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B-206244 1 (1982-06-08)

handle is hein.gao/gaobadkjm0001 and id is 1 raw text is: rILE- D-2,6244 MATTER OF: 0D SIS FT: LI THU UNITr4U 3 TATEJ MI/A 3 HIt4 C TUV NI D 5D DATE= ,rTtn 8, 1982 Payment of Pe-Grant Agreement Costs When No Grant is Made * I Department of the interior does not hve the authority to pay a claim for costs incurrei by a state in anticipation of a Youth Contservition Corps grant that was never made because thc State withdrew its grant application. Since no grant was ever made and none of the statutory objectives for whIch funds are appcopriated for tho YCC grant program were achieved, the Depart- merit may not reimburse the State for the expenses involved. tiu decision is in response to a request from the Chief, Division of Fiscal Services, Office of Administrative Services, re- partment of the Interior (repihtient), for our legal opinion con- cerning the authority of the Department to pay a $5,213.37 claim presented to it by the State of Georgia (State). The State's claim represents pre-agreement costs incurred in anticipation of the award of a grant to operate a Youth Conservation Cops (YCC) program during the stimer of 1981. The State never received a YCC grant in fiscal year 1981 because of its decision to witildraw its grant appltcation. In thee circumstances it is our opinion that the 1xpartrv.nt has no legal authority to ray any portion of the State's claim. Under the Youth Conservation Corps Act of 1970, as amended, 16 U..S.C. SS 1701 et. g., the Secretary of the Interior and the Secretary of Agricuiture are authorized to make grants i* * * to States to assist them in r1eetinri the cost of projects for the employment of young men and women to develop, preserve, and main- tain non-Federal public lands and waters within the States. 16 U.S.C. S 1704(a). A total of $60 million was appropriated for the YCC program for fiscal year 1981. Pub. L. No. 96-514, 94 Stat. 2957, 2970. Based on the terms of 16 U.S.C. 9 1704(d), 30 percent of that amount was to be trade available for YCC grants to the states. The remaining amount was to be made available to the Secretaries of Interior and Agriculture for othcot programs authorized by the Youth Conservation Corps Act.

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