
[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1]

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                          TITLE 7--AGRICULTURE
 
PART 1--ADMINISTRATIVE REGULATIONS--Table of Contents
 
Subpart D--Claims

Sec. 1.51  Claims based on negligence, wrongful act or omission.

    (a) Authority of the Department. Under the provisions of the Federal 
Tort Claims Act (FTCA), as amended, 28 U.S.C. 2671-2680, and the 
regulations issued by the Department of Justice (DOJ) contained in 28 
CFR part 14, the United States Department of Agriculture (USDA) may, 
subject to the provisions of the FTCA and DOJ regulations, consider, 
ascertain, adjust, determine, compromise, and settle claims for money 
damages against the United States for personal injury, death, or 
property loss or damage caused by the negligent or wrongful act or 
omission of any employee of USDA while acting within the scope of his or 
her office or employment, under circumstances where the United States, 
if it were a private person, would be liable, in accordance with the law 
of the place where the act or omission occurred.
    (b) Procedure for filing claims. Claims must be presented by the 
claimant, or by his or her duly authorized agent or legal representative 
as specified in 28 CFR 14.3. Standard Form 95, Claim for Damage or 
Injury, may be obtained from the agency within USDA that employs the 
employee who allegedly committed the negligent or wrongful act or 
omission. The completed claim form, together with appropriate evidence 
and information, as specified in 28 CFR 14.4, shall be filed with the 
agency from which it was obtained.
    (c) Determination of claims--(1) Delegation of authority to 
determine claims. The General Counsel, and such employees of the Office 
of the General Counsel as may be designated by the General Counsel, are 
hereby authorized to consider, ascertain, adjust, determine, compromise, 
and settle claims pursuant to the FTCA, as amended, and the regulations 
contained in 28 CFR part 14 and in this section.
    (2) Disallowance of claims. If a claim is denied, the General 
Counsel, or his or here designee, shall notify the claimant, or his or 
her duly authorized agent or legal representative.

[61 FR 57577, Nov. 7, 1996]

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