[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR750.34] [Page 399-401] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 750_GENERAL CLAIMS REGULATIONS--Table of Contents Subpart B_Federal Tort Claims Act Sec. 750.34 Settlement and payment. (a) Settlement agreement--(1) When required. A settlement agreement, signed by the claimant, must be received prior to payment in every case in which the claim is either: (i) Settled for less than the full amount claimed, or (ii) The claim was not presented on a Standard Form 95. (2) Contents. Every settlement agreement must contain language indicating payment is in full and final settlement of the applicable claim. Each settlement agreement shall contain language indicating acceptance of the settlement amount by the claimant, or his agent or legal representative, shall be final and conclusive on the claimant, or his agent or legal representative, and any other person on whose behalf or for whose benefit the claim has been presented, and shall constitute a complete release of any claim against the United States and against any employee of the Government whose conduct gave rise to the claim, by reason of the same subject matter. 28 CFR 14.10(b). In cases where partial payment will benefit both claimant and the Government, such as payment for property [[Page 400]] damage to an automobile, the settlement agreement shall be tailored to reflect the terms of the partial settlement. All settlement agreements shall contain a recitation of the applicable statutory limitation of attorneys fees. 28 U.S.C. 2678. (b) DON role in settlement negotiations involving the U.S. Attorney or DOJ. Agency concurrence is generally sought by the Department of Justice or U.S. Attorney's office prior to settlement of suits involving the DON. Requests for concurrence in settlement proposals shall be referred to the appropriate DON adjudicating authority with primary responsibility for monitoring the claim. Adjudicating authorities shall consult with the Judge Advocate General concerning proposed settlements beyond their adjudicating authority. (c) Payment of the claim--(1) Statutory authority. Pursuant to 28 U.S.C. 2672 and in accordance with 28 CFR 14.6(a), the Secretary of the Navy or designee, acting on behalf of the United States, may compromise or settle any claim filed against the Navy under the FTCA, provided any award, compromise, or settlement by the Navy in excess of $100,000.00 may be effected only with the prior written approval of the Attorney General or designee. Title 28 CFR 14.6 requires consultation with the Department of Justice prior to compromise or settlement of a claim in any amount when: (i) A new precedent or a new point of law is involved; (ii) A question of policy is or may be involved; (iii) The United States is or may be entitled to indemnity or contribution from a third party and the agency is unable to adjust the third party claim; (iv) The compromise of a particular claim, as a practical matter, will or may control the disposition of a related claim in which the amount to be paid may exceed $100,000.00; or (v) The DON is informed or is otherwise aware that the United States or an employee, agent, or cost-plus contractor of the United States is involved in litigation based on a claim arising out of the same incident or transaction. (2) Specific delegation and designation--(i) Payment authority. ------------------------------------------------------------------------ Delegated and designated authority Federal Tort Claims Act ------------------------------------------------------------------------ Judge Advocate General................... Unlimited. Deputy Judge Advocate General............ Unlimited. Assistant Judge Advocate General (General Unlimited. Law). Deputy Assistant Judge Advocate General $100,000.00. (Claims and Tort Litigation) and Deputy Division Director. Head, Federal Tort Claims Branch, Claims $50,000.00. and Tort Division, OJAG. Commanding Officers of Naval Legal $25,000.00. Service Offices; Officers in Charge of Naval Legal Service Office Detachments when Specifically Designated by Cognizant Commanding Officers of Naval Legal Service Offices. ------------------------------------------------------------------------ Any payment of over $100,000.00 must be approved by the Department of Justice. In addition, the authority to deny Federal Tort Claims is double the Federal Tort Claims Act approval authority shown above. The Judge Advocate General, the Deputy Judge Advocate General, the Assistant Judge Advocate General (General Law), and the Deputy Assistant Judge Advocate General (Claims and Tort Litigation) may deny Federal Tort Claims in any amount. (ii) Territorial responsibility. ------------------------------------------------------------------------ Responsible command Territory ------------------------------------------------------------------------ NAVLEGSVCOFF Newport...................... Maine, Vermont, New