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B-218857 1 (1986-01-29)

handle is hein.gao/gaobadmdy0001 and id is 1 raw text is: 




DECISION K




FILE:  B-218857


THE COMPTROLLER GENERAL
OP THE UNITED UTATEI
WASHINGTON. 0. C. 20548



      DATE:  January 29, 1986


MATTER OF: Delmer Ziegler


DIGEST:


An employee may not be paid per diem under
5 U.S.C. S 5725 when he is evacuated on an
emergency basis from furnished quarters and
relocated in commercial lodgings beyond the
limits of his official duty station. How-
ever, since he was required to perform offi-
cial duties at the location of the commercial
lodgings, he may be reimbursed per diem and
mileage allowances under the provisions of
the Federal Travel Regulations applicable to
travel in a temporary duty status.


     An employee of the Fish and Wildlife Service who was
forced to evacuate government-furnished quarters at the
Seedskadee National Wildlife Refuge may not be paid per
diem in connection with his occupancy of commercial lodgings
under the emergency evacuation authority of 5 U.S.C. S 5725
(1982).l/ However, since the commercial quarters were
located beyond the limits of his permanent duty station and
since the employee performed official duties at that loca-
tion, the agency may process his claim under the Federal
Travel Regulations as incident to an authorized temporary
duty assignment.

                         BACKGROUND

     Mr. Delmer Ziegler, formerly a construction inspector
with the U.S. Fish and Wildlife Service in Denver, Colorado,
was assigned to a project at Seedskadee National Wildlife
Refuge, Wyoming. Because of the length of the assignment
and the distance from living accommodations, Mr. Ziegler
was transferred to the Seedskadee Refuge and assigned to
government-furnished quarters. On March 19, 1984,
Mr. Ziegler was forced to move out of his quarters due to
frozen water lines. Since there were no other accommodations
  1/ The Regional Director, Fish and Wildlife Service,
      Department of the Interior, Denver, Colorado, has
      requested an advance decision on the claim of
      Mr. Delmer Ziegler.


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