6510 Page 1 of 61 FOREST SERVICE MANUAL NATIONAL HEADQUARTERS (WO) WASHINGTON, DC FSM 6500 – FINANCE AND ACCOUNTING CHAPTER 6510 – APPROPRIATIONS AND FUNDS Amendment No.: 6500-2011-1 Effective Date: January 5, 2011 Duration: This amendment is effective until superseded or removed. Approved: DONNA M. CARMICAL Chief Financial Officer (CFO) Date Approved: 12/28/2010 Posting Instructions: Amendments are numbered consecutively by title and calendar year. Post by document; remove the entire document and replace it with this amendment. Retain this transmittal as the first page(s) of this document. The last amendment to this title was 6500-2010-2 to FSM 6530. New Document 6510 61 Pages Superseded Document(s) by Issuance Number and Effective Date 6510 Contents (Amendment 6500-95-7, 12/21/1995) 6510-6511.12b (Amendment 6500-95-8, 12/21/1995) 6511.13-6512.11 (Amendment 6500-95-9, 12/21/1995) 6512.12-6514 (Amendment 6500-95-10, 12/21/1995) 4 Pages Digest: 6510 - Revises and updates the entire chapter. 19 Pages 22 Pages 22 Pages WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 2 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS Table of Contents 6510.1 - Authority....................................................................................................................... 5 6510.2 - Objectives ..................................................................................................................... 5 6510.3 - Policy ............................................................................................................................ 6 6510.31 - Primary Purpose Principle ...................................................................................... 6 6510.32 - Financing with Two or More Program Codes ........................................................ 7 6510.4 - Responsibility ............................................................................................................... 7 6510.41 - Washington Office .................................................................................................. 7 6510.41a - Chief...................................................................................................................... 7 6510.41b - Deputy Chiefs ....................................................................................................... 8 6510.41c - Chief Financial Officer ......................................................................................... 8 6510.41d - Director, Budget and Finance, Albuquerque Service Center (ASC-B&F) ........... 8 6510.41e - Staff Directors ....................................................................................................... 9 6510.42 - Regions, Forests, Stations, Area, International Institute of Tropical Forestry (IITF), Forest Products Laboratory, and Job Corps Centers ..................................... 10 6510.42a - Line Officers ....................................................................................................... 10 6510.42b - Staff Directors..................................................................................................... 10 6510.5 - Definitions .................................................................................................................. 11 6511 - APPROPRIATION USES .................................................................................. 12 6511.06 - References ............................................................................................................ 12 6511.1 - General Rules on Appropriation Use ......................................................................... 13 6511.11 - Principles for Charging Appropriated Funds ........................................................ 14 6511.11a - Augmentation of Appropriations ........................................................................ 14 6511.11b - Bona Fide Need Theory ...................................................................................... 15 6511.11c - Non-Monetary Transactions (Barter) .................................................................. 15 6511.11d - Period of Availability ......................................................................................... 15 6511.11e - Prohibition on Advance of Monies ..................................................................... 15 6511.11f - Promoting Forest Service Programs [Reserved] ................................................. 16 6511.11g - Seasonal Decorations .......................................................................................... 16 6511.11h - Purchasing Permits When Required by Statute for Forest Service Activities .... 16 6511.11i - Emergency Operations ........................................................................................ 17 6511.11j - Experimental Areas [Reserved] ........................................................................... 18 6511.11k - Relocation Expenses of Displaced Persons ........................................................ 18 6511.11l - Search and Rescue Operations ............................................................................ 18 6511.11m - Snow Removal................................................................................................... 19 6511.11n - Nominal Value Items for Dissemination of Program Information [Reserved] .. 19 6511.11o - Federal Advisory Committees ............................................................................ 19 6511.11p - State and Local Taxes ......................................................................................... 19 6511.11q - Investments in Treasury Securities ..................................................................... 21 6511.2 - Specific Appropriation Use ........................................................................................ 22 6511.21 - Specific Versus General Appropriation ................................................................ 22 WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 3 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6511.21a - Two or More Specific Program Codes ............................................................... 23 6511.3 - Employee Related Appropriation Use ........................................................................ 23 6511.31 - Employee Legal Fees ............................................................................................ 23 6511.31a - Discrimination Payments .................................................................................... 23 6511.31b - Additional Cost for Government Employees’ Special Needs ............................ 26 6511.31c - Federal Daycare Operations ................................................................................ 26 6511.31d - Nonmonetary Awards for Employees, Private Individuals, and Organizations . 27 6511.31e - Employee Award Ceremonies ............................................................................ 28 6511.31f - Smoking Cessation Course.................................................................................. 29 6511.31g - Wellness and Fitness Programs .......................................................................... 29 6511.31h - Recreation Facilities and Services for Employees .............................................. 33 6511.31i - State Licenses and Certification Fees .................................................................. 34 6511.31j - Telephone Service and Tolls ............................................................................... 34 6511.31k - Membership Fees and Dues ................................................................................ 34 6511.31l - Telephone Calling Card ....................................................................................... 35 6511.31m - Business Cards................................................................................................... 35 6511.31n - Professional Liability Insurance ......................................................................... 35 6511.31o - Employee Association Activities and Charitable Fund Drives .......................... 35 6511.4 - Ceremonies, Conventions, and Other Gatherings ...................................................... 36 6511.41 - Lunchroom Appliances ......................................................................................... 36 6511.41a - Official Reception and Entertainment Expenses ................................................ 36 6511.41b - Meals at Official Station ..................................................................................... 37 6511.41c - Refreshments at Meetings ................................................................................... 37 6511.41d - Food for Non-Federal Individuals ...................................................................... 37 6511.41e - Cultural Awareness Programs............................................................................. 37 6511.41f - Purchase of Bottled Drinking Water ................................................................... 37 6511.5 - Construction and Maintenance ................................................................................... 39 6511.51 - Construction and Maintenance of Forest Signs .................................................... 39 6511.51a - Street Paving, Curb, or Sidewalk Construction .................................................. 39 6511.51b - Firefighter's Grave Care...................................................................................... 39 6511.6 - Utilities ....................................................................................................................... 39 6511.61 - Connection and Operation Charges ...................................................................... 39 6511.61a - Private Utility Relocation or Removal ................................................................ 40 6511.7 - Other Expenses ........................................................................................................... 40 6511.71 - Volunteers in the National Forest Act .................................................................. 40 6511.71a - Community Support Activities ........................................................................... 40 6511.8 - State, Private, and Other Agencies ............................................................................. 41 6511.81 - Indirect and Tuition Remission ............................................................................ 41 6511.82 - Interdepartmental Waiver Doctrine; Restoration of National Forest Lands Used by Other Agencies ..................................................................................................... 42 6511.83 - Use of Appropriations on Private Property for Permanent Improvements .......... 42 6511.84 - Travel of State and Local Government Employees .............................................. 43 6511.85 - Payments to States and Counties .......................................................................... 43 WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 4 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6512 - RECEIPT ACCOUNTS ...................................................................................... 43 6512.02 - Objectives ............................................................................................................. 43 6512.03 - Policy .................................................................................................................... 43 6512.1 - Appropriation Repayments ......................................................................................... 43 6512.11 - Appropriation Refunds ......................................................................................... 44 6512.12 - Appropriation Reimbursements ............................................................................ 44 6512.12a - Appropriation Reimbursement Authorities......................................................... 45 6512.2 - Receipt Account Classification .................................................................................. 51 6512.21 - General Fund Receipt Accounts ........................................................................... 52 6512.22 - Clearing Accounts ................................................................................................ 52 6512.23 - Special Fund Receipt Accounts ............................................................................ 52 6512.24 - Trust Fund Receipt Accounts ............................................................................... 53 6512.3 - Available Receipts ...................................................................................................... 53 6512.4 - Unavailable Receipts .................................................................................................. 53 6512.5 - Receipts from Claims for Damages to National Forest System Lands or Improvements [Reserved] ............................................................................................. 54 6512.51 - Recording the Receipts From Claims for Damages to National Forest System Lands or Improvements [Reserved] .......................................................................... 54 6512.52 - Cooperative Agreements for Wildland Fire Suppression [Reserved] .................. 54 6513 - EXPENDITURE ACCOUNTS ............................................................................ 54 6513.1 - Expenditure Account Classification ........................................................................... 54 6513.11 - General Fund Expenditure Accounts .................................................................... 54 6513.12 - Revolving Fund Accounts (Working Capital Fund) ............................................. 54 6513.13 - Special Fund Expenditure Accounts ..................................................................... 55 6513.14 - Trust Fund Expenditure Accounts ........................................................................ 55 6514 - ACCEPTANCE AND USE OF DONATED FUNDS ........................................... 55 6514.01 - Authority ............................................................................................................... 55 6514.02 - Objectives ............................................................................................................. 56 6514.03 - Policy .................................................................................................................... 56 6514.04 - Responsibility ....................................................................................................... 56 6514.05 - Definitions ............................................................................................................ 56 6514.1 - Use of Donated Funds ................................................................................................ 56 6514.11 - Authorized Expenditures ...................................................................................... 59 6514.12 - Unauthorized Expenditures .................................................................................. 60 6514.2 - Written Acknowledgement ......................................................................................... 60 6514.21 - Accepting and Acknowledging the Donation ....................................................... 60 6514.22 - Declining the Designated, Conditional, or Unacceptable Donation ..................... 61 WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 5 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6510.1 - Authority Other reference material regarding appropriation uses is listed in FSM 6511.06. 1. Title 31, United States Code, sections 1301, 1341, 1342, 1502 1517, 3302, and Title 18 United States Code, section 209 (31 U.S.C. 1301, 1341, 1342, 1502, 1517, 3302, and 18 U.S.C. 209). These sections set forth the statutory requirements for the legal expenditure of appropriations. 2. Office of Management and Budget (OMB) Circulars and Bulletins. Use these circulars and bulletins for fund control guidelines. OMB Circular A-45, “Rental and Construction of Government Quarters”, pertains to possessory interest taxes charged to employees occupying government furnished housing (http://www.whitehouse.gov/omb/). 3. United States v. County of San Diego, 965 F.2d 691 (9th Cir. 1992). In this U. S. Supreme Court case, the Court has held that the imposition of a possessory use tax on the occupancy rights of a tenant occupying government-furnished housing is a valid exercise of the taxing power of a state and its political subdivisions 4. Government Accountability Office (GAO) Publication, “Principles of Federal Appropriation Law”. This publication, commonly called “The Red Book”, provides guidance on appropriation usage, such as appropriation availability as to purpose and time (http://www.gao.gov/legal/index.html). 5. Comptroller General Decisions. The text of these decisions illustrates the application of appropriations law principles to actual operations, in response to questions posed in writing to the Comptroller General (http://www.gao.gov/legal/index.html). 6. Title 41, Code of Federal Regulations, Part 102-74, Section 410. This authority describes allowable activities on Federal property such as charity fund drives and recognized Federal employee associations. 7. 42 U.S.C. 5121, The Robert T. Stafford Disaster Relief and Emergency Assistance Act. This authority describes allowable activities during an emergency declared by the President. 8. 7 U.S.C. 8306, The Animal Health Protection Act. This authority describes allowable activities during an emergency declared by the Secretary of Agriculture. 6510.2 - Objectives The objectives are to: 1. Obligate and expend appropriations and funds in compliance with applicable laws; WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 6 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 2. Incorporate appropriate techniques in agency budget and accounting systems to achieve fund control objectives set by the Office of Management and Budget, the U. S. Treasury, the Government Accountability Office, and the U.S. Department of Agriculture (USDA); and 3. Provide a description of each Forest Service appropriation and fund, its limitations, and intended use. 6510.3 - Policy Forest Service employees shall obligate and expend appropriations and funds in compliance with legal requirements governing the purpose, amounts, manner, and timing of the obligation and expenditure, consistent with Government Accountability Office, Office of Management and Budget, Treasury, and USDA fund control standards. 