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B-200778 1 (1981-06-19)

handle is hein.gao/gaobadjml0001 and id is 1 raw text is: DECISION FILE: B-200778 MATTER OF: OILGEST: d'~4I Under Section 502(e)(4) of Surface Mining Control Act of 1977, 30 U.S.C. § 1252(e)(4), Secretary of the Interior is authorized to reimburse states for interim enforcement program costs not covered in prior grant award so long as payments are from currently available appropriations. Budget change to allow grant costs questioned solely because they exceed condition on budget flexibility, may be allowed under existing obligation where change does not affect purpose or scope of grant award. A certifying officer for the Office of Surface Mining (OSM), Department of the Interior, has reauested our decision concerning payment of certain costs incurred by the Ohio Department of Natural Resources (the State) in carrying out provisions of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, 91 Stat. 4, approved August 3, 1977, 30 U.S.C. 1201 et. sea. (Supp. III, 1979) (the Act). As explained below, we conclude that the Secretary of the Interior has authority to reimburse the State for costs incurred in conducting inspections enforcing the Act under an interim enforcement program. He may do so out of current appropriations and is not limited to the amounts previously obligated or budgeted under grant documents covering the period in which the costs were incurred. According to the certifying officer, on July 26, 1978, the Office of Surface Mining issued the State, under section 502(e)(4) of the Act, 30 U.S.C. § 1252(e)(4), an interim regulatory grant of $370,541.75 for a budget period, as subseouently amended, of August 3, 1977 to February 28, 1979. In June 1979, after the grant period had ended, an audit disclosed that the State had incurred $490,640 in grant costs. The auditors found that all of these costs were eligible for reimbursement under the program, but questioned costs in excess of the award ($120,098) and costs ($62,404) where the grantee had exceeded its approved budget flexibility without prior OSM approval. The State has since submitted an amended application covering the original budget period with an enlarged budget request of $487,317 or $116,775 in excess of the original grant amounts. (We do not know why the State did not request the total $490,640.) In November 1979, OSM approved the budget changes that exceeded the budget flexibility previously given the State. The certifying officer has asked the following specific questions: 1. Was it proper to approve the amended grant budget and is payment to the State of Ohio proper for the additional $116,775> A /7Jo1-V [5 f6 1 THE COMPTROLLER OEIRAL OF THE UNITEO STATES WASHINGTON, D.C. 20548 DATE: June 19, 1981 Department of Interior-Office of Surface Mining- Authority to Pay for Costs Not Part of Original Award

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