cluding provisions designed to assure that no Federal financial assistance will thereafter be extended under such program to the applicant or recipient determined by such decision to be in default in its performance of an assurance given by it pursuant to this part, or to have otherwise failed to comply with this part, unless and until it corrects its noncompliance and satisfies the Commandant that it will fully comply with this part. § 24.45 Judicial review.

Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. § 24.50 Effect on other regulations; forms and instructions.

(a) Effect on other regulations. All regulations, orders, or like directions heretofore issued by any officer of the Coast Guard, or by the Secretary, which impose requirements designed to prohibit any discrimination against individuals on the ground of race, color, or national origin under any program to which this part applies, and which authorizes the suspension or termination of or refusal to grant or to continue Federal financial assistance to any applicant for or recipient of such assistance under such program for failure to comply with such requirements, are hereby superseded to the extent that such discrimination is prohibited by this part, except that nothing in this part shall be deemed to relieve any person of any obligation assumed or imposed under any such superseded regulation, order, instruction, or like direction prior to the effective date of this part. Nothing in this part, however, shall be deemed to supersede any of the following (including future amendments thereof): (1) Executive Orders 10925 and 11114 and regulations issued thereunder, or (2) any other regulations or instructions insofar as such regulations, or instructions prohibit discrimination on the ground of race, color, or national origin in any program or situation to which this part is inapplicable, or prohibit discrimination on any other ground.

(b) Forms and instructions. The Commandant shall issue and promptly make available to interested persons forms and detailed instructions and procedures for effectuating this part as applied to programs to which this part applies and for which he is responsible.

(c) Supervision and coordination. The Secretary may from time to time assign

to officials of other departments or agencies of the Government with the consent of such departments or agencies, responsibilities in connection with the effectuation of the purposes of title VI of the Act and this part (other than responsibility for final decision as provided in § 24.40), including the achievement of effective coordination and maximum uniformity within the Executive Branch of the Government in the application of title VI and this part to similar programs and in similar situations.

§ 24.55

Definitions.

As used in this part

(a) The term "Secretary" means the Secretary of the department in which the Coast Guard is operating.

(b) The term "Commandant" means the Commandant of the Coast Guard.

(c) The term "United States" means the States of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and the territories and possessions of the United States, and the term "State" means any one of the foregoing.

(d) The term "Federal financial assistance" includes (1) grants and loans of Federal funds, (2) the grant or donation of Federal property and interests in property, (3) the detail of Federal personnel, (4) the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient, and (5) any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance.

(e) The term "program" includes any program, project, or activity for the provision of services, financial aid, or other benefits to individuals (including education or training, health, welfare, rehabilitation, housing, or other services, whether provided through employees of the recipient of Federal financial assistance or provided by others through contracts or other arrangements with the recipient, and including cash or loan or other assistance to individuals), or for the provision of facilities for furnishing services, financial aid or other benefits to individuals. The services, financial

aid, or other benefits provided under a program receiving Federal financial assistance shall be deemed to include any services, financial aid, or other benefits provided with the aid of Federal financial assistance or with the aid of any non-Federal funds, property, or other resources required to be expended or made available for the program to meet matching requirements or other conditions which must be met in order to receive the Federal financial assistance, and to include any services, financial aid, or other benefits provided in or through a facility provided with the aid of Federal financial assistance or such nonFederal resources.

(f) The term "facility" includes all or any portion of structures, equipment, or other real or personal property or interests therein, and the provision of facilities includes the construction, expansion, renovation, remodeling, alteration or acquisition of facilities.

(g) The term "recipient" means any State, political subdivision of any State, or instrumentality of any State or political subdivision, any public or private agency, institution, or organization, or other entity, or any individual, in any State, to whom Federal financial assistance is extended. directly or through another recipient, for any program, including any successor, assign, or transferee thereof, but such term does not include any ultimate beneficiary under any such program.

(h) The term "primary recipient" means any recipient which is authorized or required to extend Federal financial assistance to another recipient for the purpose of carrying out a program.

(i) The term "applicant" means one who submits an application, request, or plan required to be approved by the Commandant or by a primary recipient, as a condition to eligibility for Federal financial assistance, and the term "application" means such an application, request, or plan.

§ 24.60 Programs to which this part applies.

(a) Lease of real property and the grant of permits, licenses, easements and rights of way covering real property under control of the Coast Guard, 14 U.S.C. 93 (n) and (o).

(b) Utilization of Coast Guard personnel and facilities to assist any State, Territory, Possession, or political subdivision thereof, 14 U.S.C. 141(a).

(c) Detail of Coast Guard personnel for duty in connection with maritime instruction and training by the States, Territories, and Puerto Rico, 14 U.S.C. 148.

(d) Disposal of obsolete and other Coast Guard material to sea scout service of Boy Scouts of America, any incorporated unit of the Coast Guard Auxiliary, and public body or private organization not organized for profit, 14 U.S.C. 641(a).

(e) Grants for the support of basic scientific research to nonprofit institutions of higher education and nonprofit organizations whose primary purpose is conduct of scientific research, 42 U.S.C. 1891.