6510.31 - Primary Purpose Principle The Primary Purpose principle is to charge expenditures to fund a project on the basis of the principle purpose of the expenditure. Use this rule to avoid drawing fine lines for items that may serve one or more purposes incidental to the primary purpose If a specific program code finances an activity, then the work is charged to that program code regardless of other programs that may achieve outputs and outcomes from that activity. For example, treatment of noxious weeds could be charged to Vegetation and Watershed Management, Hazardous Fuels, or Wildlife and Fisheries Habitat Management depending on the benefit of reducing noxious weeds, reducing the hazardous fuels load, or reducing competition with rare plants. Under the Primary Purpose principle, if the reason for treatment is primarily to control noxious weeds, then all of the treatment costs should be charged to Vegetation and Watershed Management, even though other programs receive some benefit. In practice, the Primary Purpose principle is not as easy to apply as its definition implies; the Agency’s appropriation structure doesn’t always neatly parallel the work the Agency accomplishes. For example “mapping” can be charged to one of many different program codes depending on whether the purpose is primary base series mapping, secondary base series mapping, or other mapping products. Follow these requirements to help ensure Primary Purpose integrity: 1. Apportionment, Deficits, and Chief Financial Officer Act Requirements. Charge and report work using the appropriate Treasury symbol (FSH 6509.11g). 2. Budget Line Items. Charge and report work using the appropriate budget line item (FSM 6510.5). WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 7 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 3. Accounting and Budget Reporting. Record and report costs using the Primary Purpose principle, to determine the appropriate fund and program to charge. See the FSH 6509.11g, Zero Code, for a list of Forest Service activities with their respective Primary Purpose determination. 6510.32 - Financing with Two or More Program Codes Application of the Primary Purpose principle results in financing with one program code in most circumstances. The only occasion when two or more program codes may be used to finance the same activity, is when those programs have the statutory authority to fund the same work. Units may finance activities using one or more program codes, in these instances. To the extent that funds are sufficient, use only one available program code. Where amounts in one program code are insufficient, however, two or more program codes may be used. See the examples displayed in exhibit 01 that follows: 6510.31b – Exhibit 01 Examples of Activities with Multiple Available Program Codes Activity Reforestation Salvage timber sale Restoration of improvements Aquatic species passage Available Program Codes NFVW, RTRT NFTM, SSSS RIRI with NFVW; RIRI with CMRD CMRD and CMLG Refer to the Primary Purpose Matrix (FSH 6509.11g, Zero Code) for other examples of activities that have multiple program codes. 6510.4 - Responsibility All Forest Service managers, whether line or staff, are responsible for providing controls and supervision to ensure the legal use of appropriations, special receipts, appropriation refunds, reimbursements, donated funds, and any other Agency funds for their unit or program area. 6510.41 - Washington Office 6510.41a - Chief The Chief is responsible for providing controls and supervision to ensure the legal use of appropriations, special receipts, appropriation refunds, reimbursements, donated funds, and any other Agency funds. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 8 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6510.41b - Deputy Chiefs It is the responsibility of all Deputy Chiefs to: 1. Ensure appropriations are used and controlled in compliance with legal requirements and Forest Service policy. 2. Obtain guidance on appropriation use, as needed, from the Washington Office, Director of Financial Policy. 3. In addition to the responsibilities set forth in paragraphs 1 and 2, the Deputy Chief for Business Operations is responsible for the following activities: a. The Job Corps National Field Office and the Job Corps Civilian Conservation Centers (FSH 1809.12), and b. The Sustainable Operations Program. 6510.41c - Chief Financial Officer It is the responsibility of the Chief Financial Officer (CFO) to: 1. Ensure all agency appropriations, including those specific to the CFO organization, are used and controlled in compliance with legal requirements and Forest Service policy. 2. Refer unresolved appropriation issues to Director of Financial Policy for resolution. 3. Issue policies regarding the use of appropriations and other funds within the Forest Service. 6510.41d - Director, Budget and Finance, Albuquerque Service Center (ASC-B&F) It is the responsibility of the Director, ASC-B&F to: 1. Ensure agency appropriations, including those under the control of the ASC-B&F, are used in compliance with legal requirements and Forest Service policy. 2. Obtain guidance on appropriation use, as needed, from the Washington Office, Director of Financial Policy. 3. Process budget and accounting transactions in an accurate and timely manner so that the resulting periodic financial reports are reliable. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 9 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6510.41e - Staff Directors 1. All staff directors. It is the responsibility of all staff directors to: a. Ensure appropriations are used and controlled in compliance with legal requirements and Forest Service policy. b. Obtain guidance on appropriation use, as needed, from the Washington Office, Director of Financial Policy. 2. Director of Financial Policy. In addition to the responsibility described in paragraph 1a., the Director of Financial Policy is responsible for providing assistance and advice on Forest Service appropriation use matters to the Chief, the Chief Financial Officer (CFO), Associate Chief, deputy chiefs, associate deputy chiefs, Washington Office staff directors, and Forest Service field offices. 3. Director of Fire and Aviation Management. In addition to the responsibility described in paragraph 1, the Director of Fire and Aviation Management is responsible for activities related to the licensing of the Smokey Bear program. 4. Director of Conservation Education. In addition to the responsibility described in paragraph 1, the Director of Conservation Education is responsible for activities related to the licensing of the Woodsy Owl program. 5. Director of the Office of Communication. In addition to the responsibility described in paragraph 1, the Director of the Office of Communication is responsible for activities related to the licensing of the Forest Service Insignia (shield). 6. Director of Recreation & Heritage Resources. In addition to the responsibility described in paragraph 1, the Director of Recreation & Heritage Resources is responsible for activities and operations of the National Recreation Reservation Service (NRRS). 7. Director of Engineering. In addition to the responsibility described in paragraph 1, the Director of Engineering is responsible for activities related to: a. The Environmental Compliance and Protection program, including the USDA Hazardous Materials Management Account, and b. The programs funded by the Federal Highway Administration transfer appropriations, for example, Treasury Symbol 12-69X8083. 8. Director of Sustainable Operations. In addition to the responsibility described in paragraph 1, the Director of Sustainable Operations is responsible for activities for energy efficiency within the Forest Service. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 10 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6510.42 - Regions, Forests, Stations, Area, International Institute of Tropical Forestry (IITF), Forest Products Laboratory, and Job Corps Centers 6510.42a - Line Officers All line officers are responsible for: 1. Ensuring that use and control of appropriations complies with legal requirements and Forest Service policy, and 2. Obtaining appropriation use guidance through the following channels, in order: the local budget officer, the regional or station or Area/Institute/Center budget officer and the Washington Office, Director of Financial Policy. In cases where the issue is not normal practice and requires higher level clarification and/or interpretation, the Washington Office, Director of Financial Policy is the official agency source on appropriation use guidance. 3. Collaborating on matters pertaining to the protection of experimental areas (6511.11j). 4. Ensuring timely submission of claims documentation to the ASC-B&F Claims Branch to ensure due process of claims and adjudication of related claims settlements. 6510.42b - Staff Directors 1. All staff directors are responsible for: a. Ensuring appropriation use and control are in compliance with legal requirements and Forest Service policy; b. Obtaining appropriation use guidance through the following channels, in order: the local budget officer; the regional or station or Area/Institute/Center budget officer; and the Washington Office, Director of Financial Policy. In cases where the issue is not normal practice and requires higher level clarification and/or interpretation, the Washington Office, Director of Financial Policy is the official agency source on appropriation use guidance. 2. Budget directors are responsible for providing field line officers and staffs with budgetary assistance and advice on legal and policy guidelines for commonly established appropriation use and for obtaining clarification and further guidance from the Washington Office, Director of Financial Policy. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 11 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6510.5 - Definitions Appropriation. An Act of Congress that authorizes an agency to obligate and make payments from the Treasury for specified purposes, amounts, manner, and timing. The term is used to define all classes of money available for use by the Forest Service and is not limited to those contained in the annual Interior and Related Agencies Appropriation Act. Appropriation Use. General rules and principles that govern the charging of appropriations. These rules and principles are based on annual appropriation acts and other statutes; regulations issued by other Federal entities such as the Department of the Treasury, the Office of Management and Budget; and actual case precedents issued as Comptroller General Decisions by the Government Accountability Office. Budget Line Item. The minimum level of reporting necessary for external reporting to the Office of Management and Budget, the Department of the Treasury, and the Congress. Clearing Accounts. Accounts set up to hold temporarily general, special, or trust collections that subsequently will be credited to the proper receipt or expenditure account. For example, the Budget Clearing account is Treasury Symbol 12F3885, Foundation Financial Information System (FFIS) fund code, OPAC. Deposit Fund Accounts. Expenditure accounts established to account for collections that are either held temporarily and later refunded or paid upon administrative or legal determination as to the proper disposition, or held by the Forest Service and paid out at the direction of the depositor. For example, the Timber Sale Deposit Fund is Treasury Symbol, 12X6500, FFIS fund code, TDTD. General Fund Receipt Accounts. Federal fund accounts credited with collections that are not earmarked by law for a specific purpose. For example, the Miscellaneous Receipts account is Treasury Symbol, 123220, FFIS fund code, 3220. All general fund receipt accounts have numerical fund codes in the Forest Service accounting system. General Fund Expenditure Accounts. Appropriation accounts established to record amounts appropriated by Congress. For example, the National Forest System appropriation is a general fund and the expenditure Treasury Symbol is 12X1106, FFIS fund code, NFNF. Primary Purpose Principle. The principle that governs the choosing of a financing source for a Forest Service work project. The Primary Purpose principle states “charge expenditures to fund a project on the basis of the principle purpose of the expenditure. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 12 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS Use this rule to avoid drawing fine lines for items that may serve one or more purposes incidental to the primary purpose.” (FSM 6510.31) Revolving Fund Account. Accounts authorized by specific provisions of law to finance a continuing cycle of business-type operations. Receipts are credited directly to the fund and are available for expenditure without further action by Congress. For example, the Working Capital Fund is Treasury Symbol, 12X4605, FFIS fund code, WCWC. Special Fund Receipt Accounts. Accounts credited with collections that are earmarked by law for a specific purpose. For example, the Salvage Sale Fund’s Treasury receipt account is 125204, with structured coding for the FFIS transactions, visible to users on the Standard Job Code (SJOB) Table. Special Fund Expenditure Accounts. Appropriation accounts established to record appropriated amounts of special fund receipts to be expended by special programs in accordance with specific provisions of law. For example, the Salvage Sale Fund’s Treasury expenditure account is 12X5204, FFIS System fund code, SFSF. Transfer Funds. Transfer funds are established to receive and disburse allocations and certain transfers under section 601 of the Economy Act, 31 U.S.C. 686. These allocations and transfers, including adjustments, are non-expenditure transactions. These accounts will carry the Treasury symbol identified with the original appropriation or fund. The Federal agency transferring the funds is known as the “parent agency”; the agency receiving the transfer fund is the “child”. For example, Forest Service has a child account from the Department of Transportation, Treasury Symbol, 12-69X8083, the Federal Highway Trust Fund. Trust Fund Expenditure Accounts. Appropriation accounts established to record amounts of trust fund receipts to be used to finance specific purposes or programs under a trust agreement or statute. For example, the Cooperative Work, Forest Service fund (which includes the Knutson-Vandenberg Trust) Treasury expenditure account is 12X8028, FFIS fund codes CWFS and CWKV. Trust Fund Receipt Accounts. Accounts credited with collections generated by the terms of a trust agreement or statute. For example, the Cooperative Work, Forest Service fund (which includes the Knutson-Vandenberg Trust) Treasury receipt account is 128028.001, with structured coding for the FFIS transactions, visible to users on the Standard Job Code (SJOB) Table. 6511 - APPROPRIATION USES 6511.06 - References Use the regulations, standards, principles, and procedural instructions provided in the following: WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 13 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 1. United States Government Accountability Office (GAO) Publications. The following publications provide guidance on appropriation law and use: a. Principles of Federal Appropriations Law (commonly referred to as the “Red Book”). b. The Comptroller General Decisions and Opinions. These publications are available at the following website address: http://www.gao.gov. 2. United States Department of the Treasury Publications. The following publications provide guidance on Treasury’s accounting policies and procedures for collections and payments, and the structure of Treasury-level accounts: a. Treasury Financial Manual, Volume I, Ch. 1500. b. Federal Account Symbols and Titles (FAST) Book. These publications are available at the following website address: http://www.fms.treas.gov. 3. The Federal Accounting Standards Advisory Board Publications. The following publications provide guidance on Federal accounting standards and financial statement display and footnotes: a. Federal Accounting Standards, such as Statement of Federal Financial Accounting Standards No. 6, Accounting for Property, Plant and Equipment, for asset maintenance and capital improvement guidance. b. Statements of Federal Accounting Concepts, Interpretations, Technical Bulletins, and Technical Releases. These publications are available at the following website address: http://www.fasab.gov. 4. Office of Management and Budget (OMB) Circulars. OMB Circulars provide guidance on budget preparation and execution, and the form and content of the Federal financial statements. These circulars are available at the following website address: http://www.whitehouse.gov/omb/circulars/index.html. 6511.1 - General Rules on Appropriation Use Appropriation laws and Comptroller General Decisions provide authorities, direction, guidance, clarification, and/or prohibitions on the expenditure of appropriated funds for certain items. Comptroller General Decisions carry the same effect as the statute(s) that the decision interprets WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 14 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS and apply governmentwide. For direction and specific cases supporting these rules, see the Government Accountability Office (GAO) publication, "Principles of Federal Appropriation Law” (FSM 6511.06) or the GAO website (FSM 6511.06, numbered paragraph 1). 6511.11 - Principles for Charging Appropriated Funds To analyze the intent of an appropriation act for uses not specifically covered in the language of the act, review the following, listed in order of precedence: 1. Authorizing legislation. 2. Legislative history of the related act, such as the Congressional Committee Reports. 3. Agency intent as expressed in the budget justification. 4. Comptroller General Decisions. 5. General Services Administration (GSA) Contract Board of Appeals decisions. 6. Opinions of the General Counsel and the Department of Justice. 