Exhibit 1

264 FW 1
Authorities for Part 264, Cost Recovery, Reimbursables, and Interagency Agreements

Supersedes Exhibit 1, 264 FW 1, October 9, 2009

Date: September 24, 2015

Series: Finance

Part 264: Cost Recovery and Reimbursable Agreements

Originating Office: Division of Financial Management



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This list of authorities is not exhaustive. There may be other authorities more appropriate for employees to cite as the legal authority for an agreement.

A. The Economy Act of 1932

(31 U.S.C. Sec. 1535)

-Prescribes the rules for the purchase of supplies, equipment, or service by one Federal Government bureau or department from another Federal Government bureau or department.

B. Fish and Wildlife Coordination Act  (16 U.S.C. 661-667e)


-The amendments enacted in 1946 require us to consult with the fish and wildlife agencies of States where the "waters of any stream or other body of water are proposed or authorized, permitted or licensed to be impounded, diverted . . . or otherwise controlled or modified" by any agency under a Federal permit or license.

-We consult with States to prevent the loss of and damage to wildlife resources.

-The amendments authorize the transfer of funds to the Service to conduct related investigations.

C. Fish and Wildlife Act of 1956

(16 U.S.C. 742a-c, 742e)

- Secretary may request and secure the advice or assistance of any department or agency of the Government in carrying out the provisions of this Act.

D.  Appropriations Act for the Department of the Interior and Related Agencies

-Beginning in Fiscal Year 1999, annual appropriations act language for the Resource Management account authorizes us to enter into reimbursable agreements with private entities. The Director has delegated limited authority.

E. Appropriations Act for the Department of the Interior and Related Agencies, 2000


-Public Law 106-113 provides permanent authority to us to:

(1) Credit the Resource Management account for any advance payment received under reimbursable agreements with private entities, and

(2) Carry out reimbursable work for State, local, and tribal governments without advance payments under certain circumstances (see sections 1.10 and 1.11 of 264 FW 1).

F. Title V of the Independent Offices Appropriation Act (IOAA) of 1952

(31 U.S.C. Subtitle VI, Chapter 97, Section 9701)

-Authorizes the head of a Federal agency to prescribe regulations establishing the charge for a service, resource, or product the agency provides.

-Charges are subject to the policies of the President and must be fair and based on the cost to the Government, the value of the service or product to the recipient, and other relevant facts.

G. Intergovernmental Cooperation

(31 U.S.C. Subtitle V, Chapter 65, Sections 601-608)

-Authorizes the head of any Federal agency to provide reimbursable specialized or technical services to State and local governments.

-The government agency requesting specialized services must pay salaries and all other identifiable direct and indirect costs of performing such services.

H. Intergovernmental Personnel Act (5 U.S.C. 4104)

-Permits the temporary assignment of personnel between Federal agencies, State and local governments, Indian tribes or tribal organizations, institutions of higher education, and other eligible organizations. Assignments are for specific work beneficial to the State, local government, Indian tribe, or other eligible organizations and the Federal agency concerned.

I. Service First (Public Law 106-291.  Sec. 330. 43 USC 1701) 

-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. They may not use this authority to circumvent requirements and limitations imposed on the use of funds.

J. Foreign Assistance Act of 1961 (P.L. 87–195)

-Precludes the need for an advance when performing work for a foreign government.

K. Statement of Federal Financial Accounting Standard (SFFAS) #4 “Managerial Cost Accounting Concepts and Standards for the Federal Government”

- States that full cost recovery should be incorporated into inter-agency agreements.


L. Office of Management and Budget (OMB) Circular A-25, User Charges

-Provides guidance on all Federal activities that convey special benefits to recipients beyond those accruing to the general public.

M. OMB Circular A-45, Rental and Construction of Government Quarters

-Sets policy that Executive agencies must use in establishing and administering rental rates and other charges for Government-furnished quarters located within the United States, the District of Columbia, and the territories and possessions of the United States.

-Provides guidance for the cost recovery of indirect costs associated with rent and utility bills.

N. OMB Circular A-97, Specialized or Technical Services for State and Local Governments

-Provides rules and regulations permitting Federal agencies to provide specialized or technical services to State and local units of government under Title III of the Intergovernmental Cooperation Act of 1968. 

O. OMB Circular No. A-11, Preparation, Submission and Execution of the Budget

-Provides guidance on reimbursements for providing goods and services between Federal agencies, reimbursements between Federal agencies and non-Federal entities, and advance payments from public (non-Federal) entities.

P. House Report 106-222 and Senate Report 106-99


-The House and Senate Committees on Appropriations established specific conditions for us to use the authority to incur obligations and expenditures in advance of receiving payments under reimbursable agreements with State, local, and tribal governments. The Director must approve all agreements with advance obligational authority.

Q. Oil Pollution Act

(33 U.S.C. 2701 et seq.)

-Provides authority for Federal, State, and tribal natural resource trustees to work together to identify and quantify injuries resulting from the release of oil spills. Trustees then determine the appropriate restoration measures to restore injured resources and may recover the costs associated with the restoration from responsible parties. We may use funds we recover from responsible parties without further appropriation to restore, replace, or acquire the equivalent of injured resources.


For more information about this exhibit, contact the Division of Financial Management. For more information about this Web site, contact Krista Bibb in the Division of Policy, Performance, and Management Programs.



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