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B-164497(3) 1 (1979-02-06)

handle is hein.gao/gaobadgxj0001 and id is 1 raw text is: 





DECIS





FILE: B-1

MATTER


DIGEST:


64497(3)


THE  COMPTROLLER GENERAL
OF   THE   UNITED STATES
WASHINGTON, D. C. 20548


DATE:   February 6, 1979


OF: r.vailability of Appropriations +-4Ma-i-ain
    Highland Scenic Highway

1. Highland Scenic Highway in Monongahela National
   Forest, West Virginia, was to be constructed and
   managed  by U. S. Forest Service as route on
   Federal-aid secondary system and parkway. -
   L.    .        Forest Roads and Trails appropria-
   tion is not available to maintain Highland Scenic
   Highway, because it does not fit definitions and
   statutory purpose of forest road or trail.


           2.  Law requires Forest Service to manage parkway
               portion of Highland Scenic Highway as part of
               Monongahela National Forest. Pub. L. No. 93-87.
               West Virginia, which built part of Highway written
               Forest as public lands highway, open to commer-
               cial traffic, says it lacks authority to maintain that
               part because Pub. L. No. 93-87 bars commercial
               traffic and State cannot maintain limited service
               highway. Forest Protection and Utilization appro-
               priation to Forest Service, since it is available for
               management  of National Forest, may be used for
               maintenance of Highway within Forest.


   The Assistant Secretary of Agriculture has asked whether funds
appropriated to the Forest Service for construction and maintenance
of forest development roads and trails are available to maintain the
Highland Scenic Highway.

   Completion of the Highway, a scenic thoroughfare running through
the Monongahela National Forest, by the United States was authorized
by section 161 of the Federal-Aid.igluyAct of 1973 IubL.  No.
_-8_,7__  Stat. 250,279 (August 13, 1973). Section 161 of the Act
provides in releva part:

    (a) The Secret.ir :pf Agriculture (acting through
    the Forest Servicel is authorized to develop and
    construct as a r:1 way the Highland Scenic High-
    way from West Virginia State Route 39 to U. S.
    250 near Barton Knob. Notwithstanding subsection


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