7. Federal court decisions. 8. Executive Orders. 9. Code of Federal Regulations. 10. Federal Register notices. 11. Forest Service annual program planning, budgeting, and management information. 12. Forest Service Directive System. 6511.11a - Augmentation of Appropriations Appropriations may not be increased, added to, or otherwise “augmented” by using funds from other appropriations or other sources unless specifically authorized by law, such as 31 U.S.C. 1301 and 3302 and 18 U.S.C. 209. Comp Gen. Decisions interpreting the law include: B-139992, 16 Comp. Gen. 911, and 62 Comp. Gen. 678. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 15 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6511.11b - Bona Fide Need Theory A “good faith” need, a “real” need, is known in appropriations law by the Latin term, “bona fide” need. Bona fide need principles do not apply to no-year funds (43 Comp. Gen. 657, 661), but do apply to annual or multi-year appropriations. To obligate an annual appropriation (also called fiscal year or 1-year appropriation), the contract imposing the obligation must: 1. Be obligated during the fiscal year that the appropriation is available for obligation, and 2. Meet a bona fide need of the same fiscal year. 6511.11c - Non-Monetary Transactions (Barter) Without specific statutory authority, the bartering of government property for services is prohibited because it would result in an unlawful augmentation of appropriations (Office of the General Counsel Opinion, July 18, 1988). However, the Stewardship Contracting program, authorized by Section 347 of the Omnibus Appropriations Act of 2003 (Public Law 108-7) and 16 USC 2104, provides that the Forest Service, via agreement or contract, as appropriate, may enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and the public lands that meet local and rural community needs. Forest products are exchanged for services. Forest Service may enter into an unlimited number of stewardship contracts and agreements until September 30, 2013 (FSH 6509.11k, sec 56.18). 6511.11d - Period of Availability Several Forest Service appropriations are no-year funds, available until expended. In some instances, Congress may provide annual or multi-year appropriations that are available for limited periods. Do not obligate appropriations or funds that are limited to a definite time period after the expiration of such period (31 U.S.C. 1501). Funds received from other Federal agencies retain their original period of availability regardless of the terms of the agreement or contract or the manner of transfer or advance. 6511.11e - Prohibition on Advance of Monies Do not advance funds unless authorized by law (31 U.S.C. 3324). See the following list of exceptions and the Acts authorizing the advance of funds: WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 16 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 1. Payment for publications and subscriptions (31 U.S.C. 3324d). There is no restriction on the length of subscriptions. 2. Payment to cooperators and grantees under the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1645). 3. Payments to cooperators under the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2107). 4. Payment of annual post office box rental (25 Comp. Gen. 834). 5. Payments or advances of funds to other government departments and agencies under the Economy Act of 1932 (31 U.S.C. 1536) and the Treasury Financial Manual, Volume 1, Bulletin 2007-03. 6. Payments for tuition or training registration fees are authorized under Title 5, United States Code, section 4109 (5 U.S.C. 4109). 7. Payments to contractors when provided for in the contract (FSH 6309.22 - FAR 32.4). 6511.11f - Promoting Forest Service Programs [Reserved] 6511.11g - Seasonal Decorations Under the following conditions, Forest Service offices may use appropriated funds to purchase seasonal decorations when: 1. The decorations are for display in public areas (an entrance into a building, lobby, conference room, or other area that is deemed public by the line officer). 2. The decorations are not for private offices or for the personal convenience of an employee. 3. The decorations do not promote religious affiliations. 6511.11h - Purchasing Permits When Required by Statute for Forest Service Activities Appropriations available to the Forest Service, including transfer appropriations, may be used for purchasing permits when other governing bodies are authorized by statute to have preemptive jurisdiction over the permitted activity. For example, the Clean Water Act of 1977 (33 U.S.C. 1323) requires that Federal agencies having jurisdiction over any property or facility or engaging WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 17 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS in any activity that results, or may result in the discharge or runoff of pollutants must be subject to and must comply with all Federal, State, interstate, and local requirements, and administrative authorities, concerning the control and abatement of water pollution to the same extent as any non-governmental entity; this requirement includes the payment of customary service charges. 6511.11i - Emergency Operations 1. Wildland Fire. Reciprocal agreements with any fire organization maintaining wildland fire protection facilities near National Forest System property for mutual aid may be executed. These agreements must include a waiver by each party of all claims against the other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of such agreement (FSH 1509.11, ch. 70). Agreements may provide for reimbursement to any party for all or any part of the costs incurred. Without any agreement, emergency assistance may be rendered to extinguish fires and preserve life and property within the vicinity of the fire only when it is in the interest of the Government, in conjunction with the Reciprocal Fire Protection Agreement Authority (42 U.S.C. 1856). 2. Flood, Fire, or Other Natural Occurrence. Emergency assistance to landowners and land users to retard runoff and prevent soil erosion are authorized, when necessary to safeguard lives and property from flood, drought, and the product of erosion on any watershed; whenever fire, flood, or any natural occurrence is causing or has caused a sudden impairment of that watershed (16 U.S.C. 2203). 3. Federal Agency Request. When requests are rendered from another Federal agency, an interagency agreement with the responsible Federal agency identifying funding, and action to be taken by each agency, must be confirmed in writing (FSM 1585.12a). The Forest Service may perform whatever assistance it is equipped to render, under its authority, regardless of location, using funds advanced, or reimbursed under the Economy Act of 1932, as amended (31 U.S.C. 1535). 4. Federal Highway Administration, Emergency Relief Program. Funds authorized by Title 23, United States Code, section 125(c), when transferred to the Forest Service, are available to repair seriously damaged National Forest System roads and trails. These damages must have resulted from a natural disaster (FSM 1535.12 and FSM 7710). 5. Federal Emergency Response. The use of Forest Service personnel and equipment is authorized to protect life and property and to relieve suffering and distress arising from floods, hurricanes, tornadoes, earthquakes, fires, snowstorms, or other USDA or federally declared disasters or emergencies. See 42 U.S.C. 5121 et seq., The Robert T. Stafford Disaster Relief and Emergency Assistance Act, regarding emergencies declared by the President; see 7 U.S.C. 8306, The Animal Health Protection Act, regarding emergencies determined by the USDA Secretary. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 18 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6511.11j - Experimental Areas [Reserved] 6511.11k - Relocation Expenses of Displaced Persons Use the same appropriation(s) that were used to acquire the real property, whether the acreage was acquired for a Federal program or a federally assisted program, to pay the relocation expenses of displaced persons, businesses, or farm operations as authorized by Title 42, United States Code, sections 4601- 4655 (42 U.S.C. 4601-4655). 6511.11l - Search and Rescue Operations The payment of necessary expenses incurred in emergency search and rescue operations on National Forest System lands is authorized by Title 16, United States Code, section 575 (16 U.S.C. 575). The legislative history of this authority (Act of May 27, 1930) indicates that payment is anticipated from "regularly appropriated moneys”; which is interpreted to mean appropriations for the general operation and management of the National Forest System. Do not conduct rescue operations outside the external boundaries of National Forest System lands except when the search begins within these boundaries and continues into contiguous areas, and the urgency of the situation demands that the search be continued beyond the boundary. Charge expenses incurred to search for lost persons, aircraft rescue missions, and first aid to ill or injured persons as follows: 1. Forest Service Employees, Volunteers, or Enrollees. Charge the cost of search and rescue efforts of Forest Service employees, volunteers, or enrollees, while engaged in official activities, to the same funds that financed the project on which the lost or injured person was working. 2. Public Persons. The cost of search and rescue efforts for the benefit of public persons is comprised mainly of salaries for members of the search party. Charge the costs as follows: a. If the regular salary of the searcher is financed from the National Forest System appropriation, or Capital Improvement and Maintenance, or Wildland Fire Management, use the same program code for search and rescue work that is used for the salary. For indirect employees, charge to their regular Cost Pool. b. If the regular salary of the searcher is financed from other funds, such as Permanent Funds, Trust Funds, Other Appropriations, or Transfer Appropriations, charge the expense to an appropriation that is available for work of a similar nature to the work being performed at the time the emergency arose, such as the National Forest System, Forest Products program code, for a Salvage Sale person. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 19 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS c. In the case of a Research or State and Private Forestry searcher, or any person whose regular work has no corresponding funding in the National Forest System, Capital Improvement and Maintenance, or Wildland Fire Management appropriations, charge the most appropriate program, using the Primary Purpose principle, and as determined by the local line officer. d. If the searcher is a Forest Service Volunteer with a duly signed Volunteer Agreement, use the same program code for search and rescue expenses that is used for the searcher’s volunteer expenses. Accept voluntary donations made by private parties to pay for all or part of the search and rescue expenses and deposit the funds into Gifts and Bequests (fund and program code GBGB). If a reimbursable agreement is executed, then collections are recorded as a reimbursement to the appropriation charged under authority of section 5 of the Granger-Thye Act, as amended (16 U.S.C. 572). 6511.11m - Snow Removal Use the Primary Purpose principle to determine the appropriate program to finance snow removal from system roads or trails on National Forest System lands (FSM 6510.31). Snow removal at administrative sites is funded using Cost Pool 5, including salaries. 6511.11n - Nominal Value Items for Dissemination of Program Information [Reserved] 6511.11o - Federal Advisory Committees Appropriated funds may be used only for those advisory committees: 1. Specifically authorized by statute, the President, or the head of the agency after consultation with the Administrator of the General Services, and 2. For which notice has been published in the Federal Register. See Chapter 17, Volume IV, Federal Appropriations Law, for further guidance on funding Federal Advisory Committees (FSM 6511.06, para.1a). 6511.11p - State and Local Taxes The doctrine of sovereign immunity and the Supremacy Clause of the Constitution (U.S. Constitution, Article VI, clause 2) prohibit states from taxing the Federal government or its activities (McCulloch vs. Maryland, 17 U.S. (4 Wheat.) 316 (1819)). The Supreme Court’s early interpretation was aimed at the preservation of the Federal system (Government Accountability Office’s publication, “Principles of Federal Appropriations Law”, Volume I, Chapter 4, sec. 15a). WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 20 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS In the simplest situation, Federal tax immunity applies to attempts to tax directly the property or activities of a Federal department or agency. Evidence of tax-exempt status because of the Federal government’s immunity may take various forms, depending on the circumstances. For example, use of a government credit card or purchase order identifies the purchaser as an agent, agency, or instrumentality of the United States. Other forms are listed in the Federal Acquisition Regulation (FAR), Title 48, Code of Federal Regulations, section 29.305. Many taxing authorities have their own forms for claiming tax exempt status. When other evidence is not available or is inapplicable, immunity is often established by use of a “tax exemption certificate” such as Standard Form 1094, “U.S. Tax Exemption Certificate”, which is usually processed individually. Use of Standard Form 1094 is prescribed by and illustrated in the FAR (48 CFR 29.302(b), 53.229, and 53.301-1094). An essential element for Forest Service offices to claim tax exempt status is the Forest Service’s employer identification number, provided in exhibit 01, as follows: 6511.11p – Exhibit 01 Forest Service’s Employer Identification Number Forest Service’s employer identification number is required on all claims for tax exempt status 72-0564834 In some jurisdictions, tax exempt status can be established by providing a “tax-exempt number” obtained from the taxing authority. Where this procedure exists, it is governed by state regulation. Where available, this can be a simple and cost-effective way of invoking the Government’s tax immunity in situations where the amounts involved do not justify obtaining an official tax exemption certificate. State taxation issues center on three distinct types of taxing schemes, as follows: 1. Taxes linked to business transactions involving the Federal government, typically sales and use taxes. 2. State and local taxes frequently encountered by Federal government employees while performing government business, and 3. Property-oriented taxes linked to ownership or use of various types of real and personal property located within a state’s geographical boundaries. a. The U.S. Supreme Court has held that the imposition of a possessory use tax on the occupancy rights of a tenant occupying government-furnished housing (GFH) is a valid exercise of the taxing power of a state and its political subdivisions (United States v. County of San Diego, 965 F.2d 691 (9th Cir. 1992)). The rent levels set for WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 21 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS GFH are based on a survey of rents charged for open market rental properties. Rent for private property includes an amount to cover the private landlord’s property taxes. Under OMB Circular A-45, the real property tax paid by a private landlord is represented by a portion of the monthly contract rent. Since the private landlord’s property tax charge is not excluded from the contract rent in determining the base rental rate for comparability purposes, the GFH rental charge already reflects the real estate tax for comparable private rental property. The occupant of Forest Service GFH pays rent into the Quarters Maintenance Fund, and a portion of each payment is for property taxes. When the employee pays the possessory use tax to the taxing authority and requests a refund, Forest Service refunds the possessory use tax from the Quarters Maintenance Fund (FSH 6509.11k, ch. 40). b. Possessory use taxes charged by a taxing authority to Forest Service permittees (for example, recreation residence permit holders) are the permittees’ personal expense. Forest Service provides a list of permittees to the taxing authority when requested, but that is the full extent of the Agency’s involvement in the matter. These 3 types of taxing schemes are the subject of additional detailed guidance set forth in the Government Accountability Office’s publication, “Principles of Appropriations Law”, Volume I, Chapter 4, sec. 15a, available on the following website: http://www.gao.gov/legal/redbook.html. 6511.11q - Investments in Treasury Securities The U.S. Department of Treasury is responsible for keeping Federal monies invested in marketable securities of the Federal Government so that interest income is earned for the benefit of the Federal Government as a whole. The Treasury’s Bureau of Public Debt has sole responsibility for these investments; it borrows the money needed to operate the Federal Government and it administers the public debt by issuing and servicing U.S. Treasury marketable, savings and special securities. More information about the Bureau of Public Debt is available on the following website: http://www.publicdebt.treas.gov/. In a few cases, however, the Congress enacts legislation that explicitly gives investment authority to Federal departments and/or agencies, limiting investments to Federal Government marketable securities. When a Federal department or agency has investment authority, they are allowed to do the following: 1. Obtain access to the Treasury’s Bureau of Public Debt, Federal Investment Program’s computer system (website: http://www.treasurydirect.gov/govt/govt.htm) in order to conduct investment transactions. 2. Determine the amount of money in the Treasury account that is not needed for current obligations. This is the amount available for investment. