[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR211.15]



[Page 188-189]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 211_REAL ESTATE ACTIVITIES OF THE CORPS OF ENGINEERS IN CONNECTION 

WITH CIVIL WORKS PROJECTS--Table of Contents

 

Sec.  211.15  Statutory provisions.



    (a) All claims and demands whatever against the Government, unless 

there is some special authority for the settlement thereof by the 

department concerned, shall be settled and adjusted in the General 

Accounting Office (see R.S., sec. 236, as amended by act of June 10, 

1921, 42 Stat. 24; 31 U.S.C. 71).

    (b) Meritorious Claims Act. When there is filed in the General 

Accounting Office a claim or demand against the United States that may 

not lawfully be adjusted by the use of an appropriation theretofore 

made, but which claim or demand in the judgment of the Comptroller 

General of the United States contains such elements of legal liability 

or equity as to be deserving of the consideration of the Congress, he 

shall submit the same to the Congress, by a special report containing 

the material facts and his recommendations thereon (act of April 10, 

1928; c. 334, 45 Stat. 413; 31 U.S.C. 236).

    (c) Limitations of time on claims and demands under (a) and (b) of 

this section. The act of October 9, 1940 (54 Stat. 1061; 31 U.S.C. 71a) 

provides that every claim or demand (except a claim or demand by any 

State, Territory, possession or the District of Columbia) against the 

United States cognizable by the General Accounting Office under the act 

of June 10, 1921, and the act of April 10, 1928, will be forever barred 

unless such claim, bearing the signature and address of the claimant or 

of an authorized agent or attorney, will be received in said office 

within ten full years after the date such claim first accrued: Provided, 

however, That when such a claim of any person serving in the military or 

naval forces of the United States accrues in time of war, or when war 

intervenes within five years after its accrual, such claim may be 

presented within five years after peace is established. The act further 

provides that whenever any claim barred by the preceding provision will 

be received in the General Accounting Office, it will be returned to the 

claimant, with a copy of this act (act of October 9, 1940) and such 

action will be a complete response without further communication.

    (d) Domestic Claims Act. The act of July 3, 1943 (57 Stat. 372; 31 

U.S.C. 223b, 223c) as amended by the act of May 29, 1945 (Pub. L. 67, 

79th Congress) and as further amended by the act of June 28, 1946 (Pub. 

L. 466, 79th Congress), provides for the payment of claims arising on or 

after May 27, 1941, for damage to or loss or destruction of property, 

real or personal, caused by military personnel or civilian employees of 

the Department of the Army or of the Army while acting within the scope 

of their employment or otherwise incident to noncombat activities of the 

Department of the Army or of the Army, including claims for damages to 

real property incident to the use and occupation thereof, whether under 

a lease, express or implied, or otherwise, and including claims of the 

foregoing categories arising out of civil works, provided they do not 

exceed $1,000. The act



[[Page 189]]



further provides that the damage to or loss or destruction of property 

shall not have been caused in whole or in part by any negligence or 

wrongful act on the part of the claimant, his agent or employee; that no 

claim shall be settled under the act unless presented in writing within 

one year after the incident out of which such claim arises shall have 

occurred except that if the incident occurs in time of war, or if war 

intervenes within one year after its occurrence, any claim may, on good 

cause shown, be presented within one year after peace is established. 

The Secretary of the Army is authorized to report such claims as exceed 

$1,000 to Congress for its consideration.