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B-303180 1 (2004-07-26)

handle is hein.gao/gaocrptapqt0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States Government Accountability Office Washington, DC 20548 Decision Matter of: Reclamation Fund and Western Area Power Administration File: B-303180 Date: July 26, 2004 DIGEST While the relationship between the Bureau of Reclamation (BOR) and the Western Area Power Administration (WAPA) is not a creditor-debtor relationship, WAPA is required to set rates to recover from its power customers amounts appropriated over the years from BOR's Reclamation Fund to finance construction, operation, and maintenance of federal power facilities, and to deposit power revenues into the Reclamation Fund. The statutory power marketing scheme was designed to ensure that power customers reimburse the federal government for the benefit they receive from the federal government. The statutory scheme requires WAPA to enforce reimbursement by WAPA's customers and to repay to the Reclamation Fund the amount it collects. DECISION The Department of the Interior (Interior) has requested an advance decision under 31 U.S.C. § 3529 regarding the nature of the relationship between the Reclamation Fund and the Western Area Power Administration (WAPA). The annual appropriation acts for the Department of Energy (Energy) finance WAPA, one of Energy's power marketing administrations (PMA), by providing that most of WAPA's appropriations shall be derived from the Department of the Interior Reclamation Fund. See, e.g., Energy and Water Development Appropriation Act for Fiscal Year 2004, Pub. L. No. 108-137, 117 Stat. 1827, 1858 (Dec. 1, 2003). Other laws address the reverse flow of money from WAPA to the Reclamation Fund. See, e.g., 43 U.S.C. § § 392a, 485h(c). In the request, Interior asked us whether the annual appropriation to WAPA is a a transfer from one appropriation to another or a loan from the Reclamation Fund. Letter from Nina Rose Hatfield, Deputy Assistant Secretary for Budget and Finance of the Department of the Interior, to the Comptroller General, May 15, 2004. If a loan, Interior further asked what recourse is available for Interior to enforce repayment of this liability between Federal agencies and what is the authority from which that recourse arises. Id.

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