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 22 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 3. Make the investment by contacting the Treasury’s Bureau of Public Debt, Federal Investments Program (website http://www.treasurydirect.gov/govt/govt.htm), and doing the following: a. Select the amount and term of the investment needed, b. Provide the accounting information for the monies being invested, and c. Record the purchase of the investment in the accounting system. 4. Record the interest income when the investment matures, crediting the same Treasury account that purchased the investment securities. 5. Use the money for obligations as defined in the legislative authority. See exhibit 01 below for a list showing the three (3) Forest Service Treasury accounts for which Forest Service has investment authority: 6511.11q – Exhibit 01 Treasury Accounts for Which Forest Service Has Investment Authority Treasury Account Symbol and Name 1. 12X8046, Reforestation Trust Fund 2. 12X8039, Land Between the Lakes Trust Fund 3. 12X5363, Valles Caldera Fund FFIS Fund Code and Program Code RTRT, RTRT LBTV, LBTV VCNP, VCNP See FSH 6509.11k, section 51.3 for investment accounting procedures. 6511.2 - Specific Appropriation Use 6511.21 - Specific Versus General Appropriation A budget line item (BLI) for a specific purpose precludes the use of any other BLI. This rule also applies to statutory and administrative appropriation limitations, budget activities, and specified projects. When the specific BLI is exhausted, it cannot be augmented with payments from a general BLI. For example, within the National Forest System appropriation, when locating the property boundary adjacent to a recreation site, charge the boundary work to Land Ownership Management program code, not Recreation or Facilities program code. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 23 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6511.21a - Two or More Specific Program Codes While it is a rule (6511.21) that a specific program code excludes the use of other program codes for the same work, when there are two or more specific program codes, each applicable to the same work, they are to be considered cumulative to the same work. For example, both Salvage Sales and Forest Products are available to prepare and administer salvage timber sales. However, only the Forest Products program code is available for regular timber sales. 6511.3 - Employee Related Appropriation Use 6511.31 - Employee Legal Fees Appropriated funds may be used to pay the reasonable cost of an employee's legal representation in administrative proceedings if the employee's conduct was within the scope of employment. For additional guidance, see Comptroller General Decision B-229052, dated October 28, 1987 (Comp. Gen. B-229052). Enrollees in hosted programs such as Job Corps, Senior Community Service Employment Program and Youth Conservation Corps are considered employees only if the legislation governing the particular program expressly states that the enrollees are considered employees for purposes of coverage under the Federal Tort Claims Act. In addition, the payment of legal fees may be part of an official settlement of an employment-related complaint case such as Equal Employment Opportunity. 6511.31a - Discrimination Payments 1. Age-Discrimination. a. Authority. (1) Title 29, United States Code, section 633a (29 U.S.C. 633a) prohibits age discrimination in Federal Government employment; (2) Title 29, Code of Federal Regulations, section 1613.271 (29 CFR 1613.27l) authorizes taking remedial actions; and (3) Comptroller General's Decision, volume 64, page 349, (64 Comp. Gen. 349) prohibits paying attorney fees for claims brought under the Age Discrimination Act of 1967, as amended (29 U.S.C. 625-633). b. Policy. Provide full relief when an appropriate agency official or the Equal Employment Opportunity Commission finds that a Forest Service employee was discriminated against due to age. Payment to a person discriminated against is made on a make-whole basis for any loss of earnings that the employee may have suffered. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 24 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS This may include a retroactive promotion computed according to Title 5, Code of Federal Regulations, Section 550.805 (5 CFR 550.805) (Backpay Computation) unless the record contains clear and convincing evidence that the employee would not have been promoted or employed at a higher grade in the absence of the discrimination. 2. Unjustified or Unwarranted Personnel Action. a. Authority. The authorities to provide backpay due to an unjustified or unwarranted personnel action are Title 5, United States Code, sections 5596 and 7701g (5 U.S.C. 5596 and 7701g) and Title 5, Code of Federal Regulations, sections 550.801 through 550.807 (5 CFR 550.801 – 550.807). b. Policy. Provide backpay to a Forest Service employee when an appropriate official determines that the employee was adversely affected by an unjustified or unwarranted personnel action. The Forest Service must also pay reasonable attorney fees related to such a personnel action when: (1) Payment is in the interest of justice, as determined by the appropriate official. (2) A specific written finding by the appropriate official explains the reasons such payment is in the interest of justice. (3) The payment of reasonable fees is for services of attorneys, law clerks, paralegals, or law students. c. Definitions. (1) Appropriate official. An official of an entity that has authority in the case at hand to correct or direct the correction of an unjustified or unwarranted personnel action including: (a) a court, (b) the Comptroller General of the United States, (c) the Office of Personnel Management, (d) the Merit Systems Protection Board, (e) the Equal Employment Opportunity Commission, (f) the Federal Labor Relations Authority and its General Counsel, (g) the Foreign Service Labor Relations Board, (h) the Foreign Service Grievance Board, (i) an arbitrator in a binding arbitration case, and (j) the head of the employing agency or another official of the employing agency to whom such authority is delegated. (2) Unjustified or unwarranted personnel action. An act of commission or omission, that is, failure to take an action or confer a benefit, which an appropriate authority subsequently determines, on the basis of substantive or procedural defects, to have WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 25 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS been unjustified or unwarranted under applicable law, Executive order, rule, regulation, or mandatory personnel policy established by an agency or through a collective bargaining agreement. Such actions include personnel actions and pay actions alone or combined. 3. Equal Employment Opportunity Settlement Payments. a. Authority. Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination based on race, color, religion, sex, or national origin (42 U.S.C. 2000e -16, as implemented in 29 CFR 1613). b. Policy. The responsible line officer shall provide full relief when an appropriate agency official or the Equal Employment Opportunity Commission finds that a Forest Service employee was discriminated against. Payment to a person discriminated against is made on a make-whole basis for any loss of earnings that the employee may have suffered. This may include a retroactive promotion computed according to 5 CFR 550.805 (Backpay Computation) unless the record contains clear and convincing evidence that the employee would not have been promoted or employed at a higher grade in the absence of the discrimination. The responsible line officer may informally settle discrimination complaints by: (1) Authorizing backpay, attorney fees and costs, and (2) Granting other appropriate relief without a corresponding personnel action and/or without a finding of discrimination. The responsible line officer shall authorize award payments related only to back pay, or that do not exceed the maximum amount recoverable under Title 42, United States Code, section 2000e (42 U.S.C. 2000e) if a finding of discrimination was made. An award payment must not include punitive damages, but may include compensatory damages in accordance with section 102 of the Civil Rights Act of 1991 (42 U.S.C. 1981a). The responsible line officer may authorize payments for travel and relocation expenses in settlement of a discrimination complaint. Payment of such expenses does not constitute an award in the sense of compensation for any alleged harm suffered by the employee. The payment is simply a means of facilitating the transfer. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 26 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6511.31b - Additional Cost for Government Employees’ Special Needs Appropriations are available to pay expenses necessary for an employee with special needs (Comp. Gen. B-188710, September 23, 1977). Examples of necessary expenses directly related to an employee with special needs include interpreters for the hearing impaired and readers, taping, and brailing of course materials for the sight impaired. For allowable travel expenses for those with special needs, see Federal Travel Regulations (FTR) Part 301-13 – Travel of Employee with Special Needs. Examples of allowable travel expenses for those with special needs include: 1. Transportation and per diem expenses incurred by a family member or other attendant who must travel with you to make the trip possible; 2. Specialized transportation to, from, and/or at the TDY duty location; 3. Specialized services provided by a common carrier to accommodate your special need; 4. Costs for handling your baggage that is a direct result of your special need; 5. Renting and/or transporting a wheelchair; 6. Premium-class accommodations when necessary to accommodate your special need, under Subpart B of Part 301-10 of this subchapter; and 7. Services of an attendant, when necessary, to accommodate your special need. 6511.31c - Federal Daycare Operations Under Title 40, United States Code, section 490b (40 U.S.C. 490b) appropriated funds may be used to pay for space in Federal buildings and services provided in connection with such space for daycare services for Federal employees. Authorized services include: lighting, heating, cooling, electricity, office furniture, office machines and equipment, telephone service, including installation of lines and equipment and other expenses associated with telephone service, and security systems, including installation and other expenses associated with security systems. Such space may be provided without charge for rent and services. If Forest Service units charge for the expenses, deposit payments collected for rent and services to the Miscellaneous Receipts Treasury Account. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 27 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS Contract daycare providers and Federal employees whose duties include the provision of daycare services may be reimbursed for travel, transportation, and subsistence expenses when required to attend training classes, conferences, or other meetings related to the daycare services. Such travel must be in accordance with the Federal Travel Regulations (FSH 6509.33, ch. 301). For further guidance related to Forest Service childcare facilities and related costs, see FSM 6444. In addition, Comptroller General's Decision B-256158, dated September 27, 1994 (Comp. Gen. B-256158), determined that consulting services, including travel, which are necessary to establish or maintain a childcare facility, are allowable expenses payable from government appropriations. 6511.31d - Nonmonetary Awards for Employees, Private Individuals, and Organizations Forest Service funds may be used to purchase merchandise, for example, food or food vouchers for use as nonmonetary awards of nominal value for employees who meet the requirements of the Government Employees Incentive Awards Act (5 U.S.C. 4501-4506; FSH 6109.13, ch. 30). Private individuals and organizations that make contributions to Forest Service programs may be recognized under the authority of Title 16, United States Code, Section 556h (16 U.S.C. 556h). See paragraph 2a for the definition of monetary and nonmonetary awards. 1. Authority. a. Government Employees Incentive Awards Act, Title 5, United States Code, sections 4501-4507 (5 U.S.C. 4501-4507). The act authorizes an agency to pay a cash award to an employee who by "suggestion, invention, superior accomplishment, or other personal effort contributes to the efficiency, economy, or other improvement of government operations or achieves a significant reduction in paper work," or who "performs a special act or service in the public interest in connection with or related to his official employment". This act also allows for the issuance of nonmonetary awards to employees to recognize small acts that may otherwise go unrecognized. b. Public Law 105-277, Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1998, Title 16 United States Code, section 556h (16 U.S.C. 556h). This law authorizes the use of funds available to the Forest Service to provide nonmonetary awards of nominal value and incur necessary expenses for the recognition of private individuals and organizations making contributions to Forest Service programs. 2. Definitions. a. Nonmonetary Awards. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 28 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS (1) Nonmonetary awards may be items of an honorary nature that may be worn, displayed, or used in the work environment. For example, a cup, desk pen set, briefcase, desk clock, jacket or T-shirt, thermos, flashlight, compass, daypack, or small lunch cooler. These nonmonetary awards must display a Forest Service shield or other appropriate inscription related to the granting of the award. (2) Another type of nonmonetary award includes gift certificates or gift cards which allows for merchandise, including food items, to be used as a form of award. Gift cards directly related to an official performance awards program are not confused with the gift certificates and/or gift cards which serve as alternate payment tools for authorized program use (FSH 6509.11k, ch. 40). (a) The purchase card must be used for purchasing gift certificates or gift cards directly related to an official performance awards program. (b) Gift cards directly related to an official performance awards program are a cash equivalent and therefore have a payroll tax consequence. To account for that tax consequence and to ensure the employee is not penalized, add funds to the intended net award amount on the award form so the employee will see a net-zero effect on net payment. For example, if the intended net award is $50, and the tax is $5, make the award amount on the award form to equal $55. The net award amount is included in their taxable wage on their W-2, but the gross-up amount covers the taxes. 3. Authorized Expenditures for Award Ceremonies. (FSM 6511.31e). 6511.31e - Employee Award Ceremonies 1. Authority. The Government Employees Incentive Awards Act (5 U.S.C. 4503) provides that the head of an agency may pay a cash award, incur necessary expenses for the honorary recognition of an employee, or authorize a nonmonetary award. 2. Objectives. Forest Service objectives for providing refreshments and incurring certain other costs at an employee award ceremony are to enhance the effectiveness of the awards ceremony and better meet the recognition needs of the employee. 3. Policy. Forest Service line officers may use appropriated funds for costs of an employee award ceremony (para. 5). Line officers shall emphasize prudence on the use of the funds and be sensitive to employee and public perception to avoid the appearance of extravagance. 4. Responsibility. It is the responsibility of line officers to use the authority outlined in 5 U.S.C. 4503 and to establish procedures that comply with agency policy for providing refreshments and incurring certain other costs at employee awards ceremonies. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 29 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 5. Authorized Expenditures. The following kinds of expenses may be incurred: a. Light refreshments such as coffee, soft drinks, and finger foods. b. Banquet-style meals, limited to the awardee and three guests at a Forest Service sponsored award ceremony. c. Miscellaneous costs that are determined to be reasonable and necessary such as flowers, table decorations, corsages, and boutonnieres. d. Travel costs for an individual related by blood or affinity, whose close association with the employee is the equivalent of a family relationship. Travel and miscellaneous expenses may also be paid for a surviving spouse or other individual with a close relationship to the employee, or other appropriate representative, to receive an award on behalf of a deceased recipient (Comp. Gen. B-111642, May 31, 1957). Where a recipient is disabled and cannot travel unattended, the travel and miscellaneous expenses of an attendant, whether or not a family member, may be paid (55 Comp. Gen. 800 (1976). e. Banquet style meals at externally sponsored award ceremonies honoring Forest Service employees are limited to the awardee/nominee, and three guests when meals are not provided for by the external organization. Externally sponsored award ceremonies are those that honor a Forest Service employee who performed a special act or service in the public interest, in connection with or related to the employee’s official employment. 6. Unauthorized Expenditures. Official funds must not be used for alcoholic beverages and retirement receptions. 6511.31f - Smoking Cessation Course Appropriated funds, when available, may be used to pay costs incurred by employees participating in agency-authorized smoking cessation programs (5 U.S.C. 7901). The dollar amount to be spent for any employee shall be determined by the line officer (FSM 6510.42). The Forest Service may pay for subsequent smoking cessation programs for employees who find it difficult to break their addiction to tobacco and have a serious desire to try again. Payment for personalized medically supervised smoking cessation programs conducted in a hospital or under personal medical supervision is not authorized. 