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Our firm assisted a tribe in its successful effort to secure a Forest Service decision banning rock climbing on Cave Rock, a significant tribal cultural site, and filed an amicus brief in Access Fund v. U.S. Department of Agriculture in support of the Forest Service’s decision, which was upheld.

General Memorandum 14-076

General Memorandum 14-076
Office of Management and Budget Instructions on FY 2015 Continuing Resolution

The Office of Management and Budget (OMB) has issued the attached instructions to executive agencies regarding apportionment of funds for the FY 2015 Continuing Resolution (CR) PL 113-164. We reported in our General Memorandum 14-074 of September 19, 2014, that the CR will provide funding to federal agencies for the period October 1 through December 11, 2014, unless Congress enacts appropriations bills prior to that date. It was necessary for Congress to enact the short-term CR because no FY 2015 appropriations bills were enacted prior to the beginning of the fiscal year.

The attached OMB Bulletin No. 14-03 provides directions for federal agencies on how to calculate funding amounts during the period of the CR and how programs which receive mandatory funding (not subject to the appropriations process) are to be treated.

Funds are, by and large to be distributed during the period of the CR on a pro rata FY 2014 basis and under the terms and conditions of the FY 2014 Appropriations Act, except that an across-the-board reduction of 0.0554 percent (equal to roughly 1/20th of one percent, or 1/20th of one penny out of each dollar) to each account will be made during the ten-week period of the CR. Funding for advance appropriated programs (those programs whose money was appropriated in FY 2014 for obligation in FY 2015) is also cut by this small amount for the period of the CR. Funding for entitlement and mandatory payments which was provided for FY 2014 as well as activities under the Food and Nutrition Act will be continued at a rate that maintains current program levels.

There is an exception to continued funding under the CR for programs for which Congress has recommended zero FY 2015 funding. If a bill approved by the House or Senate or a bill reported out by the House or Senate Appropriations Committee recommended zero funding for an account, then that account would not receive funding under the CR. A federal agency may, however, submit to OMB a special request and justification for funding for such an account or program (called an "exception apportionment"); OMB states that it will grant only a limited number of such requests.

While no FY 2015 appropriations bills have been passed by the House or Senate, the following appropriations bills have been reported by the House or Senate Appropriations Committee:

AGRICULTURE HR 4800; H. Rpt. 113-468; S 2389; S. Rpt. 113-164
COMMERCE/JUSTICE/SCIENCE HR 4660; H. Rpt. 113-448; S 2437; S. Rpt. 113-181
DEFENSE HR 4870; H. Rpt. 113-473, S. Rpt. 113-211
ENERGY AND WATER HR 4923; H. Rpt. 113-486
FINANCIAL SERVICES HR 5016; H. Rpt. 113-508
HOMELAND SECURITY HR 4903; H. Rpt. 113-481; S 2534; S. Rpt. 113-198
INTERIOR, ENVIRONMENT HR 5171; H. Rpt. 113-551
AND RELATED AGENCIES
LABOR/HHS/EDUCATION [No reports were filed.]
LEGISLATIVE BRANCH HR 4487; H. Rpt. 113-417; S. Rpt. 113-196
MILITARY/VETERANS HR 4486; H. Rpt. 113-416; S. Rpt. 113-174
STATE/FOREIGN OPERATIONS HR 5013; H. Rpt. 113-499; S 2499; S. Rpt. 113-195
TRANSPORTATION/HUD HR 4745; H. Rpt. 113-464; S 2438; S. Rpt. 113-182

The House Appropriations Committee did not recommend zero funding for any Indian Health Service or Bureau of Indian Affairs/Bureau of Indian Education account.

Please let us know if we may provide additional information regarding FY 2015 appropriations.

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Inquiries may be directed to:
Karen Funk (kfunk@hobbsstraus.com)
Moriah O'Brien (mobrien@hobbsstraus.com)

Available Documents for Download ( any referenced attachments are included in download )


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