6509.11h_30
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FOREST SERVICE HANDBOOK
SOUTHWESTERN REGION (REGION 3)
ALBUQUERQUE, NEW MEXICO
FSH 6509.11H - SERVICE-WIDE CLAIMS MANAGEMENT HANDBOOK
CHAPTER 30 - ADMINISTRATIVE CLAIMS AGAINST THE GOVERNMENT
Supplement No.: 6509.11h-93-3
Effective Date: May 3, 1993
Duration: This supplement is effective until superseded or removed.
Approved: LARRY HENSON
Regional Forester
Date Approved: 05/03/1993
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-93-2 to chapter 20.
New Document(s):
6509.11h_30
4 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
Digest:
Replaces and revises material in FSM 6570 and FSH 6509.11k, Chapter 70, and moves pertinent
direction to the new FSH 6509.11h, Service-wide Claims Management Handbook.
30 - Sets forth the authority of the Director of Fiscal and Public Safety and Forest Administrative
Officers to handle claims. Gives direction for processing tort claims against the Government.
R3 SUPPLEMENT 6509.11H-93-3
EFFECTIVE DATE: 05/03/1993
DURATION: This supplement is effective until superseded or removed
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FSH 6509.11H – SERVICE-WIDE CLAIMS MANAGEMENT HANDBOOK
CHAPTER 30 – ADMINISTRATIVE CLAIMS AGAINST THE GOVERNMENT
31.01 - Authority.
1. The Director of Fiscal and Public Safety (Regional Claims Officer), or acting, is
authorized to:
a. Settle claims under the following authorities:
(1) Refund of Monies Erroneously Collected (16 U.S.C. 499)
(2) Loss, Damage, or Destruction of Hired Equipment (16 U.S.C. 502), not to
exceed $2,500.
(3) Reward for Information Leading to Arrest and Conviction for Violating Laws
and Regulations (16 U.S.C. 599a).
(4) Damage to or Destruction of Private Party in Protection, Administration, and
Improvement of National Forests (16 U.S.C. 574), not to exceed $2,500.
(5) Youth Conservation Corps Enrollees Claims for Lost, Damaged, or Stolen
Property (16 U.S.C. 1701-1706).
(6) Senior Community Services Employment Program enrollees for loss or
damage to personal property (42 U.S.C. 3056).
(7) Reimbursement to Employees for Property Loss from Fire, Flood, or Other
Casualties, not to exceed $100 (Act of June 20, 1958)
b. Waive collection of erroneous payments for travel, transportation, and
relocation expenses and allowances, not to exceed $500 (Comp. Gen. B-197290,
February 25, 1986).
2. Forest Administrative Officers or actings are authorized to:
a. Settle claims from Youth Conservation Corps enrollees for lost stolen, or
damaged property, not to exceed $200.
b. Settle claims from Senior Community Service Employment Program enrollees
for loss or damage to personal property.
31.13 - Who May File a Claim.
5. Subrogated claims are filed by insurance companies or third parties to recover the
amount paid their insured. If claims are filed by the private party and the insurer, the joint award
may not be more than actual or estimated damage.
Comptroller General B-169469, May 5, 1970, states:
R3 SUPPLEMENT 6509.11H-93-3
EFFECTIVE DATE: 05/03/1993
DURATION: This supplement is effective until superseded or removed
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FSH 6509.11H – SERVICE-WIDE CLAIMS MANAGEMENT HANDBOOK
CHAPTER 30 – ADMINISTRATIVE CLAIMS AGAINST THE GOVERNMENT
. . . claims--arising in connection with a tort--of a private insurance policy holder and
his subrogee insurer, though presented separately, may not be considered as separate
and distinct claims, but rather must be regarded as interests in one and the same claim
for purpose of determining whether the administrative agency involved may make
payment under the Federal Tort Claims Act from its appropriations.
When a subrogated claim is filed by a third party, the claim must be supported by the following
documents:
a. Standard Form 95, Claim for Damage, Injury, or Death, for the total amount of
the claim and signed by the owner of the property or the individual with subrogation
rights.
b. A copy of the receipt of settlement by insurer to insured. This establishes the
third party's interest in the claim, and documents the amount claimed.
c. Subrogation of claim agreement to insurance company, including whether it
includes the deductible, signed by the owner of the property (insured). This
information may be included on the reverse of SF-95 (blocks 15 - 19).
31.2 - Processing Tort Claims Against the Government.
As soon as a claim is received, report it to the Regional Office for entry on the master log of tort
claims. Each unit will also maintain a log of claims received and record the date of the incident
giving rise to the claim, date of receipt of the claim, date the Regional Office was notified, date
the claim was forwarded to the Regional Office, and any other information needed by the Unit to
ensure that the claim is processed timely. Claims must be received by the Office of the General
Counsel no later than 4 months after they have been received by the Forest Service.
Claims for loss of use of property must include evidence that the party suffered legally provable
damages. Although no definite rules as to the sufficiency of evidence of loss can be laid down, it
is necessary to determine claimant's ordinary use, to establish that the claimant suffered actual
damages through loss of property use, and to determine whether there was any unnecessary delay
in having repairs made and the reasons for that delay. Claims for loss of use should be supported
by a receipted bill, or, if unpaid, by a bill certified by the creditor, covering use of rented
substitute equipment, if such expense forms the basis of the amount claimed.
31.21 - Date Stamp the Claim.
Date stamp all claims immediately upon receipt at each level of the agency. Keep the original
envelope in the claim file, as it may be used to substantiate an untimely submission when the
Statute of Limitations is at issue. Place date stamps and signatures of receiving individuals in the
margin or on the reverse of the form, so that no information is obliterated.
R3 SUPPLEMENT 6509.11H-93-3
EFFECTIVE DATE: 05/03/1993
DURATION: This supplement is effective until superseded or removed
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FSH 6509.11H – SERVICE-WIDE CLAIMS MANAGEMENT HANDBOOK
CHAPTER 30 – ADMINISTRATIVE CLAIMS AGAINST THE GOVERNMENT
31.23 - Insufficient Support.
When a claim is received and documentation outlined in 35 - Exhibit 01 is incomplete,
immediately attempt to obtain the missing documentation from the claimant. If the information
is not received within 30 days, forward the claim file to the Regional Claims Officer (Director of
Fiscal and Public Safety). Explain attempts to obtain the missing documentation.
31.26 - Region or Station Review.
The Regional Claims Officer will inform the claimant when the claim file is referred to the
Office of the General Counsel (OGC) for adjudication. The response to inquiries about the status
of the claim must be that all decisions come from the OGC.