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OGC-86-20 1 (1986-06-12)

handle is hein.gao/gaobaboar0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 208M B-220532 June 12, 1986 130167 To the President of the Senate and the Speaker of the House of Representatives This letter reports deferrals of budget authority appropriated to the Forest Service, Department of Agriculture, and the Bureau of Land Management (BLM), Department of the Interior, which the President has not reported to the Congress. Section 1015(a) of the Impoundment Control Act (the Act), 2 U.S.C. 5 686(a), requires the Comptroller General to report to the Congress whenever he finds that any officer or employee of the United States has ordered, permitted or approved the deferral of budget authority, and the President has failed to transmit a special message with respect to such deferral. The United States District Court for the District of Columbia recently held uncon- stitutional the President's authority under the Act to defer budget authority. New Haven v. United States, No. 86-0455, slip op. (D.D.C. May 16, 1986). The court's decision, however, was stayed pending appeal. The Department of Justice reportedly intends to appeal. Officials of the Office of Management and Budget have advised us that, at least until appellate proceedings in New Haven are completed, they will continue to report deferrals pursuant to the Act. We also will continue to carry out our functions under the Act during this period, including reporting, under section 1015, otherwise unreported impoundments. Accordingly, this is to advise that the President is deferring $9,788,000 of budget authority in toe Forest Service account, Forest Service Permanent Appropria- tions, and $3,400,000 of budget authority in the BLM account, BLM Miscellaneous Permanent Appropriations, and has not reported these withholdings. These two accounts are special fund accounts. Various statutes require that a portion of the receipts from federally- owned lands be returned, annually or semi-annually, to the juris- dictions in which the lands are located. The receipts, when collected, are credited to these special fund accounts; annual or semi-annual payments, based on receipts collected during the fiscal year, are later made from these accounts. GAO/OGC-86-20

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