A-87073, JULY 13, 1937, 17 COMP. GEN. 23

A-87073: Jul 13, 1937

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IS AVAILABLE FOR PERSONAL SERVICES IN THE FIELD. THE CHARGING OF A PROPORTIONATE PART OF THE SALARIES OF CLERICAL EMPLOYEES ENGAGED UPON THE RANGE CONSTRUCTION PROGRAM TO THE SPECIAL APPROPRIATION FOR THAT PROGRAM IS UNAUTHORIZED. IS AS FOLLOWS: THE DEPARTMENT OF THE INTERIOR APPROPRIATION ACT FOR 1937 (PUB. 741) EMBRACES THE FOLLOWING ITEM FOR THE DIVISION OF GRAZING: "FOR CONSTRUCTION. THE APPROPRIATION BILL FOR 1938 CONTAINS A SIMILAR ITEM WHICH IS WORDED IN THE SAME WAY. IT IS REQUESTED THAT YOU ADVISE AS TO THE PROPRIETY OF CHARGING A PROPORTIONATE PART OF THE SALARIES OF CLERICAL EMPLOYEES ENGAGED IN THIS WORK TO THE APPROPRIATION INDICATED ABOVE. AN EARLY REPLY WILL BE APPRECIATED. THAT APPROPRIATION WAS MADE FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THE ACT ENTITLED "AN ACT TO STOP INJURY TO THE PUBLIC GRAZING LANDS BY PREVENTING OVERGRAZING AND SOIL DETERIORATION.

A-87073, JULY 13, 1937, 17 COMP. GEN. 23

APPROPRIATIONS - SPECIAL V. GENERAL - GRAZING CONTROL, ETC. - AVAILABILITY FOR PERSONAL SERVICES PAYMENT FOR PERSONAL SERVICES NOT TO EXCEED A SPECIFIED AMOUNT IN THE DISTRICT OF COLUMBIA HAVING BEEN AUTHORIZED BY THE GENERAL APPROPRIATION (49 STAT. 1758) FOR ADMINISTRATIVE EXPENSES FOR THE OPERATION OF THE DIVISION OF GRAZING CONTROL OF THE INTERIOR DEPARTMENT, SAID APPROPRIATION, BY NECESSARY IMPLICATION, IS AVAILABLE FOR PERSONAL SERVICES IN THE FIELD. THE GENERAL APPROPRIATION (49 STAT. 1758) FOR ADMINISTRATIVE EXPENSES FOR THE OPERATION OF THE DIVISION OF GRAZING CONTROL OF THE INTERIOR DEPARTMENT BEING AVAILABLE FOR PERSONAL SERVICES BOTH IN THE DISTRICT OF COLUMBIA AND IN THE FIELD, THE CHARGING OF A PROPORTIONATE PART OF THE SALARIES OF CLERICAL EMPLOYEES ENGAGED UPON THE RANGE CONSTRUCTION PROGRAM TO THE SPECIAL APPROPRIATION FOR THAT PROGRAM IS UNAUTHORIZED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, JULY 13, 1937:

YOUR LETTER OF JUNE 17, 1937, IS AS FOLLOWS:

THE DEPARTMENT OF THE INTERIOR APPROPRIATION ACT FOR 1937 (PUB. 741) EMBRACES THE FOLLOWING ITEM FOR THE DIVISION OF GRAZING:

"FOR CONSTRUCTION, PURCHASE, AND MAINTENANCE OF RANGE IMPROVEMENTS WITHIN GRAZING DISTRICT, PURSUANT TO THE PROVISIONS OF SECTIONS 10 AND 11 OF THE ACT OF JUNE 28, 1934 (48 STAT., P. 1269), AND NOT INCLUDING CONTRIBUTIONS UNDER SECTION 9 OF SAID ACT, $250,000: PROVIDED, THAT EXPENDITURES HEREUNDER IN ANY GRAZING DISTRICT SHALL NOT EXCEED 25 PERCENTUM OF ALL MONEYS RECEIVED UNDER THE PROVISIONS OF SAID ACT FROM SUCH DISTRICT DURING THE FISCAL YEARS 1936 AND 7.'

THE APPROPRIATION BILL FOR 1938 CONTAINS A SIMILAR ITEM WHICH IS WORDED IN THE SAME WAY.

THE WORK IN CONNECTION WITH THIS PROGRAM INVOLVES A CONSIDERABLE AMOUNT OF DETAILS WHICH MUST BE PERFORMED BY CLERKS AT REGIONAL OFFICES OF THE DIVISION. THIS WORK INVOLVES PRINCIPALLY THE MAINTENANCE OF COMPLETE PROJECT RECORDS AND THE HANDLING OF REQUISITIONS, PAY ROLLS, AND VOUCHERS. IT IS REQUESTED THAT YOU ADVISE AS TO THE PROPRIETY OF CHARGING A PROPORTIONATE PART OF THE SALARIES OF CLERICAL EMPLOYEES ENGAGED IN THIS WORK TO THE APPROPRIATION INDICATED ABOVE. AN EARLY REPLY WILL BE APPRECIATED.

