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B-217478 1 (1986-01-02)

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B-217478


MATTER OF


DIGEST:


THE COMPTROLLER GENERAL
OP THE UNITEO STATES
WASHINGTON. 0. C. 20548




      DATE: January 2, 1986


Walter C. Stephenson


The Forest Service assessed a claim against one
of its forest rangers to recover $1,475.15
(plus interest) for unauthorized expenditures
which he directed his staff to make in order to
expand and improve the building which serves as
headquarters for the Jemez District of the
Santa Fe National Forest. Pursuant to GAO's
settlement authority under 31 U.S.C. s 3702
(1982), and the agency's regulations which pro-
vide for assessing financial liability against
Forest Service employees, GAO finds that the
legal basis of the claim has not been ade-
quately established. Therefore, collection
should be terminated.


     We have been asked to review the determination of the
United States Forest Service, Department of Agriculture, con-
cerning a debt asserted against Mr. Walter C. Stephenson,
Forest Ranger for the Jemez District of the Santa Fe National
Forest. In accordance with its interpretation of its regula-
tions, the Forest Service determined that Mr. Stephenson
should reimburse the Government for some unauthorized expendi-
tures of public funds. Prior to rendering this decision, we
obtained the comments of both Mr. Stephenson and the Forest
Service. For the reasons given below, we find that the Forest
Service has not adequately established the legal basis for
this claim, and its collection should be terminated.

                          BACKGROUND

     In August and September of 1982, Mr. Stephenson, as Jemez
District Forest Ranger, instructed his staff to take steps and
expend funds necessary to accomplish the laying of a concrete
slab which eventually would be used to support a structural
addition to the building in which he and his staff worked.
According to the record submitted by the Forest Service,
Mr. Stephenson authorized work and expenditures, based upon
his mistaken interpretation of applicable Forest Service






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