A-61704, JULY 26, 1935, 15 COMP. GEN. 76

A-61704, JULY 26, 1935, 15 COMP. GEN. 76

FOREST SERVICE - HIRING OF AUTOMOBILES - MILEAGE - REPAIRS THE HIRING OF AN AUTOMOBILE FROM AN EMPLOYEE OF THE FOREST SERVICE FOR THE USE OF OFFICERS OF THAT SERVICE IN ACCORDANCE WITH REGULATION A-5 OF THE NATIONAL FOREST MANUAL, ISSUED UNDER THE PROVISIONS OF THE ACT OF JANUARY 31, 1931, 46 STAT. 1052, DOES NOT AUTHORIZE THE HIRING OF THE PROPERTY FOR USE BY THE EMPLOYEE-OWNER. THE EMPLOYEE-OWNER WHILE HAVING A VALID CONTRACT FOR THE USE OF HIS AUTOMOBILE BY OFFICERS OF THE FOREST SERVICE OTHER THAN HIMSELF, ACQUIRED NO RIGHTS UNDER THE CONTRACT WHEN PERSONALLY USING THE AUTOMOBILE ON OFFICIAL TRAVEL, THE PROVISIONS OF THE ACT OF JANUARY 31, 1931, SUPRA, AUTHORIZING REIMBURSEMENT FOR LOSS, DAMAGE, OR DESTRUCTION NOT BEING APPLICABLE TO DAMAGE TO THE AUTOMOBILE OF AN EMPLOYEE-OWNER WHEN BEING USED ON OFFICIAL BUSINESS BY HIMSELF. THE ALLOWANCE OF MILEAGE TO AN EMPLOYEE FOR THE USE OF HIS PERSONALLY OWNED AUTOMOBILE PRECLUDES ANY ADDITIONAL ALLOWANCE FOR REPAIRS INCIDENT TO SUCH TRAVEL.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 26, 1935:

H. L. REDLINGSHAFER, REGIONAL FISCAL AGENT, DEPARTMENT OF AGRICULTURE, JUNEAU, ALASKA, REQUESTED, ON MARCH 5, 1935, REVIEW OF THE ACTION OF THIS OFFICE IN DISALLOWING CREDIT IN HIS JANUARY 1934 ACCOUNTS, FOR AN ITEM OF $92.25 PAID ON VOUCHER NO. 2357 TO WILLIAM HOLBROOK, ADMINISTRATIVE ASSISTANT, FOREST SERVICE, AS REIMBURSEMENT FOR THE COST OF REPAIRS MADE TO AN AUTOMOBILE OWNED BY MR. HOLBROOK WHICH WAS DAMAGED WHILE BEING USED BY HIM IN CONNECTION WITH HIS OFFICIAL DUTIES.

THE RECORD DISCLOSES THAT ON AUGUST 6, 1933, WHILE PROCEEDING FROM POINT LOUISA, ALASKA, ALONG GLACIER HIGHWAY TO THE GELSINGER RANCH TO KEEP AN OFFICIAL APPOINTMENT WITH AN ASSISTANT REGIONAL FORESTER, A GREEN HEMLOCK TREE, APPARENTLY LOOSENED BY HEAVY RAINS, FELL ACROSS THE HIGHWAY SOME 25 TO 30 FEET IN FRONT OF THE AUTOMOBILE IN WHICH MR. HOLBROOK AND NORMAN C. BANFIELD WERE RIDING, SO CLOSE THAT IT WAS NOT POSSIBLE TO STOP THE MACHINE, WHICH WAS MOVING AT APPROXIMATELY 30 MILES AN HOUR, IN TIME TO AVOID A COLLISION WITH THE FALLEN TREE, RESULTING IN DAMAGE TO THE CAR IN THE AMOUNT OF $92.25.

IT IS CONTENDED THAT AT THE TIME OF THE ACCIDENT THE CAR WAS BEING USED BY MR. HOLBROOK UNDER A CONTRACT DATED FEBRUARY 8, 1933, ENTERED INTO IN ACCORDANCE WITH REGULATION A-5 OF THE NATIONAL FOREST MANUAL, THE CONTRACT AND THE REGULATION BOTH PURPORTING TO PROVIDE FOR THE ALLOWANCE OF CLAIMS FOR DAMAGES TO PRIVATELY OWNED PROPERTY WHILE IN THE POSSESSION OF THE FOREST SERVICE FOR OFFICIAL USE UNDER THE PROVISIONS OF THE ACT OF JANUARY 31, 1931, 46 STAT. 1052. SAID ACT PROVIDES AS FOLLOWS:

THE SECRETARY OF AGRICULTURE IS AUTHORIZED, UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE:

(A) TO HIRE OR RENT PROPERTY FROM EMPLOYEES OF THE FOREST SERVICE FOR THE USE OF OFFICERS OF THAT SERVICE OTHER THAN USE BY THE EMPLOYEE FROM WHOM HIRED OR RENTED, WHENEVER THE PUBLIC INTEREST WILL BE PROMOTED THEREBY: PROVIDED: THAT THE AGGREGATE AMOUNT TO BE PAID PERMANENT EMPLOYEES UNDER AUTHORIZATION OF THIS SUBSECTION, EXCLUSIVE OF OBLIGATIONS OCCASIONED BY FIRE EMERGENCIES, SHALL NOT EXCEED $3,000 IN ANY ONE YEAR.

