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B-186365 1 (1977-03-08)

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THE  COMPTEOLLUN OErdEMAL GT 00
OP   THU UNITED arATEN
WAaWINSTON. C.C. EsE5E



       DATE:   March S. 1977


OF:   United States Department of Agriculture, Forest
      Bervice-Storage  ad Towing charges for Privately-
      owned vehile.
forest Service appropriations are available to pay costs
of towing and storing prtvtely-owned vehicle where such
costs relate to ptrformance 'v Forest Service officers
of investigative amd law-m  %commt  functions concerning
violations of lw. on nationsi forest lands. While Forest
Service law-entkrcement officers lecked procurement
authority to requisition towing and storage services,
their action may be ratified by agency official having
procurement authority.


     This is In retsponse to a requast by an Authorized Certifying officer,
Forest Service, D partment of Agficlture, for our decision on whether
Forest Service appropriatiUns are available for payment of towing and
storage charges  nurred for a;pr  ately-owned motor vehicle. The
Forest Sarvice Law Enforetment Officers who requisitioned the toying
aid storage services had no procurement authority* but the Regional
Forest Service Director of Administrative Services, who grants such
authority, has agreed to ratify thii procurement action if payment
is otherwise proper.,

     On December 6, 1975, Mr. Edward Lucero, a Forest Service smployee
at the Sandia Ranger. District, a location within the Cibola National
Forest, we  massultel wven he caught someona stealig gas from a
Forest Service vehicie parked on the District's parking lot. Mr. Lucero
called Deanis Ihrjhy' a Forest Service Law Enforcement Officer, who
requested assistance 'from Special Aent' Eddie P. Chavez, of the
Forest Service. Working in coopration  with the Bernalillo County
Sheriff's Deputies. Murphy and Chbives located the suspect and his
vehicle at Don Woodward's Truck'ing Company in Tijeras, -New Mexico.
The suspect admitted betas responsible for the theft of gasoline
and assaulting (bumping) Mr. Lucero withbis private vehicle, a
pickup truck, at the Sandia Ranger Station. The Assistant United
States Attorney wae contacted about incarcerating the suspect and
approving prosecution. Both requests were granted.  (The suspect
was subsequently prosecuted and convicted on Federal charges.)



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