What is an inherently governmental activity?
An inherently governmental activity is an activity so intimately related to the public interest of the United States that it requires Federal employees to perform these functions. Inherently governmental activities include those activities that require either the exercise of discretion in applying Government authority or the making of value judgments in making decisions for the Government.
An inherently governmental activity is a function so intimately related to the public interest that it mandates performance by Federal employees. These functions include those activities that require either the exercise of discretion in applying Government authority or the making of value judgments in making decisions for the Government. Governmental functions normally fall into two categories: 1) the act of governing, i.e., the discretionary exercise of government authority, and 2) monetary transactions and entitlements. Examples would include making decisions to list a species under the Endangered Species Act and approving a state conservation grant. OMB OFPP Letter 92-1 contains further details regarding the definition of an inherently governmental activity.
An inherently governmental activity is a function so intimately related to the public interest that it mandates performance by government personnel. These activities require the exercise of substantial discretion in applying government authority and/or in making decisions for the government. Inherently governmental activities normally fall into two categories: the exercise of sovereign government authority or the establishment of procedures and processes related to the oversight of monetary transactions or entitlements. An inherently governmental activity involves: 1) Binding the United States to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise; 2) Determining, protecting, and advancing economic, political, territorial, property, or other interests by military or diplomatic action, civil or criminal judicial proceedings, contract management, or otherwise; 3) Significantly affecting the life, liberty, or property of private persons; or