§832k — Title 16 Conservation | U.S. Code

Summary

The Administrator can decide, settle, and pay written claims against the United States up to $1,000. The claim must be filed within one year after it happened. These claims cover losses, injuries, damage to property, or death caused by employees doing their jobs under this law. The Administrator can also settle claims the United States has against others when property under the Administrator’s control is damaged. The Administrator’s settlements are final, and when private property is harmed the Administrator may choose to fix it instead of paying money. The Administrator may bring or defend lawsuits in the name of the United States to carry out this law. The Attorney General will supervise. U.S. attorneys for the district where the case arises, or other lawyers the Attorney General picks, will handle the cases together with the Administrator’s regular lawyers.

Title 16, §832k

Conservation — Source: USLM XML via OLRC

(a)The Administrator is authorized to determine, settle, compromise, and pay claims and demands against the United States which are not in excess of $1,000 and are presented to the Administrator in writing within one year from the date of accrual thereof, for any losses, injuries, or damages to persons or property, or for the death of persons, resulting from acts or omissions of employees acting within the scope of their employment pursuant to this chapter. The Administrator is also authorized to determine, compromise, and settle any claims and demands of the United States for any losses, injuries, or damages to property under the Administrator’s control, against other persons or public or private corporations. The Administrator’s determination, compromise, settlement, or payment of any of the claims referred to in this subsection shall be final and conclusive upon all officers of the Government, notwithstanding the provisions of any other Act to the contrary. When claims presented to the Administrator under this subsection arise, in whole or in part, out of any damage done to private property, the Administrator may repair all or any part of such damage in lieu of making such payments.

(b)The Administrator may, in the name of the United States, under the supervision of the Attorney General, bring such suits at law or in equity as in his judgment may be necessary to carry out the purposes of this chapter; and he shall be represented in the prosecution and defense of all litigation, affecting the status or operation of Bonneville project by the United States attorneys for the districts, respectively, in which such litigation may arise, or by such attorney or attorneys as the Attorney General may designate as authorized by law, in conjunction with the regularly employed attorneys of the Administrator.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1946—Subsec. (b). Act July 26, 1946, took from the Administrator the authority to make settlement of suits. 1945—Act Oct. 23, 1945, added subsec. (a), designated existing provisions as subsec. (b), and amended such provisions generally.

Statutory Notes and Related Subsidiaries

Transfer of Functions

Functions of Secretary of the Interior with respect to Bonneville Power Administration transferred to Secretary of Energy by section 7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with Bonneville Power Administration to be preserved as a distinct organizational entity within Department of Energy and headed by an Administrator.

§832k Authority of Administrator