6509.11h_20_21
Page 1 of 4
FOREST SERVICE HANDBOOK
SOUTHWESTERN REGION (REGION 3)
ALBUQUERQUE, NEW MEXICO
FSH 6509.11H - SERVICE-WIDE CLAIMS MANAGEMENT HANDBOOK
CHAPTER 20 - ADMINISTRATIVE CLAIMS FOR THE GOVERNMENT
Supplement No.: 6509.11h-94-1
Effective Date: December 5, 1994
Duration: This supplement is effective until superseded or removed.
Approved: CHARLES W. CARTWRIGHT, JR.
Regional Forester
Date Approved: 12/05/1994
Posting Instructions: Supplements are numbered consecutively by Handbook number and
calendar year. Post by document; remove the entire document and replace with this supplement.
Retain this transmittal as the first page(s) of this document. The last supplement to this
Handbook was 6509.11h-93-6 to chapter 10.
New Document(s):
6509.11h_20_21
4 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
6509.11h_20
5 Pages
Digest:
Standardizes Regional document name of directive to match Washington Office document name.
No substantive changes to directive text.
21.04 - Responsibility.
1. The Director of Fiscal and Accounting Services (Regional Claims Officer) has
responsibility and authority to:
R3 SUPPLEMENT 6509.11H-94-1
EFFECTIVE DATE: 12/05/1994
DURATION: This supplement is effective until superseded or removed
6509.11h_20_21
Page 2 of 4
FSH 6509.11H – SERVICE-WIDE CLAIMS MANAGEMENT HANDBOOK
CHAPTER 20 – ADMINISTRATIVE CLAIMS FOR THE GOVERNMENT
a. Compromise, terminate, or suspend collection action on any claim of the
United States not exceeding $100,000, exclusive of interest, administrative costs,
and penalties, subject to provisions of Title 4, Code of Federal Regulations, Parts
103 and 104.
b. Issue letters of demand and accept full payment in settlement of claims of the
United States.
2. Forest Administrative Officers have responsibility and authority to:
a. Issue letters of demand and accept full payment in settlement of claims of the
United States in any amount.
b. Compromise, terminate, or suspend collection actions on claims not exceeding
$25,000, exclusive of interest, administrative costs, and penalties, subject to
provisions of 4 CFR Parts 103 and 104. Reasons for compromise, suspension, or
termination must be fully documented and filed in the case folder.
21 - TORT CLAIMS AND TRESPASS CLAIMS FOR THE GOVERNMENT.
21.1 - Determining Claim Amount.
21.11 - Tort Claims for the Government.
21.11c - Fire Suppression Costs.
Take action to recover suppression costs for person-caused fires that originate on private land
when fire threatens National Forest System lands. Include those fires that are confined to private
land, as well as those that spread to National Forest System lands.
When a person-caused fire originates on State (Arizona or New Mexico) or private land and
spreads to National Forest System lands, the State reimburses the Forest Service for its prorated
share of suppression cost, in accordance with the Arizona or New Mexico Joint Powers
Agreement. If the fire was person-caused, the Forest Service determines the amount of its costs
not reimbursed by the State and initiates a claim for that amount against the violator who caused
the fire. If the fire was entirely on State or private land, the State reimburses the Forest Service,
and the Forest Service will not have a claim against the violator.
Issue billing to recover fire-suppression costs as a result of cooperative services provided or fire
trespass billings as soon as possible after suppression action is completed. Joint Powers
Agreements with the States of New Mexico and Arizona provides that the Forest Service give
itemized statements of costs covering all reimbursable expenses within 120 days of declaration
that the fire is out. It is important to meet this time limit, and special effort is needed in June to
provide States with costs prior to the end of their fiscal year.
R3 SUPPLEMENT 6509.11H-94-1
EFFECTIVE DATE: 12/05/1994
DURATION: This supplement is effective until superseded or removed
6509.11h_20_21
Page 3 of 4
FSH 6509.11H – SERVICE-WIDE CLAIMS MANAGEMENT HANDBOOK
CHAPTER 20 – ADMINISTRATIVE CLAIMS FOR THE GOVERNMENT
21.12 - Trespass Claims for the Government.
1. Grazing Permits. If a claim results from a violation of a grazing permit (for example,
excess grazing), the Forest Supervisor initiates the claim for damages. Settle these claims under
the provisions of the permit, regardless of the amount. Unauthorized grazing by other than a
permittee should be treated as a functional violation under the Federal Claims Collection Act.
21.2 - Initiating Collections.
21.21 - Initial and Follow-up Billings.
21.21a - Initial Demand Letter and Bill for Collection.
When it is not possible to determine immediately amounts due, such as in trespass cases, follow
direction in FSM 6533 for issuing partial billings.
21.21b - Claims for Minimal Amounts.
Except for nonpayment of continuing use permits, such as grazing and special use permits, do
not pursue collection of claims in amounts less than $50.
Termination of collection action must be reviewed and approved by official delegated
termination authority by the Forest Administrative Officer. This review and approval must be
documented. A note on the face of the Bill for Collection is sufficient if signed by the authorized
official.
21.21f - Legal Basis of the Indebtedness.
In all cases involving juveniles and in any case where there is question of liability, request advice
from the Office of General Counsel (OGC) through Fiscal and Accounting Services (F&AS)
before sending a demand letter.
1. State Tort Law/Comparative Negligence. Both Arizona and New Mexico have
adopted the comparative negligence doctrine. When a private individual denies liability for
damages to Government property and demands reimbursement for damages, request an executed
Form SF-95, Claim for Damage, Injury, or Death, and supporting documentation. Upon receipt
of these documents, the Forest refers the claim to F&AS with a recommendation that settlement
on the basis of comparative negligence be made. Include in the Forest's transmittal letter a
discussion of each party's contributing negligence.
R3 SUPPLEMENT 6509.11H-94-1
EFFECTIVE DATE: 12/05/1994
DURATION: This supplement is effective until superseded or removed
6509.11h_20_21
Page 4 of 4
FSH 6509.11H – SERVICE-WIDE CLAIMS MANAGEMENT HANDBOOK
CHAPTER 20 – ADMINISTRATIVE CLAIMS FOR THE GOVERNMENT
21.21g - Demand Upon a Debtor Charged with a Crime.
1. Restitution Versus Collection. When the U.S. Magistrate or other judicial authority
orders the violator, as a condition of sentence, to make restitution to the United States for
damages caused, the Forest shall take the following actions:
a. Contact the Forest law enforcement officer for a copy of or terms of the
ordered restitution, which should include the amount to be paid and where
payments are to be made.
b. Prepare a Form FS-6500-89, Bill for Collection, for full amount of ordered
restitution. Do not mail this billing or any revised billings to the violator unless
requested to do so by judicial authority. The original billing must be filed in the
file designation 6570 case folder.
c. As payments are received, prepare a revised Form FS-6500-89 to reflect the
current principal amount owed and to keep accounts receivable records current.
d. If restitution is made by the violator directly to the judicial authority, funds
should be transferred to the Forest Service.
e. If payment is made directly to the Forest Service, Forests must notify the
judicial authority when full payment is received, or when a payment becomes
delinquent.