[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: 33CFR211.16]



[Page 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.  211.16  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.