3678, Revised Statutes, provides:

"All sums appropriated for the various branches of expenditure in the public service shall be applied solely to the objects for which they are respectively made, and for no others."

In the decision of this office 18 Comp. Gen. 147, involving a somewhat similar matter, it was held, quoting from the syllabus:

"The use of appropriated funds for the furnishing of recreational and entertainment facilities for Government personnel is unauthorized in the absence of specific statutory authority or authority by necessary implication, notwithstanding it may be highly desirable to furnish such facilities because of the absence thereof otherwise and the location of the work--in this case, a river and harbor appropriation project at Midway Island."

There appears to be nothing in the above appropriation or in the basis act of April 26, 1940, 54 Stat. 168, therein referred to, which could be considered as making the appropriation available for the recreational equipment such as covered by the voucher. While the furnishing of such equipment may be highly desirable, particularly under the conditions set forth in the statement of the Acting Regional Forester, they constitute expenses which are personal to the employee rather than chargeable to appropriated funds. Accordingly, on the present research, you are not authorized to certify for payment the voucher which is herewith returned.

Respectfully,

Comptroller General of the United States

Enclosure