(B) TO PROVIDE FORAGE, CARE, AND HOUSING FOR ANIMALS, AND STORAGE FOR VEHICLES AND OTHER EQUIPMENT OBTAINED BY THE FOREST SERVICE FOR THE USE OF THAT SERVICE FROM EMPLOYEES.

(C) TO REIMBURSE OWNERS FOR LOSS, DAMAGE, OR DESTRUCTION OF HORSES, VEHICLES, AND OTHER EQUIPMENT OBTAINED BY THE FOREST SERVICE FOR THE USE OF THAT SERVICE FROM EMPLOYEES OR OTHER PRIVATE OWNERS: PROVIDED, THAT PAYMENTS OR REIMBURSEMENTS HEREIN AUTHORIZED MAY BE MADE FROM THE APPLICABLE APPROPRIATIONS FOR THE SERVICE: AND PROVIDED FURTHER, THAT EXCEPT FOR FIRE-FIGHTING EMERGENCIES NO REIMBURSEMENT HEREIN AUTHORIZED SHALL BE MADE IN AN AMOUNT IN EXCESS OF $50 IN ANY CASE UNLESS SUPPORTED BY A WRITTEN CONTRACT OF HIRE OR LEASE.

IT IS TO BE NOTED THAT PARAGRAPH (A) OF THE ACT, SUPRA, AUTHORIZES THE HIRING OR RENTING OF PROPERTY FROM EMPLOYEES OF THE FOREST SERVICE FOR THE USE OF OFFICERS OF THAT SERVICE, BUT DOES NOT AUTHORIZE THE HIRING OR RENTING OF THE PROPERTY FOR USE BY THE EMPLOYEE FROM WHOM HIRED OR RENTED. IT APPEARS CLEAR, THEREFORE, THAT IN THE INSTANT CASE MR. HOLBROOK, THE EMPLOYEE-OWNER OF THE AUTOMOBILE IN QUESTION, WHILE HAVING A VALID CONTRACT FOR THE USE OF HIS AUTOMOBILE BY OFFICERS OF THE FOREST SERVICE OTHER THAN HIMSELF, ACQUIRED NO RIGHTS UNDER THE CONTRACT WHEN USING THE AUTOMOBILE HIMSELF EVEN THOUGH HE WAS USING IT TO PERFORM OFFICIAL TRAVEL, AND THE PROVISIONS OF THE ACT OF JANUARY 31, 1931, SUPRA, AUTHORIZING REIMBURSEMENT TO OWNERS FOR LOSS, DAMAGE OR DESTRUCTION OF HORSES, VEHICLES, AND OTHER EQUIPMENT OBTAINED BY THE FOREST SERVICE FOR THE USE OF THAT SERVICE FROM EMPLOYEES OR OTHER PRIVATE OWNERS, IS, IN VIEW OF THE PROVISIONS OF PARAGRAPH (A) OF SAID ACT NOT APPLICABLE TO DAMAGES TO THE AUTOMOBILE OF EMPLOYEE-OWNER RESULTING FROM AN ACCIDENT WHILE THE AUTOMOBILE WAS BEING USED BY HIMSELF ON OFFICIAL BUSINESS.

UNDER THE GENERAL TRAVEL AUTHORIZATION OF JULY 1, 1933, THE EMPLOYEE WAS GIVEN AUTHORITY TO USE HIS PERSONALLY OWNED AUTOMOBILE IN THE PERFORMANCE OF OFFICIAL TRAVEL IN ALASKA, MILEAGE TO BE ALLOWED AT THE RATE OF FIVE CENTS PER MILE. IT HAS BEEN HELD, HOWEVER, THAT THE ALLOWANCE OF MILEAGE TO AN EMPLOYEE FOR THE USE OF HIS PERSONALLY OWNED AUTOMOBILE ON OFFICIAL TRAVEL PRECLUDES ANY ADDITIONAL ALLOWANCE FOR REPAIRS THERETO INCIDENT TO SUCH TRAVEL. 7 COMP. GEN. 284.

ACCORDINGLY, THE DISALLOWANCE OF CREDIT IN THE REGIONAL FISCAL AGENT'S ACCOUNT WAS CORRECT AND MUST BE AND IS SUSTAINED.