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B-197100 1 (1980-04-28)

handle is hein.gao/gaobadifh0001 and id is 1 raw text is: GENERAL THE COMPTRO~LLER ENRA DECISIN OF THE UNITED STATES 3 WASHINGTON, D.C. 2054 FILE: MATTER O DIGEST: B-197100 DATE: April 24, 1980 Environmental Protection Agency Public Participation Program 1. In deciding whether intervenor in proceedings should receive financial assistance, agency should examine income and expenses and net assets of applicant to determine whether appli- cant can afford to participate without assistance. If intervenor has insufficient resources to participate in proceeding agency may provide full or partial assistance from appropriated funds. However, fact that intervenor would be forced to choose among various public activi- ties and could not afford to participate in all of them, does not, without more, make participant unable to finance own participation. Agency may hot use appropriated funds to assist such participant. 2. Since agency is authorized to provide assist- ance to needy intervenors, as explained in GAO decisions, under Federal Grant and Cooperative Agreement Act of 1977, agency may properly characterize this assistance as grant. If so characterized, prohibition against advance funding contained in 31 U.S.C. S 529 does not apply provided adequate fiscal controls to protect Government's interests are utilized. 56 Comp. Gen. 111 (1976) and B-139703, September 22, 1976, distinguished. The General Counsel of the United States Environmental Protection Agency (EPA) has requested our opinion on the agency'sproposed pilot public participation programI Specifically, she asks whether the draft of the notice establishing the program conforms with decisions of this Office concerning the use of appropriated funds to assist partici- pants in agency proceedings. We have examined the EPA draft notice and find, that with two ex- ceptions, it is in conformity with our previous decisions. We also conclude that the enactment of the Federal Grant and Cooperative F: I I ekA soooI

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