[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR22.2]

[Page 435-436]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 22--ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND INDEMNIFICATION OF DEPARTMENT OF THE INTERIOR EMPLOYEES--Table of Contents
 
                  Subpart A--Administrative Tort Claims
 
Sec. 22.2  Provisions of law and regulations thereunder.

    (a) Section 2672 of title 28 U.S. Code, as above amended, provides 
that:

    The head of each Federal agency or his designee, in accordance with 
regulations prescribed by the Attorney General, may consider, ascertain, 
adjust, determine, compromise, and settle any claim for injury or death 
caused by the negligent or wrongful act or omission of any employee of 
the agency while acting within the scope of his office or employment, 
under circumstances where the United States, if a private person, would 
be liable to the claimant in accordance with the law of the place where 
the act or omission occurred: Provided, That any award, compromise, or 
settlement in excess of $25,000 shall be effected only with the prior 
written approval of the Attorney General or his designee.
    Subject to the provisions of this title relating to civil actions on 
tort claims against the United States, any such award, compromise, 
settlement, or determination shall be final and conclusive on all 
officers of the Government, except when procured by means of fraud.
    Any award, compromise, or settlement in an amount of $2,500 or less 
made pursuant to this section shall be paid by the head of the Federal 
agency concerned out of appropriations available to that agency. Payment 
of any award, compromise, or settlement in an amount in excess of $2,500 
made pursuant to this section or made by the Attorney General in any 
amount pursuant to section 2677 of this title shall be paid in a manner 
similar to judgments and compromises in like causes and appropriations 
or funds available for the payment of such judgments and compromises are 
hereby made available for the payment of awards, compromises, or 
settlements under this chapter.
    The acceptance by the claimant of any such award, compromise, or 
settlement shall be final and conclusive on the claimant, and shall 
constitute a complete release of any claim against the United States and 
against the employee of the Government whose act or omission gave rise 
to the claim, by reason of the same subject matter.

    (b) Subsection (a) of section 2675 of said title 28 provides that:

    An action shall not be instituted upon a claim against the United 
States for money damages for injury or death caused by the negligent or 
wrongful act or omission of any employee of the Government while acting 
within the scope of his office or employment, unless the claimant shall 
have first presented the claim to the appropriate Federal agency and his 
claim shall have been finally denied by the agency in writing and sent 
by certified or registered mail. The failure of any agency to make final 
disposition of a claim within 6 months after it is filed shall, at the 
option of the claimant any time thereafter, be deemed a final denial of 
the claim for purposes of this section. The provisions of this 
subsection shall not apply to such claims as may be asserted under the 
Federal Rules of Civil Procedure by third party complaint, cross-claim, 
or counter-claim.

    (c) Section 2678 of said title 28, as amended, provides that no 
attorney shall charge fees in excess of 25 percent of a judgment or 
settlement after litigation, or in excess of 20 percent of 
administrative settlements.
    (d) Subsection (b) of section 2679 of said title 28 provides that 
tort remedies against the United States resulting from the operation of 
any employee of

[[Page 436]]

the Government of any motor vehicle while acting within the scope of his 
employment shall be exclusive of any other civil action or proceeding 
against the employee or his estate.
    (e) Subsection (b) of section 2401 of said title 28 provides:

    A tort claim against the United States shall be forever barred 
unless it is presented in writing to the appropriate Federal agency 
within 2 years after such claim accrues or unless action is begun within 
6 months after the date of mailing, by certified or registered mail, of 
notice of final denial of the claim by the agency to which it was 
presented.

    (f) The Federal Tort Claims Act, as amended, shall apply to claims 
accruing 6 months or more after date of its enactment (date of 
enactment, July 18, 1966).
    (g) Pursuant to section 2672 of title 28, United States Code, as 
amended, the Attorney General has issued regulations (herein referred to 
as ``the Regulations''; 28 CFR part 14), prescribing standards and 
procedures for settlement of tort claims (31 FR 16616). The officers to 
whom authority is delegated to settle tort claims shall follow and be 
guided by such Regulations (28 CFR part 14).