A-29087, OCTOBER 24, 1929, 9 COMP. GEN. 166

A-29087: Oct 24, 1929

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APPROPRIATIONS - SPECIFIC - FOREST SERVICE - SALE AND DISPOSITION OF LIVESTOCK AS THE MAINTENANCE OF A HERD OF LONG-HORNED CATTLE IS NOT ORDINARILY A FUNCTION CONNECTED WITH THE ADMINISTRATION OF THE FOREST SERVICE. IF THE APPROPRIATIONS OF THAT SERVICE ARE TO CONTINUE TO BE USED FOR THAT PURPOSE SPECIFIC PROVISION THEREFOR SHOULD BE CONTINUED IN THE APPROPRIATION FROM YEAR TO YEAR. ARE NOT AVAILABLE FOR EXPENSES OF MAINTAINING THE HERD IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY THEREFOR. SINCE THE MAINTENANCE OF THIS HERD OF CATTLE IS A NECESSARY PHASE OF THE ADMINISTRATION OF THE WICHITA NATIONAL FOREST AND IN VIEW OF THE GENERAL ADMINISTRATIVE AUTHORITY CONTAINED IN THE SALARIES AND GENERAL EXPENSE APPROPRIATION OF THE FOREST SERVICE.

A-29087, OCTOBER 24, 1929, 9 COMP. GEN. 166

APPROPRIATIONS - SPECIFIC - FOREST SERVICE - SALE AND DISPOSITION OF LIVESTOCK AS THE MAINTENANCE OF A HERD OF LONG-HORNED CATTLE IS NOT ORDINARILY A FUNCTION CONNECTED WITH THE ADMINISTRATION OF THE FOREST SERVICE, IF THE APPROPRIATIONS OF THAT SERVICE ARE TO CONTINUE TO BE USED FOR THAT PURPOSE SPECIFIC PROVISION THEREFOR SHOULD BE CONTINUED IN THE APPROPRIATION FROM YEAR TO YEAR. RECEIPTS FROM THE SALE OF SURPLUS LONG-HORNED CATTLE MAINTAINED IN THE WICHITA NATIONAL FOREST BY THE FOREST SERVICE MUST BE COVERED INTO THE TREASURY AS MISCELLANEOUS RECEIPTS, AS REQUIRED BY SECTIONS 3617 AND 3618 OF THE REVISED STATUTES, AND ARE NOT AVAILABLE FOR EXPENSES OF MAINTAINING THE HERD IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY THEREFOR.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, OCTOBER 24, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 8, 1929, AS FOLLOWS:

IN THE FOREST SERVICE SECTION OF THE AGRICULTURAL APPROPRIATION ACT FOR THE FISCAL YEAR 1928 THE FOLLOWING PROVISO APPEARS:

"PROVIDED, THAT NOT TO EXCEED $3,000.00 OF THE SUM APPROPRIATED IN THIS PARAGRAPH SHALL BE EXPENDED FOR THE PURCHASE AND MAINTENANCE OF A HERD OF LONG-HORNED OR SPANISH BREED OF CATTLE FOR THE WICHITA NATIONAL FOREST IN OKLAHOMA TO THE END THAT THE PRESENT COMPARATIVELY FEW LIVING EXAMPLES OF THIS HISTORIC BREED OF CATTLE MAY BE PRESERVED FROM COMPLETE EXTINCTION.'

THE 1929 AND 1930 APPROPRIATION ACTS INCLUDE AUTHORIZATIONS READING:

"PROVIDED, THAT NOT TO EXCEED $500.00 OF THIS APPROPRIATION MAY BE EXPENDED FOR THE MAINTENANCE OF THE HERD OF LONG-HORNED CATTLE ON THE WICHITA NATIONAL FOREST.'