6511.31g - Wellness and Fitness Programs Appropriated funds may be used, when available, to establish and operate health promotion, disease prevention, and physical fitness programs to promote a healthy workforce. Before WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 30 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS appropriated funds may be expended, the unit must have a wellness plan. Each wellness plan should analyze potential risks and benefits and spell out the policy of the unit regarding available equipment and facilities, personal fitness plans, and other pertinent issues regarding wellness. 1. Authority. a. Title 5, United States Code, section 7901 (5 U.S.C. 7901) and Title 5, Code of Federal Regulations, (5 CFR part 792). The act authorizes the head of each agency to establish a health-service program to promote and maintain the physical and mental fitness of employees, within the limits of available appropriations. There is no authority to pay for employee family member access to fitness facilities or authority to buy insurance for others who may be injured using government equipment and facilities. b. Comptroller General's Decision, volume 70, page 190 (70 Comp. Gen. 190). Authorizes agencies, within available appropriations, "to provide access to private health and fitness facilities for its employees as part of its health service program." c. Internal Revenue Service Private Letter Ruling 9029026 (April 20, 1990). States that amounts reimbursed by employers to employees for membership in an exercise or fitness facility are taxable fringe benefits to the recipients. 2. Responsibility. Line officers at each level of the organization are responsible for following established policy to set guidelines and limitations for their units. The following are minimum responsibilities: a. Establish a local wellness plan for your unit. Each local wellness plan must list the wellness activities being authorized, for example: health screenings, smoking cessation, and weight management programs, and cardio fitness. b. Identify which of the following financial arrangements will apply to each activity: (1) Government Provided: The activity will be provided using a central procurement for the office as a whole, therefore no employee reimbursement is available for the activity; or, (2) Employee Reimbursement: Participation in the activity must be on an employee reimbursement basis where the employee pays the participation fee, in full, then seeks allowed reimbursement at the end of the participation period, after the goods or services have been received. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 31 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS c. When the government provides equipment, purchase durable physical fitness and exercise equipment similar to that found in a physical fitness or exercise facility, such as a treadmill, stationary bicycle, or stair-stepper. Ensure that fitness equipment purchased complies with all published directives and guidelines. d. Establish a reasonable per-year/per-employee maximum dollar amount for reimbursements. Employee reimbursements are only for commercial programs, centers, and institutions. The amount reimbursed may not exceed the cost of an individual tuition or membership, even if a family membership is purchased. Ensure that a participating employee and his/her supervisor have both signed the employee’s documented personal wellness plan (PWP) which should be an individualized program dependent on the agreed-to wellness activity or activities: 3. Authorized Expenditures. After a unit wellness plan has been established, appropriated funds may be used to: a. Educate and counsel employees; for example, smoking cessation classes (FSM 6511.31f), nutritional and weight management classes, health risk appraisals, and health screenings, with reasonable follow-up. The local wellness plan must identify if these wellness activities are provided on a reimbursable basis to employees or if they are procured centrally for the office as a whole. b. Provide physical fitness equipment and facilities at the Forest Service office or an alternate location, with amenities such as exercise equipment, lockers, and shower rooms. In the absence of a reasonably available fitness facility, durable physical fitness equipment similar to that found in the fitness facility may be purchased and maintained at a Forest Service location or at an employee’s residence in accordance with the restrictions in FSM 6414.2 Personal Property Management directives. c. Reimburse employees for individual health and wellness program tuitions and memberships even if the employee purchases a family membership, or fitness facility type durable equipment purchases (subject to the restrictions in FSM 6414.2 Personal Property Management directives). 4. Restrictions. The employee and manager are required to protect the Government from liability by allowing only government employees to use equipment and facilities purchased with appropriated funds. An employee shall be reimbursed for the cost of an individual membership even though the employee purchased a family, or more expensive, membership. When the local line officer approves the purchase of equipment for an employee’s personal use, document the lack of reasonable alternatives and file a copy of this determination in the PWP and with the procurement documents. Reasonable alternatives WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 32 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS to the purchase of home fitness equipment include, but are not limited to, a reasonably available fitness facility or other fitness space such as available open space in the Forest Service office. Any equipment acquired is government property and is subject to FSM 6414.2, Personal Property Management directives. The employee is responsible to return the equipment to the Forest Service office when the employee is transferred or has ceased employment, when the PWP is discontinued, or the PWP is changed to render the equipment unnecessary. Before procuring wellness equipment for personal use, obtain permission from the Director of, or staff responsible for Acquisition Management. 5. Liability. Participation in fitness and wellness programs is a personal and voluntary choice, unless an employee's position requires a certain level of fitness such as required for fire and law enforcement personnel. a. Claims filed under the Federal Employees Compensation Act (5 U.S.C. 8100). Employees injured while engaged in a physical fitness activity identified in the employee's personal fitness plan (PFP) have the right to file a claim for benefits under the Federal Employees Compensation Act (FECA). Prior to injury, the employee and the employee’s supervisor must have signed a PFP, which authorized the employee’s participation in that activity. Without this written agreement, an employee is not eligible to file a claim under this authority. Employees who are injured while traveling to or from a fitness activity are generally not eligible to file a claim under FECA for their injuries. b. Reimbursement under the Military Personnel and Civilian Employees Claims Act (31 U.S.C. 3721). Employees generally are not eligible for reimbursement for personal property damage incurred, while traveling to or from a fitness activity under this act. Under certain circumstances employees, whose positions require maintenance of a certain physical fitness level, may satisfy the criteria for an allowable claim for property damage under the provisions of this act. Under these limited instances, an award may be made (FSH 6509.11h, sec. 40). c. Claims filed under the Federal Tort Claims Act (FTCA) (28 U.S.C. 1346(b), 2401(b), and 2671-2680). Third parties, or their legal representatives, have the right to file a claim under the FTCA, when suffering property damage, personal injury, or death as a result of the negligence of a Forest Service employee. Scope of employment may include travel to or from a fitness facility for employees whose positions require maintenance of a certain physical fitness level. Employees whose positions do not require maintenance of a certain physical fitness level are acting in their individual capacities and would not be covered under FTCA. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 33 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6511.31h - Recreation Facilities and Services for Employees The Forest Service may provide minimum recreation facilities and opportunities for its employees consistent with the degree of isolation and permanence of the individual work centers and fire camps. Finance these facilities and services using the Primary Purpose principle to determine the appropriate BLI. Any appropriations and funds available to the Forest Service may be charged for this purpose, subject to servicewide limitation of $100,000 per fiscal year (16 U.S.C. 554d). 1. The $100,000 annual limitation must be assigned to the regions, stations, Area, International Institute of Tropical Forestry, Forest Products Laboratory, and Job Corps Centers in the annual program budget advice. 2. At temporary isolated work centers, tent camps, or fire camps, limit expenses to moderately priced recreational items such as: a. Recreation equipment (such as softballs, volleyballs, badminton sets, and horseshoes). b. Small games (such as chess and checkers, writing materials, selected books, and magazines). c. Radios and television sets. 3. At permanent isolated work centers, limit expenses to appropriate items such as the following: a. All of the items listed in paragraphs 1-3. b. A modest combination of a tennis-volleyball-badminton-basketball court. c. An improved softball field. d. Television antennas. e. Cable television subscription or satellite television system. At permanent isolated work centers, and not subject to the servicewide limitation of $100,000 (16 U.S.C. 554d), other recreation and entertainment services and devices may be furnished as an amenity under the authority of the Facilities and Quarters Act (5 U.S.C. 5911). Television antennas, cable television subscriptions, and/or satellite systems at permanent locations, must be included in the quarters rental rate as established under OMB Circular A-45 and FSM 6445. Do not record such charges against the $100,000 limitation pursuant to 16 U.S.C. 554d. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 34 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6511.31i - State Licenses and Certification Fees Under the following conditions, appropriations or funds available to the Forest Service may be used to reimburse employees for the cost of State licenses and certification fees (16 U.S.C. 556g): 1. The license and/or certification fee is required by State or Federal laws, regulations, or requirements. 2. The license and/or certification fee is necessary for certain employees to perform their jobs. Some examples include license and/or certification fees related to sewer abatement facility operators, heavy-duty truck drivers, real estate appraisers, blasters, and surveyors. This is not intended to cover regular State drivers’ licenses. The Interior and Related Agencies Appropriation Act made the authority for this policy permanent, in fiscal year 1993, Public Law 104-134 (Pub. L. 104-134). 6511.31j - Telephone Service and Tolls Except as otherwise provided by law, appropriations are not available to pay for telephone service, installation, tolls, or other charges in any private residence or private apartment, except for long-distance telephone tolls required strictly for public business and included on vouchers approved by the head of the Department, division, bureau, or office of the official (31 U.S.C. 1348). A Forest Service exception to this law is section 10 of the Granger-Thye Act, as amended (16 U.S.C. 580f). This act allows the use of appropriations to pay for telephone service installed in residences of employees; and of persons cooperating with the Forest Service, who reside within or near such land, when such installations are determined to be needed in protecting such lands. In addition to the service charge, only tolls or other charges strictly for the public business may be paid. A government wide exception is in effect for telephone charges in connection with the Federal Flexiplace Project (Pub L. 103-249, sec. 625). 6511.31k - Membership Fees and Dues Appropriated funds may not be used to pay membership fees of an employee in a society or association. The appropriation does not apply if an appropriation is expressly available for that purpose, or if the fee is authorized under the Government Employees Training Act. Under the Training Act, membership fees may be paid if the fee is a necessary cost directly related to the WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 35 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS training or condition precedent to undergoing the training (see 5 U.S.C. § 4109(b)). Agency memberships in a society or association may be paid for under certain conditions. Use the guidelines in FSH 6309.32, Part 4G13.001-70. 6511.31l - Telephone Calling Card Commercial telephone calling cards or other commercial pre-paid debit cards or telephone service for long distance service is not an authorized expense or use of agency funds (FSM 6612.14). 6511.31m - Business Cards Subject to approval by the local fund manager, official funds may be used to purchase business cards for employees whose jobs involve frequent travel or Forest Service representation in meetings with other agencies and outside organizations (FSH 6309.32, Part 4G13.001-70). 6511.31n - Professional Liability Insurance See FSH 6109.12, chapter 70 for guidance on professional liability insurance. 6511.31o - Employee Association Activities and Charitable Fund Drives In accordance with 41 CFR 102-74.410, all persons entering or on Federal property are prohibited from soliciting money and non-monetary items, or commercial or political donations, vending merchandise of all kinds, displaying or distributing commercial advertising, or collecting private debts, except for the following: 1. National or local drives for funds for welfare, health, or other purposes as authorized by 5 CFR part 950, entitled, “Solicitation of Federal Civilian and Uniformed Service Personnel For Contributions To Private Voluntary Organizations”, and sponsored or approved by the occupant agencies; 2. Concessions or personal notices posted by employees on authorized bulletin boards; 3. Solicitation of labor organization membership or dues authorized by occupant agencies under the Civil Service Reform Act of 1978 (Public Law 95-454); 4. Lessee, or its agents and employees, with respect to space leased for commercial, cultural, education, or recreational use under 40 U.S.C. 581(h). Public areas of GSAcontrolled property may be used for other activities in accordance with subpart D of this part; 5. Collection of non-monetary items that are sponsored or approved by the occupant agencies; and WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 36 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6. Commercial activities sponsored by recognized Federal employee associations and onsite child care centers. 6511.4 - Ceremonies, Conventions, and Other Gatherings Use the criteria in FSM 1580.6, Identification and Use of Forest Service Instruments, to determine the method and type of document to use for Forest Service participation in symposia, conferences, and workshops. The type of document used must be compatible with the appropriation intent. 6511.41 - Lunchroom Appliances Purchase of soft drinks, alcoholic beverages, coffee makers, cups, refrigerators, and other lunchroom appliances are in the nature of entertainment and generally for the personal convenience of individual employees. Unless specifically provided by law, entertainment expenses are not "necessary expenses" for an appropriation and may not be paid. However, should the local line officer administratively determine, and the regional Director of Budget (or equivalent) concur, that equipping the workplace with appliances such as a refrigerator, microwave oven, or toaster is reasonably related to the efficient performance of Agency activities, and not just for the personal convenience of individual employees, it may use appropriated funds to purchase such appliances for the workplace. The purchase of the lunchroom appliances would be a “necessary expense” of the appropriation if the Agency administratively determines that having them in the workplace is reasonably related to the efficient performance of agency activities, and not just for the personal convenience of individual employees (Comp. Gen. B-276601, June 26, 1997). The lunchroom appliances must be located in a common area, accessible to all employees. 6511.41a - Official Reception and Entertainment Expenses Administrative Provisions for the Forest Service, in the Appropriation Act for the Department of the Interior, Environment, and Related Agencies, authorizes the Chief to spend a small amount of funds available to the Forest Service for official reception and entertainment expenses each fiscal year. Entertainment includes food and drink, either as formal meals, snacks, or refreshments; receptions, banquets, and the like; live or recorded music, live artistic performances; and recreational facilities. Interagency working sessions or routine business meetings do not qualify as official receptions. Although this authority confers considerable discretion on the types of entertainment expenses that may be incurred by the Chief, it has two basic restrictions: (1) only use the funds in connection with official Forest Service business and (2) use the funds in compliance with the U.S. Department of Agriculture regulations including Title 7, Code of Federal Regulations, section 0.735-11(b)(3) (7CFR 0.735-11(b)(3)), which prohibits alcoholic beverages or narcotics on government-owned or leased land. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 37 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS The Chief’s official reception and entertainment allowance is the only official funds available to finance the purchase of gifts for dignitaries of foreign governments. Any gift costing $305 or more must be approved by the State Department before it is presented to any representative of a foreign government. 