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B-118370 1 (1979-06-29)

handle is hein.gao/gaobadhiz0001 and id is 1 raw text is: DECISION FILE: B-118370 MATTER OF: DIGEST: CLE 0 TR0LLE ~ 0 OF UIN Tt.CED STATES WASHINGTON, ED.C. 265,4B /4./ -, DATE: June 29, 1979 Administrative costs limitation; Pittman- Robertson, Dingell-Johnson Acts The 3 percent dministrative pverhead and indirect cost limitationsof the Pittmart-Robertson aid Dingell- Jbhns5n Acts] 16 U.S. C. 55 669e(c) and 777e (c) respectively, apply to costs incurred by an agency or department--a central service activity-- of the State whose functions include regularly per- forming services not for its own constitutent ele - ments but all agencies of the State. Therefore, they do not apply to costs incurred by the Colorado De- partment of Natural Resources (DNR) in providing services to its Division of Wildlife even though the Qlivision may exercise control over its programs, since for administrative purposes it is a part of DNR and any services provided by DNR to it are of an intra-departmental nature. This decision is in response to- a request from the Deputy Solicitor, Department of the Interior for an & terpretation of two laws prescribing a limitation on overhead or i rdired costs assessed&forState-central services to grattee agencies. His letter describes the problem as follows: We would appreciate your advice on the interpretation of a provision of concern to this Department's Fish and Wildlife Service (FWS) Federal Aid program, under the Pittman-Robertson and'Dingell-Johnson Acts, 16 U. S. C. § 669 et seq. and § 777 et seq., respectively. Section 6(c) of the Pittman-Robertson Act, 16 U. S. C. § 669e(c), provides: [footnote omitted] 'Administrative costs in the form or over- head or indirect costs for services provided by State central service activities outside of the State agency having primary jurisdiction over the wildlife resources of the State which may be charged against programs or projects supported by the fund established by Section 669b of this title shall not exceed in any one fiscal year 3 per centum-of the annual appor- tionment to the State. [Emphasis added. ]