Collapse to view only § 7802. Admiralty claims against the United States
- Definition
- § 7802. Admiralty claims against the United States
- § 7803. Admiralty claims by United States
- § 7804. Salvage claims by United States
- § 7806. Settlement or compromise: final and conclusive
Definition
In this chapter, the term “settle” means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or by disallowance.
(Aug. 10, 1956, ch. 1041, 70A Stat. 270, § 4801; Pub. L. 100–180, div. A, title XII, § 1231(19)(B), Dec. 4, 1987, 101 Stat. 1161; renumbered § 7801, Pub. L. 115–232, div. A, title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839.)
§ 7802. Admiralty claims against the United States
(a) The Secretary of the Army may settle or compromise an admiralty claim against the United States for—
(1) damage caused by a vessel of, or in the service of, the Department of the Army or by other property under the jurisdiction of the Department of the Army;
(2) compensation for towage and salvage service, including contract salvage, rendered to a vessel of, or in the service of, the Department of the Army or to other property under the jurisdiction of the Department of the Army; or
(3) damage caused by a maritime tort committed by any agent or employee of the Department of the Army or by property under the jurisdiction of the Department of the Army.
(b) If a claim under subsection (a) is settled or compromised for $500,000 or less, the Secretary of the Army may pay it. If it is settled or compromised for more than $500,000, he shall certify it to Congress.
(c) In any case where the amount to be paid is not more than $100,000, the Secretary of the Army may delegate his authority under subsection (a) to any person in the Department of the Army designated by him.
(Aug. 10, 1956, ch. 1041, 70A Stat. 271, § 4802; Pub. L. 89–67, July 7, 1965, 79 Stat. 212; Pub. L. 92–417, § 1(1), Aug. 29, 1972, 86 Stat. 654; Pub. L. 101–189, div. A, title XVI, § 1633, Nov. 29, 1989, 103 Stat. 1608; renumbered § 7802, Pub. L. 115–232, div. A, title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839.)
§ 7803. Admiralty claims by United States
(a) Under the direction of the Secretary of Defense, the Secretary of the Army may settle, or compromise, and receive payment of a claim by the United States for damage to property under the jurisdiction of the Department of the Army or property for which the Department has assumed an obligation to respond for damage, if—
(1) the claim is—
(A) of a kind that is within the admiralty jurisdiction of a district court of the United States; or
(B) for damage caused by a vessel or floating object; and
(2) the amount to be received by the United States is not more than $500,000.
(b) In exchange for payment of an amount found to be due the United States under subsection (a), the Secretary of the Army may execute a release of the claim on behalf of the United States. Amounts received under this section shall be covered into the Treasury.
(c) In any case where the amount to be received by the United States is not more than $100,000, the Secretary of the Army may delegate his authority under subsections (a) and (b) to any person in the Department of the Army designated by him.
(Aug. 10, 1956, ch. 1041, 70A Stat. 271, § 4803; Pub. L. 89–67, July 7, 1965, 79 Stat. 212; Pub. L. 101–189, div. A, title XVI, § 1633, Nov. 29, 1989, 103 Stat. 1608; renumbered § 7803, Pub. L. 115–232, div. A, title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839.)
§ 7804. Salvage claims by United States
(a) The Secretary of the Army may settle, or compromise, and receive payment of a claim by the United States for salvage services performed by the Department of the Army. Amounts received under this section shall be covered into the Treasury.
(b) In any case where the amount to be received by the United States is not more than $10,000, the Secretary of the Army may delegate his authority under subsection (a) to any person designated by him.
(Aug. 10, 1956, ch. 1041, 70A Stat. 271, § 4804; Pub. L. 92–417, § 1(3), Aug. 29, 1972, 86 Stat. 654; renumbered § 7804, Pub. L. 115–232, div. A, title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839.)
§ 7806. Settlement or compromise: final and conclusive
Notwithstanding any other provision of law, upon acceptance of payment the settlement or compromise of a claim under section 7802 or 7803 of this title is final and conclusive.
(Aug. 10, 1956, ch. 1041, 70A Stat. 272, § 4806; renumbered § 7806 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(d), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840.)