6511.41b - Meals at Official Station Meals at an employee's official station usually are not considered a necessary government expense. However, if a meal is provided in connection with a business-related meeting or symposium and there is a charge for the meal, the cost may be considered necessary (Comp. Gen. B-249249). To qualify as a necessary expense, the meal must be an incidental part of the event. In other words, the purpose of the gathering must further the Agency's mission and attendance at the meal is necessary for full participation and to avoid missing essential event discussions. Using meals as a convenience to conduct meetings does not qualify the meal cost as a necessary expense. The government is prohibited from providing meals to employees at the official duty station associated with emergency activities, such as fire. 6511.41c - Refreshments at Meetings Guidance regarding refreshments at meetings may be found in FSM 1360, Meetings Management. 6511.41d - Food for Non-Federal Individuals 31 U.S.C. 1345 prohibits an agency from using appropriated funds to provide food to nonFederal persons at any gathering, unless there is a statute or appropriation that specifically authorizes the expenditure (e.g., food provided to individuals serving under invitational travel orders pursuant to the “invitational travel” statute, 5 U.S.C. 5703; food paid for out of an “official reception and representation” appropriation). 6511.41e - Cultural Awareness Programs Appropriated funds are available for cultural demonstrations and to prepare and serve small samples of foods during formal ethnic awareness programs as part of the Agency's equal opportunity program (60 Comp. Gen. 303). 6511.41f - Purchase of Bottled Drinking Water Many Comptroller General Decisions have stated and re-stated the one circumstance under which the purchase of bottled drinking water is a necessary expense for official appropriated WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 38 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS funds. Only when the available drinking water is documented by the appropriate authorities to be unwholesome and unpotable, is the purchase of bottled drinking water considered to be a necessary expense. The following 3 examples illustrate the issues: an office or hotel setting, the off site meeting or conference setting, and remote field work or emergency incident such as wildland firefighting, hurricane or earthquake disaster relief, and so forth. See the following numbered paragraphs for additional information on these 3 examples. 1. An Office or Hotel Setting. Comptroller General Decision B-303920, March 21, 2006, states the following: Bottled drinking water for employees is ordinarily considered a personal expense, appropriated funds may be used to purchase bottled drinking water for employees only upon a showing of necessity. 2. An Off-Site Meeting or Conference Setting. a. As long as the offsite facility has potable water, official funds may not be used to purchase bottled drinking water. Unpotable, unwholesome drinking water must be documented by the appropriate authorities and found to pose a health risk. b. Light refreshments excludes the purchase of bottled drinking water. Comptroller General Decision B-288266, Jan. 27, 2003, lists examples of light refreshments for official conferences: This Comptroller General Decision must not be interpreted to authorize the purchase of bottled drinking water as part of the light refreshments for an official conference. B-288266 addresses light refreshments in general. When a specific authority (such as B-303920 in section A above) and a general authority both apply, the specific authority is the one that ultimately governs. 3. Remote Field Work or Emergency Incident Assignment. An official Job Hazard Analysis and/or documented emergency working conditions will determine the availability or the absence of wholesome, potable, drinking water. Unpotable, unwholesome drinking water must be documented by the appropriate authorities and found to pose a health risk. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 39 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6511.5 - Construction and Maintenance 6511.51 - Construction and Maintenance of Forest Signs The construction and maintenance of Forest signs is financed using the Primary Purpose principle to determine the appropriate fund/program to be charged. Pay for signs that are an integral part of a structure from the same funds used to pay for the structure. See FSH 6509.11g zero code for the current Primary Purpose Matrix. 6511.51a - Street Paving, Curb, or Sidewalk Construction Local government assessments for construction of sidewalks, curbs, or street paving along the boundary of government-owned residential or otherwise improved lots must be paid from the appropriation used to maintain the structure (16 U.S.C. 555b). 6511.51b - Firefighter's Grave Care Forest Service appropriations may be used to care for graves of persons who lost their lives fighting forest fires, while employed by the Forest Service (16 U.S.C. 554c). This authority is currently limited to graves at St. Maries and Wallace, Idaho, and at Newport, Washington (Regions 1 and 6). 6511.6 - Utilities 6511.61 - Connection and Operation Charges The Forest Service may pay connection and service charges for public utility systems, provided that they are based on a fair and reasonable value when compared to the service provided. A charge for services rendered by state or local government to the United States is to be distinguished from a tax (sec. 6511.11p). The Forest Service may operate and maintain a facility with either employee staff or through a contract operator. The Forest Service may also issue a special use permit under section 7 of the Granger-Thye Act, as amended (16 U.S.C. 580d) for others to assume control and operation of its facilities. When the Forest Service pays operation and maintenance costs through an account or contract, these costs must be recovered from non-Forest Service users through a collection agreement authorized under section 5 of the Granger-Thye Act (16 U.S.C. 572). Use cooperative work funds to defray both system maintenance and operation costs attributable to non-Forest Service use. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 40 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6511.61a - Private Utility Relocation or Removal Payment for private utility improvements and facilities on National Forest System lands is authorized under an easement for right-of-way. When these items are removed or relocated, the Forest Service has no authority to pay for the expense from any appropriation. This applies even if the Forest Service requires the removal or relocation (23 U.S.C. 123). 6511.7 - Other Expenses 6511.71 - Volunteers in the National Forest Act Payment of incidental expenses authorized under the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558b) is limited to trust funds and permanent and annual appropriations made to the Forest Service under the Interior, Environment, and Related Agencies Appropriation Act. Do not use transfer appropriations to pay expenses authorized except when expressly authorized in that agency's authorizing or appropriation language (31 U.S.C. 1342). 6511.71a - Community Support Activities Appropriated funds may be used for reasonable participation, in recognized and publicly accepted civic, charitable, and similar community support activities such as food, clothing and blood drives, and partnerships with local schools. Ensure that such use is consistent with relevant Comptroller General Decisions, cited below, on the use of appropriated funds. 1. Authority. The Comptroller General recognizes that participation of a Federal agency in the civic and charitable needs of the community in which it operates is an official activity (71 Comp. Gen. 469, section B-243862 (1992)). 2. Responsibility. It is the responsibility of line officers to: a. Determine what community activities are reasonable and appropriate for Forest Service participation on their units, b. Consider public opinion, cost, and the potential liability that may arise from participation in such activities, and c. Consider any appearance of government waste and misuse of time and equipment. 3. Participation Guidelines. a. Recognize the responsibility of the Forest Service to contribute to the welfare of the community as a whole, including Forest Service employees. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 41 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS b. Ensure that the collective expenditures of time and resources for participation in the day-to-day civic and charitable needs of the communities in which the Forest Service operates are prudent and insubstantial. c. Limit participation to the official time of employees and necessary use of equipment, supplies, and transportation. d. Avoid participation in political or religious activities that would give the appearance of government endorsement of a political party or candidate or of a particular religious affiliation. 4. Costs and Financing. Since the benefit of assisting the community accrues to the unit as a whole, identify all costs incurred as indirect costs to be financed proportionally by all program funds available on the unit (cost pool allocation). 6511.8 - State, Private, and Other Agencies 6511.81 - Indirect and Tuition Remission 1. Authority. Section 1404(16) of Public Law 95-113 (Pub. L. 95-113), as amended by section 1404 of (Pub. L. 97-113; 7 U.S.C. 3103) defines State cooperative institutions as those institutions designated by: a. The Act of July 2, 1862 (7 U.S.C. 301 and the following), commonly known as the First Morrill Act; b. The Act of August 30, 1890 (7 U.S.C. 321 and the following), commonly known as the Second Morrill Act, including the Tuskegee Institute; c. The Act of March 2, 1887 (7 U.S.C. 361a and the following), commonly known as the Hatch Act of 1887; d. The Act of May 8, 1914 (7 U.S.C. 341 and the following), commonly known as the Smith-Lever Act; e. The Act of October 10, 1961 (16 U.S.C. 582a and the following), commonly as the McIntire-Stennis Act of 1961; and f. Sections 1429 through 1439 (Animal Health and Disease Research), sections 1474 and 1477 (Aquaculture), and sections 1478 through 1483 (Rangeland Research) of Pub. L. 95-113 (7 U.S.C. 2011), as amended by Pub. L. 97-98. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 42 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 2. Guidelines. No indirect and tuition remission shall be charged against Department of Agriculture appropriations transferred to the Forest Service in connection with cooperative agreements between the Department of Agriculture and State cooperative institutions, unless the cooperative program or project is of mutual interest to all the parties, and all the parties contribute to the cooperative agreement involved. Prohibiting the use of such funds for reimbursement of indirect cost may not be applied to funds for International Agricultural Programs that are conducted by a State cooperative institution and administered by the Secretary, or to funds provided by a Federal agency for such a cooperative program or project through a fund transfer, advance, or reimbursement. The reimbursement is limited to an amount necessary to carry out such a program or agreement. 6511.82 - Interdepartmental Waiver Doctrine; Restoration of National Forest Lands Used by Other Agencies The doctrine is based on the specific statutory missions of the Federal agencies. One Federal agency may not transfer by contract or other means its statutory responsibility to another Federal agency, and appropriations of the responsible agency must be used to restore National Forest System lands. This applies to real property, not to personal property (32 Comp. Gen. 179, 44 Comp. Gen. 693, 31 Comp. Gen. 329, 59 Comp. Gen. 93, and 60 Comp. Gen. 406). In the absence of specific authority, when a Federal agency damages Forest Service property, funds that are available to the other agency may not be used to pay Forest Service claims for damages. 6511.83 - Use of Appropriations on Private Property for Permanent Improvements Appropriated funds may not be used for permanent improvements to private property unless specifically authorized by law. Decisions have recognized that permanent improvements on private property are permissible if all of the following are present: 1. The appropriation(s) is available. 2. The improvement(s) is incidental and essential to accomplish the purpose of the appropriation(s). 3. The amount is reasonable. 4. The improvement(s) is used mainly for the benefit of the Government. 5. The Government interests are fully protected by assuring that the lease duration amortizes the cost of the Government’s investment. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 43 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6511.84 - Travel of State and Local Government Employees Expenditures for travel and transportation of State and local personnel that are necessary to conduct federally assisted programs shall be treated as qualifying expenditures. Use the Primary Purpose principle to determine the appropriate program code to be charged. The authorization and payment for such travel and transportation must be handled under regular State administrative procedures and claimed as part of the qualifying expense in the cooperative program. The Forest Service is prohibited from making direct program expenditures for the travel and transportation of State and local personnel for services performed in connection with federally assisted program(s) (55 Comp. Gen. 750). There may be instances where State and local government employees are requested to perform travel for the direct benefit of the Forest Service. Such travel may be authorized under Title 5, United States Code, section 5703(c) (5 U.S.C. 5703(c)). The traveler is paid directly for these travel costs using the Primary Purpose principle to determine the appropriate fund/program to be charged. Follow the procedures in FSH 6509.33, Federal Travel Regulation, Chapter 301, for travel of non-government personnel. 6511.85 - Payments to States and Counties Forest Service’s payments to states and counties have several underlying statutory authorities. The payment process and authorities are described in detail in FSH 6509.11g, chapter 60. The payments are “revenue sharing” wherein the Agency pays a portion of the gross revenues from the sales of forest products and services to the states and counties in accordance with calculations specified in the various statutory authorities. 6512 - RECEIPT ACCOUNTS 6512.02 - Objectives The objective is to identify the Forest Service appropriations applicable to appropriation reimbursements and receipt accounts. 6512.03 - Policy All receipts not earmarked by law for a specific purpose must be recorded in the Treasury General Fund Receipt Account. 6512.1 - Appropriation Repayments Appropriation repayments, when authorized by law, are collections credited directly to an appropriation or fund. Repayments to appropriations and funds have two broad categories, as follows: WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 44 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 1. Refunds, also known in Office of Management and Budget (OMB) publications as “offsetting collections”, and 2. Reimbursements, also known in OMB publications as “offsetting receipts”. The terms “refund” and “reimbursement” are often used interchangeably in casual settings, but these two categories of appropriation repayments have very different accounting procedures and financial statement display requirements in accordance with OMB direction. 6512.11 - Appropriation Refunds Refunds must be related to a previously recorded operating expenditure or advance payment to others. Credit appropriation refunds to the applicable appropriation or fund for advances, returned goods, and/or amounts paid in error. The effect of refunds on the financial statements is that they negate a portion of expenditures previously recorded. Examples of appropriation refunds with their related accounting treatment include: 1. Payments that were made in error or overpayments must be credited as expenditure refunds. 2. Goods purchased that were returned to the vendor shall be credited as expenditure refunds. 3. Unused or excess advance payments to others for orders, recovered from grantees, cooperators, and other trading partners shall be credited as the recovery of an advance payment. If the collection in question does not fit one of the three descriptions above, determine if it is an appropriation reimbursement (6512.12). If the collection is neither a refund nor a reimbursement, then record it as revenue. Revenue must be recorded as Miscellaneous Receipts (job code 899015, FFIS fund code 3220, Treasury receipt account symbol 123220) unless there is information and statutory authority to record it elsewhere (for example, Recreation Fees or Gifts and Donations). 6512.12 - Appropriation Reimbursements Reimbursements are repayments for goods or services furnished or to be furnished that, by law, may be credited to the appropriation or fund accounts that financed or should finance the activities. When authorized by law, reimbursable work may be accomplished for the following: 1. Authorized activities within the Department, 2. Other Federal agencies, or 3. Non-Federal agencies or the private sector. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 45 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS See FSM 6512.12a for reimbursement authorities; all Forest Service appropriations do not have reimbursable authority. Treat all other collections as either revenues or refunds. Ensure signed agreements are in place prior to any request for reimbursable authority. Ensure reimbursable authority is allocated before incurring obligations against reimbursable accounts. 1. Reimbursements usually result from interagency agreements wherein the Forest Service is performing work for another Federal agency. Actual costs, also referred to as total costs (direct costs plus related indirect costs), must be billed and collected. If the costs are uncollectible, the Forest Service program executing the agreement assumes those costs out of their annual budget. When a Forest Service appropriation bears the cost or a portion of the cost of any work being done for another agency, the agreement must show that the benefit to the Forest Service program concerned is at least commensurate with the payment from the appropriation using the Primary Purpose principle, as well as being an authorized Forest Service activity (FSM 1580). 