Availability of Interior's Departmental Management Appropriation

A Department of the Interior financial manager asked whether funds appropriated under the heading of Departmental Management for necessary expenses for the Office of the Secretary for fiscal year 1979 are available for certain administrative, logistical, and support activities authorized by title V of the Public Utility Regulatory Policies Act of 1978, the Endangered Species Act Amendments of 1978, and P.L. 93-531. Interior may use its Departmental Management appropriation to conduct the activities in question under all three statutes. It may use the 1979 Departmental Management appropriation to perform duties imposed on the Secretary by title V of the Public Utility Regulatory Policies Act even though title V became law after Congress had enacted the appropriation. Existing department and agency appropriations which generally cover the type of expenditures involved are available to defray the expenses of the additional duties imposed by proper legal authority. The test of availability is whether the duties imposed by the new law bear sufficient relationship to the purposes for which the appropriation previously enacted was made so as to justify the use of that appropriation for the new duties. Congress also enacted the Endangered Species Amendments of 1978, after it had passed the Departmental Management appropriation. The same general principle concerning the use of existing appropriations to defray expenses of additional duties applies to this situation. P.L. 93-531 established the Navajo and Hopi Indian Relocation Commission which relocates Navajo and Hopi Indians in order to settle land disputes between the two tribes. This law expressly provided that Interior furnish on a nonreimbursable basis, necessary administratve and housekeeping services for the Commission. The Departmental Management appropriation is available for these Commission expenses even though Congress enacted the appropriation prior to the statute establishing the Commission. Again, the same general principle concerning the use of existing appropriations to defray expenses of additional duties applies to this situation.