Hampshire, Massachusetts, Rhode Island, and Connecticut. NAVLEGSVCOFF Philadelphia................. Pennsylvania, New Jersey, Ohio, and New York. NAVLEGSVCOFF Washington, DC............... Maryland, the District of Columbia, and Northern Virginia area (zip 220- 223). NAVLEGSVCOFF Norfolk...................... Virginia (less Northern Virginia area--zip 220- 223), and West Virginia, North Carolina (counties of Currituck, Camden, Pasquotonk, Gates, Perquimans, Chowan, Dare, Tyrrell, Washington, Hyde, Beaufort, Pamlico, Craven, Jones, Carteret, and Onslow only), Bermuda, Iceland, Greenland, Azores, The Caribbean, The Republics of Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica, and Panama, Belize, Colombia, Venezuela, Guyana, French Guiana, Surinam, Brazil, Bolivia, Paraguay, Uruguay, Argentina, and all Atlantic and Arctic Ocean areas and islands not otherwise assigned. NAVLEGSVCOFF Charleston................... North Carolina (less counties of Currituck, Camden, Pasquotonk, Gates, Perquimans, Chowan, Dare, Tyrrell, Washington, Hyde, Beaufort, Pamlico, Craven, Jones, Carteret, Onslow), and Georgia (less Counties of Charlton, Camden, and Glynn). NAVLEGSVCOFF Jacksonville................. That portion of Florida east of the western boundaries of Gadsen, Liberty, and Franklin Counties and Georgia (counties of Charlton, Camden, and Glynn). [[Page 401]] NAVLEGSVCOFF Pensacola.................... Florida [Pensacola/Panama City area (zip 324-325)], Alabama, Louisiana and Mississippi (that portion south of Washington, Humphreys, Holmes, Attala, Winston, and Noxubee Counties, and that portion of the Gulf of Mexico East of longitude 90 W). NAVLEGSVCOFF Memphis...................... Missouri, Tennessee, Kentucky, Arkansas, and that portion of Mississippi north of the southern boundaries of Washington, Humphreys, Holmes, Attala, Winston, and Noxubee Counties. NAVLEGSVCOFF Great Lakes.................. North Dakota, South Dakota, Nebraska, Minnesota, Michigan, Iowa, Wisconsin, Illinois, and Indiana. NAVLEGSVCOFF Corpus Christi............... Texas. NAVLEGSVCOFF San Diego.................... California (Imperial County, San Diego County, and that area included in Marine Corps Base, Camp Pendleton extending into Orange County, only), that portion of Mexico including and West of the States of Chihuahua, Durango, Nayarit, Jalisoc, and Colima, Pacific Ocean areas and islands South of Latitude 45N and East of Longitude 135W, Ecuador, Peru, Chile, Arizona, New Mexico, Oklahoma, and Nevada (Clark County only). NAVLEGSVCOFF Long Beach................... That portion of California in Kern, Santa Barbara, Ventura, Los Angeles and Orange Counties (excluding Marine Corps Base, Camp Pendleton), Riverside, San Bernadino, and the China Lake Naval Weapons Station Center. NAVLEGSVCOFF San Francisco................ Northern California (Counties of San Luis Obispo, Kings, Tulare, Inyo, and all counties North thereof), Colorado, Nevada (less Clark County), Utah, and Kansas. NAVLEGSVCOFF Puget Sound.................. Washington, Oregon, Idaho, Montanta, Wyoming, and Alaska. NAVLEGSVCOFF Pearl Harbor................. Hawaii, including Midway and Pacific Island possessions serviced from Hawaii. NAVLEGSVCOFF Mayport...................... Claims involving commands located at Naval Station, Mayport, Florida. NAVLEGSVCOFF Guam......................... Guam, The Trust Territory of The Pacific Islands, The Republic of The Marshall Island, The Federated States of Micronesia and The Commonwealth of The Northern Marianas. NAVLEGSVCOFF Yokosuka..................... Japan, Okinawa, Korea, that portion of the Eurasian Continent North of latitude 30N and East of longitude 60E, and those Pacific and Arctic Ocean areas and islands North of latitude 30N that are East of longitude 60E and West of longitude 170w. NAVLEGSVCOFF Naples....................... Europe, the African Continent (excluding that portion thereof assigned to NLSO Subic Bay), the Eurasian Continent (excluding that portion thereof assigned to NLSO Yokosuka and NLSO Subic Bay), and the Mediterranean. NAVLEGSVCOFF Subic Bay.................... Philippines, Hong Kong, Singapore, Diego Garcia, and unless otherwise specified, all Pacific and Indian Ocean areas and islands located between longitude 135E and longitude 15E; Ethiopia, Somalia, Kenya, Tanzania, Mozambique, Swaziland, Lesotho, and South Africa; that portion of the Eurasian Continent South of latitude 30N and East of longitude 60E. ------------------------------------------------------------------------ (3) Funding. Claims approved for $2,500.00 or less are paid from DON appropriations. Claims approved in excess of $2,500.00 are paid from the judgment fund and must be forwarded to the United States General Accounting Office (GAO) for payment. 28 CFR 14.10(a). Claims arising out of the operation of nonappropriated-fund activities and approved for payment shall be forwarded to the appropriate nonappropriated-fund activity for payment.