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B-302745 1 (2004-07-19)

handle is hein.gao/gaobacxlr0001 and id is 1 raw text is: 




AGAO
        Accountability * Integrity - Reliability
United States General Accounting Office
Washington, DC 20548


         B-302745



         July 19, 2004

         Ms. Bonnie M. McElmurry
         Budget and Finance Officer
         U.S. Department of Agriculture
         3301 C Street, Suite 300
         Anchorage, AK  99503-3998

         Subject: Refreshments for Kid's Fishing Day

         Dear Ms. McElmurry:

         This responds to your letter of March 11, 2004, requesting a decision under 31 U.S.C.
         § 3529 regarding the use of appropriated funds to purchase refreshments for
         nongovernment  participants at Kid's Fishing Day. We understand that Kid's Fishing
         Day is an annual event held in various national forests across the United States,
         which is intended to teach children how to fish, thereby raising their awareness of
         and appreciation for the natural environment. Letter from Bonnie M. McElmurry to
         GAO  General Counsel, Mar. 11, 2004. Specifically, you asked whether Kid's Fishing
         Day qualifies as a cultural awareness program and, if so, whether you can certify
         the use of Forest Service appropriations to provide hot dogs and lemonade to
         participants.

         On May 21, 2004, you e-mailed Neill Martin-Rolsky, a senior attorney on my staff,
         stating that you were withdrawing your request for a decision based upon advice of
         Agriculture Department counsel. In a May 28, 2004, telephone conversation with my
         staff, Ken Cohen, the Department's Assistant General Counsel, explained that, in the
         Department's view, it would be problematic to declare Kid's Fishing Day a cultural
         awareness program.' Mr. Cohen said that he advised Chugach National Forest to
         cancel the event because his office, at that time, was not prepared to justify the event
         under other legal authority that may be available to the Forest Service.





         'In addition to Mr. Cohen, participants in the conference call were Tom Armstrong, Assistant General
         Counsel for Appropriations Law, GAO, and Benny Young, Deputy Assistant General Counsel,
         Agriculture.

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