[Letter], B-277719, August 20, 1997

B-277719 Aug 20, 1997 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST The presumption is that everything in an appropriation act is effective only for the year covered. Whether the restriction was permanent law or expired at the end of the fiscal year. An analysis of the provision's legislative history and purpose supported the conclusion that the restriction is permanent law. Is permanent law or expires at the end of fiscal year 1997. [1] Section 108 of the Interior Appropriations Act states that: "No final rule or regulation of any agency of the Federal Government pertaining to the recognition. We believe section 108 is permanent law. Discussion Since an appropriation act is made for a particular fiscal year. The starting presumption is that everything contained in the act is effective only for the year covered. 31 U.S.C Sec. 1301(c)(2)(1994). View Decision B-277719 August 20, 1997 DIGEST Congressional Requesters This responds to your July 29, 1997, letter asking whether section 108 of the Department of the Interior and Related Agencies Appropriations Act, 1997, is permanent law or expires at the end of fiscal year 1997. [1] Section 108 of the Interior Appropriations Act states that: "No final rule or regulation of any agency of the Federal Government pertaining to the recognition, management, or validity of a right-of- way pursuant to Revised Statute 2477 (43 U.S.C. 932) shall take effect unless expressly authorized by an Act of Congress subsequent to the date of enactment of this Act." 110 Stat. 3009-200. For the reasons discussed below, we believe section 108 is permanent law. Discussion Since an appropriation act is made for a particular fiscal year, the starting presumption is that everything contained in the act is effective only for the year covered. 31 U.S.C Sec. 1301(c)(2)(1994). For this reason, a provision in an appropriation act will be considered to be permanent only if the statutory language or the nature of the provision makes it clear that Congress intended the provision to be permanent. 65 Comp.Gen. 588, 589 (1986). Permanency is indicated most clearly when the provision in the appropriation act uses words of futurity. While "hereafter" is a common "word of futurity," we have afforded language such as "after the date of approval of this act" the same treatment. E.g., 36 Comp. Gen 434, 436 (1956). The language "subsequent to the date of enactment of this Act" found in section 108 of the fiscal year 1997 Interior Appropriations Act is of the same character. The precise location of the words of futurity can be important and can determine whether or not a provision is permanent. Cf. B-228838, Sept. 16, 1987 (words of futurity in a proviso of a section did not make the entire section permanent). In the case of section 108, the location of the phrase "subsequent to the date of enactment of this Act" presents two possible interpretations. On the one hand, "subsequent to the date of enactment of this Act" could apply only to the immediately preceding phrase "Act of Congress" and thereby describe only the period of enactment for the authorizing "Act of Congress" that must occur for an agency rule or regulation on R.S. 2477 rights-of-way to take effect. [2] Under this reading, the phrase "subsequent to the date of enactment" means that the agency rule can become effective only if it is expressly authorized by a new, not a previous, Act of Congress. This limitation on agency rulemaking would expire at the end of fiscal year 1997. Alternatively, "subsequent to the date of enactment of this Act" could apply to all of section 108 and thereby describe the time period applicable to the limitation on agency rulemaking on R.S. 2477 rights-of- way. Under this reading, the phrase "subsequent to the date of enactment of this Act" means that the requirement for an express authorization by an Act of Congress before the agency rule can become effective is a permanent requirement beginning with the enactment of the fiscal year 1997 appropriation. We believe the latter interpretation is the meaning best ascribed to section 108 based on its legislative history and purpose. Language similar to that found in section 108 first appeared as section 349(a)(1) of the National Highway System Designation Act of 1995, Pub. L. No. 104-59, 109 Stat. 568, 617-618 (1995). Section 349(a)(1) states: "(a) MORATORIUM. - "(1) IN GENERAL. - Notwithstanding any other provision of law, no agency of the Federal Government may take any action to prepare, promulgate, or implement any rule or regulation addressing rights-of-way authorized pursuant to section 2477 of the Revised Statutes (43 U.S.C. 932), as such section was in effect before October 21, 1976." As indicated by the heading of subsection (a) of section 349, paragraph (1) was a moratorium on agency actions on rules and regulations regarding R.S. 2477 rights-of-way.