B-310023, Forest Service--Light Refreshments for National Trails Day, April 17, 2008

B-310023 Apr 17, 2008 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights U.S. Forest Service appropriations are not available to provide light refreshments for attendees of National Trails Day events. Appropriations are not available to pay for food unless specifically authorized, or unless the agency can demonstrate that such expenditures are an essential, constituent part of accomplishing an authorized agency function. Neither of these conditions is present in this case. Providing light refreshments to attendees of Trails Day does not contribute materially to the accomplishment of an agency function. View Decision B-310023, Forest Service--Light Refreshments for National Trails Day, April 17, 2008 Decision Matter of: Forest Service—Light Refreshments for National Trails Day File: B-310023 Date: April 17, 2008 DIGEST U.S. Forest Service appropriations are not available to provide light refreshments for attendees of National Trails Day events. Appropriations are not available to pay for food unless specifically authorized, or unless the agency can demonstrate that such expenditures are an essential, constituent part of accomplishing an authorized agency function. Neither of these conditions is present in this case. Providing light refreshments to attendees of Trails Day does not contribute materially to the accomplishment of an agency function. DECISION The Seward Ranger District of the Chugach National Forest, U.S. Forest Service, requests our decision under 31 U.S.C. sect. 3529 on whether its appropriations are available to pay for light refreshments for nongovernmental attendees of its National Trails Day (Trails Day) events. Letter from Nancy S. O'Brien, Acting Administrative Officer, Chugach National Forest, to General Counsel, GAO, Aug. 3, 2007 (Request Letter). The Forest Service is an agency of the Department of Agriculture (USDA). As explained below, we conclude that its appropriations are not available for this purpose. Our practice when rendering decisions is to obtain the views of the relevant agency to establish a factual record and the agency's legal position on the subject matter of the request. GAO, Procedures and Practices for Legal Decisions and Opinions, GAO-06-1064SP (Washington, D.C.: Sept. 2006), available at www.gao.gov/legal/resources.html. In this regard, USDA provided its views on the legal issues involved. Letter from L. Benjamin Young, Jr., Assistant General Counsel, USDA, to Thomas H. Armstrong, Assistant General Counsel for Appropriations Law, GAO, Subject: Forest Service—Light Refreshments for National Trails Day, Sept. 28, 2007 (Young Letter). The agency also provided additional information regarding this matter. Letter from Nancy S. O'Brien, Acting Administrative Officer, Chugach National Forest, to Thomas H. Armstrong, Assistant General Counsel for Appropriations Law, GAO, Sept. 25, 2007 (O'Brien Letter). BACKGROUND National Trails Day (Trails Day) is an annual national event sponsored by the American Hiking Society (Society), a private nonprofit organization dedicated to preserving and promoting hiking. The Society holds Trails Day to –introduce people to the many enjoyments and benefits of trails.— American Hiking Society, Our Work: National Trails Day, available at http://americanhiking.org/NTDGeneralInfoFaq.aspx (last visited Apr. 11, 2008). The Society provides guidance and publicity for other organizations such as community groups, businesses, and government agencies that hold Trails Day events locally. Executive Order No. 13195, entitled Trails for America in the 21st Century, directs federal agencies, to the extent permitted by law, to participate in National Trails Day, coordinating events with the American Hiking Society. Exec. Order No. 13195, Trails for America in the 21st Century, 66 Fed. Reg. 7391 (Jan. 18, 2001). The Seward Ranger District has participated in Trails Day every year since its inception. O'Brien Letter. The District's participation consists of activities it conducts throughout the year—not just on Trails Day. ChugachForest personnel lead visitors on hikes and serve as guides on walks and instructors for educational activities. Telephone Conversation between Nancy S. O'Brien, Acting Administrative Officer, ChugachNational Forest, and Jonathan Barker, Senior Attorney, GAO, Nov. 5, 2007. In the past, attendees brought their own lunches to the event. For future Trails Day events, the District would like to provide snacks for attendees. The agency states that the snacks would be especially appropriate for hiking (including, for example, apples, raisins, dried fruit). Request Letter. DISCUSSION In general, an agency may not pay for food because it is a personal expense, and the public's money is not available for personal expenses. B-288266, Jan. 27, 2003; 57 Comp. Gen. 806 (1978).