[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: 32CFR752.4]

[Page 441-442]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 752_ADMIRALTY CLAIMS--Table of Contents
 
Sec. 752.4  Affirmative claims.

    (a) Settlement authority. The Navy has the same authority to settle 
affirmative admiralty claims as it does claims against the Navy. The 
statute conferring this authorization is codified in 10 U.S.C. 7623, and 
is the reciprocal of 10 U.S.C. 7622 referred to in Sec. 752.3.
    (b) Scope. 10 U.S.C. 7623 is a tort claims-settlement statute. It is 
not limited to affirmative claims arising out of collision, but embraces 
all instances of damage caused by a vessel or floating object to 
property of the United States under the jurisdiction of the Department 
of the Navy. Perhaps the most frequent instance is where a privately 
owned vessel damages a Navy pier or shore structure. To eliminate any 
issue of whether the damaging instrumentality was a vessel, the words 
``or floating object'' were included.
    (c) Statute of limitation. The United States is subject to a three-
year statute of limitation when it asserts an affirmative claim for 
money damages grounded in tort. This limitation is subject to the usual 
exclusions, such as inability to prosecute due to war, unavailability of 
the ``res'' or defendant, and certain exemptions from legal process (28 
U.S.C. 2415, 2416).
    (d) Litigation. 10 U.S.C. 7623 does not apply to any claim where 
suit is filed. If the Admiralty and Maritime Law Division is unable to 
effect settlement, the matter is referred to the Department of Justice 
for the filing of a complaint against the offending party. Thereafter, 
as in the case of adverse

[[Page 442]]

litigated claims, the Navy has no further authority to effect 
settlement.

[39 FR 9962, Mar. 15, 1974, as amended at 55 FR 12174, Apr. 2, 1990; 65 
FR 60861, Oct. 13, 2000; 69 FR 20542, Apr. 16, 2004]