EXCEPT FOR THE PROVISION MADE FOR PAYMENT OF A SALARY OF $5 PER DIEM WHILE ACTUALLY EMPLOYED, TO MEMBERS OF ADVISORY COMMITTEES OF LOCAL STOCKMEN, THE GENERAL APPROPRIATION FOR EXPENSES OF THE DIVISION OF GRAZING CONTROL MADE BY THE ACT OF JUNE 22, 1936, 49 STAT. 1758, CONTAINS NO EXPRESS PROVISION FOR PERSONAL SERVICES EITHER IN THE DISTRICT OF COLUMBIA OR IN THE FIELD, BUT DOES CONTAIN, HOWEVER, A LIMITATION AS TO THE AMOUNT WHICH MAY BE EXPENDED FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA. THAT APPROPRIATION WAS MADE FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THE ACT ENTITLED "AN ACT TO STOP INJURY TO THE PUBLIC GRAZING LANDS BY PREVENTING OVERGRAZING AND SOIL DETERIORATION, TO PROVIDE FOR THEIR ORDERLY USE, IMPROVEMENT, AND DEVELOPMENT, TO STABILIZE THE LIVESTOCK INDUSTRY DEPENDENT UPON THE PUBLIC RANGE, AND FOR OTHER PURPOSES," APPROVED JUNE 28, 1934, 48 STAT. 1269. SECTION 2 OF THE LAST CITED ACT PROVIDES, IN PERTINENT PART, THAT:

THE SECRETARY OF THE INTERIOR SHALL MAKE PROVISION FOR THE PROTECTION, ADMINISTRATION, REGULATION, AND IMPROVEMENT OF SUCH GRAZING DISTRICTS AS MAY BE CREATED UNDER THE AUTHORITY OF THE FOREGOING SECTION, AND HE SHALL MAKE SUCH RULES AND REGULATIONS AND ESTABLISH SUCH SERVICE, ENTER INTO SUCH COOPERATIVE AGREEMENTS, AND DO ANY AND ALL THINGS NECESSARY TO ACCOMPLISH THE PURPOSES OF THIS ACT AND TO INSURE THE OBJECTS OF SUCH GRAZING DISTRICTS, NAMELY, TO REGULATE THEIR OCCUPANCY AND USE, TO PRESERVE THE LAND AND ITS RESOURCES FROM DESTRUCTION OR UNNECESSARY INJURY, TO PROVIDE FOR THE ORDERLY USE, IMPROVEMENT, AND DEVELOPMENT OF THE RANGE; * * *

THE HIRE OF PERSONNEL IS A NECESSARY INCIDENT TO THE DOING OF "ANY AND ALL THINGS NECESSARY TO ACCOMPLISH THE PURPOSES" OF THE 1934 ACT. FROM THE FACT THAT THERE IS A LIMITATION IN THE GENERAL APPROPRIATION FOR ADMINISTRATIVE EXPENSES UPON THE AMOUNT WHICH MAY BE EXPENDED FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA IN RESPECT OF THE OPERATION OF THE DIVISION OF GRAZING CONTROL, THE APPROPRIATION, BY NECESSARY IMPLICATION, IS AVAILABLE FOR PERSONAL SERVICES BOTH IN THE DISTRICT OF COLUMBIA AND IN THE FIELD. THE BREAK-DOWN IN THE BUDGET ESTIMATE FOR THE FISCAL YEAR 1937, CONCERNING THE APPROPRIATION FOR THE DIVISION OF GRAZING CONTROL, SHOWS PROVISION WAS MADE FOR 18 PERMANENT EMPLOYEES IN THE DISTRICT OF COLUMBIA, AND FOR THE FIELD SERVICE, 59 PERMANENT EMPLOYEES AND 750 TEMPORARY EMPLOYEES. THE AMOUNT ESTIMATED FOR SUCH PERSONAL SERVICES APPEARS TO HAVE BEEN ADOPTED AND MADE A PART OF THE ENTIRE AMOUNT APPROPRIATED FOR THE DIVISION OF GRAZING CONTROL FOR THE FISCAL YEAR 1937.

ON THE OTHER HAND, THE BUDGET ESTIMATE FOR THE APPROPRIATION ITEM QUOTED IN YOUR LETTER SHOWS NO BREAKDOWN WHATEVER. THIS FACT ESTABLISHES RATHER CONCLUSIVELY THAT SAID APPROPRIATION WAS NOT INTENDED TO PROVIDE FOR PAYMENT OF PERSONAL SERVICES AS SUCH. ON THE CONTRARY, THIS APPROPRIATION IS ESSENTIALLY ONE FOR THE CONSTRUCTION, PURCHASE, AND MAINTENANCE OF RANGE IMPROVEMENTS WITHIN GRAZING DISTRICTS. THE ADMINISTRATIVE EXPENSES- -- INCLUDING THE HIRE OF PERSONNEL--- HAVING BEEN PROVIDED FOR BY NECESSARY IMPLICATION UNDER THE GENERAL APPROPRIATION FOR THE EXPENSES OF THE DIVISION OF GRAZING CONTROL, THE CHARGING OF A PROPORTIONATE PART OF THE SALARIES OF CLERICAL EMPLOYEES ENGAGED UPON THE CONSTRUCTION PROGRAM TO THE CONSTRUCTION APPROPRIATION WOULD INDIRECTLY TEND TO AUGMENT THE GENERAL APPROPRIATION FOR ADMINISTRATIVE EXPENSES AND, UNDER THE WELL ESTABLISHED RULE, IS UNAUTHORIZED. FURTHERMORE, WHERE AN APPROPRIATION IS MADE AND/OR INTENDED FOR A PARTICULAR PURPOSE AND HAS BEEN SO ADMINISTERED BY THE ADMINISTRATIVE OFFICE, THE GENERAL RULE IS THAT ANOTHER APPROPRIATION PROVIDING IN GENERAL TERMS ONLY--- SUCH AS THE CONSTRUCTION APPROPRIATION HERE--- MAY NOT BE USED FOR THE SAME PURPOSE. SEE 10 COMP. GEN. 440. COMPARE, ALSO, 4 COMP. GEN. 476; 7 ID. 400; 11 ID. 238, 313.