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AUTHORITIES, LEGISLATION and BACKGROUND
Public Law 106-291. Dated October 11, 2000. Sec. 330. 43 USC
1701.
Public Law 109-54, Section 428 excerpt
In fiscal years 2001 through 2008, the Secretaries of the Interior and Agriculture, subject to annual review of Congress, may establish pilot programs involving the land management agencies referred to in this section to conduct projects, planning, permitting, leasing, contracting and other activities, either jointly or on behalf of one another; may co-locate in Federal offices and facilities leased by an agency of either Department; and promulgate special rules as needed to test the feasibility of issuing unified permits, applications, and leases. The Secretaries of the Interior and Agriculture may make reciprocal delegations of their respective authorities, duties and responsibilities in support of the "Service First" initiative agency-wide to promote customer service and efficiency. Nothing herein shall alter, expand or limit the applicability of any public law or regulation to lands administered by the Bureau of Land Management, National Park Service, Fish and Wildlife Service, or the Forest Service. To facilitate the sharing of resources under the Service First initiative, the Secretaries of the Interior and Agriculture may make transfers of funds and reimbursement of funds on an annual basis, including transfers and reimbursements for multi-year projects, except that this authority may not be used to circumvent requirements and limitations imposed on the use of funds.
H.R. 109-080, page 176
Section 428 extends the authorization for the Service First program.
Congressional Record _ House, page H6569
SEC. 428. Section 330 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (Public Law 106–291; 114 Stat. 996; 43 U.S.C. 1701 note), is amended—
(1) in the first sentence, by striking ‘‘2005’’ and inserting ‘‘2008’’;
(2) in the first sentence by striking ‘‘may pilot test agency-wide joint permitting and leasing programs’’ and inserting after ‘‘Congress,’’ the following: ‘‘may establish pilot programs involving the land management agencies referred to in this section to conduct projects, planning, permitting, leasing, contracting and other activities, either jointly or on behalf of one another; may co-locate in Federal offices and facilities leased by an agency of either Department;’’;
(3) in the third sentence, by inserting ‘‘, National Park Service, Fish and Wildlife Service,’’ after ‘‘Bureau of Land Management’’; and
(4) by adding at the end the following new sentence: ‘‘To facilitate the sharing of resources under the Service First initiative, the Secretaries of the Interior and Agriculture may make transfers of funds and reimbursement of funds on an annual basis, including transfers and reimbursements for multi-year projects, except that this authority may not be used to circumvent requirements and limitations imposed on the use of funds.’’. - Delegations of Authority by the Secretary of Agriculture and General Officers of the Department
FSM 1230, Delegations of Authority, Service
First. Interim Directive 1230-2004-1 re-establishes the scope of authorities that may be delegated to
BLM employees and the manner in which they may be delegated. Word
USDA Secretary's Memorandum 1030-47, September 11,
2000. Delegation of Authority; Forest Service and Bureau of Land
Management Pilot Projects
FY 2000 Interior and Related Agencies Appropriations Act P.L. 106-113 Sec. 354. Public Law 105-83, the Department of the Interior and Related Agencies Appropriations Act of November 17, 1997,
title III, section 331 is hereby amended by adding before the
period: ``: Provided further, That to carryout the provisions
of this section, the Bureau of Land Management and the Forest
Service may establish Transfer Appropriation Accounts (also
known as allocation accounts) as needed''.
FY 1998 Interior and Related Agencies Appropriations Act P.L.
105-83 Title III Sec. 331. In fiscal years 1998 through 2002, the Secretaries of the Interior and Agriculture may make reciprocal delegations of their
respective authorities, duties and responsibilities in support of joint
pilot programs to promote customer service and efficiency in the
management of public lands and national forests: Provided, That nothing
herein shall alter, expand or limit the existing applicability of any
public law or regulation to lands administered by the Bureau of Land
Management or the Forest Service.
BLM Instructional Memorandum No. 98-39, December 16, 1997.
Issued by Director Pat Shea containing a Reciprocal Delegation of
Authority.
ECONOMY ACT: 601 of 31 USC 1535: Agencies may request details of employees to positions in their agencies from
another agency under the provisions of the Economy Act. This Act allows an
agency to place an order with a unit of the same or other agency for goods or
services. The Act and various Comptroller General decisions and interpretations
promote activities which realize savings to the government as a whole.
CONGRESSIONAL REPORTING REQUIREMENTS: Public Law 102-123 Title VI 617, Oct. 28, 1992, 107 STAT 1263. "Each
Executive agency detailing any personnel shall submit a report on an annual
basis in each fiscal year to the Senate and House Committees on Appropriations
on all employees detailed to Executive agencies listing the grade, position, and
office of each person detailed and the agency to which each such person is
detailed."
COMPTROLLER GENERAL DECISIONS ON REIMBURSEMENT FOR DETAILS: The General Accounting Office (GAO) exercises oversight responsibility for
agency use of appropriated funds. A recent relevant decision issued by the
Comptroller General (CG) of the GAO is 64 COMP GEN 37, March 20 1985. This
says nonreimbursable details generally are improper due to statutory
appropriation restrictions. It also says that there are limited circumstances where
such nonreimbursable details may occur such as when the detail involves a
matter similar or related to the loaning agency's appropriation and will aid in
accomplishing the purpose for which appropriations are provided and when the
fiscal impact on the appropriation is negligible.
OFFICE
OF PERSONNEL MANAGEMENT: The Federal Personnel Manual (FPM) Chapter 300
Employment, Subchapter 8 Detail of Employees. This FPM subchapter is abolished
under the sunsetting of the FPM. However, the subchapter refers to and
summarizes useful references which may be of use to personnelists. It should be
kept in mind that the chapter predates the above cited CG decision and the most
recent regulations on merit promotion.
MEMORANDUM OF UNDERSTANDING NO. 95-MOU-056/WO700-9504 (AS
AMENDED) BETWEEN THE USDA FOREST SERVICE AND THE DOI BUREAU OF
LAND MANAGEMENT: (MOU Expired 9/30/99) This Personnel
Exchange Program MOU authorizes heads of major agency components (e.g FS Regional
Forester/BLM State Director) to select and authorize the exchange of employees
for up to two years by mutual agreement. Extensions are possible. The purpose
is to provide mutual cooperation and assistance, to contribute to collaborative
land management efforts and to foster diversity in the workplace. |
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