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5-2.000 |
USAM SECTION | TYPE AND SCOPE OF APPROVAL | WHO MUST APPROVE | COMMENTS
5-1.302
| Filing complaints, stipulations, agreements for entry of judgment, or
dismissals in all civil cases where the United States is a plaintiff, other
than direct referral cases and specific cases or classes of cases that the
Attorney General (AG) exempts from this Requirement, arising from matters in
the litigating sections.
| Assistant Attorney General (AAG), Environment and
Natural Resources Division (ENRD)
| Written approval required.
| 5-1.321
| Indictment of certain cases involving laws within the jurisdiction of
ENRD
| AAG, ENRD
| Written approval required. In an emergency, a telephone
request is acceptable.
| 5-5.112
| Entering into a stipulation concluding the substantive rights of the
Unites
States or consent to entry of judgment is required in all nondirect
referral
matters and in the following direct referral matters: Wildlife
import,
export, Airborne Hunting Act, Bald and Golden Eagle Protection Act, Wild
Horses and Burros Act.
| ENRD
|
| 5-5.125
| Filing a separate action in suits against federal agencies, or federal
employees acting in their official
capacity, if a basis for a counterclaim exists.
| AAG, ENRD
|
| 5-5.210
| Certain claims or cases within the are a of responsibility of
ENRD may not be compromised, closed or
dismissed.
| AAG, Deputy Assistant Attorney General, (DAAG), Section Chief, or Deputy
Section Chief, ENRD
| See USAM 5-5.230
| 5-5.230
| Accept or reject offers in compromise in land and condemnation cases in
which the amount of the
proposed settlement exceeds $1,000,000.
| AAG, ENRD
| ENRD Directive No. 16-99 (See USAM
5-1.300)
| 5-6.112
| Initiate, other than at the request of EPA or the Army Corps of
Engineers, a civil action under Sections 10
or 13 of the Rivers and Harbors Act. Exception: Temporary Restraining Orders
(TROs) if there is a
public health emergency.
| AAG, ENRD
| See USAM 5-6.310 and 5-6.521.
| 5-6.321
| Initiate certain cases under the supervision of the Environmental
Defense Section; and, other than at the request of EPA or the Army Corps of
Engineers, initiate civil enforcement actions involving the dredging or
filling or alteration of the navigable waters of the United States or their
tributaries.
| AAG, ENRD
| 33 U.S.C. §§ 1311 and 1344. See USAM 5-6.112 and 5-6.310
| 5-7.321
| Initiate certain cases under the supervision of the General Litigation
Section.
| AAG, ENRD
| Exception: See USAM 5-1.310; ENRD
Directive No. 16-99.
| 5-7.600
| Initiate, settle or compromise any claim or case under the supervision
of the General Litigation Section,
except direct referral cases.
| AG
| Written request required. See ENRD Directive No. 16-99; USAM 5-1.310 and
5-6.630
| 5-8.620
| Settle or dismiss ENRD cases on appeal.
| AAG or DAAG, ENRD, or appropriate ENRD trial section
|
| 5-9.321
| Initiate, settle or compromise certain cases under the supervision of
the Policy, Legislation and Special
Litigation Section.
| AAG, ENRD
| Written approval required. See USAM
5-5.230.
| 5-10.310
| Initiate actions against foreign vessels and foreign fisherman under the
Magnuson-Stevens Fishery
Conservation and Management Act.
| Wildlife and Marine Resources Section, ENRD
| See 16 U.S.C. § 1801.
| 5-10.321
| Initiate, settle or compromise certain cases under the supervision of
the Wildlife and Marine Resource
Section.
| ENRD
| Exceptions: See USAM 5-10.310.
See also USAM 5-5.230
| 5-12.121
| Amend a complaint which has been approved and signed by the AAG
| Chief, Environmental Enforcement Section, ENRD
|
| 5-14.310
| Initiate cases under the supervision of the Indian Resources Section,
except cases referred by a direct
request from a field officer of an agency regarding: 1) Action to recover
possession of property from
tenants, trespassers and others, and actions to enjoin trespassers on Indian
land if the damages do not
exceed $1,000,000; 2) Actions to collect delinquent operation and
maintenance charges accruing on
Indian irrigation projects of not more than $1,000,000; and, 3) Actions to
collect damages resulting from
the default on a contract to remove timber from Indian lands, providing such
damages do not exceed
$1,000,000.
| AAG, ENRD
| Title 25, U.S.C. | Authorization required under USAM 5-14.300 et seq.; ENRD Directive No. 16-99. 5-15.321
| Settlements of land acquisition cases in excess of $1,000,000 or when :
1) The compromise of the claim
will control or adversely influence the disposition of claims totaling in
excess of $1,000,000; and, 2) The
revestment under 40 U.S.C. Sec. 285f of any land or improvements or any
interests in land is involved.
| ENRD
|
| 5-15.526
| Application for a citation in contempt under Rule 70, Fed. R. Civ. P.,
in certain environmental cases.
| ENRD.
|
| 5-15.543
| Altering pleadings to modify or change the estate being condemned or the
description of the property.
| ENRD
|
| 5-15.544
| The exclusion of property acquired by declaration of taking, or for
entering into stipulations for the exclusion of property of high value.
| ENRD
| See USAM 5-15.544 Subsection A.
| 5-15.550
| Waiver of jury trials in cases in the major-tract program.
| ENRD
|
| 5-15.600; 5-15.640
| Unless the United States Attorney is given settlement authority, no
cases under the jurisdiction of the
Land Acquisition Section may be settled or dismissed.
| AG or as delegated
| See ENRD Directive No. 16-99; USAM
5-15.620 and
5-15.630
| 5-15.631; 5-15.640
| Settlement of land acquisition cases otherwise authorized when: 1)
Settlement exceeds $1,000,000, or the
compromise of the claim will control or adversely influence the disposition
of another claim totaling
more than $1,000,000, and 2) The agencies involved oppose the proposed
closing or dismissal of the case
or acceptance or rejection of the offer in compromise.
| AAG, ENRD
| ENRD Directive No. 16-99.
| 5-15.650
| Dismissal of condemnation cases as to any of the land included in the
instructions to condemn, or to
change the interest or estate to be acquired.
| ENRD
|
| |
[updated October 2001] |