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B-227272 1 (1988-04-22)

handle is hein.gao/gaobadnbq0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof- Forest Service Payment and Billing for Fire Suppression Service File: B-227272 Date: April 22, 1988 DIGESTS 1. Forest Service payment to the state of Oregon and cancellation of billing to the Douglas Fire Protection Association for fire suppression services are unaffected by a subsequent decision of a federal district court in an action brought by a private landowner, which made a different factual finding on the issue of liability. Subsequent court decision imposed no duty on government accounting officer to reopen settlements and reexamine them. 2. Certifying officer is not liable for payment he originally certified because payment was not illegal, improper or fraudulent. At the time of certification, payment was based on a thorough joint investigation and final administrative decision. DECISION An authorized certifying officer of the Forest Service, Department of Agriculture, has requested our views on the effect of a decision by the United States District Court for the District of Oregon on the Forest Service's prior payment to the, Oregon State Department of Forestry, and billing to the state's fire protection contractor, the Douglas Forestry Protective Association, for fire suppression services, pursuant to a cooperative agreement between the Forest Service and Oregon. For the reasons discussed below, we find that the court's decision does not affect the propriety of the Forest Service's prior payment to the State of Oregon and that there is also no basis to pursue collection action against the Douglas Fire Protection Association. Further, the certifying officer would not incur any liability for the original payments. BACKGROUND During 1982, the Forest Service was engaged in burning logging debris--commonly referred to as slash--in the Umpqua National Forest. On September 1, 1982, a wildfire

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