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B-203446 1 (1982-01-28)

handle is hein.gao/gaobadkal0001 and id is 1 raw text is: 9 DECISION FILE; B-203446 MATTER DIGEST: THE COMPTRDLLMR 051dERA OF THI UNITED BTAT1SU WASHINGTON. 0,0e, (32040 DATE; Janu 28, 1982 OF; Department of Inter ior-Refunds to Inter-mountain Power Project. Department of Interior was ordered by a coirt to refund money which the court determined Interior erroneously collected, The funds collecte by Interior during fiscal years 1978 through 1981 were deposited into a special account in the Treasury and were appropriated by the Congrtuss. Refunds for these years should be made from this appropriation. le funds collected pdor to fiscal year 1978, however, were deposited into the Treasury as miscellaneous receipts, Refund of these collections must be from the appropriation created by 31 U,S.C, 5 725g-1 as there is no other specific appropriation or account available for this purpose. The Department of the Interior requests w, decision 'regarding the proper appropriation to use to pay refunds to the members of the Inter- mountain Power Project as ordered by the United States District Court for the District of Utah, See Beaver, Bountiful, Enterp''ise v. Andrus, No, C-76-227 (D. Utah, Sept- er 28, 1979), aff'd, 637 F2d 749 (10th Cir. 1980), The Intermountain Power Project(IPP) is a non-profit corporation formed and organized by cities and towns in Utah and California to build rower plants. The location of one of its proposed power plants was intended to be on Federal land administered by the Bureau of Land Management, a part of Interior. Before IPIP could build the power plant on this land it had.to obtain a right-of-way permit from Interior. As a condition for granting the permit, Interior charged a fee to IPP to offset the costs incurred in processing the application. The fee was collected during the fiscal years 1975 through 1981. It was this fee that the district court ordered refunded. For the reasons indicated below, we conclude that the portion of the charge collected by Interior betven fiscal years 1978 and 1981, which was deposited in a special account in the Treasury and was appropriated by the Congress, may be refLnded from this appropriation. That part of the charge which was collected between fiscal years 1975 and 1977 and deposited in the Treasury as miscellaneous receipts must be refunded from the appropriation for moneys erroneously received amd covered, established by 31 U.S.C. S 725cl-i. Under the Federal Land Policy and Management Act of 1976 (FLPMA), the Secretary of the Interior is authorized to recover costs incurred in processing applications for right-of-way permits. 43 U.S.C. S 1764(g).

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