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B-320868 1 (2010-09-29)

handle is hein.gao/gaobadslq0001 and id is 1 raw text is: G ...GAO Accountability * Integrity * Reliability United States Government Accountability Office Washington, DC 20548 B-320868 September 29, 2010 David A. Lebryk Commissioner, Financial Management Service U.S. Department of the Treasury 1500 Pennsylvania, Avenue, NW Washington, DC 20220 Subject: Use of GAOS ~Appropiations to Pay D.C. Water's Impervious Surface Area Charge and the District of Columbia Storm water Fee Dear Mr. Lebryk: We have completed our evaluation of two charges to GAO that are contained in the District of Columbia (District)Water and Sewer Authority's (D.C. Water) fiscal year 2011 billing for federal customers for water and sewer services (D.C. Water FY 2011 Bill).' The impervious surface area charge assessed by D.C. Water is a valid sewer rate payable from GAO's appropriations. However, the District of Columbia's stormwater fee, which is collected by D.C. Water for the District Department of the Environment, is a tax for which Congress has not yet legislated a waiver of sovereign immunity. Consequently, GAO's appropriated funds are not available to pay the District stormwater fee. Accordingly, we ask the Department of Treasury not to make a payment from GAO's appropriations for the stormwater fee itemized on the D.C. Water fiscal year 2011 bill.' We have informed the District of our objection to the stormwater fee by letter to its Attorney General today, B-320795. 'The District Water and Sewer Authority transmitted the D.C. Water FY 2011 Bill to the Director of the federal government's Office of Management and Budget (OMB) by letter dated Apr. 15, 2009. ' The charge to GAO for the stormwater fee for fiscal year 2011 is $7,494.12.

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