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AL SED
MAR R 1974
The Honorable Henry S. Reuss
Chairman, Subcommittee on Conservation
and Natural Resources
Committee bn Government Operations
House of Representatives
Dear Mr. Chairman:
This is our response to your September 19, 1973, letter, as
modified by subsequent discussions with your office, concerning
several matters in our report (B-177092, Sept. 12, 1973) entitled
Iat the R.D. Bailey Project, Justice, West
,Virginia.
You requested that we determine:
1. Whether the Corps of Engineers published its railroad
relocation regulations in the Federal Register and, if
not, whether such regulations should be published under
the. provisions of the Administrative Procedure Act re-
lating to rulemaking (5 U.S.C. 553) or information
publication (5 U.S.C. 552(a)(1)(D) and (E)).
2. Whether increases in railroad relocation and project
costs were largely due to a failure to seek sufficient
funds to complete the relocation on time.
RAILROAD RELOCATION INSTRUCTIONS
The Corps' railroad relocation regulations, entitled En-gineer
,, .a: da- '_gions, have not been published in the Federal Register.
The CorIu Ls 21ni mR Is, ],emen,, the Armed seVi C o-
a and the Army Procurement Procedure and establish
for Corps employees uniform legal and administrative requirements and
procedures to be followed in making, administering, and terminating
contracts; resolving claims and appeals; and conducting litigation.
Section 553 of title 5 prescribes agency rulemaking procedures,
including publishing notices of proposed rules in the Federal Register.
However, subsection (b), section 553, specifically exempts from the
requirement for publication of proposed rulemakings interpretive rules,
general statements of policy, or rules of agency organization, proce-
dure, or practice.
~3gL
B-177092
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