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| USAM SECTION | TYPE AND SCOPE OF APPROVAL | WHO MUST APPROVE | COMMENTS |
|---|---|---|---|
| 5-1.302 | Filing complaints, or stipulations or 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 the Attorney General exempts from this Requirement, arising from matters in the litigating sections. | Assistant Attorney General, Environment & Natural Resources Division | Written approval required. |
| 5-1.321 | Indictment of certain cases involving laws within the jurisdiction of the Environment Division. | AAG, Environment & Natural Resources Division | Written approval required. In an emergency, a telephone request is acceptable. See USAM 5-1.302. |
| 5-5.112 | Entering into a stipulation concluding the substantive rights of the United 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 import, export, Airborne Hunting Act, Bald and Golden Eagle Protection Act, and Wild Horses and Burros Act. | Environment and Natural Resources Division | |
| 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. | Assistant Attorney General, Environment & Natural Resources Division | |
| 5-5.210 | Certain claims or cases within the area of responsibility of the Environment Division may not be compromised, closed or dismissed. | Assistant Attorney Generalor Section Chief, Environment & Natural Resources Division | 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. | Assistant Attorney General, Environment & Natural Resources Division | Environment & Natural Resources Dir. No. 16-99 |
| 5-6.112 | Initiate, other than at the request of EPA or Army Corps, a civil action under Section 10 or Section 13 of the River and Harbors Act. Exception: TROs if a public health emergency. | Assistant Attorney General, Environment & Natural Resources Division | See USAM 5-6.310,6.520. |
| 5-6.321 | Initiate certain cases under the supervision of the Environmental Defense Section; and, other than at the request of EPA or Army Corps, initiate civil enforcement actions involving the dredging or filling or alteration of the navigable waters of the United States or their tributaries. | Assistant Attorney General, Environment & Natural Resources Division | 33 U.S.C. § 1311, 1344. See USAM 5-6.112,5-6.310. |
| 5-7.321 | Initiate certain cases under the supervision of the General Litigation Section. | See above. | Exceptions, see USAM 5-1.310;Environment & Natural Resources Dir. 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. | Attorney General | Written request required. Environment & Natural Resources Dir. No. 16-99. See USAM 5-1.310 - 5-7.630. |
| 5-8.620 | Settle or dismiss Environment & Natural Resources Division cases on appeal. | Assistant Attorney General, Deputy Assistant Attorney General, Environment & Natural Resources Division, or appropriate division trial section, Environment Division | |
| 5-9.321 | Initiate, settle or compromise certain cases under the supervision of the Policy, Legislation and Special Litigation Section. | Assistant Attorney General, Environment & Natural Resources Division | Written approval required. See USAM 5-5.230. |
| 5-10.310 | Initiate actions against foreign vessels and foreign fishermen under the Magnuson Fishery Conservation and Management Act. | Wildlife and Marine Resources Section, Environment & Natural Resources Division | See 16 U.S.C. § 1801. |
| 5-10.321 | Initiate, settle or compromise certain cases under the supervision of the Wildlife and Marine Resources Section. | Environment & Natural Resources Division | 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 Assistant Attorney General. | Chief, Environmental Enforcement Section, Environment & Natural Resources Division | |
| 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. | Assistant Attorney General, Environment & Natural Resources Division | Title 25 U.S.C. Authorization required under USAM 14.300 et se Environment and Natural Resources Dir. 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. | Environment & Natural Resources Division | |
| 5-15.526 | Application for a citation in contempt under Rule 70, Fed. R. Civ. P., in certain environmental cases. | Environment & Natural Resources Division | |
| 5-15.543 | Altering pleadings to modify or change the estate being condemned or description of the property. | Environment & Natural Resources Division | |
| 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. | Environment & Natural Resources Division | See USAM 5-15.544, Subsection A. |
| 5-15.550 | Waiver of jury trials in cases in the major- tract program. | Environment & Natural Resources Division | |
| 5-15.600;640 | Unless the United StateAttorney is given settlement authority, no cases under the jurisdiction of the Land Acquisition Section may be settled or dismissed. | Attorney General or as delegated | Environment & Natural Resources Dir. No. 16-99. See USAM 5-15.620; .630 |
| 5-15.631;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 adversely influence the disposition of another claimtotaling more than $1,000,000; and 2) The agencies involvedoppose the proposed closing or dismissal of the case or acceptance or rejection of the offer in compromise. | Assistant Attorney General, Environment & Natural Resources Division | Environment & Natural Resources Dir. 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. | Environment & Natural Resources Division |
| October 1999 | USAM Chapter 5-2 |
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