An inherently governmental activity is an activity that is so intimately
related to the public interest as to mandate performance by government
personnel. These activities require the exercise of substantial discretion
in applying government authority and/or in making decisions for the government.
Inherently governmental activities normally fall into two categories:
the exercise of sovereign government authority or the establishment of
procedures and processes related to the oversight of monetary transactions
or entitlements. An inherently governmental activity involves:
(1) Binding the Unites States to take or not to take some action by contract,
policy, regulation, authorization, order, or otherwise;
(2) Determining, protecting, and advancing economic, political, territorial,
property, or other interests by military or diplomatic action, civil or
criminal judicial proceedings, contract management, or otherwise;
(3) Significantly affecting the life, liberty, or property of private
persons; or
(4) Exerting ultimate control over the acquisition, use, or disposition
of United States property (real or personal, tangible or intangible),
including establishing policies or procedures for the collection, control,
or disbursement of appropriated and other federal funds.
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