B-172259, APR 29, 1971

B-172259, APR 29, 1971

FOREST SERVICE APPROPRIATIONS - PAID INFORMERS ADVISING THAT FOREST SERVICE APPROPRIATIONS UNDER THE PROVISIONS OF 16 U.S.C. 551 WHICH INVOKE THE SECRETARY OF AGRICULTURE RESPONSIBLE FOR PROTECTION AGAINST DESTRUCTION BY FIRES AND DEPREDATIONS UPON PUBLIC FORESTS, MAY BE USED TO PAY INFORMERS AS PART OF THE PROCEDURE BY WHICH VIOLATORS OF THE RULES AND REGULATIONS FOR THE USE OF THE NATIONAL FOREST LANDS ARE APPREHENDED.

TO MR. SECRETARY:

REFERENCE IS MADE TO LETTER OF MARCH 18, 1971, FROM ASSISTANT SECRETARY T. K. COWDEN, REQUESTING OUR DECISION CONCERNING THE AVAILABILITY OF FOREST SERVICE APPROPRIATIONS TO PAY CERTAIN EXPENSES CONNECTED WITH THE PROTECTION OF THE NATIONAL FORESTS.

UNDER THE PROVISIONS OF 16 U.S.C. 551 THE SECRETARY OF AGRICULTURE IS RESPONSIBLE " *** FOR THE PROTECTION AGAINST DESTRUCTION BY FIRES AND DEPREDATIONS UPON THE PUBLIC FORESTS AND NATIONAL FORESTS *** AND HE MAY MAKE SUCH RULES AND REGULATIONS AND ESTABLISH SUCH SERVICE AS WILL INSURE THE OBJECTS OF SUCH RESERVATIONS, NAMELY, TO REGULATE THEIR OCCUPANCY AND USE AND TO PRESERVE THE FORESTS THEREON FROM DESTRUCTION. *** "

IT IS EXPLAINED THAT VIOLATORS OF THE RULES AND REGULATIONS FOR THE USE OF THE NATIONAL FOREST LANDS EACH YEAR CAUSE THOUSANDS UPON THOUSANDS OF DOLLARS DAMAGE TO THE NATIONAL FORESTS. SOME OF THIS DAMAGE OCCURS BY FOREST FIRES WHICH ARE DELIBERATELY SET. OTHER TRESPASS ACTIONS INVOLVE THE THEFT OF GOVERNMENT TIMBER, UNAUTHORIZED OCCUPANCY, AND VANDALISM.

SINCE PREVENTION IS NOT POSSIBLE IN EVERY CASE IT IS STATED THAT YOUR LAW ENFORCEMENT EFFORTS MUST THEN RELY ON APPREHENSION AND PROSECUTION OF THE VIOLATORS. IN SOME CASES THE LEADS TO IDENTIFYING THE CULPRITS ARE VERY SLIM AND CITIZEN COOPERATION IN PROVIDING INFORMATION TOWARD DEVELOPING A COMPLETE CASE MUST BE HEAVILY RELIED ON. IN SOME CASES THE INFORMATION NEEDED IS NOT SPONTANEOUSLY OFFERED OR IS INTENTIONALLY WITHHELD FOR POSSIBLE MONETARY GAIN. THESE POTENTIAL INFORMANTS USUALLY POSSESS INFORMATION WHICH COULD PROVE INVALUABLE TO SUCCESSFUL INVESTIGATION AND IDENTIFICATION AND PROSECUTION OF VIOLATORS.

IN VIEW OF THE FOREGOING, QUESTION IS ASKED WHETHER APPROPRIATIONS FOR THE FOREST SERVICE ARE AVAILABLE TO PAY INFORMERS WHEN IN THE JUDGMENT OF THE INVESTIGATING OFFICER VITAL INFORMATION TO PROTECT THE INTEREST OF THE GOVERNMENT COULD BE OBTAINED.

THE APPROPRIATIONS CURRENTLY AVAILABLE FOR THE FOREST SERVICE ARE CONTAINED IN THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATION ACT, 1971, APPROVED JULY 31, 1970, 84 STAT. 681, WHICH PROVIDES FOR EXPENSES NECESSARY FOR FOREST PROTECTION AND UTILIZATION AND THE APPROPRIATION FOR FOREST LAND MANAGEMENT SPECIFICALLY IS AVAILABLE FOR FIGHTING AND PREVENTING FOREST FIRES.

IN VIEW OF THE MATTERS SET OUT ABOVE IT APPEARS THAT THE PAYMENT OF COMPENSATION TO INFORMERS FOR INFORMATION CONCERNING VIOLATIONS OF THE LAWS OR REGULATIONS RELATING TO THE PROTECTION OF THE NATIONAL FORESTS MAY BE CONSIDERED ESSENTIAL OR NECESSARY - AS DISTINGUISHED FROM HELPFUL OR DESIRABLE - IN THE EFFECTIVE ADMINISTRATION AND ENFORCEMENT OF SUCH LAWS AND REGULATIONS. ACCORDINGLY, AND SINCE THERE APPEARS TO BE NO APPLICABLE PROVISION OF LAW PROHIBITING THE PAYMENT OF COMPENSATION FOR THE FURNISHING OF INFORMATION, WE SEE NO OBJECTION TO THE EXPENDITURE OF FOREST SERVICE APPROPRIATIONS FOR THE PURPOSE OF SECURING INFORMATION ADMINISTRATIVELY DETERMINED TO BE NECESSARY.

A FURTHER QUESTION HAS BEEN RAISED AS TO WHETHER THESE TRANSACTIONS COULD BE HANDLED ON A SPOT CASH BASIS AND REIMBURSED TO THE FOREST OFFICER MAKING PAYMENT, UPON PROPER CERTIFICATION BY HIM AND WITHIN THE ADMINISTRATIVELY PRESCRIBED LIMITATION ON THE AMOUNT WHICH COULD BE PAID AN INFORMER.

WE WOULD HAVE NO OBJECTION TO THE PROCEDURE PROPOSED ABOVE, HOWEVER, THERE IS SUGGESTED FOR YOUR CONSIDERATION THAT CASH FOR PAYMENTS TO INFORMERS COULD BE MADE AVAILABLE FROM IMPREST FUNDS ESTABLISHED IN ACCORDANCE WITH THE REQUIREMENTS OF 7 GAO 27.