Forest Service Handbook national headquarters (wo)



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6509.11h_30

Page of








Forest Service Handbook

national headquarters (wo)

Washington, DC


fsH 6509.11h – SERVICE-WIDE CLAIMS MANAGEMENT HANDBOOK
chapteR 30 – administrative claims against the government
Amendment No.: 6509.11h-2014-1
Effective Date: September 30, 2014
Duration: This amendment is effective until superseded or removed.


Approved: thelma j. strong

Chief Financial Officer (CFO)



Date Approved: 09/29/2014


Posting Instructions: Amendments are numbered consecutively by handbook number and calendar year. Post by document; remove the entire document and replace it with this amendment. Retain this transmittal as the first page(s) of this document. The last amendment to this handbook was 6509.11h-2013-1 to 6509.11h_10.


New Document


6509.11h_30

30 Pages

Superseded Document(s) by Issuance Number and Effective Date

!6509.11h,30 Contents

(Amendment 6509.11h-92-1, 09/04/92)

6509.11h,30-34

(Amendment 6509.11h-92-1, 09/04/92)

6509.11h,35

(Amendment 6509.11h-92-1, 09/04/92)

6509.11h,35,Ex.07

(Amendment 6509.11h-92-1, 09/04/92)



2 Pages
21 Pages
16 Pages
1 Page



Digest:
30 - Revises the entire and chapter sets forth procedures for processing administrative claims against the Government (defensive claims).

Table of Contents


30.1 - Authority 4

30.1a - Statute of Limitations 4


4

30.3 - Policy 5



30.3a - Scope of Employment 5

30.3b - Dependents as Passengers in Federally Owned or Leased Vehicles 5

30.3c - House Hunting Trips 5

30.4 - Responsibility 5



31 - TORT CLAIMS AGAINST THE GOVERNMENT 5

31.1 - Procedures for Filing a Tort Claim 6

31.11 - Employee Procedures 6

31.12 - Who May File a Claim 8

31.2 - Processing Tort Claims Against the Government 8

31.21 - Date Stamping of Claims 9

31.22 - Incomplete Filings 9

31.23 - Insufficient Support 9

31.24 - Involvement of Other Agencies 10

31.24a - Claims Pertaining to Other Agencies 10

31.24b - Claims Involving More Than One Agency 10

31.25 - Administrative Reports 10

31.26 - ASC-B&F Claims Branch Review 12

31.26a - Transmittal to OGC 12

31.27 - OGC Determinations 13

31.28 - Payment of Claims 14

31.28a - Payment Process 14

31.28b - Payments of $2,500 or Less 14

31.28c - Payments of Over $2,500 15

31.28d - Additional Requirement for Payments Over $25,000 16

31.28e - Denials 16

31.29 - Records 16

31.3 - Small Claims for Privately Owned Property Damage or Loss (31 U.S.C. 3723) 17

32 - CLAIMS ARISING FROM HUMAN RESOURCE PROGRAMS 17

32.1 - Claims Arising Out of Operation of a Job Corps Civilian Conservation Center 17

32.2 - Claims Arising Out of Operation of the Senior Community Service Employment Program 18

32.3 - Claims Arising Out of the Volunteer Program 19

32.4 - Claims Arising Out of the Youth Conservation Corps Program 19

33 - CLAIMS SUBJECT TO SETTLEMENT BY THE FOREST SERVICE 20

33.01 - Authority 20

33.1 - Loss of or Damage to Personal Property Obtained From Third Parties
(16 U.S.C. 502) 20

33.2 - Rewards for Information Leading to Arrest and Conviction for Violating Laws and Regulations (16 U.S.C. 559a) 22

33.3 - Damage to or Destruction of Private Property in Protection, Administration, and Improvement of the National Forests (16 U.S.C. 574) 25

34 - SPECIFIC TYPES oF CLAIMS 26

34.1 - Contract Claims 26

34.2 - Claims Involving a Contractor's Union Employees 27

34.3 - Claims for Fighting Fires on Federal Property 27

34.4 - Claims for Damage to Rental Vehicles 27

34.5 - Questionable Claims 29

34.6 - Nuisance Claims 29

34.7 - Payment From a Private Relief Act Appropriation (31 CFR 256.2) 30


30.1 - Authority

In addition to the policy in FSM 6570.1, the following direction applies to claims against the Government.


30.1a - Statute of Limitations


Unless a claim is filed within the time limit prescribed by statute, recovery from the Government is barred. Statutory exceptions may extend the time limit in specific instances. The following chart displays the statute of limitations for the statutes listed:





Authority


Citation

Statute of

Limitations

Equal Access to Justice Act

5 U.S.C. 504

30 days

Federal Agricultural Improvement and Reform Act, authorizing tort claims arising out of USDA activities outside the United States

7 U.S.C. 2262a

2 years

Overseas Tort Claims

7 U.S.C. 2622a

2 years

Refund of Monies Erroneously Collected

16 U.S.C. 499

6 years

Loss, Damage, or Destruction of Hired Equipment

16 U.S.C. 502

28 U.S.C. 2401



2 years

Reimbursement of Employees for Property Loss Resulting from Fires, Floods, and Other Casualties

16 U.S.C. 556c

28 U.S.C. 2401



2 years

Claims for Damage to or Destruction of Private Property in the Protection, Administration, and Improvement of the National Forests

16 U.S.C. 574

28 U.S.C. 2401



2 years

Federal Tort Claims Act

28 U.S.C. 2401

2 years

Military Personnel and Civilian Employees’ Claims Act

31 U.S.C. 3721

2 years

Small Claims for Privately Owned Property Damage or Loss

31 U.S.C. 3723

1 year

Claims Arising from the Operation of a Job Corps Civilian Conservation Center That are Not Cognizable under the Federal Tort Claims Act

29 CFR Part 15,

Subpart C



2 years

Claims Subject to Settlement by Office of Management and Budget or its Designees

31 U.S.C. 3702

6 years

Senior Community Service Employment Program

29 CFR Part 15

2 years

Youth Conservation Corps Enrollees’ Claims

29 CFR Part 15

2 years


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