[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR211.16]

[Page 180]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 211--REAL ESTATE ACTIVITIES OF THE CORPS OF ENGINEERS IN CONNECTION WITH CIVIL WORKS PROJECTS--Table of Contents
 
Sec. 211.16  Scope and application of Army Regulations.

    (a) AR (Army Regulations) 25-25 has been issued in furtherance of 
the act of July 3, 1943. The regulations in this part, in keeping with 
the terms of the act, apply to claims for damages only. Paragraph 7 of 
AR 25-25 provides that claims for damages to real property incident to 
the use and occupancy thereof by the government under a lease express or 
implied, or otherwise, are payable under this section even though 
legally enforceable against the Government as contract claims. However, 
if deemed preferable in the best interest of the Government claims 
payable under paragraph 7 may be processed to the General Accounting 
Office for direct settlement under sec. 236, Revised Statutes. Claims 
for rent of real property are not payable under AR 25-25.
    (b) AR 100-64 has been issued in furtherance of Section 236, Revised 
Statutes, as amended by the act of June 10, 1921; 42 Stat. 24, 31 U.S.C. 
71. These regulations provide exclusive authority for the consideration 
and settlement of claims for rent and other payments of an express or 
implied contractual nature, and optional authority with AR 25-25 for 
settlement of damages, in excess of $1,000 arising out of the use and 
occupancy of real estate by the Department of the Army or the Army under 
an agreement expressed or implied. AR 100-64 applies to all claims for 
rent regardless of amount and for other payments of a contractual 
nature, for example, claims for electricity, heat, light, water, and 
other out-of-pocket expenses, repairs, etc., where such expenses are not 
included in the lease as a part of the rental consideration.