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B-256172 1 (1997-04-08)

handle is hein.gao/gaobadrgj0001 and id is 1 raw text is: I-~iji I


                     Geneal AcouningOffice
                     WasingonD.C. 20)548

:  Office of the General Counsel






                 B-256172


                 April 8, 1997



                 Mr. James R. Turner
                 Authorized Certifying Officer-
                 Forest Service
                 U.S. Department of Agriculture
                 P.O. Box 96090,
                 Washington, D.C. 20090-6090

                 Dear Mr. Turner:

                 This responds to your inquiry concerning whether the Forest Service may transfer
                 funds to the Office of General Counsel (OGC), Department of Agriculture (USDA)
                 to cover the salaries and expenses of OGC attorneys dedicated to work on Forest
                 Service issues.' For the reasons discussed below, we do not object to past transfers
                 made by the Forest Service to OGC; however, the Forest Service and OGC should
                 not engage in such transfers in the future in the absence of clear intention
                 expressed by the'Congress permitting such transfer.

                 Both the Forest Service and OGC receive lump sum appropriations to finance their
                 operations. See, e.-, Pub. L. No. 104-208, 110 Stat. 3009, 3009 - 205 (1996) (For
                 necessary expenses of the Forest Service.. .); Pub. L. No. 104-180, 110 Stat. 1569,
                 1572 (1996) (For necessary expenses of the Office of the General Counsel .....
                 The Department's Inspector General questions whether the Forest Service
                 appropriation is available for transfer to. QOGC to finance legal services provided the
                 Forest Service. The Ispector General suggests that the OGC appropriation is



                 'The letter variously describes these issues as complex legal issues, emerging
                 issues', issues requiring immediate actions, substantially different from normally
                 )rovided legal services for which the OGC receives appropriation funding' The
                 letter, however, does not otherwise identify any particular issues addressed or legal
                 servickes provided by OGC.


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