Skip to main content

B-179162, NOV 8, 1973, 53 COMP GEN 328

B-179162 Nov 08, 1973
Jump To:
Skip to Highlights

Highlights

ETC FUNDS APPROPRIATED OR MADE AVAILABLE TO THE FOREST SERVICE FOR CONSTRUCTION AND MAINTENANCE OF FOREST ROADS AND TRAILS TO CARRY OUT THE PROVISIONS OF 23 U.S.C. 205 AND 16 U.S.C. 501 MAY NOT BE USED TO CLOSE SUCH ROADS AND TRAILS OR RETURN THEM TO A NATURAL STATE FOR PURSUANT TO 31 U.S.C. 628 APPROPRIATION ARE REQUIRED TO BE APPLIED SOLELY TO THE OBJECTS FOR WHICH THEY ARE MADE UNLESS OTHERWISE PROVIDED BY LAW. "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. IT DOES NOT APPEAR THAT THE PROVISIONS OF 23 U.S.C. 203 ARE RELEVANT TO THE ISSUE PRESENTED. TO BE EXPENDED BY THE SECRETARY OF AGRICULTURE FOR THE CONSTRUCTION AND MAINTENANCE OF ROADS AND TRAILS WITHIN THE NATIONAL FORESTS IN THE STATES FROM WHICH SUCH PROCEEDS ARE DERIVED ***.

View Decision

B-179162, NOV 8, 1973, 53 COMP GEN 328

AGRICULTURE DEPARTMENT - FOREST SERVICE - ROADS AND TRAILS - APPROPRIATION AVAILABILITY FOR CLOSING, ETC FUNDS APPROPRIATED OR MADE AVAILABLE TO THE FOREST SERVICE FOR CONSTRUCTION AND MAINTENANCE OF FOREST ROADS AND TRAILS TO CARRY OUT THE PROVISIONS OF 23 U.S.C. 205 AND 16 U.S.C. 501 MAY NOT BE USED TO CLOSE SUCH ROADS AND TRAILS OR RETURN THEM TO A NATURAL STATE FOR PURSUANT TO 31 U.S.C. 628 APPROPRIATION ARE REQUIRED TO BE APPLIED SOLELY TO THE OBJECTS FOR WHICH THEY ARE MADE UNLESS OTHERWISE PROVIDED BY LAW, AND ACCORDING TO THE DEFINITIONS OF "CONSTRUCTION" AND "MAINTENANCE" IN 23 U.S.C. 101(A), THE LEGISLATIVE PURPOSE OF BOTH 23 U.S.C. 205(A) AND 16 U.S.C. 501 PERTAINS TO THE DEVELOPMENT AND PRESERVATION OF FOREST ROADS AND TRAILS AND NOT TO THEIR LIQUIDATION. HOWEVER, ROAD FUNDS MAY BE USED TO RETURN ABANDONED ROAD SITES TO THEIR NATURAL STATE IN ORDER TO PREVENT FUTURE PUBLIC USAGE OR TO AMELIORATE DAMAGE TO THE LAND, BUT THE FUNDS MAY NOT BE USED TO CONVERT THE LAND TO OTHER USES.

TO THE SECRETARY OF AGRICULTURE, NOVEMBER 8, 1973:

BY LETTER OF JULY 11, 1973, THE ASSISTANT SECRETARY FOR CONSERVATION, RESEARCH AND EDUCATION REQUESTED OUR DECISION AS TO WHETHER (1) FUNDS APPROPRIATED TO CARRY OUT THE PROVISIONS OF SECTION 205 OF THE ACT OF AUGUST 27, 1958, 72 STAT. 907, AS AMENDED, 23 U.S.C. 205, OR (2) FUNDS MADE AVAILABLE FOR THE CONSTRUCTION AND MAINTENANCE OF ROADS AND TRAILS WITHIN THE NATIONAL FORESTS BY CHAPTER 145 OF THE ACT OF MARCH 4, 1913, 37 STAT. 843, 16 U.S.C. 501, MAY BE UTILIZED FOR CLOSING AND, IN SOME INSTANCES, OBLITERATING ABANDONED NATIONAL FOREST SYSTEM ROADS AND (3) WHETHER WE WOULD BE REQUIRED TO OBJECT TO THE USE OF THE FUNDS DESCRIBED ABOVE FOR THE PURPOSE OF RETURNING ABANDONED ROAD SITES TO A NEW NATURAL STATE WHEN NECESSARY TO PREVENT FUTURE PUBLIC USAGE OR TO AMELIORATE DAMAGE TO THE LAND.

UNDER THE PROVISIONS OF 31 U.S.C. 628, AND EXCEPT AS OTHERWISE PROVIDED BY LAW, "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."

THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATION ACT, 1974, PUBLIC LAW 93-120, 87 STAT. 429, READS, IN PART, AT 87 STAT. 441, AS FOLLOWS:

FOREST ROADS AND TRAILS (LIQUIDATION OF CONTRACT AUTHORITY)

FOR EXPENSES NECESSARY FOR CARRYING OUT THE PROVISIONS OF TITLE 23, U.S.C. SECTIONS 203 AND 205, RELATING TO THE CONSTRUCTION AND MAINTENANCE OF FOREST DEVELOPMENT ROADS AND TRAILS, $90,700,000, TO REMAIN AVAILABLE UNTIL EXPENDED, FOR LIQUIDATION OF OBLIGATIONS INCURRED PURSUANT TO AUTHORITY CONTAINED IN TITLE 23, U.S.C. SECTION 203: PROVIDED, THAT FUNDS AVAILABLE UNDER THE ACT OF MARCH 4, 1913 (16 U.S.C. 501) SHALL BE MERGED WITH AND MADE A PART OF THIS APPROPRIATION.

THIS APPROPRIATION ACT SPECIFICALLY PROVIDES FUNDS FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SECTIONS 203 AND 205 OF TITLE 23 OF THE U.S.C. RELATING TO "THE CONSTRUCTION AND MAINTENANCE OF FOREST DEVELOPMENT ROADS AND TRAILS." ALSO IT PROVIDES FOR THE MERGER OF THE FUNDS AVAILABLE UNDER THE ACT OF MARCH 4, 1913, WITH THE APPROPRIATION FOR CARRYING OUT THE PROVISIONS OF SECTIONS 203 AND 205 OF TITLE 23. IT DOES NOT APPEAR THAT THE PROVISIONS OF 23 U.S.C. 203 ARE RELEVANT TO THE ISSUE PRESENTED. HOWEVER, 23 U.S.C. 205(A) PROVIDES, IN PART, THAT:

FUNDS AVAILABLE FOR FOREST DEVELOPMENT ROADS AND TRAILS SHALL BE USED BY THE SECRETARY OF AGRICULTURE TO PAY FOR THE COSTS OF CONSTRUCTION AND MAINTENANCE THEREOF, INCLUDING ROADS AND TRAILS ON EXPERIMENTAL AND OTHER AREAS UNDER FOREST SERVICE ADMINISTRATION.

CHAPTER 145 OF THE ACT OF MARCH 4, 1913, 37 STAT. 843, 16 U.S.C. 501, PROVIDES, IN PART, THAT:

TEN PER CENTUM OF ALL MONEYS RECEIVED FROM THE NATIONAL FORESTS DURING EACH FISCAL YEAR SHALL BE AVAILABLE AT THE END THEREOF, TO BE EXPENDED BY THE SECRETARY OF AGRICULTURE FOR THE CONSTRUCTION AND MAINTENANCE OF ROADS AND TRAILS WITHIN THE NATIONAL FORESTS IN THE STATES FROM WHICH SUCH PROCEEDS ARE DERIVED ***.

THE TWO KEYS TERMS ARE "CONSTRUCTION" AND "MAINTENANCE." THEIR DEFINITIONS IN 23 U.S.C. 101(A) ARE DIRECTLY APPLICABLE TO 23 U.S.C. 205. THESE TERMS ARE ALSO APPLICABLE TO FUNDS MADE AVAILABLE UNDER 16 U.S.C. 501 BY VIRTUE OF THE LANGUAGE OF THE APPROPRIATION ACT MERGING THE FUNDS AVAILABLE UNDER 16 U.S.C. 501 WITH THOSE APPROPRIATED PURSUANT TO 23 U.S.C. 205. THEIR DEFINITIONS IN 23 U.S.C. 101(A) ARE AS FOLLOWS:

THE TERM "CONSTRUCTION" MEANS THE SUPERVISING, INSPECTING, ACTUAL BUILDING, AND ALL EXPENSES INCIDENTAL TO THE CONSTRUCTION OR RECONSTRUCTION OF A HIGHWAY, INCLUDING LOCATING, SURVEYING, AND MAPPING *** ACQUISITION OF RIGHTS-OF-WAY, RELOCATION ASSISTANCE, ELIMINATION OF HAZARDS OF RAILWAY GRADE CROSSINGS, ACQUISITION OF REPLACEMENT HOUSING SITES, AND ACQUISITION, AND REHABILITATION, RELOCATION, AND CONSTRUCTION OF REPLACEMENT HOUSING.

