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B-203771 1 (1982-01-13)

handle is hein.gao/gaobadkab0001 and id is 1 raw text is: I m L //7CI-72, DECISION THE COMPTROLLER GENERAL OF rHiE UNITED STATIES WAS3HINGTON , 0, 3, 20540 .2o6s93 FILE: 13-203771 DATE: January 13, 1982 MATTER DIGEST: OF: Proper act to apply to distribution of Bureau of Land Management grazing receipts Because section 701(b) of Federal Land Policy and Management Act of 1976 (FLPMA) provides' that in the event of conflict between FLPMA and Acts of August 28, 1937, and May 24, 1939, insofar as they relate to disposition of reve- nues from lands, latter acts shall prevail, funds currently held in suspense may be dis- tributed to Oregon counties in accordance with formulae set forth in latter acts. A certifying officer for the Bureau of Land Management, Department of the Interior, has requested a decision on whether funds received by the United States as fees for grazing livestock on public lands under the Act of August 28, 1937, 43 U.S.C. 5 1181d, which are currently being held in a suspense account in the US. Treasury, may be distri- buted to the Oregon counties in which these public lands are situated in accordance with the formulae set forth in that Act and the Act of May 24, 1939, 43 U.S.C. S Allf-4 et segq. Te suspense account was created in response to a December 6, 1976, memorandum from the Depart- ment of the Interior's Office of the Solicitor to the Bureau of Land Management, advising the Bureau that a conflict existed between sec- tions 401(b)(1) and 701(b) of the Federal Land Policy and Management Act of 1976 (FLPMA), 413 U.S.C. SS 1701 et sgq., and that grazing rev- enues from the lands in question should rot be distributed until this conflict was resolved, Because section 701(b) of the FLPMA explicitly provides that in the event of a conflict between the 1976 FLPMA and the earlier acts, the earlier acts will prevail, we hold that the funds currently being held in suspense may be distributed to the counties in accordance with the formulae set forth in the earlier acts. Section 401(b)(l) of the FLPMA provides: * * *that 50 per centum of all moneys received by the United States as fees for grazing domestic live- stock on public lands (other than from ceded Indian lands) under the Taylor Grazing Act (48 Stat. 1269; 43 U.S.C. 315 et seq.) and the Act of August 28, 1937 (50 Stat, 874; 43 U.S.C. 181d), and on lands in National Forests in the eleven contiguous Western States under the provisions of this section shall be credited to a separate account in the Treasury, one- half of which is authorized to be appropriated and I. P *n I ~

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