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B-193769 1 (1979-01-24)

handle is hein.gao/gaobadgvr0001 and id is 1 raw text is: DECISION IT~ FILE: B-193769 THE COMPTROLLER GENERAL OF THE UNITED STATES WASH IN GTON , O C. 2 O 5 4 80 DATE: Ja-uary 24, '1979 MATTER OF: Lava Rocks Distributed by National Park Service at Capulin Mountain National Monument DIGEST: The urchase and 4istribution of sample lava rocks to vsitor C lin-Mou tional>onu~ientJ has been determined by National Park Service to be effective in preserving the Monument by discourag- ing visitors from removing lava rock elsewhere in the Monument. Expenditure for sample rocks under those circumstances may be considered to be a necessary and proper use of the Department of the Interior's appropriated funds. The Associate Regional Director, Administration, Department of the Interior, National Park Service, Southwest Region, who is an authorized certifying officer, has requested our opinion, pursuant to 31 U.S.C. 82d (1976), on the propriety of a purchase of 3 1/2 tons of volcanic rocks. These rocks were obtained from a nearby quarry and distributed to park visitors outside the Visitor Center at the Monument. Visitors were invited to take the rocks as souvenirs but, in return, were asked not to disturb any rocks or plants in the Monument. The appropriation (Public Law 95-74, July 26, 1977, 91 Stat. 289) proposed to be charged with payment for the items in question is available For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service. . . In order to qualify the purchase as a proper expenditure from the cited appro- priation, it must be demonstrated that the purchase and distribution of these items is a reasonably necessary expense of the Park Service. According to the Associate Regional Director, other certifying officers have taken the view that the expenditure for the rocks was unauthorized on the ground that the rocks constituted personal gifts to Monument visitors. Support for this contention is found in several decisions rendered by this Office. In 54 Comp. Gen. 976 (1975), we determined that key chains given by the Forest Service to educators were personal gifts. In 57 Comp. Gen. 385 (1978), novelty trash cans given out by the Environmental Protection Agency were also designated as gifts. We believe that these decisions are distinguishable. In both of these decisions, the respective appropriations were not available for these expenditures because there was no direct 0/yo3q2 t4r_

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