US Attorneys > USAM > Title 5 > USAM Chapter 5-2.000
prev | next | ENRD Resource Manual

5-2.000
PRIOR APPROVALS

USAM SECTION TYPE AND SCOPE OF APPROVAL WHO MUST APPROVE COMMENTS
5-1.302 Filing complaints, stipulations, 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 that the Attorney General (AG) exempts from this Requirement, arising from matters in the litigating sections. Assistant Attorney General (AAG), Environment and Natural Resources Division (ENRD) Written approval required.
5-1.321 Indictment of certain cases involving laws within the jurisdiction of ENRD AAG, ENRD Written approval required. In an emergency, a telephone request is acceptable.
5-5.112 Entering into a stipulation concluding the substantive rights of the Unites 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 Hunting Act, Bald and Golden Eagle Protection Act, Wild Horses and Burros Act. ENRD  
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. AAG, ENRD  
5-5.210 Certain claims or cases within the are a of responsibility of ENRD may not be compromised, closed or dismissed. AAG, Deputy Assistant Attorney General, (DAAG), Section Chief, or Deputy Section Chief, ENRD 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. AAG, ENRD ENRD Directive No. 16-99 (See USAM 5-1.300)
5-6.112 Initiate, other than at the request of EPA or the Army Corps of Engineers, a civil action under Sections 10 or 13 of the Rivers and Harbors Act. Exception: Temporary Restraining Orders (TROs) if there is a public health emergency. AAG, ENRD See USAM 5-6.310 and 5-6.521.
5-6.321 Initiate certain cases under the supervision of the Environmental Defense Section; and, other than at the request of EPA or the Army Corps of Engineers, initiate civil enforcement actions involving the dredging or filling or alteration of the navigable waters of the United States or their tributaries. AAG, ENRD 33 U.S.C. §§ 1311 and 1344. See USAM 5-6.112 and 5-6.310
5-7.321 Initiate certain cases under the supervision of the General Litigation Section. AAG, ENRD Exception: See USAM 5-1.310; ENRD Directive 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. AG Written request required. See ENRD Directive No. 16-99; USAM 5-1.310 and 5-6.630
5-8.620 Settle or dismiss ENRD cases on appeal. AAG or DAAG, ENRD, or appropriate ENRD trial section  
5-9.321 Initiate, settle or compromise certain cases under the supervision of the Policy, Legislation and Special Litigation Section. AAG, ENRD Written approval required. See USAM 5-5.230.
5-10.310 Initiate actions against foreign vessels and foreign fisherman under the Magnuson-Stevens Fishery Conservation and Management Act. Wildlife and Marine Resources Section, ENRD See 16 U.S.C. § 1801.
5-10.321 Initiate, settle or compromise certain cases under the supervision of the Wildlife and Marine Resource Section. ENRD Exceptions: See USAM 5-10.310. See also USAM 5-5.230
5-11.111 Appointment of Special Assistant United States Attorneys United States Attorney of the relevant district and the Assistant Attorney General, ENRD  
5-12.121 Amend a complaint which has been approved and signed by the AAG Chief, Environmental Enforcement Section, ENRD  
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. AAG, ENRD Title 25, U.S.C.
Authorization required under USAM 5-14.300 et seq.; ENRD Directive 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. ENRD  
5-15.526 Application for a citation in contempt under Rule 70, Fed. R. Civ. P., in certain environmental cases. ENRD.  
5-15.543 Altering pleadings to modify or change the estate being condemned or the description of the property. ENRD  
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. ENRD See USAM 5-15.544 Subsection A.
5-15.550 Waiver of jury trials in cases in the major-tract program. ENRD  
5-15.600; 5-15.640 Unless the United States Attorney is given settlement authority, no cases under the jurisdiction of the Land Acquisition Section may be settled or dismissed. AG or as delegated See ENRD Directive No. 16-99; USAM 5-15.620 and 5-15.630
5-15.631; 5-15.640 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 the disposition of another claim totaling more than $1,000,000, and 2) The agencies involved oppose the proposed closing or dismissal of the case or acceptance or rejection of the offer in compromise. AAG, ENRD ENRD Directive 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. ENRD  
[updated November 2008]