Request for Reconsideration of B-306666, June 5, 2006

B-306666.2: Mar 20, 2009

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Edda Emmanuelli Perez
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This is in response to a memorandum of November 26, 2008, requesting that we reconsider our decision in Forest Surface--Surface Water Management Fees, B-306666, June 5, 2006, based on two developoments that occurred since the decision was issued. In B-306666, we concluded that the Forest Service, as an agency of the U.S. government, is constitutionally immune from paying the surface water management (SEM) fee assessed by King County against Forest Service properties because those fees constitute a tax.

After due consideration, we do not believe either development provides new information that would cause us to reverse our prior decision in this matter.