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B-241708 1 (1991-09-27)

handle is hein.gao/gaobadnyr0001 and id is 1 raw text is: 



Comptolicr General
of the United States
Wamiluw; DA 2014M

EDcisi1on


L44(? 97


Matter of:


Bureau of
Furnished


Indian Affairs - SubsistencQ
to Emergency Firefighters


B-241708

September 27, 1991


DIGZST

Bureau of Indian Affairs, Department of the Interior, practice
of furnishing subsistence to emergency firefighters hired
under special statutory authority and joint guidelines of the
Interior Department and Agriculture Department is legally
permissible. Although Agriculture has additional specific
statutory authority to provide subsistence without charge to
employees and Interior does not, both agencies have broad
statutory authority to prescribe the pay and terms of
employment of emergency firefighters. Further, firefighters
of both agencies serve under the same conditions and it has
been the longstanding practice to furnish them subsistence
without charge. Interior's regular classified employees,
however, are subject to charge under 5 U.S.C. § 5911 (1988)
for subsistence furnished them.


DECISION

A certifying officer at the Bureau of Indian Affairs (BIA),
Department of the Interior, requests our decision whether
payment may be made to vendors who furnished meals and lodging
pursuant to BIA purchase orders for the subsistence of
emergency firefighters hired by the BIA.1/ As explained
below, payment may be made.

BACKGROUND

During the summer of 1990 the Yakima Indian Agency, BIA,
issued purchase orders to some local restaurants to provide
hot meals and sack lunches for BIA emergency firefighters
fighting wildfires in the area. When the invoices for the
meals reached the BIA Disbursements Office, questions were
raised as to the propriety of the agency providing meals for
firefighters who were not on temporary duty travel. After


1/ The certifying officer is the
Section, Bureau of Indian Affairs,


Chief, Disbursements
Albuquerque, New Mexico.


rile:

Date:


-D %An r)

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