25.369

25.371 25.373

Damage to aid to navigation.
Destruction of aid to navigation.

Displacement of aid to navigation.
Repair or replacement.

Elements of cost.

Settlement authority.

Disposition of payments.

AUTHORITY: The provisions of this Part 25 issued under secs. 2, 3, 80 Stat. 308, 309, secs. 633, 642, 647, 63 Stat. 545, 547, 549; sec. 16, 30 Stat. 1153, sec. 6(b) (1), 80 Stat. 937; 31 U.S.C. 951, 952, 14 U.S.C. 633, 642, 647, 33 U.S.C. 412, 49 U.S.C. 1655 (b)(1); 49 CFR 1.4(a) (2), 89.1(b).

SOURCE: The provisions of this Part 25 contained in CGFR 70-7, 35 F.R. 4045, Mar. 4, 1970, unless otherwise noted.

Subpart A-B-[Reserved]

Subpart C-Claims in Favor of the United States

IMPLEMENTATION OF FEDERAL CLAIMS COLLECTION ACT (31 U.S.C. 951-953)

§ 25.301 Delegations of authority.

(a) The functions, powers, and duties of the Commandant, U.S. Coast Guard to attempt collection of claims of the United States arising out of the activities of the Coast Guard, or referred to him, and to compromise, suspend, or terminate action to collect those claims not exceeding $20,000 are delegated to the Chief Counsel, U.S. Coast Guard with respect to claims arising out of the activities or responsibilities of his office, or referred to him.

(b) The functions, powers, and duties of the Commandant, U.S. Coast Guard to attempt collection of claims of the United States arising out of the activities of the Coast Guard, or referred to him, and to compromise, suspend, or terminate action to collect those claims not exceeding $5,000 are delegated to

(1) The Comptroller, U.S. Coast Guard, with respect to claims arising out of the activities under his cognizance or referred to him.

(2) The Commander of each Coast Guard District with respect to claims arising out of the activities of his command, or referred to him, except authority to compromise, suspend, or terminate action to collect, claims arising out of erroneous payments or overpayments of military pay and allowances.

(3) The Commanding Officer of each Headquarters Unit having a permanent legal officer billet, with respect to claims arising out of the activities of his command, or referred to him, except authority to compromise, suspend, or terminate action to collect, claims arising out of erroneous payments of overpayments of military pay and allowances.

(b) Any claim against a nonappropriated fund activity which is an instrumentality of the United States except where the activity carries insurance to cover the type of damage caused.

(c) Any claim against a foreign government unless specifically authorized by the Commandant.

(d) Any claim involving an adjustment for unused passenger transportation services.

(e) Any claim against a civilian employee as a result of an erroneous payment or overpayment of pay.

(f) Any claim listed in 49 CFR 89.3. § 25.305 Redelegation.

The Chief Counsel and Comptroller may respectively redelegate the authority delegated to them under § 25.301 to any officer not below the level of division chief in their offices. The Commander of each Coast Guard District may redelegate the authority delegated to him under § 25.301 to his chief of staff or legal officer. The Commanding Officer of a Headquarters Unit may redelegate the authority delegated to him under § 25.301 to his executive officer or legal officer. Further redelegation is not authorized. § 25.307 Standards for exercise of delegated authority.

Each officer to whom authority is delegated under this subpart shall exercise that authority in accordance with the standards for the collection and compromise of claims and for the suspension and termination of action to collect claims promulgated by the U.S. General Accounting Office and U.S. Department of Justice, and published at 4 CFR, Chapter II.

§ 25.309 Aggressive claims collection action.

Each officer to whom authority is delegated under this subpart shall take aggressive action on a timely basis, with effective followup to collect each claim in favor of the United States arising out of the activities of, or referred to, the Coast Guard in accordance with the standards for the exercise of delegated authority in § 25.307. However, a claim of less than $50 need not be asserted or otherwise processed unless the circumstances indicate that collection is economically feasible (e.g., a case of clear liability and insurance coverage) or desirable in the best interests of the United States. For record purposes, a claim of less than $50 which is not eco

A debtor's total liability to the United States arising from a particular incident is considered as a single claim in determining whether the claim is within the authority delegated under § 25.301, for the purpose of compromise, suspen-. sion, or termination of collection action. § 25.313 Direct private payment.

(a) When a person who is responsible for damage to Government property, or his insurer, offers to have the property repaired to the satisfaction of the United States and to pay the cost of repairs directly to the repairer, direct payment is authorized where that procedure is in the best interests of the United States. The offeror shall be assured that a full release of the claim of the United States arising from the damage will be executed upon completion of the repairs to the full satisfaction of the Government, and upon receipt of evidence of payment, in full to the repairer by the offeror. The claims record, however, shall contain a statement of the cost of repairs and a certification by the officer concerned that all damages have been satisfactorily repaired and that full payment therefor has been made.

