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B-151087 1 (1981-09-15)

handle is hein.gao/gaobadjsl0001 and id is 1 raw text is: DECISON FILE: B-151087 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 20548 DATE: September 15, 1981 MATTER OF: Historic Preservation Fund DIGEST: Language in appropriations for the historic preservation grant program from the Historic Preservation Fund for the 1978 through 1981 fiscal years providing that funds appropri- ated for the program in each fiscal year were available for obligation for a two-year period takes precedence over conflicting language in the authorizing legislation that would allow the Department of the Interior to obligate funds appropriated for the program on a no- year basis. This decision responds to a request from the Department of the Interior (Department) for our opinion as to the availability for obli- gation of certain funds appropriated in fiscal years 1978 through 1981 from the Historic Preservation Fund for the historic preservation grant program. For the reasons set forth below, it is our position that the funds appropriated for each of the fiscal years in question would not be available for obligation beyond the two-year period specified in each appropriation act. As explained by the Department, the question arises due to an apparent conflict between portions of the authorizing legislation for the historic preservation grant program and the annual appropriation legislation for the program. The provision in the authorizing legis- lation referred to by the Department is section 103(b) of the National Historic Preservation Act, Pub. L. No. 89-665 80 Stat. 915, 916, ap- proved October 15, 1966, as most recently amended by subsection 203(a) of Pub. L. No. 96-515, 90 Stat. 2987, 2993, 16 U.S.C. § 470c (b). This provision reads as follows: The amounts appropriated and made available for grants to the States for the projects and programs under sections 470 and 470b and 470c to 470n of this title for each fiscal year shall be apportioned among the States by the Secretary in accordance with needs as disclosed in approved State-wide historic preservation plans. /P I

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