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B-226132 1 (1988-02-26)

handle is hein.gao/gaobadmzx0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision USDA Forest Service - Authority to Reimburse Matterof: General Appropriations with the Proceeds of Forfeited Performance Bond Guarantees. File: B-226132 Date: February 26, 1988 DIGEST Under section 579c of title 16 of the United States Code, proceeds received from bond forfeitures can reimburse general Forest Service appropriations to the extent of the costs of repairs related to the bond forfeitures. The language of section 579c stating cover the cost to the United States for the needed repairs supports this con- clusion. Moneys received that exceed these costs should be deposited into the miscellaneous receipts of the Treasury. DECISION The United States Department of Agriculture, Forest Service, asks whether it can use the proceeds from performance bond forfeitures to reimburse general appropriations used for repairing damage to United States lands. For the reasons given, we find that the Service can make these reimburse- ments to the extent of the costs of the repairs. The Forest Service states that it requires performance bond guarantees from occupants of the National Forest System, including commodity contractors. Occasionally these occupants cause damage to lands and do not make the necessary repairs. This results in the Forest Service itself having to make the needed repairs, often prior to collecting the proceeds from the performance bonds. It cites as an example the need to undertake immediate erosion control measures after a fire. As a remedy, the Service would like to use general appro- priations supporting the type of repair involved to pay for the necessary work, and subsequently reimburse that appropriation with the later-received performance bond proceeds. The Forest Service maintains that the law does not specifically authorize such reimbursements, but cites our decision in 64 Comp. Gen. 625 (1985), involving use of forfeited bond proceeds to fund replacement contracts, as

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