(b) The United States will assume no liability for restored depreciation or enhanced value of the repaired or replaced property unless a specific sum was mutually agreed to in writing in advance by the officer concerned and the damaging party.

name of the debtor, the amount of the claim, the nature of the claim, the type of action taken, and the general basis for the action taken. The report shall be made for the period beginning 1 January and ending 30 June and for the period beginning 1 July and ending 31 December of each year and shall be submitted not later than the 15th day of the month following the termination of the period covered by the report.

(b) Each officer to whom authority is delegated under this subpart shall, before exercising that authority, acquire sufficient documentation to demonstrate that the action taken is in the best interest of the United States. This documentation shall be retained.

§ 25.319 Referral to U.S. Attorney.

A designee under § 25.301 (b) (2) within whose command a claim under this subpart arises or to whom a claim is referred, may refer any such claim not exceeding his monetary jurisdiction on which collection action has been taken and which cannot be compromised or on which collection action cannot be suspended or terminated in accordance with 4 CFR, chapter II, directly to the appropriate U.S. attorney for collection. The Chief Counsel may refer a claim to the Department of Justice or the General Accounting Office as may be necessary.

§ 25.321 Referral to Chief Counsel.

Any claim in excess of the authority delegated under § 25.301 (b) which cannot be collected in full, and any claim which is not otherwise referable to the U.S. attorney, shall be referred to the Chief Counsel with appropriate recommendations for action.

§ 25.323 Statute of limitations.

(a) Except as provided in sections 2415 and 2416 of title 28, United States Code, a claim of the United States founded upon any contract is barred unless the complaint is filed within 6 years after the right of action accrues or within 1 year after a final decision has been rendered in applicable administrative proceedings required by contract or by law, whichever is later.

(b) Except as provided in sections 2415 and 2416 of title 28, United States Code, a claim of the United States founded upon a tort is barred unless the complaint is filed within 3 years after the right of action first accrues.

§ 25.325 Disposition of claims under other authorities.

This subpart does not diminish any existing authority to settle, compromise, or close claims.

ADMIRALTY CLAIMS (14 U.S.C. 647)

§ 25.341 Delegations of authority.

(a) The authority of the Commandant, U.S. Coast Guard, to consider, ascertain, adjust, determine, compromise, or settle claims in favor of the United States for damage cognizable in admiralty and all claims for damage caused by a vessel or floating object, to property of the United States under the jurisdiction of the Coast Guard is delegated to

(1) The Chief Counsel, U.S. Coast Guard, as to claims where there is involved a payment in a net amount not exceeding $25,000, which may be referred to him.

(2) The Commander of each Coast Guard District as to claims not exceeding $5,000, arising out of the activities of his command, or referred to him.

(3) The Commanding Officer of each Headquarters Unit having a permanent legal officer billet, as to claims not exceeding $5,000, arising out of the activities of his command, or referred to him.

§ 25.343 Redelegation.

Each officer to whom authority is delegated under § 25.341 may redelegate that authority as prescribed in § 25.305. § 25.345

Section not exclusive.

(a) The authority granted under 14 U.S.C. 647 to determine, compromise, and settle claims is supplementary to, and not in lieu of, any other provision of law authorizing the determination, compromise, and settlement of claims for damage to property described in 14 U.S.C. 647.

(b) Additional regulations covering the collection of claims for damage cognizable in admiralty and caused by a vessel or floating object to property of the United States and for their compromise, suspension, termination, or referral for collection are found in §§ 25.30125.325.

compromise, or settlement becomes final and conclusive for all purposes.

§ 25.349 Disposition of payments.

All payments received under 14 U.S.C. 647 shall be covered into the Treasury of the United States as miscellaneous receipts.

AIDS TO NAVIGATION DAMAGE CLAIMS (14 U.S.C. 642, 33 U.S.C. 412)

§ 25.361

Damage to aid to navigation.

Whenever an aid to navigation is damaged and can be repaired, a claim shall be promptly made for the cost to the Government to repair the aid and for all other costs directly caused by reason of the damage. The cost to make repairs shall be the cost of restoring the damaged aid to operating condition acceptable to the Coast Guard. This shall include the cost of all labor, material and overhead required to make the repairs, whether the repairs are made by a Government facility or a private contractor. § 25.363 Destruction of aid to navigation.

(a) Whenever an aid to navigation is destroyed, or is damaged to the extent that the cost of repair will exceed its value (a constructive total loss), a claim shall be promptly made for the cost to the Government to replace the aid with an identical aid or with a substitute aid acceptable to the Coast Guard, and for all other costs directly caused by reason of the destruction or total loss. A claim shall be made whether or not the aid is actually replaced, and whether or not the new aid is established at the same, or a different location, as that of the aid being replaced.

(b) The amount of the claim shall be the total cost to replace the aid less any salvage value and any enhanced value. Enhanced value is the extent to which the fair value of the aid immediately after replacement is greater than its fair value immediately before it was destroyed. Where maintenance equals the depreciation, there would be no enhanced value.

(c) The cost to replace an aid shall be the actual present day cost to reproduce an identical aid or an aid having similar general characteristics and permanence satisfactory to the Coast Guard. It shall include the cost of all labor, material, and overhead required to re