SINCE THE MAINTENANCE OF THIS HERD OF CATTLE IS A NECESSARY PHASE OF THE ADMINISTRATION OF THE WICHITA NATIONAL FOREST AND IN VIEW OF THE GENERAL ADMINISTRATIVE AUTHORITY CONTAINED IN THE SALARIES AND GENERAL EXPENSE APPROPRIATION OF THE FOREST SERVICE, OF WHICH THE PROVISO IN QUESTION IS A PART, THE QUESTION HAS ARISEN RESPECTING THE NECESSITY OF CONTINUING THIS SPECIFIC AUTHORIZATION IN THE BILLS FOR THE FISCAL YEAR 1931 AND SUBSEQUENT YEARS. EXPENDITURES ARE INVOLVED SUCH AS THE PURCHASE OF HAY, OIL CAKE, VACCINE, SALT, AND OTHER MISCELLANEOUS ITEMS.

THE HERD OF LONG-HORNED CATTLE PURCHASED IN THE FISCAL YEAR 1928 CONSISTED OF 30 ANIMALS. IT HAS SINCE GROWN TO APPROXIMATELY 60 ANIMALS AND IT IS PROPOSED TO BUILD THE HERD UP THROUGH NATURAL INCREASE TO NUMBER APPROXIMATELY 200. WHEN THIS POINT IS REACHED THE SURPLUS WILL BE DISPOSED OF BY SALE, AND THE FOREST SERVICE ESTIMATES THAT THE ANNUAL REVENUE FROM THESE SURPLUS ANIMALS WILL RETURN TO THE GOVERNMENT A SUM EQUAL TO THE COST OF MAINTAINING THE ENTIRE HERD.

YOUR ADVICE IN THIS MATTER WILL BE APPRECIATED.

AS THE MAINTENANCE OF A HERD OF CATTLE IS NOT ORDINARILY A FUNCTION CONNECTED WITH THE ADMINISTRATION OF A NATIONAL FOREST AND AS THESE LONG- HORNED CATTLE COULD HARDLY BE CLASSIFIED AS ,GAME," FOR THE CARE OF WHICH THE APPROPRIATION SPECIFICALLY PROVIDES, I HAVE TO ADVISE THAT IF THE APPROPRIATIONS FOR THE FOREST SERVICE ARE TO CONTINUE TO BE USED FOR THAT PURPOSE SPECIFIC PROVISION THEREFOR SHOULD BE CONTINUED IN THE APPROPRIATION FROM YEAR TO YEAR. HOWEVER, IF THE CONGRESS SHOULD SO ELECT, THIS COULD BE DONE BY MERELY INSERTING AN APPROPRIATE PLACE IN THE APPROPRIATION ACT THE PHRASE "INCLUDING THE MAINTENANCE OF THE HERD OF LONG-HORNED CATTLE ON THE WICHITA NATIONAL FOREST.' SUCH A CHANGE IN THE WORDING OF THE APPROPRIATION WOULD AVOID THE NECESSITY OF KEEPING A SEPARATE ACCOUNT OF EXPENDITURES FOR THE MAINTENANCE OF THE HERD.

IT IS NOTED THAT THE FOREST SERVICE CONTEMPLATES A SALE OF SURPLUS CATTLE FROM TIME TO TIME AND ESTIMATES THAT THE REVENUE THEREFROM WILL RETURN TO THE GOVERNMENT A SUM EQUAL TO THE COST OF MAINTENANCE OF THE ENTIRE HERD. IN THIS CONNECTION IT MAY BE PROPER TO STATE AT THIS TIME THAT, IN THE ABSENCE OF SPECIFIC LEGISLATION TO THE CONTRARY, ANY AND ALL RECEIPTS FROM THE SALE OF SURPLUS STOCK WOULD BE REQUIRED UNDER SECTIONS 3617 AND 3618, REVISED STATUTES, TO BE COVERED INTO THE TREASURY AS MISCELLANEOUS RECEIPTS AND WOULD NOT BE AVAILABLE FOR MAINTENANCE EXPENSES IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY FOR SUCH USE. SEE DECISION OF MARCH 29, 1927, A-17800, TO THE SECRETARY OF THE NAVY.