2. Record as an appropriation reimbursement the proceeds from the sale of personal property, which are to be used for replacement purposes. 3. Record amounts as reimbursements to the Forest Service appropriation from which the costs were originally paid, or to a similar appropriation currently available at the time of deposit. See FSM 1584.13 and FSH 1509.11, chapter 70, for additional direction regarding collection agreements. 6512.12a - Appropriation Reimbursement Authorities See the following for the requirements of the authorities that are frequently used by the Forest Service with regard to appropriation reimbursement. 1. Economy Act of June 30, 1932, as amended (31 U.S.C. 1535 - 1536). The Economy Act, as amended, permits Federal executive agencies to place orders with other Federal executive agencies for goods and services. The October 1982 Amendment to the Act, Pub. L. 97-332, allows all Federal executive departments and agencies to contract for and furnish goods and services to other Federal executive agencies. The amendment authorizes executive departments and agencies to use the existing expertise and/or economies to procure goods and materials for other departments and agencies, regardless of whether they are furnished directly or by contract. The purpose of the amendment is to promote increased economy in Federal Government operations by making it possible to use the most efficient resources available, regardless of which agency possesses them. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 46 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS a. Restrictions. The following restrictions apply to interagency agreements under the Economy Act, as amended: (1) Interdepartmental Waiver Doctrine. Do not enter into interagency agreements with other Federal agencies to restore real property that was damaged as a result of their use. This restriction does not apply to personal property. Personal property borrowed by the Forest Service from another agency under the authority of the Economy Act, as amended, may be repaired to the same condition as when borrowed, if appropriations are available (30 Comp. Gen. 295, 31 Comp. Gen. 329). (2) Augmentation of Appropriations. Do not withdraw funds from one appropriation account to credit another, except as authorized by law (31 U.S.C. 1532). The act, as amended, authorizes reimbursement for services performed by one agency at the request of another. However, the Economy Act is applicable only when there is no other specific statute that authorizes the provider agency to render the service in question (59 Comp. Gen. 415). (3) Personnel Details. Comptroller General Decision B-211373, dated March 20, 1985, restricts nonreimbursable personnel details to those fewer than 30 days. The decision concludes that nonreimbursable interagency, intra-agency, and congressional details generally are improper, except in limited instances. b. Allowable Charges. An agency may pay the charges for such services at rates established by the serving agency, provided that the costs are based upon the total cost of rendering the services and do not appear to be excessive (32 Comp. Gen. 479, 521 and 24 Comp. Gen. 775). The Economy Act, as amended, does not require or imply that the requisitioning agency audit the costs to determine the correctness of the charges. c. Basis for Billing. A written interagency agreement shall cover all items and conditions including cost and billing procedures. See FSM 1587 for direction on interagency agreements. d. Use of Reimbursed Funds. Funds reimbursed or advanced to an agency for materials, supplies, equipment, work, or services furnished are not available beyond that period provided by the act appropriating the funds that were transferred. Ensure that the performing agency obligates the funds during the period of the appropriation's availability. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 47 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 2. Section 203 of Department of Agriculture Organic Act of 1944 (16 U.S.C. 580a). a. Sales to Other Federal Agencies and State and Private Agencies. Sales of fire control supplies, equipment, and materials to other Federal, State, and private agencies are authorized under this authority. b. Use of Reimbursed Funds. Amounts received by the Forest Service for supplies, equipment, and material sold under this authority may be credited as reimbursements to current appropriations at the time any similar additional supplies, equipment, and materials are obtained for warehouse stocks. c. Restrictions. Credit applicable appropriations based on the date of deposit as follows: (1) When the obligation to replace warehouse stocks was incurred in a fiscal year and the deposit is made in the following fiscal year, credit the deposit to the fiscal year in which the obligation was incurred. (2) When the proceeds were deposited in a fiscal year but the stocks are to be replaced in the following fiscal year, credit the deposit to a clearing account when the monies are received in the first year. d. Inter- and Intra-Regional Transactions. Section 203 does not authorize the sale of supplies, equipment, and materials to other appropriations of the Forest Service; therefore, this provision does not apply to inter- or intra-regional transactions. 3. Section 204 of Department of Agriculture Organic Act of 1944, (16 U.S.C. 580). Section 204 applies only to charges for use of equipment at documented rental rates. This section does not authorize reimbursement of repair jobs performed for other agencies, other regions, or the repair of non-pooled equipment, unless it was included in the rate computation. a. Rental of Equipment for Use on Forest Service Projects and Work of Other Federal Agencies. This authority authorizes the rental of non-WCF equipment for use on Forest Service projects or on work by other Federal agencies. The Working Capital Fund Act of August 3, 1956 (16 U.S.C. 579b) authorizes the rental of WCF equipment. b. Rental of Equipment to Non-Federal Parties. This authority authorizes rental of regular Forest Service or Working Capital Fund equipment to State, county, private, or other non-Federal agencies for fire control purposes under the terms of written agreements. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 48 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS c. Use of Reimbursed Funds. Credit amounts collected for equipment rental to appropriations currently available at the time payment is received. Determine the fiscal year of the appropriation to be credited based on when funds are received by the Forest Service. 4. Sale of Aerial or Other Photographs, Mosaics, and Maps (7 U.S.C. 1387). NonFederal government agencies and the public may purchase reproductions of aerial or other photographs (including mounted photographs), mosaics, and maps (including forest visitor and wilderness maps obtained in connection with authorized department work) at the estimated cost of furnishing such reproductions. All collections for sales under this authority must be in advance except where provided by law (FSM 7140.12). The following two situations require separate handling of receipts: a. Individual special orders for reproductions when the advance payment is received and the work is performed later. These are usually large dollar amount orders that are easily distinguished from the normal workflow. Record the advances directly to the fund to be charged with the costs of the reproductions. b. Map Sales Program. Under the provisions of 7 U.S.C. 1387, the monies received from map sales are recorded to the appropriation charged with the cost of making such reproductions. The Office of the General Counsel interpreted this to include credit to the appropriation current at the time of the sale. Thus, the current distribution costs and printing replacement stock are reimbursed. Deposit funds directly to the credit of the current appropriation charged with the costs of reproduction and distribution. 5. Granger-Thye Act of April 24, 1950, as Amended (16 U.S.C. 540a, 572, 580e, 580j). a. Reimbursable Agreements under the Provisions of section 5(c) of the GrangerThye Act, as Amended. Work may be done on a reimbursable basis when emergencies, such as fire or flood, make it necessary or desirable to do the work in the public interest, or when work is performed for a State or local government unit whose laws, regulations, or policies prohibit a payment in advance (23 Comp. Gen. 652). Necessary documentation must be provided in its entirety to support this type reimbursable arrangement. Effective FY 1983, authority contained in section 5(c) of the Granger-Thye Act, as amended, permits the performance of various kinds of work by the Forest Service on a reimbursable basis provided that: (1) Administrative determination indicates the work is advantageous to the Government, WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 49 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS (2) Necessary precautions have been taken to ensure recovery of all costs involved, including adequate payment bond or other acceptable surety, and (3) Amounts are reimbursed to any appropriation available to the Forest Service for similar types of work, as provided by written agreement (42 Comp. Gen. 376). Document these reimbursable agreements in writing and execute them in advance of the work, except for emergencies as defined in FSM 1590. The agreements must contain explicit instructions regarding the financial arrangements and a clear statement of the benefits to the Forest Service. When, by the terms of such a written agreement, the Forest Service or the cooperating party furnishes materials, supplies, equipment, or services for fire or other emergencies in excess of its proportionate share, adjustment may be made by reimbursement or by replacement in kind of supplies, materials, and equipment consumed or destroyed in excess of the furnished party's proportionate share. b. Meals and Lodging Under the Provision of Section 8 of the Granger-Thye Act, as Amended (16 U.S.C. 580e). The Forest Service may provide meals, lodging, bedding, fuel, and other services to persons attending Forest Service demonstrations and users of National Forest System resources and recreational facilities, when such facilities are not otherwise available. Do not charge less than the actual or estimated costs to furnish such services. Deposit the receipts as a reimbursement to the credit of the appropriation from which the cost thereof is paid, or a similar appropriation current at the time the moneys are received. Reimbursements cannot exceed the $10,000 annual limitation authorized by the Granger-Thye Act, as Amended. Deposit collections in excess of the authorized limit to the General Fund (miscellaneous receipts). c. Nursery Stock and Forest Tree Seed Under Provision of Section 9 of the GrangerThye Act, as Amended (16 U.S.C. 540a). Nursery stock and forest tree seed may be sold to States and political subdivisions thereof, and to public agencies of other countries at rates not less than the actual or estimated cost of procuring or producing the product. Credit the proceeds of sale as a reimbursement to the Forest Service appropriation(s) currently available, for the procurement or production of nursery stock or forest tree seed, at the time of deposit. The Forest Service may also exchange, with agencies specified in the act, forest tree seed and nursery stock for tree seed, or nursery stock of the same or different species. Such an exchange must be in the interest of the United States, and the value of the property given must not exceed the value of the property received. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 50 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS d. Office of Workers' Compensation Program (OWCP), Department of Labor, Under Provisions of Section 16 of the Granger-Thye Act, as Amended (16 U.S.C. 580j). When salaries and wages paid to temporary employees for loss of time due to an injury sustained during official work are considered compensable by the OWCP, the amounts deducted by the OWCP from amounts otherwise payable must be paid to the Forest Service and deposited as a reimbursement to the credit of the Forest Service appropriations from which expenditures were made. 6. The Act of June 30, 1914, as Amended (16 U.S.C. 498). This Act, as amended, allows expenditures for work (such as forest investigations, protection, management, and improvement of the National Forest System) to be paid from Forest Service appropriations available for similar type work, with subsequent reimbursement from the cooperator. The reimbursement is credited to the appropriation from which the initial payment was made. If the appropriation is no longer available, credit the reimbursement to Miscellaneous Receipts (job code 899015, FFIS fund code 3220, Treasury receipt account symbol 123220). 7. Fire Protection and Suppression Agreements. For details relating to reimbursement and collection agreements with non-Federal parties for fire protection activities, see FSM 1584, FSM 3100, FSM 5100, FSH 1509.11, section 33, and 36 CFR 211. 8. Forest and Rangeland Renewable Resource Research Act of 1978, section 4(c) (16 U.S.C. 1643). When advance collections are received under a collection agreement, deposit them into the trust fund titled Cooperative Work, Forest Service. When research expenditures are authorized under a reimbursable interagency agreement, deposit the collection as a reimbursement to the Research appropriation, if collection occurs after a portion or all of the work is performed. 9. Forest Service Administration Act of June 20, 1958, section 7 (16 U.S.C. 579c). Funds collected for restoration of forest lands and improvements, after the restoration work has already been performed by the Forest Service, may be used to reimburse the appropriation which performed the work (Comp. Gen. B-226132, Feb. 26, 1988). See FSH 6509.11g, chapter 60, for direction on depositing funds received before performance of the restoration work. 10. Public Law 93-153, section 101 (30 U.S.C. 185(1)). Funds collected as reimbursement for administrative and other costs incurred in processing pipeline rightsof-way or permit applications, and for costs incurred in monitoring the construction, operation, maintenance, and termination of any pipeline and related facilities, may be used to reimburse the applicable appropriation to which such costs were originally charged. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 51 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6512.2 - Receipt Account Classification The Department of the Treasury, Financial Management Service, establishes Treasury receipt accounts to receive collections and assigns account symbols. The Department of the Treasury’s publication, Federal Account Symbols and Titles (available on website: www.fms.treas.gov), is the definitive publication for all Treasury account symbols. Normally, receipt account symbols consist of 6 digits except for receipt clearing accounts which have 7 digits. The first 2 digits of receipt account symbols identify the Federal “entity” (referred to as “agency” by Treasury) administratively responsible for the receipts. Federal “entities” include the cabinet departments, the U. S. Supreme Court, and the Office of the President. The last 4 digits identify the account within that fund group. 1. Numbering Scheme for Receipts. Exhibit 01 illustrates the numbering scheme associated with receipts. 6512.2 - Exhibit 01 Numbering Scheme for Treasury Receipt Accounts Treasury Receipt Account Segment Treasury agency code, positions 1-2: Account symbol, positions 3-6: Sub-account (not all receipt accounts have subaccounts), 3 positions following a decimal: Example: 125268.001 12 (signifies the Department of Agriculture) 5268 .001 2. Receipt Account Classifications and Symbols. The Department of the Treasury classifies receipt accounts and assigns account symbols in accordance with the numbering scheme (also used for expenditure accounts) illustrated in exhibit 02, as follows: WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 52 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6512.2 - Exhibit 02 Treasury’s Receipt Account Numbering Scheme Fund Group General funds Revolving funds Special funds Deposit funds Trust funds Last 4 Digits (“Base 4”) of Account Number 0000-3999 4000-4999 5000-5999 6000-6999 8000-8999 6512.21 - General Fund Receipt Accounts General Fund receipt accounts represent all receipts not specifically earmarked by law. In accordance with the Treasury Financial Manual and section 6511.06, general fund receipt accounts are identified with Treasury account numbers from 0000 through 3999. 6512.22 - Clearing Accounts The Department of the Treasury establishes clearing accounts for agencies to temporarily hold unidentified general, special, or trust collections, that subsequently, would be recorded to the proper agency receipt or expenditure account. These accounts are identified by an "F" preceding the last 4 digits of the account symbol and are in the "3800" series fund group. Forest Service’s Budget Clearing Account, Treasury Symbol 12F3875, is used to temporarily record unidentified collections from non-Federal entities (private parties, local governments, and so forth) for the 30 days or less required to identify the receipts and record them to the correct account. Undistributed Intergovernmental Payments Clearing Account, Treasury Symbol 12F3885, is used to temporarily record unidentified collections from another Federal agency, for example, Department of the Interior, Animal Plant Health Inspection Service, and so forth. 6512.23 - Special Fund Receipt Accounts When a law authorizes the collections of funds from a specific source(s), generally it also designates where to record such collections. Treasury assigns account numbers in the 5000series to these special funds. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 53 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS In the absence of any language specifying a particular account, record all receipts to the Treasury general fund receipt account, Miscellaneous Receipts (Treasury receipt account symbol 123220, FFIS fund Code 3220, FFIS job code 899015). Miscellaneous receipts are not available for use by the Forest Service. 