Federal Reports

We investigated whether the boundaries of Utah’s Grand Staircase-Escalante National Monument (GSENM) were modified, at least in part, for the personal financial benefit of former Utah State Representative Michael Noel, who owned property along the GSENM border and who is currently the executive director of the Kane County (UT) Water Conservancy District. Our investigation focused on:1. Whether the U.S. Department of the Interior (DOI) followed an established process for assessing proposed boundaries for national monuments, including the proposed GSENM boundary modifications2. Whether Noel influenced the boundary-modification proposal Interior Secretary Ryan Zinke submitted to the President, including whether Zinke was aware of Noel’s property ownership and financial interest in revising the GSENM boundaries and whether he gave Noel preferential treatment in the proposed boundariesWe found that although the DOI had no formal processes in place for modifying national monument boundaries, DOI staff developed and followed a consistent process when reviewing the GSENM and other DOI-controlled national monuments that were being considered for boundary modifications.We also found no evidence that Noel influenced the DOI’s proposed revisions to the GSENM boundaries, that Zinke or other DOI staff involved in the project were aware of Noel’s financial interest in the revised boundaries, or that they gave Noel any preferential treatment in the boundaries proposed to the President.We provided this report to the Deputy Secretary of the Interior for any action deemed appropriate.

The OIG investigated an allegation that Bureau of Indian Affairs (BIA) Administratively Determined (AD) firefighters intentionally set wildland fires for profit on the Cherokee Reservation in Cherokee, NC.We found that firefighters Raymond Swayney, Grady Davis, Zachary Winchester, and three others caused or participated in several wildland arsons for profit between fiscal years 2010 and 2014, impacting hundreds of acres in Cherokee and costing the Federal Government thousands of dollars.Swayney, Davis, and Winchester pleaded guilty in U.S. District Court for the Western District of North Carolina. Swayney was sentenced to 21 months in prison and ordered to pay restitution of $4,989 for violating 18 U.S.C. § 1855 (Timber Set Afire) and 18 U.S.C. § 371 (Conspiracy). Davis was sentenced to 12 months of probation and ordered to pay restitution of $926.16 for violating 18 U.S.C. § 4 (Misprision of a Felony). Winchester was sentenced to 30 days in prison, followed by 24 months of probation for violating 18 U.S.C. § 371 (Conspiracy). At the request of the U.S. Attorney’s Office, we referred the three other firefighters to Cherokee Tribal Court for their participation in starting the fires.

In accordance with our Annual Performance Plan Fiscal Year 2018, dated October 2017, the Office of Inspector General (OIG) assessed USCP monitoring of contractor performance. OIG objectives were to (1) determine if the Department had a program for monitoring contractor performance, (2) evaluate the accuracy and completeness of contractor performance data, and (3) assess USCP compliance with the monitoring program. Our scope included program policies in effect as of August 31, 2018, and data from calendar years 2017 and 2018.

Administration (VBA) staff accurately decided veterans’ claims involving service-connected Amyotrophic Lateral Sclerosis (ALS), commonly referred to as Lou Gehrig’s disease. Initial OIG data testing for this review identified ALS cases as high-risk for improper payments. The OIG found that VBA’s claims processing involving service-connected ALS needs improvement. About 45 percent of ALS claims completed from April through September 2017 had erroneous decisions. These errors resulted in estimated underpayments of about $750,000 and overpayments of about $649,000 to a total of 230 veterans. These errors were due to the complexity of these claims. ALS claims can involve a wide range of medical complications, evaluations, and special monthly compensation (SMC) levels, and most rating personnel do not decide ALS claims often enough to maintain proficiency. Also, the OIG determined that VBA staff generally did not tell veterans about additional SMC benefits that may be available. VA is usually required to notify veterans of the conditions that must be met to grant a higher level of compensation. However, VBA’s Compensation Service staff stated they are not required to do so for SMC benefits. Without information about SMC benefits, veterans with ALS may not know about benefits available to them, or they may not be sure they are receiving the correct SMC benefits. Also, they may not know when to file a claim for an increase in compensation. The OIG recommended that VBA implement a plan to improve the decisions and additional reviews of claims involving service-connected ALS, and monitor ALS claims to ensure staff demonstrate proficiency. The OIG also recommended that VBA implement a plan to provide notice regarding additional SMC benefits that may be available to veterans with service-connected ALS.

EAC OIG, through the independent public accounting firm of Brown & Company CPAs & Management Consultants, PLLC, audited EAC's fiscal year 2018 financial statements.

On January 25, 2017, the President issued two Executive Orders directing the Department of Homeland Security to hire an additional 15,000 law enforcement officers. We conducted this audit to determine whether the Department and its components — specifically FLETC, USBP, and ICE — have the training strategies and capabilities in place to train 15,000 new agents and officers. Prior to the start of the hiring surge, FLETC’s capacity is already overextended. FLETC is not only responsible for accommodating the anticipated Department hiring surge, but also for an expected increase in demand from other Partner Organizations. Despite observing ongoing work in the development of hiring surge training plans and strategies, challenges exist due to uncertain funding commitments and current training conditions. Absent remedial action, these challenges may impede consistency and lead to a degradation in training and standards. As a result, trainees will be less prepared for their assigned field environment, potentially impeding mission achievability and increasing safety risk to themselves, other law enforcement officers, and anyone within their enforcement authority.