THE TERM "MAINTENANCE" MEANS THE PRESERVATION OF THE ENTIRE HIGHWAY, INCLUDING SURFACE, SHOULDERS, ROADSIDES, STRUCTURES, AND SUCH TRAFFIC CONTROL DEVICES AS ARE NECESSARY FOR ITS SAFE AND EFFICIENT UTILIZATION.

CONSIDERING THESE DEFINITIONS, THE LEGISLATIVE PURPOSE OF 23 U.S.C. 205(A) IS THE DEVELOPMENT AND PRESERVATION OF FOREST DEVELOPMENT ROADS AND TRAILS FOR THEIR SAFE AND EFFICIENT UTILIZATION, AND THE LEGISLATIVE PURPOSE OF 16 U.S.C. 501 IS THE DEVELOPMENT AND PRESERVATION OF ROADS AND TRAILS WITHIN THE NATIONAL FOREST FOR THEIR SAFE AND EFFICIENT UTILIZATION.

THE ASSISTANT SECRETARY RECOGNIZES THAT THESE DEFINITIONS PERTAIN TO DEVELOPMENT AND PRESERVATION OF ROADS (AND TRAILS), AS DISTINGUISHED FROM THEIR LIQUIDATION, BUT STATES THAT THERE ARE UNAVOIDABLE EXPENSES INCIDENT TO ROAD LIQUIDATION. THE ASSISTANT SECRETARY STATES THAT THE FOREST SERVICE HAS FOUND IT NECESSARY TO DISCONTINUE SOME FOREST DEVELOPMENT ROADS BECAUSE OF CHANGES IN CURRENT AND PROJECTED USAGE, REFINEMENTS IN TRANSPORTATION SYSTEM PLANNING, AND REDUCTION IN FUNDS FOR MAINTENANCE OF ROADS.

IT IS FURTHER STATED IN HIS LETTER THAT ACTUAL DESTRUCTION OF A ROAD MAY BE NECESSARY TO PREVENT UNDESIRABLE TYPES OF USAGE AND DAMAGE TO THE LAND. IN ADDITION, IN ORDER TO IMPROVE ENVIRONMENTAL AND AESTHETICAL ASPECTS, IT IS NECESSARY TO PLANT GRASSES, TREES, AND SHRUBS. ACCORDING TO THE ASSISTANT SECRETARY, OTHER STATED MEASURES THAT MAY BE NECESSARY TO PREVENT DETERIORATION OF NATURAL RESOURCES ARE REMOVAL OF BRIDGES AND CULVERTS, ELIMINATION OF DITCHES, OUTSLOPING, AND CROSS-DRAINING THE ROAD BED, REVEGETATION, AND OTHER EROSION CONTROL MEASURES.

CONCERNING THE THIRD QUESTION, THE ASSISTANT SECRETARY STATES THAT IT IS NOT INTENDED TO USE ROAD FUNDS BEYOND THE NEED REQUIRED TO EFFECTIVELY ELIMINATE DISCONTINUED ROADS AND THAT EXPENSES NECESSARY TO CONVERT THE LAND TO OTHER USES WOULD BE FINANCED FROM OTHER FUNDS.

THERE IS NOT THE SLIGHTEST INDICATION IN ANYTHING THAT WE HAVE FOUND, AND NOTHING HAS BEEN CALLED TO OUR ATTENTION, WHICH WOULD WARRANT A CONCLUSION THAT THE CONGRESS INTENDED THE USE OF ANY OF THE FUNDS IN QUESTION FOR PURPOSES OTHER THAN "CONSTRUCTION" AND "MAINTENANCE" AS DEFINED IN 23 U.S.C. 101(A), SUPRA.THE PURPOSES AS SET OUT IN THE LETTER FROM THE ASSISTANT SECRETARY WOULD NOT BE IN ACCORDANCE WITH THE PLAIN MEANING OF THE STATUTORY DEFINITION OF THOSE WORDS. HENCE, IN LIGHT OF THE PROVISIONS OF LAW SET OUT ABOVE, IT IS OUR VIEW THAT THE FIRST TWO QUESTIONS MUST BE ANSWERED IN THE NEGATIVE AND THE THIRD QUESTION IN THE AFFIRMATIVE. IN OTHER WORDS IT IS OUR OPINION THAT FUNDS APPROPRIATED OR AVAILABLE TO THE FOREST SERVICE FOR THE CONSTRUCTION AND MAINTENANCE OF FOREST ROADS AND TRAILS UNDER AUTHORITY OF 23 U.S.C. 205 OR 16 U.S.C. 501 MAY NOT BE USED TO CLOSE SUCH ROADS OR TRAILS OR TO RETURN THEM TO A NATURAL STATE.

GAO Contacts

Office of Public Affairs