6512.24 - Trust Fund Receipt Accounts The Permanent Appropriations Act of 1934 (31 U.S.C. 1321) authorized trust funds. Trust Fund receipts must be specific to the terms of the trust document and/or law creating the fund. Treasury assigns account numbers in the 8000-series to trust funds, for example, Cooperative Work, Forest Service, is Treasury receipt account 128028.001. See FSH 6509.11g, chapter 70 for further guidance. 6512.3 - Available Receipts Available receipts are special or trust fund receipts that, pursuant to law, are immediately available in their entirety as appropriations for expenditure, without further congressional action. Such available receipts are subject to apportionment by the Office of Management and Budget. An available receipt account carries the same symbolization as its corresponding expenditure account, except that the expenditure account will have a character or numeric symbol inserted to indicate the period availability of such funds for obligations. The Department of the Treasury’s publication, Federal Account Symbols and Titles (available on website www.fms.treas.gov) shows each Treasury account symbol and the available or unavailable attribute. Examples of available receipts are the following: 1. Recreation Fees, Forest Service (FFIS fund code FDFD, Treasury account symbols are 125268 for receipts and 12X5268 for expenditures), and 2. Cooperative Work, Forest Service (FFIS fund codes CWKV and CWFS, Treasury account symbols are 128028 for receipts and 12X8028 for expenditures). 6512.4 - Unavailable Receipts Unavailable receipts are receipts that, at the time of collection, are not appropriated and not immediately available for expenditure, for one of the following reasons: 1. Congress limited the amount available for expenditure. An example is Deposits, Land Exchanges, Forest Service, FFIS fund code EXEX, Treasury account symbol 12X5216. In the annual Interior and Related Agencies Appropriation Act, Congress specifies the amount of money appropriated for land exchanges for the fiscal year. 2. The Forest Service adjusted the amount originally credited to receipt accounts, in whole or in part, to other receipt accounts before taking appropriation warrant action. An example is the National Forest Fund (FFIS fund code 5008, Treasury receipt account WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 54 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS symbol 125008), from which revenues are adjusted, by law, to the Range Betterment Fund (FFIS fund code 5207, Treasury receipt account symbol 125207) before warrant actions are taken to position the monies for expenditure. 3. Congress reserved ownership of the receipts for the Department of the Treasury. An example is Miscellaneous Receipts (FFIS fund code 3220, job code 899015, Treasury account symbol 123220). When agencies record monies in the Miscellaneous Receipts account, Treasury uses the funds for government wide appropriation and/or disposition. All collections must be recorded in Miscellaneous Receipts unless the agency has statutory authority to record them elsewhere. 6512.5 - Receipts from Claims for Damages to National Forest System Lands or Improvements [Reserved] 6512.51 - Recording the Receipts From Claims for Damages to National Forest System Lands or Improvements [Reserved] 6512.52 - Cooperative Agreements for Wildland Fire Suppression [Reserved] 6513 - EXPENDITURE ACCOUNTS 6513.1 - Expenditure Account Classification The Department of the Treasury establishes expenditure accounts to record amounts appropriated by Congress and the subsequent payments from those appropriations, for the general support of the Forest Service. All Forest Service appropriations and funds, from which payments are authorized, have Treasury expenditure accounts. See FSH 6509.11g, for a list of appropriations and funds, including guidance for the use of each one. 6513.11 - General Fund Expenditure Accounts As specified by the authorizing legislation, a general fund may be annual, multi-year, or no year (also called “continuing”), referring to the length of time the fund is available for obligation. Examples of no year, general fund expenditure accounts are the National Forest System appropriation (FFIS fund code NFNF, Treasury Symbol 12X1106), and the Wildland Fire Management appropriation (FFIS fund code WFWF, Treasury Symbol 12X1115). See FSH 6509.11g for fund use guidance. 6513.12 - Revolving Fund Accounts (Working Capital Fund) In a specific statute, Congress authorizes a revolving fund to finance a continuing cycle of nonprofit, self-sustaining, business-type operations that serve a specific Federal agency, bureau, or department. The Forest Service Working Capital Fund (WCF) is a revolving fund. The WCF finances and furnishes authorized services and supplies in support of Forest Service programs WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 55 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS (FSM 6580 and FSH 6509.11f). Each WCF activity, such as fleet equipment and computers, sets its own price rates to make it self-sustaining. Written proposals for new WCF activities are approved by the Washington Office, Chief Financial Officer. 6513.13 - Special Fund Expenditure Accounts Special fund expenditure accounts (such as the Salvage Sales Fund and Recreation Fees, Forest Service) are used by the Forest Service to record amounts appropriated from corresponding special fund receipt accounts. The Forest Service may expend these receipts according to the specific provisions of the respective legislation. See FSH 6509.11g, chapter 60, for a list of expenditure accounts for special funds and their related fund use guidance. 6513.14 - Trust Fund Expenditure Accounts Trust fund expenditure accounts (such as the Knutson-Vandenberg Trust) are used to record amounts appropriated from the respective trust fund receipts. The Forest Service must expend these receipts for specific purposes or programs according to the terms of a trust agreement or statute; unless authorized otherwise by specific legislation (for example, wildland fire). See FSH 6509.11g, chapter 70 for a list of trust fund expenditure accounts and their related fund use guidance. 6514 - ACCEPTANCE AND USE OF DONATED FUNDS 6514.01 - Authority 1. Section 4c of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1641-1646). This Act authorizes the acceptance and use of donated funds to conduct research activities authorized by the Act (FSM 1580). 2. Acceptance of Gifts Act (7 U.S.C. 2269). This Act authorizes United States Department of Agriculture agencies to accept cash donations and the proceeds from the liquidation of donated real and personal property for official purposes (FSM 1580). a. General regulatory and prohibitory statutes that apply to appropriated funds are not necessarily applicable to donated funds. b. Acceptance of offerings of free food, drink, clothing, and any other items that could be construed as personal must be related to some special event or activity that furthers the agency's mission. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 56 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 3. Title 5, Code of Federal Regulations, Part 2635 (5 CFR part 2635). Use this Federal regulation as a guide in soliciting and/or accepting donations from interested parties. 4. Department Regulation 5200-3, Gift Acceptance Policy, April 18, 2003. This USDA directive provides guidance on prohibited donations, prudential considerations for evaluating donations, and rejecting gifts. This regulation may be retrieved from the following website: http://www.ocio.usda.gov/directives/index.html. 5. Government Accountability Office, Principles of Appropriations Law, Volume II, Chapter 6, Section 3, and Chapter 9, Section 3. These sections and the Comptroller General Decisions cited therein, provide guidance on the use of donated funds for entertainment expenses and the use of non-appropriated funds for alcoholic beverages. 6514.02 - Objectives The objective is to provide direction on the use of donated funds, as a supplement to appropriated funds, for those purposes that further the Forest Service mission. See FSM 1580 for additional guidance about donation-related collection agreements. 6514.03 - Policy Forest Service line officers may encourage monetary donations from various entities and use such funds for projects allowed by the Agency's mission. Emphasize prudence on the use of the funds and be sensitive to the perceptions of both the donor and the public by avoiding any appearance of conflict of interest. 6514.04 - Responsibility See section 6510.4 for responsibilities. 6514.05 - Definitions Donated Funds. The voluntary transfer of cash to the Forest Service made gratuitously and without consideration. Contributed Funds. A transfer of cash with consideration and for a specific project used in conjunction with the Cooperative Funds Act of June 30, 1914 (16 U.S.C. 498) and the Granger-Thye Act, as amended (FSH 6509.11g, chapter 70). 6514.1 - Use of Donated Funds Use the following guidelines to determine the use of donated funds: WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 57 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 1. Donated funds are not subject to the regulatory and prohibitory statutes applicable to direct appropriations; however, they are still public monies and, as such, must be used only to further the mission of the agency. 2. The expenditure of these funds must not violate any limitations imposed by statute or any restrictions imposed by the donor. 3. “Designated” or “Conditional” Donations. a. For Purposes Within the Forest Service Mission – Designated (conditional) donations received for work within the Agency’s mission, may be accepted. An example of an acceptable designated (conditional) donation is a monetary gift for the maintenance of a specific national forest campground. b. For Purposes Outside the Forest Service Mission – Designated (conditional) donations received for work outside the Agency’s mission, may not be accepted without the approval of the Chief Financial Officer. An example of an unacceptable designated (conditional) donation is a monetary gift for the research of affects of wildfire on domestic food animals. In this example, Forest Service may assist the donor to make contact with the USDA Agriculture Research Service who works with domestic food animals. Any line officer needing guidance in this area may contact the Washington Office Financial Policy staff. 4. “Undesignated” or “Unconditional” Donations. Line officers may accept undesignated (unconditional) donations, such as a monetary gift, “for Forest Service work” or “to take care of the national forests”. 5. Exhibit 01 displays examples of acceptable and unacceptable donations. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 58 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6514.1 – Exhibit 01 Examples of Acceptable and Unacceptable Donations EXAMPLE 1 A national association of fish processors wishes to make a donation to the USDA Agriculture Research Service (ARS) for research regarding the use of byproducts generated by fish processing as fertilizer. Fish processing is not an activity regulated by USDA. However, due to industry consolidation the majority of funding of the association is provided by members of the meatpacking industry who do conduct activities regulated by the USDA Food Safety Inspection Service. Accordingly, acceptance of the gift is not permissible. EXAMPLE 2 The USDA Forest Service (FS) has contracted with Acme Construction Co. to build a road in Alaska. Acme Construction Co. wants to donate construction material to the USDA Natural Resource Conservation Service (NRCS) in Idaho and $10,000 to the National Arboretum in Washington, D.C. Acceptance of the gift to NRCS would not be permissible because it is in the Natural Resources and Environment mission area of the Department along with the FS, for which Acme is a contractor. The gift to the National Arboretum may be accepted because it is an ARS facility within the Research, Education, and Economics mission area of the Department. EXAMPLE 3 A Western land-grant university wishes to make a gift of cattle to ARS for research. The cattle are grazed on a National Forest under a permit from the FS, which is in the Natural Resources and Environment mission area. ARS is in the Research, Education, and Economics (REE) mission area. Additionally, the land-grant university receives grant funds from the USDA Cooperative State Research, Education, and Extension Service, which also is in the Research, Education, and Economics mission area. Acceptance of the gift would not be permissible. While the fact that the university has a permit with the FS does not bar acceptance of the gift, ARS could not accept a gift offered by a REE mission area grantee. EXAMPLE 4 A national supermarket chain is involved in litigation with the Department over mishandling of food stamps. The chain wishes to make a gift to ARS to support human nutrition research and a gift to the USDA Food and Nutrition Service (FNS) to support a child nutrition information campaign. Neither gift may be accepted. Since the supermarket chain is a retailer that accepts food stamps, and thus is an FNS program participant, acceptance of the gift is not permissible. The gift to ARS, an agency outside of the Food and Nutrition mission area, would otherwise be permissible but for that fact that the chain is involved in litigation with USDA and thus acceptance of the gift is not permissible under 5a(3). EXAMPLE 5 A national conservation association wishes to make a gift of fire protection equipment to the Boise National Forest. It has no relationship to either the FS or NRCS. The national association receives 75% of its funding from companies that harvest timber from FS land. The gift may not be accepted. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 59 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6514.11 - Authorized Expenditures Donated funds may be used for the following kinds of expenses: 1. Food and drink including receptions and lunches (Government Accountability Office, Principles of Appropriations Law, Volume II, Chapter 6, Section 3). 2. There is no prohibition on buying alcoholic beverages, but they must not be served on government-owned or leased property or transported in government vehicles (Comptroller General Decision B-217668, September 12, 1986). The following requirements apply to alcoholic beverages purchased with donated funds: a. Donated funds may be used to buy alcoholic beverages for a special business event with a formal agenda, approved in advance by the Chief. The request addressed to the Chief must include sufficient justification to allow the Chief to determine whether the purchase of the alcoholic beverages is necessary to carry out effectively the Agency’s authorized functions (Comptroller General Decision B-170938, October 30, 1972). Supporting documentation with approvals must accompany the procurement request or request for reimbursement. b. Donated funds must not be used to buy alcoholic beverages for purely social events, casual gatherings, reciprocal courtesies, or other informal meetings (Comptroller General Decision B-206173, February 23, 1982, 61 Comp. Gen. 260). On such occasions, the persons consuming the beverages shall use personal funds to buy the alcoholic beverages. c. Line officers shall use discretion in limiting the consumption of alcoholic beverages to avoid impairing guests and/or employees attending the event. Line officers risk claims against the Government, personal injury, property damage, loss of public confidence and goodwill, and violation of the public trust under which the donated funds were accepted. 3. Travel and subsistence subject to the general travel reimbursement laws. 4. Music. 5. Gifts. 6. Floral arrangements and centerpieces. 7. Seminars. 8. Photographs. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 60 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 9. Entry fees for contests. 10. Promotional items that further the Agency’s mission. 6514.12 - Unauthorized Expenditures Do not use donated funds for the following: 1. Events that are primarily social in nature such as office holiday parties (Comptroller General Decision B-206173, February 23, 1982, 61 Comp. Gen. 260). 2. Travel and subsistence of non-government employees, unless they are performing a direct service to the Government. 3. Purchase of business/host cards or greeting cards. 6514.2 - Written Acknowledgement 6514.21 - Accepting and Acknowledging the Donation The local line officer shall prepare a written acknowledgement of the receipt of a donation to serve as a formal trust instrument. Address the acknowledgement to the donor, if known. Retain documentation to support the amount and intent of the donated funds. This does not apply to amounts deposited into donation boxes, which have the intended use posted on or near it. The acknowledgement should include the following: 1. Agency appreciation. 2. Authority under which the funds are being accepted and used. 3. Notation that a copy of the written acknowledgement must be retained for the official files. 4. Restatement or clarification of the purpose of the donation: a. If the donor specifies the purpose of the funds, cite this purpose in the acknowledgement. b. If the donor does not specify the purpose, state that the funds must be used in "furtherance of Forest Service activities as determined appropriate" by the line officer. WO AMENDMENT 6500-2011-1 EFFECTIVE DATE: 01/05/2011 DURATION: This amendment is effective until superseded or removed. 6510 Page 61 of 61 FSM 6500 - FINANCE AND ACCOUNTING CHAPTER 6510 - APPROPRIATIONS AND FUNDS 6514.22 - Declining the Designated, Conditional, or Unacceptable Donation The local line officer shall prepare a written letter to decline an unacceptable donation. Retain documentation to support the amount and the circumstances of the would-be donation. The donation may be unacceptable due to conflicts of interest, or the conditions placed on the donation by the donor. The acknowledgement should include the following: 1. Agency appreciation. 2. Authority under which the donation must be declined. 3. Notation that a copy of the written acknowledgement will be retained for the official files. 4. Restatement or clarification of the reasons why the donation cannot be accepted.